[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 21 Engrossed in Senate (ES)]
103d CONGRESS
2d Session
S. 21
_______________________________________________________________________
AN ACT
To designate certain lands in the California Desert as wilderness, to
establish Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes.
103d CONGRESS
2d Session
S. 21
_______________________________________________________________________
AN ACT
To designate certain lands in the California Desert as wilderness, to
establish Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Desert Protection Act of
1994''.
SEC. 2. FINDINGS AND POLICY.
(a) The Congress finds and declares that--
(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological, wildlife,
cultural, scientific, educational, and recreational values used
and enjoyed by millions of Americans for hiking and camping,
scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures which
would impair, dilute, and destroy their public and natural
values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general public
land statutes (including section 601 of the Federal Land Policy
and Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 et
seq.) and through interim administrative actions, the Federal
government has begun the process of appropriately providing for
protection of the significant resources of the public lands in
the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land values
of the California desert merit.
(b) In order to secure for the American people of this and future
generations an enduring heritage of wilderness, national parks, and
public land values in the California desert, it is hereby declared to
be the policy of the Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and
wildlife values associated with these unique natural
landscapes;
(B) perpetuate in their natural state significant
and diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural
values of the California desert associated with ancient
Indian cultures, patterns of western exploration and
settlement, and sites exemplifying the mining, ranching
and railroading history of the Old West;
(D) provide opportunities for compatible outdoor
public recreation, protect and interpret ecological and
geological features and historic, paleontological, and
archeological sites, maintain wilderness resource
values, and promote public understanding and
appreciation of the California desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
BUREAU OF LAND MANAGEMENT
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
SEC. 102. DESIGNATION OF WILDERNESS.
In furtherance of the purpose of the Wilderness Act (78 Stat. 890,
16 U.S.C. 1131 et seq.), and sections 601 and 603 of the Federal Land
Policy and Management Act of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et
seq.), the following lands in the State of California, as generally
depicted on maps referenced herein, are hereby designated as
wilderness, and therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps entitled
``Argus Range Wilderness--Proposed 2'' and ``Argus Range
Wilderness--Proposed 3'' dated January 1989, and which shall be
known as the Argus Range Wilderness.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand one hundred and eighty-five acres, as
generally depicted on a map entitled ``Bighorn Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bighorn Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five hundred
and seventy acres, as generally depicted on a map entitled
``Big Maria Mountains Wilderness--Proposed'', dated February
1986, and which shall be known as the Big Maria Mountains
Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star Wilderness--
Proposed'', dated October 1993, and which shall be known as the
Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which shall
be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand seven
hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management, which
comprise approximately sixty-four thousand three hundred and
twenty acres, as generally depicted on a map entitled
``Chemehuevi Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Chemehuevi Mountains
Wilderness.
(11) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted on
two maps entitled ``Chimney Park Wilderness--Proposed 1'' and
``Chimney Peak Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Chimney Peak Wilderness.
(12) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty thousand seven hundred and seventy acres,
as generally depicted on two maps entitled ``Chuckwalla
Mountains Wilderness--Proposed 1'' and ``Chuckwalla Mountains
Wilderness--Proposed 2'', dated July 1992, and which shall be
known as the Chuckwalla Mountains Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise thirty-
three thousand nine hundred and eighty acres, as generally
depicted on a map entitled ``Cleghorn Lakes Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Cleghorn Lakes Wilderness. The Secretary may, pursuant to an
application filed by the Department of Defense, grant a right-
of-way for, and authorize construction of, a road within the
area depicted as ``nonwilderness road corridor'' on such map.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand acres, as generally depicted
on a map entitled ``Clipper Mountain Wilderness--Proposed'',
dated July 1993, and which shall be known as Clipper Mountain
Wilderness.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Coso Range Wilderness--
Proposed'', dated May 1991, and which shall be known as Coso
Range Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as Darwin
Falls Wilderness.
(18) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight hundred
and fifty acres, as generally depicted on a map entitled ``Dead
Mountains Wilderness--Proposed'', dated October 1991, and which
shall be known as Dead Mountains Wilderness.
(19) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately thirty-
six thousand three hundred acres, as generally depicted on two
maps entitled ``Domeland Wilderness Additions--Proposed 1'' and
``Domeland Wilderness Additions--Proposed 2'', and which are
hereby incorporated in, and which shall be deemed to be a part
of, the Domeland Wilderness as designated by Public Laws 93-632
and 98-425.
(20) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten acres,
as generally depicted on a map entitled ``Funeral Mountains
Wilderness--Proposed'', dated May 1991, and which shall be
known as Funeral Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986, and which shall be
known as Golden Valley Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand six hundred and ninety-five
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Grass Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty acres,
as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty acres,
as generally depicted on a map entitled ``Ibex Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Ibex Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand eight hundred and fifty-
five acres, as generally depicted on a map entitled ``Indian
Pass Wilderness--Proposed'', dated July 1993, and which shall
be known as the Indian Pass Wilderness.
(28) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which comprise
approximately two hundred and five thousand and twenty acres,
as generally depicted on three maps entitled ``Inyo Mountains
Wilderness--Proposed 1'', ``Inyo Mountains Wilderness--Proposed
2'', ``Inyo Mountains Wilderness--Proposed 3'', dated May 1991,
and which shall be known as the Inyo Mountains Wilderness.
(29) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five hundred
and eighty acres, as generally depicted on a map entitled
``Kelso Dunes Wilderness--Proposed 1'', dated October 1991, a
map entitled ``Kelso Dunes Wilderness--Proposed 2'', dated May
1991, and a map entitled ``Kelso Dunes Wilderness--Proposed
3'', dated September 1991, and which shall be known as the
Kelso Dunes Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted on
a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--Proposed
2'', dated October 1993, and which shall be known as the Kiavah
Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand, six hundred and eight
acres, as generally depicted on four maps entitled ``Kingston
Range Wilderness--Proposed 1'', ``Kingston Range Wilderness--
Proposed 2'', ``Kingston Range Wilderness--Proposed 3'',
``Kingston Range Wilderness--Proposed 4'', dated July 1993, and
which shall be known as the Kingston Range Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(34) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately thirty-three thousand six hundred
acres, as generally depicted on a map entitled ``Little Picacho
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Little Picacho Wilderness.
(35) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak Wilderness--
Proposed'', dated October 1991, and which shall be known as the
Manly Peak Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Mecca Hills Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall be
known as the Newberry Mountains Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and sixty
acres, as generally depicted on a map entitled ``Nopah Range
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Nopah Range Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty acres,
as generally depicted on a map entitled ``North Algodones Dunes
Wilderness--Proposed'', dated October 1991, and which shall be
known as the North Algodones Dunes Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North Mesquite
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as the North Mesquite Mountains Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and twenty acres,
as generally depicted on a map entitled ``Old Woman Mountains
Wilderness--Proposed 1'', dated July 1993 and a map entitled
``Old Woman Mountains Wilderness--Proposed 2'', dated July
1993, and which shall be known as the Old Woman Mountains
Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand seven hundred and thirty-five
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Orocopia Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four thousand
and sixty acres, as generally depicted on a map entitled
``Owens Peak Wilderness--Proposed 1'', dated February 1986, a
map entitled ``Owens Peak Wilderness--Proposed 2'', dated March
1994, and a map entitled ``Owens Peak Wilderness--Proposed 3'',
dated May 1991, and which shall be known as the Owens Peak
Wilderness.
(46) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986, and which shall be
known as the Pahrump Valley Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and a
map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated July
1993, and which shall be known as the Palen/McCoy Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten acres,
as generally depicted on a map entitled ``Palo Verde Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Palo Verde Mountains Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as generally
depicted on a map entitled ``Picacho Peak Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Picacho Peak Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand five hundred and seventy-
five acres, as generally depicted on a map entitled ``Piper
Mountain Wilderness--Proposed'', dated October 1993, and which
shall be known as the Piper Mountain Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled ``Resting
Spring Range Wilderness--Proposed'', dated May 1991, and which
shall be known as the Resting Spring Range Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres, as
generally depicted on a map entitled ``Rice Valley Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Rice Valley Wilderness.
(54) Certain lands in the California Desert Conservation
area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three hundred
eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains Wilderness.
(55) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-one thousand three hundred acres, as
generally depicted on a map entitled ``Rodman Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Rodman Mountains Wilderness.
(56) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps entitled
``Sacatar Trail Wilderness--Proposed 1'' and ``Sacatar Trail
Wilderness--Proposed 2'', dated May 1991, and which shall be
known as the Sacatar Trail Wilderness.
(57) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law 98-
425.
(60) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted on
a map entitled ``Sawtooth Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as the Sawtooth
Mountains Wilderness.
(61) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheephole
Valley Wilderness--Proposed 1'', dated July 1993, and
``Sheephole Valley Wilderness--Proposed 2'', dated July 1993,
and which shall be known as the Sheephole Valley Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty acres,
as generally depicted on a map entitled ``South Nopah Range
Wilderness--Proposed'', dated February 1986, and which shall be
known as the South Nopah Range Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled ``Stateline Wilderness--Proposed'',
dated May 1991, and which shall be known as the Stateline
Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall be
known as the Stepladder Mountains Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and which
shall be known as the Surprise Canyon Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand one hundred and sixty acres,
as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Trilobite Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'', dated
May 1991, and which shall be known as the Turtle Mountains
Wilderness.
(69) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated July
1993, and which shall be known as the Whipple Mountains
Wilderness.
SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each wilderness
area designated under section 102 shall be administered by the
Secretary of the Interior (hereinafter in this Act referred to as the
``Secretary'') or the Secretary of Agriculture, as appropriate, in
accordance with the provisions of the Wilderness Act, except that any
reference in such provisions to the effective date of the Wilderness
Act shall be deemed to be a reference to the effective date of this
title and any reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary who has administrative jurisdiction
over the area.
(b) Map and Legal Descriptions.--As soon as practicable after the
date of enactment of section 102, the Secretary concerned shall file a
map and legal description for each wilderness area designated under
this title with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives. Each such map and description
shall have the same force and effect as if included in this title,
except that the Secretary or the Secretary of Agriculture, as
appropriate, may correct clerical and typographical errors in each such
legal description and map. Each such map and legal description shall be
on file and available for public inspection in the office of the
Director of the Bureau of Land Management, Department of the Interior,
or the Chief of the Forest Service, Department of Agriculture, as
appropriate.
(c) Livestock.--Within the wilderness areas designated under
section 102, the grazing of livestock, where established prior to the
date of enactment of this Act, shall be permitted to continue subject
to such reasonable regulations, policies, and practices as the
Secretary deems necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of Congress
regarding grazing in such areas as such intent is expressed in the
Wilderness Act and section 101(f) of Public Law 101-628.
(d) No Buffer Zones.--The Congress does not intend for the
designation of wilderness areas in section 102 of this Act to lead to
the creation of protective perimeters or buffer zones around any such
wilderness area. The fact that nonwilderness activities or uses can be
seen or heard from areas within a wilderness area shall not, of itself,
preclude such activities or uses up to the boundary of the wilderness
area.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act, nothing in this title shall be construed as affecting
the jurisdiction of the State of California with respect to wildlife
and fish on the public lands located in that State.
(f) Wildlife Management.--In furtherance of the purposes of the
Wilderness Act, management activities to maintain or restore fish and
wildlife populations and the habitats to support such populations may
be carried out within wilderness areas designated by this title, where
consistent with relevant wilderness management plans, in accordance
with appropriate policies and guidelines, as set forth in section
101(h) of Public Law 101-628.
