[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4570 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4570
To provide for certain boundary adjustments and conveyances involving
public lands, to establish and improve the management of certain
heritage areas, historic areas, National Parks, wild and scenic rivers,
and national trails, to protect communities by reducing hazardous fuels
levels on public lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 1998
Mr. Hansen introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for certain boundary adjustments and conveyances involving
public lands, to establish and improve the management of certain
heritage areas, historic areas, National Parks, wild and scenic rivers,
and national trails, to protect communities by reducing hazardous fuels
levels on public lands, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus National
Parks and Public Lands Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
TITLE I--BOUNDARY ADJUSTMENTS AND RELATED CONVEYANCES
Sec. 101. Fort Davis Historic Site, Fort Davis, Texas.
Sec. 102. Abraham Lincoln Birthplace National Historic Site, Kentucky.
Sec. 103. Grand Staircase-Escalante National Monument, Utah.
Sec. 104. George Washington Birthplace National Monument, Virginia.
Sec. 105. Wasatch-Cache National Forest and Mount Naomi Wilderness,
Utah.
Sec. 106. Red Rock Canyon National Conservation Area, Nevada.
Sec. 107. Cape Cod National Seashore, Massachusetts.
Sec. 108. Hells Canyon Wilderness, Hells Canyon National Recreation
Area.
TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT
Subtitle A--Southern Nevada Public Land Management
Sec. 201. Findings and purpose.
Sec. 202. Definitions.
Sec. 203. Disposal and exchange.
Sec. 204. Acquisitions.
Sec. 205. Report.
Sec. 206. Recreation and Public Purposes Act.
Sec. 207. Support for affordable housing.
Sec. 208. Conveyance to Clark County Department of Aviation.
Subtitle B--Gallatin Land Consolidation
Sec. 211. Findings.
Sec. 212. Definitions.
Sec. 213. Gallatin land consolidation completion.
Sec. 214. Other facilitated exchanges.
Sec. 215. General provisions.
Sec. 216. Authorization of appropriations.
Subtitle C--Conveyance of Canyon Ferry Reservoir Properties
Sec. 221. Findings.
Sec. 222. Purpose.
Sec. 223. Definitions.
Sec. 224. Sale of Properties.
Sec. 225. Management of Bureau of Reclamation recreation area.
Sec. 226. Use of proceeds.
Sec. 227. Montana Fish and Wildlife Conservation Trust.
Sec. 228. Canyon Ferry-Broadwater County Trust.
Subtitle D--Conveyance of National Forest Lands for Public School
Purposes
Sec. 231. Authorization of use of National Forest lands for public
school purposes.
Subtitle E--Other Conveyances
Sec. 241. Land exchange, El Portal Administrative Site, California.
Sec. 242. Authorization to use land in Merced County, California, for
elementary school.
Sec. 243. Issuance of quitclaim deed, Steffens family property, Big
Horn County, Wyoming.
Sec. 244. Issuance of quitclaim deed, Lowe family property, Big Horn
County, Wyoming.
Sec. 245. Utah schools and lands exchange.
Sec. 246. Land exchange, Routt National Forest, Colorado.
Sec. 247. Conveyance of administrative site, Rogue River National
Forest, Oregon and California.
Sec. 248. Hart Mountain jurisdictional transfers, Oregon.
Sec. 249. Sale, lease, or exchange of Idaho school land.
Sec. 250. Transfer of jurisdiction of certain property in San Joaquin
County, California, to Bureau of Land
Management.
Sec. 251. Conveyance, Camp Owen and related parcels, Kern County,
California.
Sec. 252. Treatment of certain land acquired by exchange, Red Cliffs
Desert Reserve, Utah.
TITLE III--HERITAGE AREAS
Subtitle A--Delaware and Lehigh National Heritage Corridor of
Pennsylvania
Sec. 301. Change in name of Heritage Corridor.
Sec. 302. Purpose.
Sec. 303. Corridor Commission.
Sec. 304. Powers of Corridor Commission.
Sec. 305. Duties of Corridor Commission.
Sec. 306. Termination of Corridor Commission.
Sec. 307. Duties of other Federal entities.
Sec. 308. Authorization of appropriations.
Sec. 309. Local authority and private property.
Sec. 310. Duties of the Secretary.
Subtitle B--Automobile National Heritage Area of Michigan
Sec. 311. Findings and purposes.
Sec. 312. Definitions.
Sec. 313. Automobile National Heritage Area.
Sec. 314. Designation of partnership as management entity.
Sec. 315. Management duties of the Automobile National Heritage Area
Partnership.
Sec. 316. Duties and authorities of Federal agencies.
Sec. 317. Lack of effect on land use regulation and private property.
Sec. 318. Sunset.
Sec. 319. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 321. Blackstone River Valley National Heritage Corridor,
Massachusetts and Rhode Island.