(g) Law Enforcement Border Activities.--Nothing in this Act,
including the designation as wilderness of lands within the Coyote,
Fish Creek Mountains, and Jacumba wilderness areas designated in
section 102 of this Act, the Wilderness Act, or other land management
laws generally applicable to such areas, shall restrict or preclude
continued law enforcement and border operations within such areas,
including the use of motor vehicles and aircraft by the Immigration and
Naturalization Service, the Drug Enforcement Administration, the United
States Customs Service, or State and local law enforcement agencies in
such manner and subject to such restrictions as may be determined by
the Attorney General of the United States or Secretary of the Treasury,
as appropriate, in consultation with the Secretary.
SEC. 104. WILDERNESS REVIEW.
(a) In General.--Except as provided in subsection (b), the Congress
hereby finds and directs that lands in the California Desert
Conservation Area, of the Bureau of Land Management, not designated as
wilderness or wilderness study areas by this Act have been adequately
studied for wilderness designation pursuant to section 603 of the
Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 43
U.S.C. 1701 et seq.), and are no longer subject to the requirement of
section 603(c) of the Federal Land Policy and Management Act of 1976
pertaining to the management of wilderness study areas in a manner that
does not impair the suitability of such areas for preservation as
wilderness.
(b) Areas Not Released.--The following areas shall continue to be
subject to the requirements of section 603(c) of the Federal Land
Policy and Management Act of 1976, pertaining to the management of
wilderness study areas in a manner that does not impair the suitability
of such areas for preservation as wilderness--
(1) certain lands which comprise approximately sixty-one
thousand three hundred and twenty, as generally depicted on a
map entitled ``Avawatz Mountains Wilderness--Proposed'', dated
May 1991;
(2) certain lands which comprise approximately thirty-nine
thousand seven hundred and fifty acres, as generally depicted
on a map entitled ``Kingston Range Wilderness--Proposed 4'',
dated July 1993;
(3) certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed 1'',
dated May 1991, and ``Soda Mountains Wilderness--Proposed 2'',
dated January 1989;
(4) certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991;
(5) certain lands which comprise approximately seventeen
thousand two hundred and eighty acres, as generally depicted on
a map entitled ``Death Valley National Park Boundary and
Wilderness 17--Proposed'', dated July 1993;
(6) certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986; and
(7) certain lands which comprise approximately eighty-four
thousand four hundred acres, as generally depicted on a map
entitled ``Cady Mountains Wilderness--Proposed'', dated July
1993.
(c) Withdrawal.--Subject to valid existing rights, the Federal
lands referred to in subsection (b) are hereby withdrawn from all forms
of entry, appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws; and
from disposition under all laws pertaining to mineral and geothermal
leasing, and mineral materials, and all amendments thereto.
SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.
In furtherance of the provisions of the Wilderness Act, certain
lands in the California Desert Conservation Area, of the Bureau of Land
Management, which comprise approximately eleven thousand two hundred
acres as generally depicted on a map entitled ``White Mountains
Wilderness Study Area--Proposed'', dated May 1991, are hereby
designated as the White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the provisions of
section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782).
SEC. 106. SUITABILITY REP0RT.
The Secretary is required, ten years after the date of enactment of
this Act, to report to Congress on current and planned exploration,
development or mining activities on, and suitability for future
wilderness designation of, the lands as generally depicted on maps
entitled ``Surprise Canyon Wilderness--Proposed'', ``Middle Park Canyon
Wilderness--Proposed'', and ``Death Valley National Park Boundary and
Wilderness 15'', dated September 1991 and a map entitled ``Manly Peak
Wilderness--Proposed'', dated October 1991.
SEC. 107. DESERT LILY SANCTUARY.
(a) Designation.--There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area, California,
of the Bureau of Land Management, comprising approximately two thousand
forty acres, as generally depicted on a map entitled ``Desert Lily
Sanctuary'', dated February 1986. The Secretary shall administer the
area to provide maximum protection to the desert lily.
(b) Withdrawal.--Subject to valid existing rights, all Federal
lands within the Desert Lily Sanctuary are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public land laws;
from location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments thereto.
SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL CONCERN.
(a) Designation.--There is hereby established the Dinosaur Trackway
Area of Critical Environmental Concern within the California Desert
Conservation Area, of the Bureau of Land Management, comprising
approximately five hundred and ninety acres as generally depicted on a
map entitled ``Dinosaur Trackway Area of Critical Environmental
Concern'', dated July 1993. The Secretary shall administer the area to
preserve the paleontological resources within the area.
(b) Withdrawal.--Subject to valid existing rights, the Federal
lands within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map entitled
``Dinosaur Trackway Mineral Withdrawal Area'', dated July 1993, are
hereby withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; from location, entry, and patent under the
United States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral materials,
and all amendments thereto.
TITLE II--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
UNITED STATES FISH AND WILDLIFE SERVICE
SEC. 201. DESIGNATION AND MANAGEMENT.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act, the following lands are hereby designated as wilderness and
therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two maps
entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Management.--Subject to valid existing rights, the wilderness
areas designated under this title shall be administered by the
Secretary in accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness, except that any
reference in such provisions to the effective date of the Wilderness
Act (or any similar reference) shall be deemed to be a reference to the
date of enactment of this Act.
(c) Maps and Legal Description.--As soon as practicable after
enactment of this title, the Secretary shall file a map and a legal
description of each wilderness area designated under this section with
the Committees on Energy and Natural Resources and Environment and
Public Works of the United States Senate and Natural Resources and
Merchant Marine and Fisheries of the United States House of
Representatives. Such map and description shall have the same force and
effect as if included in this Act, except that correction of clerical
and typographical errors in such legal description and map may be made.
Such map and legal description shall be on file and available for
public inspection in the Office of the Director, United States Fish and
Wildlife Service, Department of the Interior.
SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.
Nothing in this title shall be construed to affect the operation of
federally owned dams located on the Colorado River in the Lower Basin.
SEC. 203. NO EFFECT ON UPPER BASIN.
Nothing in this Act shall amend, construe, supersede, or preempt
any State law, Federal law, interstate compact, or international treaty
pertaining to the Colorado River (including its tributaries) in the
Upper Basin, including, but not limited to the appropriation, use,
development, storage, regulation, allocation, conservation,
exportation, or quality of those rivers.
SEC. 204. COLORADO RIVER.
With respect to the Havasu and Imperial wilderness areas designated
by subsection 201(a) of this title, no rights to water of the Colorado
River are reserved, either expressly, impliedly, or otherwise.
TITLE III--DEATH VALLEY NATIONAL PARK
SEC. 301. FINDINGS.
The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, geological, archeological,
paleontological, cultural, historical ad wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.
There is hereby established the Death Valley National Park,
(hereinafter in this title referred to as the ``park'') as generally
depicted on twenty-three maps entitled ``Death Valley National Park
Boundary and Wilderness--Proposed'', numbered in the title one through
twenty-three, and dated July 1993 or prior, which shall be on file and
available for public inspection in the offices of the Superintendent of
the park and the Director of the National Park Service, Department of
the Interior. The Death Valley National Monument is hereby abolished as
such, the lands and interests therein are hereby incorporated within
and made part of the new Death Valley National Park, and any funds
available for purposes of the monument shall be available for purposes
of the park.
SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management depicted
in the maps described in section 302 of this title, without
consideration, to the administrative jurisdiction of the National Park
Service for administration as part of the National Park System, and the
boundary of the park shall be adjusted accordingly. The Secretary shall
administer the areas added to the park by this title in accordance with
the provisions of law generally applicable to units of the National
Park System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
SEC. 304. MAPS AND LEGAL DESCRIPTION.
Within six months after the enactment of this title, the Secretary
shall file maps and a legal description of the park designated under
this title with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives. Such maps and legal description
shall have the same force and effect as if included in this title,
except that the Secretary may correct clerical and typographical errors
in such legal description and in the maps referred to in section 302.
The maps and legal description shall be on file and available for
public inspection in the offices of the Superintendent of the park and
the Director of the National Park Service, Department of the Interior.
SEC. 305. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the park
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition under all
laws pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
SEC. 306. GRAZING.
(a) In General.--The privilege of grazing domestic livestock on
lands within the park shall continue to be exercised at no more than
the current level, subject to applicable laws and National Park Service
regulations.
(b) Sale of Property.--If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such permittee
is willing to convey to the United States any base property with
respect to which such permit was issued and to which such permittee
holds title, the Secretary shall make the acquisition of such base
property a priority as compared with the acquisition of other lands
within the park, provided agreement can be reached concerning the terms
and conditions of such acquisition. Any such base property which is
located outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible for the
majority of the adjacent lands in accordance with the laws applicable
to such adjacent lands.
TITLE IV--JOSHUA TREE NATIONAL PARK
SEC. 401. FINDINGS.
The Congress hereby finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, archeological,
paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park caliber,
and afforded full recognition and statutory protection as a
national park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.
There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the ``park''), as generally
depicted on a map entitled ``Joshua Tree National Park Boundary--
Proposed'', dated May 1991, and four maps entitled ``Joshua Tree
National Park Boundary and Wilderness'', numbered in the title one
through four, and dated October 1991 or prior, which shall be on file
and available for public inspection in the offices of the
Superintendent of the park and the Director of the National Park
Service, Department of the Interior. The Joshua Tree National Monument
is hereby abolished as such, the lands and interests therein are hereby
incorporated within and made part of the new Joshua Tree National Park,
and any funds available for purposes of the monument shall be available
for purposes of the park.
SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management depicted
on the maps described in section 402 of this title, without
consideration, to the administrative jurisdiction of the National Park
Service for administration as part of the National Park System. The
boundaries of the park shall be adjusted accordingly. The Secretary
shall administer the areas added to the park by this title in
accordance with the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
SEC. 404. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this title, the
Secretary shall file maps and legal description of the park with the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have the same
force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such legal
description and maps. The maps and legal description shall be on file
and available for public inspection in the appropriate offices of the
National Park Service, Department of the Interior.
SEC. 405. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the park
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition under all
laws pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
SEC. 406. UTILITY RIGHTS-OF-WAY.
Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation maintenance, repair,
and replacement activities in such right-of-way, issued, granted, or
permitted to the Metropolitan Water District pursuant to the Boulder
Canyon Project Act (43 U.S.C. 617-619b), which is located on lands
included in the Joshua Tree National Park, but outside lands designated
as wilderness under section 601(2). Such activities shall be conducted
in a manner which will minimize the impact on park resources. Nothing
in this title shall have the effect of terminating the fee title to
lands or customary operation, maintenance, repair, and replacement
activities on or under such lands granted to the Metropolitan Water
District pursuant to the Act on June 18, 1932 (47 Stat. 324), which are
located on lands included in the Joshua Tree National Park, but outside
lands designated as wilderness under section 601(2). Such activities
shall be conducted in a manner which will minimize the impact on park
resources. The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this Act, in consultation with the
Metropolitan Water District, plans for emergency access by the
Metropolitan Water District to its lands and rights-of-way.
TITLE V--MOJAVE NATIONAL PARK
SEC. 501. FINDINGS.