Sec. 322. Illinois and Michigan Canal National Heritage Corridor,
Illinois.
TITLE IV--HISTORIC AREAS
Sec. 401. Battle of Midway National Memorial study.
Sec. 402. Historic lighthouse preservation.
Sec. 403. Thomas Cole National Historic Site, New York.
Sec. 404. Addition of the Paoli battlefield to the Valley Forge
National Historical Park.
Sec. 405. Casa Malpais National Historic Landmark, Arizona.
Sec. 406. Lower East Side Tenement National Historic Site, New York.
Sec. 407. Gateway Visitor Center authorization, Independence National
Historical Park.
Sec. 408. Tuskegee Airmen National Historic Site, Alabama.
Sec. 409. Little Rock Central High School National Historic Site,
Arkansas.
Sec. 410. Sand Creek Massacre National Historic Site study.
Sec. 411. Chesapeake and Ohio Canal National Historical Park
enhancement and protection.
TITLE V--SAN RAFAEL SWELL
Sec. 501. Short title.
Sec. 502. Definitions.
Subtitle A--San Rafael Swell National Heritage Area
Sec. 511. Short title; findings; purposes.
Sec. 512. Designation.
Sec. 513. Definitions.
Sec. 514. Grants, technical assistance, and other duties and
authorities of Federal agencies.
Sec. 515. Compact and heritage plan.
Sec. 516. Heritage Council.
Sec. 517. Lack of effect on land use regulation.
Sec. 518. Authorization of appropriations.
Subtitle B--San Rafael Swell National Conservation Area
Sec. 521. Definition of plan.
Sec. 522. Establishment of national conservation area.
Sec. 523. Management.
Sec. 524. Additions.
Sec. 525. Advisory Council.
Sec. 526. Relationship to other laws and administrative provisions.
Sec. 527. Communications equipment.
Subtitle C--Wilderness Areas Within Conservation Area
Sec. 531. Designation of wilderness.
Sec. 532. Administration of wilderness areas.
Sec. 533. Livestock.
Sec. 534. Wilderness release.
Subtitle D--Other Special Management Areas Within Conservation Area
Sec. 541. San Rafael Swell Desert Bighorn Sheep Management Area.
Sec. 542. Semi-primitive nonmotorized use areas.
Sec. 543. Scenic visual area of critical environmental concern.
Subtitle E--General Management Provisions
Sec. 551. Livestock grazing.
Sec. 552. Cultural and paleontological resources.
Sec. 553. Land exchanges relating to school and institutional trust
lands.
Sec. 554. Water rights.
Sec. 555. Miscellaneous.
TITLE VI--NATIONAL PARKS
Sec. 601. Provision for roads in Pictured Rocks National Lakeshore.
Sec. 602. Expansion of Arches National Park, Utah.
Sec. 603. Miccosukee Reserved Area.
Sec. 604. Cumberland Island.
Sec. 605. Studies of potential National Park System units in Hawaii.
Sec. 606. Congressional review of national monument status and
consultation.
Sec. 607. Santa Cruz Island, additional rights of use and occupancy.
Sec. 608. Acquisition of Warren Property for Morristown National
Historical Park.
Sec. 609. Amendment of Land and Water Conservation Fund Act of 1965
regarding treatment of receipts at certain
parks.
Sec. 610. Chattahoochee River National Recreation Area.
TITLE VII--REAUTHORIZATIONS
Sec. 701. Reauthorization of National Historic Preservation Act.
Sec. 702. Reauthorization of Delaware Water Gap National Recreation
Area Citizen Advisory Commission.
Sec. 703. Coastal Heritage Trail Route in New Jersey.
Sec. 704. Extension of authorization for Upper Delaware Citizens
Advisory Council.
TITLE VIII--RIVERS AND TRAILS
Sec. 801. National discovery trails.
Sec. 802. Sudbury, Assabet, and Concord Wild and Scenic Rivers.
Sec. 803. Assistance to the National Historic Trails Interpretive
Center.
TITLE IX--HAZARDOUS FUELS REDUCTION
Sec. 901. Short title.
Sec. 902. Findings and purpose.
Sec. 903. Definitions.
Subtitle A--Management of Wildland/Urban Interface Areas
Sec. 911. Identification of wildland/urban interface areas.
Sec. 912. Contracting to reduce hazardous fuels and undertake forest
management projects in wildland/urban
interface areas.
Sec. 913. Monitoring requirements.
Sec. 914. Reporting requirements.
Sec. 915. Termination of authority.
Subtitle B--Miscellaneous Provisions
Sec. 921. Regulations.
Sec. 922. Authorization of appropriations.
TITLE X--MISCELLANEOUS PROVISIONS
Sec. 1001. Authority to establish Mahatma Gandhi memorial.
Sec. 1002. Establishment of the National Cave and Karst Research
Institute in New Mexico.
Sec. 1003. Guadalupe-Hidalgo Treaty land claims.
Sec. 1004. Otay Mountain Wilderness.
Sec. 1005. Acquisition and management of Wilcox Ranch, Utah, for
wildlife habitat.
Sec. 1006. Acquisition of mineral and geothermal interests within Mount
St. Helens National Volcanic Monument.
Sec. 1007. Operation and Maintenance of Existing Dams and Weirs,
Emigrant Wilderness, Stanislaus National
Forest, California.
Sec. 1008. Demonstration resource management project, Stanislaus
National Forest, California, to enhance and
protect the Granite watershed.
Sec. 1009. East Texas blowdown-NEPA parity.
Sec. 1010. Exemption for not-for-profit entities from strict liability
for recovery of fire suppression costs.
Sec. 1011. Study of Improved Outdoor Recreational Access for Persons
with Disabilities.
Sec. 1012. Communication site.
Sec. 1013. Amendment of the Outer Continental Shelf Lands Act.
Sec. 1014. Leasing of Certain Reserved Mineral Interests.
Sec. 1015. Oil and Gas Wells in Wayne National Forest, Ohio.
Sec. 1016. Memorial to Mr. Benjamin Banneker in the District of
Columbia.
TITLE XI--AMENDMENTS AND TECHNICAL CORRECTIONS TO 1996 OMNIBUS PARKS
ACT
Sec. 1100. Reference to Omnibus Parks and Public Lands Management Act
of 1996.
Subtitle A--Technical Corrections to the Omnibus Parks Act
Sec. 1101. Presidio of San Francisco.
Sec. 1102. Colonial National Historical Park.
Sec. 1103. Merced Irrigation District.
Sec. 1104. Big Thicket National Preserve.
Sec. 1105. Kenai Natives Association land exchange.
Sec. 1106. Lamprey Wild and Scenic River.
Sec. 1107. Vancouver National Historic Reserve.
Sec. 1108. Memorial to Martin Luther King, Jr.
Sec. 1109. Advisory Council on Historic Preservation.
Sec. 1110. Great Falls Historic District, New Jersey.
Sec. 1111. New Bedford Whaling National Historical Park.
Sec. 1112. Nicodemus National Historic Site.
Sec. 1113. Unalaska.
Sec. 1114. Revolutionary War and War of 1812 historic preservation
study.
Sec. 1115. Shenandoah Valley battlefields.
Sec. 1116. Washita Battlefield.
Sec. 1117. Ski area permit rental charge.
Sec. 1118. Glacier Bay National Park.
Sec. 1119. Robert J. Lagomarsino Visitor Center.
Sec. 1120. National Park Service administrative reform.
Sec. 1121. Blackstone River Valley National Heritage Corridor.
Sec. 1122. Tallgrass Prairie National Preserve.
Sec. 1123. Recreation lakes.
Sec. 1124. Fossil forest protection.
Sec. 1125. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1126. Boston Harbor Islands National Recreation Area.
Sec. 1127. Natchez National Historical Park.
Sec. 1128. Regulation of fishing in certain waters of Alaska.
Sec. 1129. National Coal Heritage Area.
Sec. 1130. Tennessee Civil War Heritage Area.
Sec. 1131. Augusta Canal National Heritage Area.
Sec. 1132. Essex National Heritage Area.
Sec. 1133. Ohio & Erie Canal National Heritage Corridor.
Subtitle B--Other Amendments to Omnibus Parks Act
Sec. 1151. Black Revolutionary War Patriots Memorial extension.
TITLE XII--DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE
Sec. 1201. Short title.
Sec. 1202. Findings and purposes.
Sec. 1203. Definitions.
Sec. 1204. Disposition of certain lands and properties.
Sec. 1205. Revocation of withdrawals.
Sec. 1206. Transfers of jurisdiction.
Sec. 1207. Surveys.
Sec. 1208. Planning.
Sec. 1209. Appraisals.
Sec. 1210. Disposal of properties.
Sec. 1211. Valid existing rights.
Sec. 1212. Cultural resources.
Sec. 1213. Transition of services to local government control.
Sec. 1214. Authorization of appropriations.
TITLE XIII--RECLAMATION PROJECT CONVEYANCES AND MISCELLANEOUS
PROVISIONS
Subtitle A--Sly Park Dam and Reservoir, California
Sec. 1311. Short title.
Sec. 1312. Definitions.
Sec. 1313. Conveyance of project.
Sec. 1314. Relationship to existing operations.
Sec. 1315. Relationship to certain contract obligations.
Sec. 1316. Relationship to other laws.
Sec. 1317. Liability.
Subtitle B--Minidoka Project, Idaho
Sec. 1321. Short title
Sec. 1322. Definitions.
Sec. 1323. Conveyance.
Sec. 1324. Relationship to existing operations.
Sec. 1325. Relationship to certain contract obligations.
Sec. 1326. Liability.