The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative desert
resources, but do not embrace the particular ecosystems and
transitional desert type found in the Mojave Desert area lying
between them on public lands now afforded only impermanent
administrative designation as a national scenic area;
(2) the Mojave desert possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the National
Park System;
(3) portions of the Mojave desert should be afforded full
recognition and statutory protection as a National Park;
(4) the wilderness within the Mojave desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave desert area provides an outstanding
opportunity to develop services, programs, accommodations and
facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101), and
other appropriate laws and regulations.
SEC. 502. ESTABLISHMENT OF MOJAVE NATIONAL PARK.
There is hereby established the Mojave National Park (hereinafter
in this title referred to as the ``park'') comprising approximately one
million one hundred eighty-one thousand three hundred and fifty acres,
as generally depicted on a map entitled ``Mojave National Park
Boundary--Proposed'', dated March 1994, which shall be on file and
available for inspection in the appropriate offices of the National
Park Service, Department of the Interior.
SEC. 503. TRANSFER OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management depicted
on the maps described in section 502 of this title, without
consideration, to the administrative jurisdiction of the National Park
Service.
SEC. 504. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this title, the
Secretary shall file maps and a legal description of the park with the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Natural Resources of the United States House of
Representatives. Such maps and legal descriptions shall have the same
force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such legal
descriptions and maps. The maps and legal description shall be on file
and available for public inspection in the appropriate offices of the
National Park Service, Department of the Interior.
SEC. 505. ABOLISHMENT OF SCENIC AREA.
The East Mojave Scenic Area, designated on January 13, 1981 (46 FR
3994), and modified on August 9, 1983 (48 FR 36210), is hereby
abolished.
SEC. 506. ADMINISTRATION OF PARK.
The Secretary shall administer the park in accordance with this
title and with the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
SEC. 507. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the park
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition under all
laws pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
SEC. 508. REGULATION OF MINING.
Subject to valid existing rights, all mining claims located within
the park shall be subject to all applicable laws and regulations
applicable to mining within units of the National Park System,
including the Mining in the Parks Act (16 U.S.C. 1901 et seq.), and any
patent issued after the date of enactment of this title shall convey
title only to the minerals together with the right to use the surface
of lands for mining purposes, subject to such laws and regulations.
SEC. 509. GRAZING.
(a) In General.--The privilege of grazing domestic livestock on
lands within the park shall continue to be exercised at no more than
the current level, subject to applicable laws and National Park Service
regulations.
(b) Offers to Sell.--If a person holding a grazing permit referred
to in subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with respect
to which the permit was issued and to which such permittee holds title,
the Secretary shall make the acquisition of such base property a
priority as compared with the acquisition of other lands within the
park, provided agreement can be reached concerning the terms and
conditions of such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this section
shall be managed by the Federal agency responsible for the majority of
the adjacent lands in accordance with the laws applicable to such
adjacent lands.
SEC. 510. UTILITY RIGHTS OF WAY.
(a)(1) Nothing in this title shall have the effect of terminating
any validly issued rights-of-way or customary operation, maintenance,
repair, and replacement activities in such rights-of-way, issued,
granted, or permitted to Southern California Edison Company, its
successors or assigns, which is located on lands included in the Mojave
National Park, but outside lands designated as wilderness under section
601(3). Such activities shall be conducted in a manner which will
minimize the impact on park resources.
(2) Nothing in this title shall have the effect of prohibiting the
upgrading of an existing electrical transmission line for the purpose
of increasing the capacity of such transmission line in the Southern
California Edison Company validly issued Eldorado-Lugo Transmission
Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the Secretary
adjacent to the existing Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as ``adjacent right-of-way''),
including construction of a replacement transmission line: Provided,
That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado-Lugo
right-of-way'') at no time shall there be more than 3
electrical transmission lines,
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site shall
be completed no later than three years after the date on which
construction of the upgraded transmission line begins, after
which time there may be only one electrical transmission line
in the lands encompassed by Mojave right-of-way and adjacent
right-of-way,
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed,
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
park resources,
(E) no more than three hundred and fifty feet of additional
land shall be issued, granted, or permitted for an adjacent
right-of-way to the south of the Mojave right-of-way unless a
greater addition would reduce the impacts to park resources,
and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on park resources.
(3) The Secretary shall prepare within one hundred and eighty days
after the date of enactment of this title, in consultation with the
Southern California Edison Company, plans for emergency access by the
Southern California Edison Company to its rights-of-way.
(b)(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way, or customary operation, maintenance,
repair, and replacement activities in such right-of-way; prohibiting
the upgrading of and construction on existing facilities in such right-
of-way for the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way; issued,
granted, or permitted to the Southern California Gas Company, its
successors or assigns, which is located on lands included in the Mojave
National Park, but outside lands designated as wilderness under section
601(3). Such activities shall be conducted in a manner which will
minimize the impact on park resources.
(2) The Secretary shall prepare within one hundred and eighty days
after the date of enactment of this title, in consultation with the
Southern California Gas Company, plans for emergency access by the
Southern California Gas Company to its rights-of-way.
(c) Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted for communications cables or lines, which are
located on lands included in the Mojave National Park, but outside
lands designated as wilderness under section 601(3). Such activities
shall be conducted in a manner which will minimize the impact on park
resources.
(d) Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted to Molybdenum Corporation of America; Molycorp,
Incorporated; or Union Oil Company of California (d/b/a Unocal
Corporation); or its successors or assigns, or prohibiting renewal of
such right-of-way, which is located on lands included in the Mojave
National Park, but outside lands designated as wilderness under section
601(3). Such activities shall be conducted in a manner which will
minimize the impact on park resources.
SEC. 511. GENERAL MANAGEMENT PLAN.
(a) In General.--Within three years of the date of enactment of
this title, the Secretary shall submit to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives a
detailed and comprehensive management plan for the park.
(b) Kelso Depot.--Such plan shall place emphasis on historical and
cultural sites and ecological and wilderness values within the
boundaries of the park, and shall evaluate the feasibility of using the
Kelso Depot and existing railroad corridor to provide public access to
and a facility for special interpretive, educational, and scientific
programs within the park.
(c) Needs of Individuals With Disabilities.--Such plan shall
specifically address the needs of individuals with disabilities in the
design of services, programs, accommodations and facilities consistent
with section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101), and other appropriate laws
and regulations.
SEC. 512. GRANITE MOUNTAINS NATURAL RESERVE.
(a) Establishment.--There is hereby designated the Granite
Mountains Natural Reserve within the park comprising approximately nine
thousand acres as generally depicted on a map entitled ``Mojave
National Park Boundary and Wilderness--Proposed 6'', dated May 1991.
(b) Cooperative Management Agreement.--Upon enactment of this
title, the Secretary shall enter into a cooperative management
agreement with the University of California for the purposes of
managing the lands within the Granite Mountains Natural Reserve. Such
cooperative agreement shall ensure continuation of arid lands research
and educational activities of the University of California, consistent
with the provisions of this title and laws generally applicable to
units of the National Park System.
SEC. 513. SODA SPRINGS DESERT STUDY CENTER.
Upon enactment of this title, the Secretary shall enter into a
cooperative management agreement with California State University for
the purposes of managing facilities at the Soda Springs Desert Study
Center. Such cooperative agreement shall ensure continuation of the
desert research and educational activities of California State
University, consistent with the provisions of this title and laws
generally applicable to units of the National Park System.
SEC. 514. CONSTRUCTION OF VISITOR CENTER.
The Secretary is authorized to construct a visitor center in the
park for the purpose of providing information through appropriate
displays, printed material, and other interpretive programs, about the
resources of the park.
SEC. 515. ACQUISITION OF LANDS
In General.--The Secretary is authorized to acquire all lands and
interests therein within the boundary of the park by donation,
purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the park which are owned by the State of California, or any
political subdivision thereof, may be acquired only by donation
or exchange except for lands managed by California State Lands
Commission; and
(2) lands or interests therein within the boundary of the
park which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to
be developed, in a manner which is detrimental to the integrity
of the park or which is otherwise incompatible with the
purposes of this title: Provided, however, That the
construction, modification, repair, improvement, or replacement
of a single-family residence shall not be determined to be
detrimental to the integrity of the park or incompatible with
the purposes of this title.
SEC. 516. SUITABILITY REPORT.
The Secretary is required, twenty years after the date of enactment
of this title, to report to Congress on current and planned
exploration, development or mining activities on, and suitability for
future park designation of, the lands as generally depicted on a map
entitled ``Mojave National Park Study Area-- Proposed'', dated July
1992.
SEC. 517. ADVISORY COMMISSION.
(a) There is hereby established the Mojave National Park Advisory
Commission (hereinafter in this section referred to as the ``Advisory
Commission'').
(b) The Advisory Commission shall be composed of fifteen members
appointed by the Secretary for terms of three years each.
(c) Any vacancy in the Advisory Commission shall be filled in the
same manner in which the original appointment was made.
(d) Members of the Advisory Commission shall serve without
compensation as such, but the Secretary may pay, upon vouchers signed
by the Chairman, the expenses reasonably incurred by the Commission and
its members in carrying out their responsibilities under this Act.
(e) The Secretary, or his designee, shall from time to time, but at
least annually, meet and consult with the Advisory Commission on
general policies and specific matters related to planning,
administration and development affecting the park.
(f) The Advisory Commission shall act and advise by affirmative
vote of the majority of the members thereof.
(g) The Advisory Commission shall cease to exist ten years after
the enactment of this Act.
TITLE VI--NATIONAL PARK WILDERNESS
SEC. 601. DESIGNATION OF WILDERNESS.
(a) In furtherance of the purposes of the Wilderness Act (78 Stat.
890; 16 U.S.C. 1311 et seq.), the following lands within the units of
the National Park System designated by this Act are hereby designated
as wilderness, and therefore, as components of the National Wilderness
Preservation System:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred fifty-eight thousand
thirty-eight acres, as generally depicted on twenty-three maps
entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated October 1993 or prior, and three maps entitled
``Death Valley National Park Wilderness'', numbered in the
title one through three, and dated July 1993 or prior, and
which shall be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand seven
hundred and eighty acres, as generally depicted on four maps
entitled ``Joshua Tree National Park Boundary and Wilderness--
Proposed'', numbered in the title one through four, and dated
October 1991 or prior, and which are hereby incorporated in,
and which shall be deemed to be a part of the Joshua Tree
Wilderness as designated by Public Law 94-567.
(3) Mojave Naional Park Wilderness, comprising
approximately six hundred ninety-five thousand two hundred
acres, as generally depicted on ten maps entitled ``Mojave
National Park Boundary and Wilderness--Proposed'', and numbered
in the title one through ten, and dated March 1994 or prior,
and seven maps entitled ``Mojave National Park Wilderness--
Proposed'', numbered in the title one through seven, and dated
March 1994 or prior, and which shall be known as the Mojave
Wilderness.
(b) Potential Wilderness.--Upon cessation of all uses prohibited by
the Wilderness Act and publication by the Secretary in the Federal
Register of notice of such cessation, potential wilderness, comprising
approximately six thousand eight hundred and forty acres, as described
in ``1988 Death Valley National Monument Draft General Management Plan
Draft Environmental Impact Statement'' (hereafter in this title
referred to as ``Draft Plan'') and as generally depicted on map in the
Draft Plan entitled ``Wilderness Plan Death Valley National Monument'',
dated January 1988, and which shall be deemed to be a part of the Death
Valley Wilderness as designated in paragraph (1). Lands identified in
the Draft Plan as potential wilderness shall be managed by the
Secretary insofar as practicable as wilderness until such time as said
lands are designated as wilderness.
SEC. 602. FILING OF MAPS AND DESCRIPTIONS.
Maps and a legal description of the boundaries of the areas
designated in section 601 of this title shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior. As soon as practicable after the
date of enactment of this title takes effect, maps and legal
descriptions of the wilderness areas shall be filed with the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives, and such maps and legal descriptions shall have the
same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such maps
and legal descriptions.
SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.
The areas designated by section 601 of this title as wilderness
shall be administered by the Secretary in accordance with the
applicable provisions of the Wilderness Act governing areas designated
by that title as wilderness, except that any reference in such
provision to the effective date of the Wilderness Act shall be deemed
to be a reference to the effective date of this title, and where
appropriate, and reference to the Secretary of Agriculture shall be
deemed to be a reference to the Secretary of the Interior.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK.
Upon enactment of this title, the Secretary shall transfer to the
State of California certain lands within the California Desert
Conservation Area, California, of the Bureau of Land Management,
comprising approximately twenty thousand five hundred acres, as
generally depicted on two maps entitled ``Red Rock Canyon State Park
Additions 1'' and ``Red Rock Canyon State Park Additions 2'', dated May
1991, for inclusion in the State of California Park System. Should the
State of California cease to manage these lands as part of the State
Park System, ownership of the lands shall revert to the Department of
the Interior to be managed as part of California Desert Conservation
Area to provide maximum protection for the area's scenic and scientific
values.
SEC. 702. LAND TENURE ADJUSTMENTS.
In preparing land tenure adjustment decisions with the California
Desert Conservation Area, of the Bureau of Land Management, the
Secretary shall give priority to consolidating Federal ownership within
the national park units and wilderness areas designated by this Act.
SEC. 703. LAND DISPOSAL.
Except as provided in section 406, none of the lands within the
boundaries of the wilderness or park areas designated under this Act
shall be granted to or otherwise made available for use by the
Metropolitan Water District or any other agencies or persons pursuant
to the Boulder Canyon Project Act (43 U.S.C. 617-619b) or any similar
acts.
SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.
Any lands within the boundaries of a wilderness area designated
under this Act which are acquired by the Federal Government, shall
become part of the wilderness area within which they are located and
shall be managed in accordance with all the provisions of this Act and
other laws applicable to such wilderness area.
SEC. 705. NATIVE AMERICAN USES AND INTERESTS.
(a) Access.--In recognition of the past use of the parks and
wilderness areas designed under this Act by Indian people for
traditional cultural and religious purposes, the Secretary shall ensure
access to such parks and wilderness areas by Indian people for such
traditional cultural and religious purposes. In implementing this
section, the Secretary, upon the request of an Indian tribe or Indian
religious community, shall temporarily close to the general public use
of one or more specific portions of park or wilderness in order to
protect the privacy of traditional cultural and religious activities in
such areas by Indian people. Any such closure shall be made to affect
the smallest practicable area for the minimum period necessary for such
purposes. Such access shall be consistent with the purpose and intent
of Public Law 95-341 (42 U.S.C. 1996) commonly referred to as the
``American Indian Religious Freedom Act'', and with respect to areas
designated as wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131).
(b) Cook Inlet Regional Corporation.--Section 12 of the Act of
January 2, 1976 (Public Law 94-204; 38 U.S.C. 1611 note), as amended,
is further amended--
(1) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) The Native landowner shall be required to determine the fair
value of subsurface interests conveyed to it pursuant to subsection (b)
utilizing the appraisal methodology customarily used by the Minerals
Management Service for valuing similar interests (such as discounted
cash flow based methodology). The fair value of any subsurface
interests in land determined by a qualified independent appraiser
designated by the Region utilizing the methodology described above
shall be binding for all purposes, except for Federal tax matters, and
provided that this exception shall create no inference about the
appropriate methodology for establishing fair value in such matters.'';
and
(3) in paragraph (9) of subsection (b), by striking
``section 12(h)'' and inserting in lieu thereof ``section
12(i)''.
(c) Study.--
(1) In general.--The Secretary, in consultation with the
Timbisha Shoshone Tribe and relevant Federal agencies, shall
conduct a study, subject to the availability of appropriations,
to identify lands suitable for a reservation for the Timbisha
Shoshone Tribe that are located within the Tribe's aboriginal
homeland area within and outside the boundaries of the Death
Valley National Monument and the Death Valley National Park, as
described in title III of the California Desert Protection Act
of 1993.
(2) Report.--Not later than 1 year after the date of
enactment of the California Desert Protection Act of 1993, the
Secretary shall submit a report to the Committee on Energy and
Natural Resources and the Committee on Indian Affairs of the
Senate, and the Committee on Natural Resources of the House of
Representatives on the results of the study conducted under
paragraph (1).
SEC. 706. FEDERAL RESERVE WATER RIGHTS.
(a) Except as otherwise provided in section 204, with respect to
each wilderness area designated by this Act, Congress hereby reserves a
quantity of water sufficient to fulfill the purposes of this Act. The
priority date of such reserved water rights shall be the date of
enactment of this Act.
(b) The Secretary and all other officers of the United States shall
take all steps necessary to protect the rights reserved by this
section, including the filing by the Secretary of a claim for the
quantification of such rights in any present or future appropriate
stream adjudication in the courts of the State of California in which
the United States is or may be joined in accordance with section 208 of
the Act of July 10, 1952 (66 Stat. 560, 44 U.S.C. 666), commonly
referred to as the McCarran Amendment.
(c) Nothing in this Act shall be construed as a relinquishment or
reduction of any water rights reserved or appropriated by the United
States in the State of California on or before the date of enactment of
this Act.
(d) The Federal water rights reserved by this Act are specific to
the wilderness area located in the State of California designated under
this Act. Nothing in this Act related to the reserved Federal water
rights shall be construed as establishing a precedent with regard to
any future designations, nor shall it constitute an interpretation of
any other Act or any designation made thereto.
SEC. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) Negotiations to Exchange.--Upon request of the California State
Lands Commission (hereinafter in this section referred to as the
``Commission''), the Secretary shall enter into negotiations for an
agreement to exchange Federal lands or interests therein on the list
referred to in subsection (b) (2) for California State School lands or
interests therein which are located within the boundaries of one or
more of the wilderness areas or park units designated by this Act
(hereinafter in this section referred to as ``State School lands.'').
The Secretary shall negotiate in good faith to reach a land exchange
agreement consistent with the requirements of section 206 of the
Federal Land Policy and Management Act of 1976.
(b) Preparation of List.--Within six months after the date of
enactment of this Act, the Secretary shall send to the Commission and
to the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United States
House of Representatives a list of the following:
(1) State School lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands within the State of California under the
jurisdiction of the Secretary that the Secretary determines to
be suitable for disposal for exchange, identified in the
following priority--
(A) lands with mineral interests, including
geothermal, which have the potential for commercial
development but which are not currently under mineral
lease or producing Federal mineral revenues;
(B) Federal claims in California managed by the
Bureau of Reclamation that the Secretary determines are
not needed for any Bureau of Reclamation project; and
(C) any public lands in California that the
Secretary, pursuant to the Federal Land Policy and
Management Act of 1976, has determined to be suitable
for disposal through exchange.
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs
of the Federal Government. The Secretary may exclude, in his
discretion, lands located within, or contiguous to, the
exterior boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall
annually transmit such list to the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives until all of the State School lands identified
in paragraph (1) have been acquired.
(c) Disposal of Surplus Federal Property.--(1) Effective upon the
date of enactment of this Act and until all State School lands
identified in paragraph (b)(1) of this section are acquired, no Federal
lands or interests therein within the State of California may be
disposed of from Federal ownership unless--
(A) the Secretary is notified of the availability of such
lands or interest therein;
(B) the Secretary has notified the Commission of the
availability of such lands or interests therein for exchange;
and
(C) the Commission has not notified the Secretary within
six months that it wishes to consider entering into an exchange
for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes to
consider an exchange for such lands or interests therein, the Secretary
shall attempt to conclude such exchange in accordance with the
provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission,
then upon notice to the head of the agency having administrative
jurisdiction over such lands or interests therein, the Secretary shall
be vested with administrative jurisdiction over such lands or interests
therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon notice
by the Commission to the Secretary that it no longer has an interest in
such lands or interests therein, such lands or interests shall be
released to the agency that originally had jurisdiction over such lands
or interests for disposal in accordance with the laws otherwise
applicable to such lands or interests.
(d) No Effect on Military Base Closures.--The provisions of this
section shall not apply to the disposal of property under title II of
the Defense Authorization Amendments and Base Closure and Realignment
Act (Public Law 100-526; 102 Stat. 2627; 10 U.S.C. 2687 note) or the
Defense Base Closure and Realignment Act of 1990 (Public Law 101-510;
104 Stat. 1808; 10 U.S.C. 2687 note).
SEC. 708. ACCESS TO PRIVATE PROPERTY.
The Secretary shall provide adequate access to nonfederally owned
land or interests in land within the boundaries of the conservation
units and wilderness areas designated by this Act which will provide
the owner of such land or interest the reasonable use and enjoyment
thereof.
SEC. 709. FEDERAL FACILITIES FEE EQUITY.
(a) Policy Statement.--It is the intent of Congress that entrance,
tourism or recreational use fees for use of Federal lands and
facilities not discriminate against any State or any region of the
country.
(b) Fee Study.--The Secretary of the Interior, in cooperation with
other affected agencies, shall prepare and submit a report to the
appropriate committees of the House of Representatives and the Senate
Committee on Energy and Natural Resources of the United States Senate
and any other relevant committees by May 1, 1996, which shall--
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for
entrance, recreational or tourism use, if any, on Federal lands
or facilities in a State or region, individually and
collectively.
(c) Recommendations.--Following completion of the report in
subsection (b), the Secretary of the Interior, in cooperation with
other affected agencies, shall prepare and submit a report to the
appropriate committees of the House and the Energy and Natural Resource
Committee of the United States Senate and any other relevant committees
by May 1, 1997, which shall contain recommendations which the Secretary
deems appropriate for implementing the congressional intent outlined in
subsection (a).
TITLE VIII--MILITARY LANDS AND OVERFLIGHTS
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the ``California
Military Lands Withdrawal and Overflights Act of 1994''.
(b) Findings.--The Congress finds that--
(1) military aircraft testing and training activities as
well as demilitarization activities in California are an
important part of the national defense system of the United
States, and are essential in order to secure for the American
people of this and future generations an enduring and viable
national defense system;
(2) the National Parks and wilderness areas designated by
this Act lie within a region critical to providing training,
research, and development for the Armed Forces of the United
States and its allies;
(3) there is a lack of alternative sites available for
these military training, testing, and research activities;
(4) continued use of the lands and airspace in the
California desert region is essential for military purposes;
and
(5) contination of these military activities, under
appropriate terms and conditions, is not incompatible with the
protection and proper management of the natural, environmental,
cultural, and other resources and values of the Federal lands
in the California desert area.
SEC. 802. MILITARY OVERFLIGHTS.
(a) Overflights.--Nothing in this Act, the Wilderness Act, or other
land management laws generally applicable to the new units of the
National Park or Wilderness Preservation Systems (or any additions to
existing units) designated by this Act, shall restrict or preclude low-
level overflights of military aircraft over such units, including
military overflights that can be seen or heard within such units.