Subtitle C--Carlsbad Irrigation Project, New Mexico
Sec. 1331. Short title.
Sec. 1332. Definitions.
Sec. 1333. Conveyance of project.
Sec. 1334. Relationship to existing operations.
Sec. 1335. Relationship to certain contract obligations.
Sec. 1336. Lease management and past revenues collected from the
acquired lands.
Sec. 1337. Water conservation practices.
Sec. 1338. Liability.
Sec. 1339. Future reclamation benefits.
Subtitle D--Palmetto Bend Project, Texas
Sec. 1341. Short title.
Sec. 1342. Definitions.
Sec. 1343. Conveyance of project.
Sec. 1344. Relationship to existing operations.
Sec. 1345. Relationship to certain contract obligations.
Sec. 1346. Relationship to other laws.
Sec. 1347. Liability.
Subtitle E--Wellton-Mohawk Division, Gila Project, Arizona
Sec. 1351. Short title.
Sec. 1352. Definitions.
Sec. 1353. Conveyance of project.
Sec. 1354. Relationship to existing operations.
Sec. 1355. Liability.
Sec. 1356. Lands transfer.
Sec. 1357. Water and power contracts.
Subtitle F--Canadian River Project, Texas
Sec. 1361. Short title.
Sec. 1362. Definitions.
Sec. 1363. Prepayment and conveyance of project.
Sec. 1364. Relationship to existing operations.
Sec. 1365. Relationship to certain contract obligations.
Sec. 1366. Relationship to other laws.
Sec. 1367. Liability.
Subtitle G--Clear Creek Distribution System, California
Sec. 1371. Short title.
Sec. 1372. Definitions.
Sec. 1373. Conveyance of project.
Sec. 1374. Relationship to existing operations.
Sec. 1375. Relationship to certain contract obligations.
Sec. 1376. Liability.
Subtitle H--Pine River Project, Colorado
Sec. 1381. Short title.
Sec. 1382. Definitions.
Sec. 1383. Conveyance of project.
Sec. 1384. Relationship to existing operations.
Sec. 1385. Relationship to other laws.
Sec. 1386. Liability.
Subtitle I--Technical Corrections and Miscellaneous Provisions
Sec. 1391. Technical corrections.
Sec. 1392. Authorization to construct temperature control devices.
Sec. 1393. Colusa Basin watershed integrated resources management.
TITLE XIV--PROVISIONS SPECIFIC TO ALASKA
Subtitle A--Land Exchange Near Gustavus and Related Provisions
Sec. 1401. Short title.
Sec. 1402. Land exchange and wilderness designation.
Sec. 1403. Role of FERC.
Sec. 1404. Role of Secretary of the Interior.
Sec. 1405. Applicable law.
Subtitle B--Amendments to Alaska Native Claims Settlement Act and
Related Provisions
Sec. 1411. Automatic land bank protection.
Sec. 1412. Development by third-party trespassers.
Sec. 1413. Retained mineral estate.
Sec. 1414. Amendment to Public Law 102-415.
Sec. 1415. Clarification on treatment of bonds from a Native
Corporation.
Sec. 1416. Mining claims.
Sec. 1417. Sale, disposition, or other use of common varieties of sand,
gravel, stone, pumice, peat, clay, or
cinder resources.
Sec. 1418. Alaska native allotment applications.
Sec. 1419. Visitor services.
Sec. 1420. Local hire report.
Sec. 1421. Shareholder benefits.
Subtitle C--Miscellaneous Provisions
Sec. 1431. Moratorium on Federal management.
Sec. 1432. Easement for Chugach Alaska Corporation.
TITLE I--BOUNDARY ADJUSTMENTS AND RELATED CONVEYANCES
SEC. 101. FORT DAVIS HISTORIC SITE, FORT DAVIS, TEXAS.
The Act entitled ``An Act Authorizing the establishment of a
national historic site at Fort Davis, Jeff Davis County, Texas'',
approved September 8, 1961 (75 Stat. 488; 16 U.S.C. 461 note), is
amended in the first section by striking ``not to exceed four hundred
and sixty acres'' and inserting ``not to exceed 476 acres''.
SEC. 102. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE, KENTUCKY.
(a) In General.--Upon acquisition of the land known as Knob Creek
Farm pursuant to subsection (b), the boundary of the Abraham Lincoln
Birthplace National Historic Site, established by the Act of July 17,
1916 (39 Stat. 385, chapter 247; 16 U.S.C. 211 et seq.), is revised to
include such land.
(b) Acquisition of Knob Creek Farm.--The Secretary of the Interior
may acquire, by donation only, the approximately 228 acres of land
known as Knob Creek Farm in Larue County, Kentucky.
(c) Study and Report.--The Secretary of the Interior shall study
the Knob Creek Farm in Larue County, Kentucky, and not later than 1
year after the date of enactment of this Act, submit a report to the
Congress containing the results of the study. The purpose of the study
shall be to:
(1) Identify significant resources associated with the Knob
Creek Farm and the early boyhood of Abraham Lincoln.