(b) Special Airspace.--Nothing in this Act, the Wilderness Act, or
other land management laws generally applicable to the new units of the
National Park or Wilderness Preservation Systems (or any additions to
existing units) designated by this Act, shall restrict or preclude the
designation of new units of special airspace or the use or
establishment of military flight training routes over such new park or
wilderness units.
(c) No Effect on Other Laws.--Nothing in this section shall be
construed to modify, expand, or diminish any authority under other
Federal law.
SEC. 803. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and except as
otherwise provided in this title, the Federal lands referred to in
paragraph (2), and all other areas within the boundary of such lands as
depicted on the map specified in such paragraph which may become
subject to the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing laws). Such lands are reserved
for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support;
(D) geothermal leasing and development and related power
production activities; and
(E) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
located within the boundaries of the China Lake Naval Weapons Center,
comprising approximately one million one hundred thousand acres in
Inyo, Kern, and San Bernardino Counties, California, as generally
depicted on a map entitled ``China Lake Naval Weapons Center
Withdrawal--Proposed'', dated January 1985.
(b) Chocolate Mountain.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands referred
to in paragraph (2), and all other areas within the boundary of such
lands as depicted on the map specified in such paragraph which may
become subject to the operation of the public land laws, are hereby
withdrawn from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the geothermal
leasing laws). Such lands are reserved for use by the Secretary of the
Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
comprising approximately two hundred twenty-six thousand seven hundred
and eleven acres in Imperial County, California, as generally depicted
on a map entitled ``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993.
SEC. 804. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as practicable
after the date of enactment of this title, the Secretary shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if they were included in this title
except that the Secretary may correct clerical and typographical errors
in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
appropriate offices of the Bureau of Land Management; the office of the
commander of the Naval Weapons Center, China Lake, California; the
office of the commanding officer, Marine Corps Air Station, Yuma,
Arizona; and the Office of the Secretary of Defense, Washington,
District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary for the cost of implementing this section.
SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1) Except as
provided in subsection (g), during the period of the withdrawal the
Secretary shall manage the lands withdrawn under section 802 of this
title pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and other applicable law, including this
title.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 802 may be managed in a
manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders were permitted on the date of enactment of
this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions and
restrictions as may be necessary to permit the military use of such
lands for the purposes specified in or authorized pursuant to this
title.
(B) The Secretary may issue any lease, easement, right-of-way, or
other authorization with respect to the nonmilitary use of such lands
only with the concurrence of the Secretary of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy determines
that military operations, public safety, or national security require
the closure to public use of any road, trail, or other portion of the
lands withdrawn by this title, the Secretary may take such action as
the Secretary determines necessary or desirable to effect and maintain
such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the Navy determines are required to
carry out this subsection.
(3) Before and during any closure under this subsection, the
Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary (after consultation with the
Secretary of the Navy) shall develop a plan for the management of each
area withdrawn under section 802 of this title during the period of
such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall take
necessary precautions to prevent and suppress brush and range fires
occurring within and outside the lands withdrawn under section 802 as a
result of military activities and may seek assistance from the Bureau
of Land Management in the suppression of such fires. The memorandum of
understanding required by subsection (e) shall provide for Bureau of
Land Management assistance in the suppression of such fires, and for a
transfer of funds from the Department of the Navy to the Bureau of Land
Management as compensation for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary and the
Secretary of the Navy shall (with respect to each land withdrawal under
section 802 of this title) enter into a memorandum of understanding to
implement the management plan developed under subsection (c). Any such
memorandum of understanding shall provide that the Director of the
Bureau of Land Management shall provide assistance in the suppression
of fires resulting from the military use of lands withdrawn under
section 802 if requested by the Secretary of the Navy.
(2) The duration of any such memorandum shall be the same as the
period of the withdrawal of the lands under section 802.
(f) Additional Military Uses.--Lands withdrawn under section 802 of
this title may be used for defense-related uses other than those
specified in such section. The Secretary of Defense shall promptly
notify the Secretary in the event that the lands withdrawn by this
title will be used for defense-related purposes other than those
specified in section 802. Such notification shall indicate the
additional use or uses involved, the proposed duration of such uses,
and the extent to which such additional military uses of the withdrawn
lands will require that additional or more stringent conditions or
restrictions be imposed on otherwise-permitted nonmilitary uses of the
withdrawn land or portions thereof.
(g) Management of China Lake.--(1) The Secretary may assign the
management responsibility for the lands withdrawn under section 802(a)
to the Secretary of the Navy who shall manage such lands, and issue
leases, easements, rights-of-way, and other authorizations, in
accordance with this title and cooperative management arrangements
between the Secretary and the Secretary of the Navy: Provided, That
nothing in this subsection shall affect geothermal leases issued by the
Secretary prior to the date of enactment of this title, or the
responsibility of the Secretary to administer and manage such leases,
consistent with the provisions of this section. In the case that the
Secretary assigns such management responsibility to the Secretary of
the Navy before the development of the management plan under subsection
(c), the Secretary of the Navy (after consultation with the Secretary)
shall develop such management plan.
(2) The Secretary shall be responsible for the issuance of any
lease, easement, right-of-way, and other authorization with respect to
any activity which involves both the lands withdrawn under section
802(a) and any other lands. Any such authorization shall be issued only
with the consent of the Secretary of the Navy and, to the extent that
such activity involves lands withdrawn under section 802(a), shall be
subject to such conditions as the Secretary of the Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to the
Secretary an annual report on the status of the natural and cultural
resources and values of the lands withdrawn under section 802(a). The
Secretary shall transmit such report to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands withdrawn
under section 802(a) and may utilize helicopters and motorized vehicles
for such purposes. Such management shall be in accordance with laws
applicable to such management on public lands and with an appropriate
memorandum of understanding between the Secretary and the Secretary of
the Navy.
(5) Neither this title nor any other provision of law shall be
construed to prohibit the Secretary from issuing and administering any
lease for the development and utilization of geothermal steam and
associated geothermal resources on the lands withdrawn under section
802(a) pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.) and other applicable law, but no such lease shall be issued
without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section 2689
of title 10, United States Code, except that the Secretary of the Navy
shall obtain the concurrence of the Secretary before taking action
under that section with respect to the lands withdrawn under section
802(a).
(7) Upon the expiration of the withdrawal or relinquishment of
China Lake, Navy contracts for the development of geothermal resources
at China Lake then in effect (as amended or renewed by the Navy after
the date of enactment of this title) shall remain in effect: Provided,
That the Secretary, with the consent of the Secretary of the Navy, may
offer to substitute a standard geothermal lease for any such contract.
SEC. 806. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawals and reservations established by this
title shall terminate twenty-five years after the date of enactment of
this title.
(b) Draft Environmental Impact Statement.--No later than twenty-two
years after the date of enactment of this title, the Secretary of the
Navy shall publish a draft environmental impact statement concerning
continued or renewed withdrawal of any portion of the lands withdrawn
by this title for which that Secretary intends to seek such continued
or renewed withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such a draft
environmental impact statement. Prior to the termination date specified
in subsection (a), the Secretary of the Navy shall hold a public
hearing on any draft environmental impact statement published pursuant
to this section. Such hearing shall be held in the State of California
in order to receive public comments on the alternatives and other
matters included in such draft environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by this
title may not be extended or renewed except by an Act or joint
resolution of Congress.
SEC. 807. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals made by
this title, the Secretary of the Navy, to the extent funds are made
available, shall maintain a program of decontamination of lands
withdrawn by this title at least at the level of decontamination
activities performed on such lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits to the
Congress the President's proposed budget for the first fiscal year
beginning after the date of enactment of this title and for each
subsequent fiscal year, the Secretary of the Navy shall transmit to the
Committees on Appropriations, Armed Services, and Energy and Natural
Resources of the United States Senate and to the Committees on
Appropriations, Armed Services, and Natural Resources of the United
States House of Representatives a description of the decontamination
efforts undertaken during the previous fiscal year on such lands and
the decontamination activities proposed for such lands during the next
fiscal year including--
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full contamination of such
lands and the estimate of the time to complete such
decontamination.
SEC. 808. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior to the
termination of the withdrawal and reservation established by this
title, the Secretary of the Navy shall advise the Secretary as to
whether or not the Secretary of the Navy will have a continuing
military need for any of the lands withdrawn under section 802 after
the termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will be a
continuing military need for any of such lands after the termination
date, the Secretary of the Navy shall file an application for extension
of the withdrawal and reservation of such needed lands in accordance
with the regulations and procedures of the Department of the Interior
applicable to the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the Navy decides to relinquish all or any of the lands
withdrawn and reserved by this title, the Secretary of the Navy shall
file a notice of intention to relinquish with the Secretary.
(b) Contamination.--(1) Before transmitting a notice of intention
to relinquish pursuant to subsection (a), the Secretary of Defense,
acting through the Department of the Navy, shall prepare a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of such determination shall be transmitted with the
notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and the
determination concerning the contaminated state of the lands shall be
published in the Federal Register by the Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is contaminated,
and the Secretary, in consultation with the Secretary of the Navy,
determines that decontamination is practicable and economically
feasible (taking into consideration the potential future use and value
of the land) and that upon decontamination, the land could be opened to
operation of some or all of the public land laws, including the mining
laws, the Secretary of the Navy shall decontaminate the land to the
extent that funds are appropriated for such purpose.
(d) Alternatives.--If the Secretary, after consultation with the
Secretary of the Navy, concludes that decontamination of any land which
is the subject of a notice of intention to relinquish pursuant to
subsection (a) is not practicable or economically feasible, or that the
land cannot be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the decontamination of
such land, the Secretary shall not be required to accept the land
proposed for relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary declines to accept jurisdiction over
lands withdrawn by this title which have been proposed for
relinquishment, or if at the expiration of the withdrawal made by this
title the Secretary determines that some of the lands withdrawn by this
title are contaminated to an extent which prevents opening such
contaminated lands to operation of the public land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands and
any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands except
in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
and to the Congress concerning the status of such lands and all
actions taken in furtherance of this subsection.
(f) Revocation Authority.--Notwithstanding any other provision of
law, the Secretary, upon deciding that it is in the public interest to
accept jurisdiction over lands proposed for relinquishment pursuant to
subsection (a), is authorized to revoke the withdrawal and reservation
established by this title as it applies to such lands. Should the
decision be made to revoke the withdrawal and reservation, the
Secretary shall publish in the Federal Register an appropriate order
which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands law, including
the mining laws.
SEC. 809. DELEGABILITY.
(a) Department of Defense.--The functions of the Secretary of
Defense or the Secretary of the Navy under this title may be delegated.
(b) Department of the Interior.--The functions of the Secretary
under this title may be delegated, except that an order described in
section 807(f) may be approved and signed only by the Secretary, the
Under Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 810. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this
title shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code.
SEC. 811. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injury or damage to
persons or property suffered in the course of any geothermal leasing or
other authorized nonmilitary activity conducted on lands described in
section 802 of this title.
SEC. 812. EL CENTRO RANGES.