(2) Evaluate the threats to the long-term protection of the
Knob Creek Farm's cultural, recreational, and natural
resources.
(3) Examine the incorporation of the Knob Creek Farm into
the operations of the Abraham Lincoln Birthplace National
Historic Site and establish a strategic management plan for
implementing such incorporation. In developing the plan, the
Secretary shall--
(A) determine infrastructure requirements and
property improvements needed at Knob Creek Farm to meet
National Park Service standards;
(B) identify current and potential uses of Knob
Creek Farm for recreational, interpretive, and
educational opportunities; and
(C) project costs and potential revenues associated
with acquisition, development, and operation of Knob
Creek Farm.
(d) Authorization.--There are authorized to be appropriated such
sums as may be necessary to carry out subsection (c).
SEC. 103. GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT, UTAH.
(a) Exclusion of Certain Lands.--The boundaries of the Grand
Staircase-Escalante National Monument in the State of Utah are hereby
modified to exclude the following lands:
(1) The parcel known as Henrieville Town, Utah, as
generally depicted on the map entitled ``Henrieville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(2) The parcel known as Cannonville Town, Utah, as
generally depicted on the map entitled ``Cannonville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(3) The parcel known as Tropic Town, Utah, as generally
depicted on the map entitled ``Tropic Town Parcel'', dated July
21, 1998.
(4) The parcel known as Boulder Town, Utah, as generally
depicted on the map entitled ``Boulder Town Exclusion, Garfield
County, Utah'', dated March 25, 1998.
(b) Inclusion of Certain Additional Lands.--The boundaries of the
Grand Staircase-Escalante National Monument are hereby modified to
include the parcel known as East Clark Bench, as generally depicted on
the map entitled ``East Clark Bench Inclusion, Kane County, Utah'',
dated March 25, 1998.
(c) Maps.--The maps referred to in subsections (a) and (b) shall be
on file and available for public inspection in the office of the Grand
Staircase-Escalante National Monument in the State of Utah and in the
office of the Director of the Bureau of Land Management.
(d) Land Conveyance, Tropic Town, Utah.--The Secretary of the
Interior shall convey to Garfield County School District, Utah, all
right, title, and interest of the United States in and to the lands
shown on the map entitled ``Tropic Town Parcel'' and dated July 21,
1998, in accordance with section 1 of the Act of June 14, 1926 (43
U.S.C. 869; commonly known as the Recreation and Public Purposes Act),
for use as the location for a school and for other education purposes.
(e) Land Conveyance, Kodachrome Basin State Park, Utah.--The
Secretary shall transfer to the State of Utah all right, title, and
interest of the United States in and to the lands shown on the map
entitled ``Kodachrome Basin Conveyance No. 1 and No. 2'' and dated July
21, 1998, in accordance with section 1 of the Act of June 14, 1926 (43
U.S.C. 869; commonly known as the Recreation and Public Purposes Act),
for inclusion of the lands in Kodachrome Basin State Park.
(f) Utility Corridor Designation, U.S. Route 89, Kane County,
Utah.--There is hereby designated a utility corridor with regard to
U.S. Route 89, in Kane County, Utah. The utility corridor shall run
from the boundary of Glen Canyon Recreation Area easterly to Mount
Carmel Jct. and shall consist of the following:
(1) Bureau of Land Management lands located on the north
side of U.S. Route 89 within 240 feet of the center line of the
highway.
(2) Bureau of Land Management lands located on the south
side of U.S. Route 89 within 500 feet of the center line of the
highway.
SEC. 104. GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT, VIRGINIA.
(a) Addition.--The boundaries of the George Washington Birthplace
National Monument are modified to include the property generally known
as George Washington's Boyhood Home, Ferry Farm, located in Stafford
County, Virginia, across the Rappahannock River from Fredericksburg,
Virginia, comprising approximately 85 acres. The boundary modification
is generally depicted on the map entitled ``George Washington
Birthplace National Monument Boundary Map'', numbered 322/80,020 and
dated April 1998. The Secretary of the Interior shall keep the map on
file and available for public inspection in appropriate offices of the
National Park Service.
(b) Acquisition of Easement.--After enactment of this section, the
Secretary of the Interior may acquire no more than a less than fee
interest in the property described in subsection (a) to ensure the
preservation of the important cultural and natural resources associated
with Ferry Farm.
(c) Resource Study.--Not later than 18 months after the date on
which funds are made available to carry out this section, the Secretary
of the Interior shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a resource study of the property described in
subsection (a). The study shall--
(1) identify the full range of resources and historic
themes associated with Ferry Farm, including those associated
with George Washington's tenure at the property described in
subsection (a) and those associated with the Civil War period;
(2) identify alternatives for further National Park Service
involvement at the property described in subsection (a) beyond
those that may be provided for in the acquisition authorized
under subsection (b); and
(3) include cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives identified.
(d) Agreements.--Upon completion of the resource study under
subsection (c), the Secretary of the Interior may enter into agreements
with the owner of the property described in subsection (a) or other
entities for the purpose of providing programs, services, facilities,
or technical assistance that further the preservation and public use of
the property.
SEC. 105. WASATCH-CACHE NATIONAL FOREST AND MOUNT NAOMI WILDERNESS,
UTAH.
(a) Boundary Adjustment.--To correct a faulty land survey, the
boundaries of the Wasatch-Cache National Forest in the State of Utah
and the boundaries of the Mount Naomi Wilderness, which is located
within the Wasatch-Cache National Forest and was established as a
component of the National Wilderness Preservation System in section
102(a)(1) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98
Stat. 1657), are hereby modified to exclude the parcel of land known as
the D. Hyde property, which encompasses an area of cultivation and
private use, as generally depicted on the map entitled ``D. Hyde
Property Section 7 Township 12 North Range 2 East SLB & M'', dated July
23, 1998.
(b) Land Conveyance.--The Secretary of Agriculture shall convey to
Darrell Edward Hyde of Cache County, Utah, all right, title, and
interest of the United States in and to the parcel of land identified
in subsection (a). As part of the conveyance, the Secretary shall
release, on behalf of the United States, any claims of the United
States against Darrell Edward Hyde for trespass or unauthorized use of
the parcel before its conveyance.
SEC. 106. RED ROCK CANYON NATIONAL CONSERVATION AREA, NEVADA.
Paragraph (2) of section 3(a) of the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)) is
amended to read as follows:
``(2) The conservation area shall consist of approximately 195,780
acres as generally depicted on the map entitled `Red Rock Canyon
National Conservation Area Administrative Boundary Modification', dated
August 8, 1996.''.
SEC. 107. CAPE COD NATIONAL SEASHORE, MASSACHUSETTS.
(a) Land Exchange and Boundary Adjustment.--Section 2 of Public Law
87-126 (16 U.S.C. 459b-1) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) The Secretary may convey to the town of Provincetown,
Massachusetts, a parcel of real property consisting of approximately
7.62 acres of Federal land within such area in exchange for
approximately 11.157 acres of land outside of such area, as depicted on
the map entitled `Cape Cod National Seashore Boundary Revision Map',
dated May 1997, and numbered 609/80,801, to allow for the establishment
of a municipal facility to serve the town that is restricted to solid
waste transfer and recycling facilities and for other municipal
activities that are compatible with National Park Service laws and
regulations. Upon completion of the exchange, the Secretary shall
modify the boundary of the Cape Cod National Seashore to include the
land that has been added.''.
(b) Reauthorization of Advisory Commission.--Section 8(a) of Public
Law 87-126 (16 U.S.C. 459b-7(a)) is amended by striking the second
sentence and inserting the following new sentence: ``The Commission
shall terminate September 26, 2008.''.
SEC. 108. HELLS CANYON WILDERNESS, HELLS CANYON NATIONAL RECREATION
AREA.
The Secretary of Agriculture shall revise the map and detailed
boundary description of the Hells Canyon Wilderness designated by
section 2 of Public Law 94-199 (16 U.S.C. 460gg-1) to exclude Forest
Service Road 3965 from the wilderness area so that the road may
continue to be used by motorized vehicles to its historical terminus at
Squirrel Prairie, as was the original intent of the Congress. The road
shall continue to be included in the Hells Canyon National Recreation
Area also established by such Act.
TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT
Subtitle A--Southern Nevada Public Land Management
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in small and large parcels interspersed with or
adjacent to private land in the Las Vegas Valley, Nevada,
making many of these parcels difficult to manage and more
appropriate for disposal.
(2) In order to promote responsible and orderly development
in the Las Vegas Valley, certain of those Federal lands should
be sold by the Federal Government based on recommendations made
by local government and the public.
(3) The Las Vegas metropolitan area is the fastest growing
urban area in the United States, which is causing significant
impacts upon the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area, and the Spring
Mountains National Recreation Area, which surround the Las
Vegas Valley.
(b) Purpose.--The purpose of this subtitle is to provide for the
orderly disposal of certain Federal lands in Clark County, Nevada, and
to provide for the acquisition of environmentally sensitive lands in
the State of Nevada.
SEC. 202. DEFINITIONS.
As used in this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Unit of local government.--The term ``unit of local
government'' means Clark County, the City of Las Vegas, the
City of North Las Vegas, or the City of Henderson; all in the
State of Nevada.
(3) Agreement.--The term ``Agreement'' means the agreement
entitled ``The Interim Cooperative Management Agreement Between
The United States Department of the Interior--Bureau of Land
Management and Clark County'', dated November 4, 1992.