The Secretary is authorized to permit the Secretary of the Navy to
use until January 1, 1997, the approximately forty-four thousand eight
hundred and seventy acres of public lands in Imperial County,
California, known as the East Mesa and West Mesa ranges, in accordance
with the Memorandum of Understanding dated June 29, 1987, between the
Bureau of Land Management, the Bureau of Reclamation, and the
Department of the Navy. All military uses of such lands shall cease on
January 1, 1997, unless authorized by a subsequent Act of Congress.
TITLE IX--INITIATIVES PERTAINING TO THE LOWER MISSISSIPPI DELTA REGION
SEC. 901. FINDINGS.
(a) The Congress finds that--
(1) in 1988, Congress enacted Public Law 100-460,
establishing the Lower Mississippi Delta Development
Commission, to assess the needs, problems, and opportunities of
people living in the Lower Mississippi Delta Region that
includes 219 counties and parishes within the States of
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri,
and Tennessee;
(2) the Commission conducted a thorough investigation to
assess these needs, problems, and opportunities, and held
several public hearings throughout the Delta Region;
(3) on the basis of these investigations, the Commission
issued the Delta Initiatives Report, which included
recommendations on natural resource protection, historic
preservation, and the enhancement of educational and other
opportunities for Delta residents;
(4) the Delta Initiatives Report recommended--
(A) designating the Great River Road as a scenic
byway, and designating other hiking and motorized
trails throughout the Delta Region;
(B) that the Federal Government identify sites and
structures of historic and prehistoric importance
throughout the Delta Region;
(C) the further study of potential new units of the
National Park System within the Delta Region; and
(D) that Federal agencies target more monies in
selected areas to institutions of higher education in
the Delta Region, especially Historically Black
Colleges and Universities.
SEC. 902. DEFINITIONS.
As used in this title, the term--
(1) ``Commission'' means the Lower Mississippi Delta
Development Commission established pursuant to Public Law 100-
460;
(2) ``Delta Initiatives Report'' means the May 14, 1990
Final Report of the Commission entitled ``The Delta
Initiatives: Realizing the Dream . . . Fulfilling the
Potential'';
(3) ``Delta Region'' means the Lower Mississippi Delta
Region including the 219 counties and parishes within the
States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee, as defined in the Delta Initiatives
Report, except that, for any State for which the Delta Region
as defined in such report comprises more than half of the
geographic area of such State, the entire State shall be
considered part of the Delta Region for purposes of this title;
(4) ``Historically Black College or University'' means a
college or university that would be considered a ``part B
institution'' by section 322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)); and
(5) ``minority college or university'' means a Historically
Black College or University that would be considered a ``part B
institution'' by section 322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)) or a ``minority institution'' as that
term is defined in section 1046 of the Higher Education Act of
1965 (20 U.S.C. 1135d-5(3)).
SEC. 903. DEFINITIONS.
As used in this title, the term--
(1) ``Department'' means the United States Department of
the Interior, unless otherwise specifically stated; and
(2) ``Secretary'' means the Secretary of the Interior,
unless otherwise specifically stated.
SEC. 904. NATURAL RESOURCES AND ENVIRONMENTAL EDUCATIONAL INITIATIVES.
(a) Office of Education.--(1) There shall be established within the
Department an Office of Education to encourage, support, and coordinate
education programs of the Department at the elementary, secondary,
college and university, and graduate levels.
(2) The goals of the Office of Education shall be to--
(A) enhance the quality of education in the areas of
natural resources, the environment, the sciences, cultural
resource management, historic preservation, archeology,
aquaculture, and related subjects;
(B) establish initiatives at minority colleges or
universities;
(C) encourage the consideration of careers in the areas of
natural resources, the environment, the sciences, cultural
resource management, historic preservation, archeology,
aquaculture, and related subjects;
(D) enhance teacher development and recruitment;
(E) increase research opportunities for teachers and
students;
(F) enhance curriculum development; and
(G) improve laboratory instrumentation and equipment
through purchase, loan, or other transfer mechanisms.
(b) Duties.--The duties of the Secretary, through the Office of
Education, shall be to--
(1) coordinate the educational programs within the
Department, including implementation of programs established
under this title, in order to ensure the goals of the Office of
Education are met; and
(2) inventory existing education programs within the
Department.
(c) The Secretary shall report to Congress, within one year after
the date of the enactment of this Act and annually thereafter, on an
inventory of existing education programs of the Department, the status
of such programs, and progress toward meeting the goals of the Office
of Education as established in this Act.
(d) Minority College and University Initiative.--(1) Within one
year after the date of the enactment of this Act, and annually
thereafter, the Secretary, through the Office of Education, shall
submit to the Committee on Energy and Natural Resources of the United
States Senate and to the United States House of Representatives a
report identifying opportunities for minority colleges or universities
to participate in programs and activities carried out by the
Department. The Secretary, through the Office of Education, shall
consult with representatives of minority colleges or universities in
preparing the report. Such report shall--
(A) describe ongoing education and training programs
carried out by the Department with respect to, or in
conjunction with, minority colleges or universities in the
areas of natural resources, the environment, the sciences,
cultural resource management, historic preservation,
archeology, aquaculture, and related subjects;
(B) describe ongoing research, development or demonstration
programs involving the Department and minority colleges or
universities;
(C) describe funding levels for the programs referred to in
subparagraphs (A) and (B);
(D) include specific proposals and recommendations for
providing assistance to minority colleges and universities to
enter into memoranda of understanding and other appropriate
forms of agreement with the Department in order to plan and
develop programs to foster greater involvement of these schools
in the contract, research, education, training, and recruitment
activities of the Department;
(E) address the need for, and potential role of, the
Department in providing minority colleges or universities with
the following--
(i) increased research opportunities for facility
and students;
(ii) assistance in faculty development and
recruitment;
(iii) curriculum enhancement and development; and
(iv) improved laboratory instrumentation and
equipment, through purchase, loan, or other transfer
mechanisms;
(F) address the need for, and potential role of, the
Department in providing financial and technical assistance for
the development of infrastructure facilities, including
buildings and laboratory facilities, at minority colleges or
universities; and
(G) include specific proposals and recommendations,
together with estimates of necessary funding levels, for
initiatives to be carried out by the Department in order to
assist minority colleges or universities in providing education
and training in the areas of natural resources, the
environment, the sciences, cultural resource management,
historic preservation, archeology, aquaculture, and related
subjects.
(2) The Secretary, through the Office of Education, shall encourage
memoranda of understanding and other appropriate forms of agreement
between the Department and minority colleges or universities directed
at jointly planning and developing programs to foster greater
involvement of minority colleges or universities in the research,
education, training, and recruitment activities of the Department.
(e) Scholarship Program.--The Secretary, through the Office of
Education, shall establish a scholarship program for students pursuing
undergraduate or graduate degrees in natural resource and environmental
related fields including, but not limited to: biology, wildlife
biology, forestry, botany, horticulture, historic preservation,
cultural resource management, archeology, anthropology, aquaculture,
geology, engineering, the environment, the sciences, and ecology at
minority colleges and universities in the Delta Region. The scholarship
program shall include tuition assistance. Recipients of such
scholarships shall be students deemed by the Secretary to have
demonstrated (1) a need for such assistance; and (2) academic potential
in the particular area of study.
(f) Pre-College Education.--The Secretary, through the Office of
Education, shall undertake activities to encourage pre-college
education programs in subjects relating to natural resources, the
environment, the sciences, cultural resource management, historic
preservation, archeology, aquaculture, and related subjects, for
students in the Delta Region. Such activities shall include, but not be
limited to, the following--
(1) cooperation with, and assistance to, State departments
of education and local school districts in the Delta Region to
develop and carry out after school and summer education
programs for elementary, middle, and secondary school students;
(2) cooperation with, and assistance to, institutions of
higher education in the Delta Region to develop and carry out
pre-college education programs for elementary, middle, and
secondary school students;
(3) cooperation with, and assistance to, State departments
of education and local school districts in the Delta Region in
the development and use of curriculum and educational
materials; and
(4) the establishment of education programs for elementary,
middle, and secondary school teachers in the Delta Region at
research facilities of the Department.
(g) Volunteer Program.--The Secretary, through the Office of
Education, shall establish and carry out a program to encourage the
involvement on a voluntary basis of qualified employees of the
Department in educational enrichment programs relating to natural
resources, the environment, the sciences, cultural resource management,
historic preservation, archeology, aquaculture, and related subjects,
in cooperation with State departments of education and local school
districts in the Delta Region.
(h) Women and Minorities in the Sciences.--The Secretary, through
the Office of Education, shall establish a Center for Excellence in the
Sciences at Alcorn State in Lorman, Mississippi, in cooperation with
Southern University in Baton Rouge, Louisiana, and the University of
Arkansas at Pine Bluff, Arkansas, and other minority colleges or
universities for purposes of encouraging women and minority students in
the Delta Region to study and pursue careers in the sciences. The
Center shall enter into cooperative agreements with Southern University
in Baton Rouge, Louisiana, and the University of Arkansas at Pine
Bluff, Arkansas, and other minority colleges and universities in the
Delta Region, to carry out affiliated programs and coordinate program
activities at such colleges and universities. The Secretary is
authorized to provide grants and other forms of financial assistance to
the Center.
(i) Center for Aquaculture Studies.--The Secretary, through the
Office of Education, shall establish a Center for Aquaculture Studies
at the University of Arkansas at Pine Bluff, Arkansas, in cooperation
with Southern University in Baton Rouge, Louisiana, and Alcorn State in
Lorman, Mississippi, and other minority colleges or universities for
purposes of encouraging women and minority students in the Delta Region
to study and pursue careers in the field of aquaculture. The Center
shall enter into cooperative agreements with Southern University in
Baton Rouge, Louisiana, and Alcorn State in Lorman, Mississippi, and
other minority colleges or universities in the Delta Region to carry
out affiliated programs and coordinate program activities at such
colleges or universities.
(j) Coordination With Other Federal Agencies.--The Secretary,
through the Office of Education, shall ensure that the programs
authorized in this section are coordinated with, and complimentary to,
educational assistance programs administered by other Federal agencies.
These agencies include, but are not limited to, the Department of
Energy, the Department of Agriculture, the Department of Education, the
Department of Defense, the National Science Foundation, and the
National Aeronautics and Space Administration.
SEC. 905. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.
(a) In General.--The Secretary, in consultation with the States of
the Delta Region, the Lower Mississippi Delta Development Center, and
other appropriate Delta Region institutions, is directed to prepare and
transmit to the Congress within three years after the date of the
enactment of this Act, a study of significant natural, recreational,
historical or prehistorical, and cultural lands, waters, sites, and
structures located within the Delta Region. This study shall take into
consideration the research and inventory of resources conducted by the
Mississippi River Heritage Corridor Study Commission.
(b) Transportation Routes.--(1) The study shall include
recommendations on appropriate designation and interpretation of
historically significant roads, trails, byways, waterways, or other
routes within the Delta Region.
(2) In order to provide for public appreciation, education,
understanding, interpretation, and enjoyment of the significant sites
identified pursuant to subsection (a), which are accessible by public
roads, the Secretary shall recommend in the study vehicular tour routes
along existing public roads linking such sites within the Delta Region.
(3) Such recommendations shall include an analysis of designating
the Great River Road (as depicted on the map entitled ``Proposed Delta
Transportation Network'' on pages 102-103 of the Delta Initiatives
Report) and other sections of the Great River Road between Baton Rouge
and New Orleans, Louisiana and an analysis of designating that portion
of the Old Antonio Road and the Louisiana Natchez Trace which extends
generally along Highway 84 from Vidalia, Louisiana, to Clarence,
Louisiana, and Louisiana Highway 6 from Clarence, Louisiana, to the
Toledo Bend Reservoir, Louisiana, as a National Scenic Byway, or as a
component of the National Trails System, or such other designation as
the Secretary deems appropriate.