(4) Special account.--The term ``special account'' means
the account in the Treasury of the United States established
under section 203(e)(1)(C).
(5) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act entitled
``An Act to authorize acquisition or use of public lands by
States, counties, or municipalities for recreational
purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
(6) Regional governmental entity.--The term ``regional
governmental entity'' means the Southern Nevada Water
Authority, the Regional Flood Control District, and the Clark
County Sanitation District.
(7) Aviation department.--The term ``Aviation Department''
means the Department of Aviation of Clark County, Nevada.
SEC. 203. DISPOSAL AND EXCHANGE.
(a) Disposal.--Notwithstanding the land use planning requirements
contained in sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in
accordance with this section, the Federal Land Policy and Management
Act of 1976, and other applicable law, and subject to valid existing
rights, is authorized to dispose of lands within the boundary of the
area under the jurisdiction of the Direction of the Bureau of Land
Management in Clark County, Nevada, as generally depicted on the map
entitled ``Las Vegas Valley, Nevada, Land Disposal Map'', dated April
10, 1997. Such map shall be on file and available for public inspection
in the offices of the Director and the Las Vegas District of the Bureau
of Land Management.
(b) Reservation for Local Public Purposes.--
(1) Recreation and public purpose act conveyances.--Not
less than 30 days before the offering of lands for sale or
exchange pursuant to subsection (a), the State of Nevada or the
unit of local government in whose jurisdiction the lands are
located may elect to obtain any such lands for local public
purposes pursuant to the provisions of the Recreation and
Public Purposes Act. Pursuant to any such election, the
Secretary shall retain the elected lands for conveyance to the
State of Nevada or such unit of the local government in
accordance with the provisions of the Recreation and Public
Purposes Act.
(2) Rights-of-way.--
(A) Issuance.--Upon application, by a unit of local
government or regional governmental entity, the
Secretary, in accordance with this section and the
Federal Land Policy and Management Act of 1976, and
other applicable provisions of law, shall issue right-
of-way grants on Federal lands in Clark County, Nevada,
for all reservoirs, canals, channels, ditches, pipes,
pipelines, tunnels and other facilities and systems
needed for--
(i) the impoundment, storage, treatment,
transportation or distribution of water (other
than water from the Virgin River) or
wastewater; or
(ii) flood control management.
(B) Duration.--Right-of-way grants issued under
this paragraph shall be valid in perpetuity.
(C) Waiver of fees.--Right-of-way grants issued
under this paragraph shall not require the payment of
rental or cost recovery fees.
(3) Youth activity facilities.--Within 30 days after a
request by Clark County, Nevada, the Secretary shall offer to
Clark County, Nevada, the land depicted on the map entitled
``Vicinity Map Parcel 177-28-101-020 dated August 14, 1996, in
accordance with the Recreation and Public Purposes Act for the
construction of youth activity facilities.
(c) Withdrawal.--Subject to valid existing rights, all Federal
lands identified in subsection (a) for disposal are withdrawn from
location and entry, under the mining laws and from operation under the
mineral leasing and geothermal leasing laws until such time as the
Secretary terminates the withdrawal or the lands are patented.
(d) Selection.--
(1) Joint selection required.--The Secretary and the unit
of local government in whose jurisdiction lands referred to in
subsection (a) are located shall jointly select lands to be
offered for sale or exchange under this section. The Secretary
shall coordinate land disposal activities with the unit of
local government in whose jurisdiction such lands are located.
Land disposal activities of the Secretary shall be consistent
with local land use planning and zoning requirements and
recommendations.
(2) Offering.--After land has been selected in accordance
with this subsection, the Secretary shall make the first
offering of land as soon as practicable after the date of
enactment of this Act.
(e) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this section in a fiscal year--
(A) 5 percent shall be paid directly to the State
of Nevada for use in the general education program of
the State;
(B) 10 percent shall be paid directly to the
Southern Nevada Water Authority for water treatment and
transmission facility infrastructure in Clark County,
Nevada; and
(C) the remainder shall be deposited in a special
account in the Treasury of the United States for use
pursuant to the provisions of paragraph (3).
Amounts in the special account shall be available to the
Secretary without further appropriation and shall remain
available until expended.
(2) Land exchanges.--
(A) Payments.--In the case of a land exchange under
this section, the non-Federal party shall provide
direct payments to the State of Nevada and the Southern
Nevada Water Authority in accordance with subparagraphs
(A) and (B) of paragraph (1). The payments shall be
based on the fair market value of the Federal lands to
be conveyed in the exchange and shall be considered a
cost incurred by the non-Federal party that shall be
compensated by the Secretary if so provided by any
agreement to initiate the exchange.