(4) The Secretary shall also recommend in the study an appropriate
route along existing public roads to commemorate the importance of
timber production and trade to the economic development of the Delta
Region in the early twentieth century, and to highlight the continuing
importance of timber production and trade to the economic life of the
Delta Region. Recommendations shall include an analysis of designating
that portion of US 165 which extends from Alexandria, Louisiana, to
Monroe, Louisiana, as a National Scenic Byway, or as a component of the
National Trails System, or such other designation as the Secretary
deems appropriate.
(5) The study shall also include a comprehensive recreation,
interpretive, and visitor use plan for the routes described in the
above paragraphs, including bicycle and hiking paths, and make specific
recommendations for the acquisition and construction or related
interpretive and visitor information facilities at selected sites along
such routes.
(6) The Secretary is authorized to make grants to States for work
necessary to stabilize, maintain, and widen public roads to allow for
adequate access to the nationally significant sites and structures
identified by the study, to allow for proper use of the vehicular tour
route, trails, byways, including the routes defined in paragraphs (3)
and (4) or other public roads within the Delta Region and to implement
the comprehensive recreation, interpretive, and visitor use plan
required in paragraph (5).
(c) Listing.--On the basis of the study, and in consultation with
the National Trust for Historic Preservation, the Secretary shall
inventory significant structures and sites in the Delta Region. The
Secretary shall further recommend and encourage cooperative
preservation and economic development efforts such as the establishment
of preservation districts linking groups of contiguous counties or
parishes, especially those that lie along the aforementioned designated
routes. The Secretary shall prepare a list of the sites and structures
for possible inclusion by the National Park Service as National
Historic Landmarks or such other designation as the Secretary deems
appropriate.
SEC. 906. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND CULTURAL
CENTERS.
(a) Findings.--The Congress finds that--
(1) in 1990, the Congress authorized the Institute of
Museum Services to prepare a report assessing the needs of
small, emerging, minority, and rural museums in order to
identify the resources such museums needed to meet their
educational mission, to identify the areas of museum operation
in which the needs were greatest, and to make recommendations
on how these needs could best be met;
(2) the Institute of Museum Services undertook a
comprehensive eighteen month study of such needs with the
assistance of two advisory groups, surveyed 524 museums from
throughout the Nation, held discussion groups in which
representatives of 25 museum groups participated, and conducted
case studies of 12 museum facilities around the Nation;
(3) on the basis of this assessment, the Institute of
Museum Services issued a report in September, 1992, entitled,
``National Needs Assessment of Small, Emerging, Minority and
Rural Museums in the United States'' (hereinafter ``National
Needs Assessment'') which found that small, emerging, minority,
and rural museums provide valuable educational and cultural
resources for their communities and contain a reservoir of the
Nation's material, cultural and historical heritage, but due to
inadequate resources are unable to meet their full potential or
the demands of the surrounding communities;
(4) the needs of these institutions are not being met
through existing Federal programs;
(5) fewer than half of the participants in the survey had
applied for Federal assistance in the past two years and that
many small, emerging, minority and rural museums believe
existing Federal programs do not meet their needs;
(6) based on the National Needs Assessment, that funding
agencies should increase support available to small, emerging,
minority, and rural museums and make specific recommendations
for increasing technical assistance in order to identify such
institutions and provide assistance to facilitate their
participation in Federal programs;
(7) the Delta Initiatives Report made specific
recommendations for the creation and development of centers for
the preservation of the cultural, historical, and literary
heritage of the Delta Region, including recommendations for the
establishment of a Delta Region Native American Heritage and
Cultural Center and a Delta Region African American Heritage
and Cultural Center with additional satellite centers or
museums linked throughout the Delta Region;
(8) the Delta Initiatives Report stated that new ways of
coordinating, preserving, and promoting the Delta Region's
literature, art, and music should be established including the
creation of a network to promote the Delta Region's literary,
artistic, and musical heritage; and
(9) wholesale destruction and attrition of archeological
sites and structures has eliminated a significant portion of
Native American heritage as well as the interpretive potential
of the Delta Region's parks and museums. Furthermore, site and
structure destruction is so severe that an ambitious program of
site and structure acquisition in the Delta Region is
necessary.
(b) General.--The Secretary, in consultation with the States of the
Delta Region, the Chairman of the National Endowment for the Arts, the
Chairman of the National Endowment for the Humanities, the Director of
the Smithsonian Institution, the Lower Mississippi Delta Development
Center, Historically Black Colleges and Universities, and appropriate
African American, Native American and other relevant institutions or
organizations in the Delta Region, is further directed to prepare and
transmit to the Congress a plan outlining specific recommendations,
including recommendations for necessary funding, for the establishment
of a Delta Region Native American Heritage Corridor and Heritage and
Cultural Center and a Delta Region African American Heritage Corridor
and Heritage and Cultural Center with a network of satellite or
cooperative units.
(c) Delta Region Native American Heritage Corridor and Cultural
Center.--(1) The plan referred to in subsection (b) of this section
shall include recommendations for establishing a network of parks,
museums, and other centers to interpret Native American culture and
heritage in the Delta Region, including a ten year development strategy
for such a network.
(2) Such plan shall include specific proposals for the development
of a Native American Heritage Corridor and Heritage and Cultural Center
in the Delta Region, along with recommendations for the appropriate
Federal role in such a center including matching grants, technical and
interpretive assistance.
(3) Such plan shall be conducted in consultation with tribal
leaders in the Delta Region.
(4) Such plan shall also include specific proposals for educational
and training assistance for Delta Region Native Americans to carry out
the recommendations provided in the study.
(d) Delta Region African American Heritage Corridor and Heritage
and Cultural Center.--(1) The plan referred to in subsection (b) of
this section shall include recommendations for establishing a heritage
corridor or trail system, consisting of one or two major north-south
routes and several east-west-spur loops to preserve, interpret and
commemorate the African American heritage and culture in the Delta
Region during all significant historical periods.
(2) Such plan shall make specific recommendations for representing
all forms of expensive culture including the musical, folklore,
literary, artistic, scientific, historical, educational, and political
contributions and accomplishments of African Americans in the Delta
Region.
(3) Such plan shall make specific recommendations for implementing
the findings of the Delta Initiatives Report with respect to
establishing an African American Heritage Corridor and Heritage and
Cultural Center and related satellite museums in the Delta Region,
together with specific funding levels necessary to carry out these
recommendations and shall also include recommendations for improving
access of small, emerging, minority or rural museums to technical and
financial assistance.
(4) Such plan shall be conducted in consultation with institutions
of higher education in the Delta Region with expertise in African
American studies, Southern studies, archeology, anthropology, history
and other relevant fields.
(5) Such plan shall make specific recommendations for improving
educational programs offered by existing cultural facilities and
museums as well as establishing new outreach programs for elementary,
middle and secondary schools, including summer programs for youth in
the Delta Region.
(e)(1) In furtherance of the purposes of this section, the
Secretary is authorized to make planning grants to State Humanities
Councils in the Delta Region to assist small, emerging, minority and
rural museums selected on a financial needs basis in the development of
a comprehensive long term plan for these institutions. The Secretary is
also authorized to make implementation grants to State Humanities
Councils in the Delta Region who, in consultations with State Museum
Associations, shall make grants to small, emerging, minority or rural
museums for the purpose of carrying out an approved plan for training
personnel, improving exhibits or other steps necessary to assure the
integrity of collections in their facilities, for educational outreach
programs, or for other activities the Secretary deems appropriate
including the promotion of tourism in the region. Such institutions
shall be selected competitively and on the basis of demonstrated
financial need. The Secretary is also authorized to make grants to
State Humanities Councils to update, simplify and coordinate the
respective State Works Progress Administration guides and to develop a
single comprehensive guide for the Delta Region.
(2) The Secretary is authorized to provide grants and other
appropriate technical assistance to State Humanities Councils, State
museum Associations, and State Arts Councils in the Delta Region for
the purpose of assessing the needs of such institutions. Such grants
may be used by these institutions to undertake such an assessment and
to provide other technical, administrative and planning assistance to
small, emerging, minority or rural institutions seeking to preserve the
Delta Region's literary, artistic, and musical heritage.
(f) Music Heritage Program.--(1) The plan referred to in subsection
(b) of this section shall include recommendations for establishing a
Music Heritage Program, with specific emphasis on the Mississippi Delta
Blues. The plan shall include specific recommendations for developing a
network of heritage sites, structures, small museums, and festivals in
the Delta Region.
(2) The plan shall include an economic strategy for the promotion
of the Delta Region's music, through the participation of musicians,
festival developers, museum operators, universities, and other relevant
individuals and organizations.
(g) Completion Date.--The plan authorized in this section shall be
completed not later than three years after the date funds are made
available for such plan.
SEC. 907. HISTORIC AND PREHISTORIC STRUCTURES AND SITES SURVEY.
(a) Assistance.--The Secretary is authorized to provide technical
and financial assistance to Historically Black Colleges and
Universities to undertake a comprehensive survey of historic and
prehistoric structures and sites located on their campuses, including
recommendations as to the inclusion of appropriate structures and sites
on the National Register of Historic Places, designation as National
Historic Landmarks, or other appropriate designation as determined by
the Secretary. The Secretary shall also make specific proposals and
recommendations, together with estimates of necessary funding levels,
for a comprehensive plan to be carried out by the Department to assist
Historically Black Colleges and Universities in the preservation and
interpretation of such sites and structures.
(b) Grants.--In furtherance of the purposes of this section, the
Secretary is authorized to provide technical and financial assistance
to Historically Black Colleges and Universities for stabilization,
preservation and interpretation of such sites and structures.
SEC. 908. DELTA ANTIQUITIES SURVEY.
(a) General.--(1) The Secretary is directed to prepare and transmit
to the Congress, in cooperation with the States of the Delta Region,
State Archaeological Surveys and Regional Archeological Centers, a
study of the feasibility of establishing a Delta Antiquities Trail or
Delta Antiquities Heritage Corridor in the Delta Region.
(2) Such study shall, to the extent practicable, use nonintrusive
methods of identifying, surveying, inventorying, and stabilizing
ancient archeological sites and structures.
(3) In undertaking this study, the Secretary is directed to enter
into cooperative agreements with the States of the Delta Region, the
State Archeological Surveys, and Regional Archeological Centers located
in Delta Region institutions of higher education for on-site activities
including surveys, inventories, and stabilization and other activities
which the Secretary deems appropriate.
(4) In addition to the over 100 known ancient archeological sites
located in the Delta Region including Watson's Brake, Frenchman's Bend,
Hedgepeth, Monte Sano, Banana Bayou, Hornsby, Parkin, Toltec, Menard-
Hodges, Eaker, Blytheville Mound, Nodena, Taylor Mounds, DeSoto Mound
and others, such study shall also employ every practical means
possible, including assistance from the National Aeronautics and Space
Administration, the Forest Service and Soil Conservation Service of the
Department of Agriculture, the Army Corps of Engineers of the
Department of Defense, and other appropriate Federal agencies, to
locate and confirm the existence of a site known as Balbansha in
southern Louisiana and a site known as Autiamque in Arkansas. The heads
of these Federal agencies shall cooperate with the Secretary as the
Secretary requires on a non-reimbursable basis.
(b) In furtherance of the purposes of this section, the Secretary
is authorized to provide technical assistance and grants to private
landowners for necessary stabilization activities of identified sites
and for preparing recommendations for designating such sites as
National Landmarks or other appropriate designations as the Secretary,
with the concurrence of the landowners, determines to be appropriate.
(c) The Secretary is authorized to enter into cooperative
agreements with the States, State Archeological Surveys, and Regional
Archeological Centers of the Delta Region to develop a ten-year plan
for the stabilization, preservation and interpretation of those sites
and structures as may be identified by the Secretary.
SEC. 909. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.
(a) Program.--The Secretary shall conduct a comprehensive program
for the research, interpretation, and preservation of significant
historic and archeological resources in the Delta Region.
(b) Elements of the Program.--The program shall include, but not be
limited to--
(1) identification of research projects related to historic
and archeological resources in the Delta Region and a proposal
for the regular publication of related research materials and
publications;
(2) the development of a survey program to investigate,
inventory and further evaluate known historic and archeological
sites and structures and identify those sites and structures
that require additional study;
(3) identification of a core system of interpretive sites
and structures that would provide a comprehensive overview of
historic and archeological resources of the Delta Region;
(4) preparation of educational materials to interpret the
historical and archeological resources of the Delta Region;
(5) preparation of surveys and archeological and historical
investigations of sites, structures, and artifacts relating to
the Delta Region, including the preparation of reports, maps,
and other related activities.
(c) Grants and Technical Assistance.--(1) The Secretary is
authorized to award grants to qualified tribal, governmental and non-
governmental entities and individuals to assist the Secretary in
carrying out those elements of the program which the Secretary deems
appropriate.
(2) The Secretary is further authorized to award grants and provide
other types of technical and financial assistance to such entities and
individuals to conserve and protect historic and archeological sites
and structures in the Delta Region identified in the program prepared
pursuant to this section.
(d) The Secretary shall establish a national demonstration project
for the conservation and curation of the archeological records and
collections of Federal and State management agencies in the Delta
Region.
TITLE X--AUTHORIZATION OF APPROPRIATIONS
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
TITLE XI--NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
SEC. 1101. SHORT TITLE.
This title may be cited as the ``New Orleans Jazz National
Historical Park Act of 1994''.
SEC. 1102. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that:
(1) Jazz is the United States' most widely recognized
indigenous music and art form. Congress previously recognized
jazz in 1987 through Senate Concurrent Resolution 57 as a rare
and valuable national treasure of international importance.
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music that
is known as New Orleans jazz, which is an expression of the
cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the lower
Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose.--In furtherance of the need to recognize the value and
importance of jazz, it is the purpose of this title to establish a New
Orleans Jazz National Historical Park to preserve the origins, early
history, development and progression of jazz; provide visitors with
opportunities to experience the sights, sounds, and places where jazz
evolved; and implement innovative ways of establishing jazz educational
partnerships that will help to ensure that jazz continues as a vital
element of the culture of New Orleans and our Nation.
SEC. 1103. ESTABLISHMENT.
(a) In General.--In order to assist in the preservation, education,
and interpretation of jazz as it has evolved in New Orleans, and to
provide technical assistance to a broad range of organizations involved
with jazz music and its history, there is hereby established the New
Orleans Jazz National Historical Park (hereinafter referred to as the
``historical park''). The historical park shall be administered in
conjunction with the Jean Lafitte National Historical Park and
Preserve, which was established to preserve and interpret the cultural
and natural resources of the lower Mississippi Delta Region.
(b) Area Included.--The historical park shall consist of lands and
interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as ``the Secretary'') may designate for an
interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements
with the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of
this title.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months after the date of enactment
of this title, the Secretary is directed to complete a national
historic landmark evaluation of sites associated with jazz in
and around New Orleans as identified in the document entitled
``New Orleans Jazz Special Resource Study'', prepared by the
National Park Service pursuant to Public Law 101-499. In
undertaking the evaluation, the Secretary shall, to the extent
practicable, utilize existing information relating to such
sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility, and
offer outstanding opportunities to further the purposes of this
title, the Secretary may designate such sites as part of the
historical park, following consultation with the owners of such
sites, the city of New Orleans, the Smithsonian Institution,
and the New Orleans Jazz Commission, and notification to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives.
SEC. 1104. ADMINISTRATION.
(a)(1) In General.--The Secretary shall administer the historical
park in accordance with this title and with provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). The
Secretary shall manage the historical park in such a manner as will
preserve and perpetuate knowledge and understanding of the history of
jazz and its continued evolution as a true American art form.
(2) To minimize operational costs associated with the management
and administration of the historical park and to avoid duplication of
effort, the Secretary shall, to the maximum extent practicable, utilize
the facilities, administrative staff and other services of the Jean
Lafitte National Historical Park and Preserve.
(b) Donations.--The Secretary may accept and retain donations of
funds, property, or services from individuals, foundations,
corporations, or other public entities for the purposes of providing
services, programs, and facilities that further the purposes of this
title.
(c) Interpretive Center.--The Secretary is authorized to construct,
operate, and maintain an interpretive center in the historical park on
lands identified by the Secretary pursuant to section 1103(b)(1).
Programs at the center shall include, but need not be limited to, live
jazz interpretive and educational programs, and shall provide visitors
with information about jazz-related programs, performances, and
opportunities.
(d) Jazz Heritage Districts.--The Secretary may provide technical
assistance to the city of New Orleans and other appropriate entities
for the designation of certain areas in and around New Orleans as jazz
heritage districts. Such districts shall include those areas with an
exceptional concentration of jazz historical sites and established
community traditions of jazz street parades.
(e) Cooperative Agreements, Grants and Technical Assistance.--In
furtherance of the purposes of this title--
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 1107, is
authorized to enter into cooperative agreements with owners of
properties that are designated pursuant to section 1103(b)(3)
which provide outstanding educational and interpretive
opportunities relating to the evolution of jazz in New Orleans.
The Secretary may assist in rehabilitating, restoring, marking,
and interpreting and may provide technical assistance for the
preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to,
provisions that the National Park Service will have reasonable
rights of access for operational and visitor use needs, that
rehabilitation and restoration will meet the Secretary's
standards for rehabilitation of historic buildings, and that
specify the roles and responsibilities of the Secretary for
each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of
Louisiana, and other appropriate public and private
organizations under which the other parties to the agreement
may contribute to the acquisition, construction, operation, and
maintenance of the interpretive center and to the operation of
educational and interpretive programs to further the purposes
of this title; and
(3) the Secretary, in consultation with the New Orleans
Jazz Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) Jazz Educational Programs.--The Secretary shall, in the
administration of the historical park, promote a broad range of
educational activities relating to jazz and its history. The Secretary
shall cooperate with schools, universities, and organizations
supporting jazz education to develop educational programs that provide
expanded public understanding of jazz and enhanced opportunities for
public appreciation. The Secretary may assist appropriate entities in
the development of an information base including archival material,
audiovisual records, and objects that relate to the history of jazz.
SEC. 1105. ACQUISITION OF PROPERTY.
(a) General Authority.--The Secretary may acquire lands and
interests therein within the sites designated pursuant to section
1103(b)(1) and (3) by donation or purchase with donated or appropriated
funds or long term lease: Provided, That sites designated pursuant to
section 1103(b)(3) shall only be acquired with the consent of the owner
thereof.
(b) State and Local Properties.--Lands and interests in lands which
are owned by the State of Louisiana, or any political subdivision
thereof, may be acquired only by donation.
SEC. 1106. GENERAL MANAGEMENT PLAN.
Within 3 years after the date funds are made available therefor and
concurrent with the national landmark study referenced in section
1103(b)(3), the Secretary, in consultation with the New Orleans Jazz
Commission, shall prepare a general management plan for the historical
park. The plan shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to
the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities
that are proposed for inclusion within the historical park,
including a visitor center;
(4) identification of programs that the Secretary will
implement or be associated with through cooperative agreements
with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the purpose
of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative
agreements that will be used to assist in the management of
historical park facilities and programs.
SEC. 1107. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) Establishment.--To assist in implementing the purposes of this
title and the document entitled ``New Orleans Jazz Special Resource
Study'', there is established the New Orleans Jazz Commission
(hereinafter referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 17 members to be
appointed no later than 6 months after the date of enactment of this
Act. The Commission shall be appointed by the Secretary as follows:
(1) One member from recommendations submitted by the Mayor
of New Orleans.
(2) Two members who have recognized expertise in music
education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism
in the greater New Orleans area, from recommendations submitted
by local businesses.
(4) One member from recommendations submitted by the Board
of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of
historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Chairman of the National
Endowment of the Arts, who are recognized musicians with
knowledge and experience in the development of jazz in New
Orleans.
(7) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Director of the Louisiana
State Museum with recognized expertise in the interpretation of
jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or
other local associations; from recommendations submitted by the
Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent
societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans Jazz
and Heritage Foundation.
(10) One member from recommendations submitted by the
Governor of the State of Louisiana, who shall be a member of
the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from
recommendations submitted by the club.
(12) One member who is a recognized local expert on the
history, development and progression of jazz in New Orleans and
is familiar with existing archival materials from
recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National Park
Service in working with individuals, groups, and organizations
including economic and business interests in determining
programs in which the Secretary should participate through
cooperative agreement;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools,
universities, and other groups to furtherance of the purposes
of this title;
(3) in consultation and cooperation with the Secretary,
develop partnerships with city-wide organizations, and raise
and disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other
traditional groups in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and
advise on hiring brass bands and musical groups to participate
in education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor center
and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New
Orleans; and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from
individuals, foundations, corporations, or other public or
private entities and expend and use the same for the purposes
of providing services, programs, and facilities for jazz
education, or assisting in the rehabilitation and restoration
of structures identified in the national historic landmark
study referenced in section 1103(b)(3) as having outstanding
significance to the history of jazz in New Orleans.
(d) Appointment.--Members of the Commission shall be appointed for
staggered terms of 3 years, as designated by the Secretary at the time
of the initial appointment.
(e) Chairman.--The Commission shall elect a chairman from among its
members. The term of the chairman shall be for 3 years.
(f) Terms.--Any member of the Commission appointed by the Secretary
for a 3-year term may serve after the expiration of his or her term
until a successor is appointed. Any vacancy shall be filled in the same
manner in which the original appointment was made. Any member appointed
to fill a vacancy shall serve for the remainder of the term for which
the predecessor was appointed.
(g) Per Diem Expenses.--Members of the Commission shall serve
without compensation. Members shall be entitled to travel expenses
under section 5703, title 5, United States Code, when engaged in
Commission business, including per diem in lieu of subsistence in the
same manner as persons employed intermittently.
(h) Administrative Support.--The Secretary shall provide the
Commission with assistance in obtaining such personnel, equipment, and
facilities as may be needed by the Commission to carry out its duties.
(i) Annual Report.--The Commission shall submit an annual report to
the Secretary identifying its expenses and income and the entities to
which any grants or technical assistance were made during the year for
which the report is made.
SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
Passed the Senate April 13 (legislative day, April 11),
1994.
Attest:
Secretary.
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