(B) Pending exchanges.--The provisions of this
section, except this subsection and subsections (a) and
(b), shall not apply to any land exchange for which an
initial agreement to initiate an exchange was signed by
an authorized representative of the exchange proponent
and an authorized officer of the Bureau of Land
Management prior to February 29, 1996.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary for--
(i) the acquisition of environmentally
sensitive land in the State of Nevada in
accordance with section 5, with priority given
to lands located within Clark County;
(ii) capital improvements at the Lake Mead
National Recreation Area, the Desert National
Wildlife Refuge, the Red Rock Canyon National
Conservation Area and other areas administered
by the Bureau of Land Management in Clark
County, and the Spring Mountains National
Recreation Area;
(iii) development of a multispecies habitat
conservation plan in Clark County, Nevada;
(iv) development of parks, trails, and
natural areas in Clark County, Nevada, pursuant
to a cooperative agreement with a unit of local
government; and
(v) reimbursement of costs incurred by the
local offices of the Bureau of Land Management
in arranging sales or exchanges under this
subtitle.
(B) Procedures.--The Secretary shall coordinate the
use of the special account with the Secretary of
Agriculture, the State of Nevada, local governments,
and other interested persons, to ensure accountability
and demonstrated results.
(C) Limitation.--Not more than 25 percent of the
amounts available to the Secretary from the special
account in any fiscal year (determined without taking
into account amounts deposited under subsection (g)(4))
may be used in any fiscal year for the purposes
described in subparagraph (A)(ii).
(f) Investment of Special Account.--All funds deposited as
principal in the special account shall earn interest in the amount
determined by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities. Such interest shall be added to
the principal of the account and expended according to the provisions
of subsection (e)(3).
(g) Airport Environs Overlay District Land Transfer.--Upon request
of Clark County, Nevada, the Secretary shall transfer to Clark County,
Nevada, without consideration, all right, title, and interest of the
United States in and to the lands identified in the Agreement, subject
to the following:
(1) Valid existing rights.
(2) Clark County agrees to manage such lands in accordance
with the Agreement and with section 47504 of title 49, United
States Code (relating to airport noise compatibility planning),
and regulations promulgated pursuant to that section.
(3) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed or leased by Clark County, such
sale, lease, or other conveyance shall contain a limitation
which requires uses compatible with the Agreement and such
airport noise compatibility planning provisions.
(4) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed by Clark County, such lands shall
be sold, leased, or otherwise conveyed for fair market value.
Clark County shall contribute 85 percent of the gross proceeds
from the sale, lease, or other conveyance of such lands
directly to the special account. If any of such lands sold,
leased, or otherwise conveyed by Clark County are identified on
the map referenced in section 2(a) of the Act entitled ``An Act
to provide for the orderly disposal of certain Federal lands in
Nevada and for the acquisition of certain other lands in the
Lake Tahoe Basin, and for other purposes'', approved December
23, 1980 (94 Stat. 3381; commonly known as the ``Santini-Burton
Act''), the proceeds contributed to the special account by
Clark County from the sale, lease, or other conveyance of such
lands shall be used by the Secretary of Agriculture to acquire
environmentally sensitive land in the Lake Tahoe Basin pursuant
to section 3 of the Santini-Burton Act. Clark County shall
contribute 5 percent of the gross proceeds from the sale,
lease, or other conveyance of such lands directly to the State
of Nevada for use in the general education program of the
State, and the remainder shall be available for use by the
Aviation Department for the benefit of airport development and
the noise compatibility program.
SEC. 204. ACQUISITIONS.
(a) Acquisitions.--
(1) Definition.--For purposes of this section, the term
``environmentally sensitive land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary or the Secretary of Agriculture--
(A) promote the preservation of natural,
scientific, aesthetic, historical, cultural, watershed,
wildlife, and other values contributing to public
enjoyment and biological diversity;
(B) enhance recreational opportunities and public
access;
(C) provide the opportunity to achieve better
management of public land through consolidation of
Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary may
acquire with the proceeds of the special account
environmentally sensitive land and interests in environmentally
sensitive land. Lands may not be acquired under this section
without the consent of the owner thereof. Funds made available
from the special account may be used with any other funds made
available under any other provision of law.
(3) Consultation.--Before initiating efforts to acquire
land under this section, the Secretary or the Secretary of
Agriculture shall consult with the State of Nevada and with
local government within whose jurisdiction the lands are
located, including appropriate planning and regulatory
agencies, and with other interested persons, concerning the
necessity of making the acquisition, the potential impacts on
State and local government, and other appropriate aspects of
the acquisition. Consultation under this paragraph is in
addition to any other consultation required by law.
(b) Administration.--On acceptance of title by the United States,
land and interests in land acquired under this section that is within
the boundaries of a unit of the National Forest System, National Park
System, National Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, National Wilderness Preservation
System, any other system established by Act of Congress, or any
national conservation or national recreation area established by Act of
Congress--
(1) shall become part of the unit or area without further
action by the Secretary or Secretary of Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or area.
(c) Determination of fair market value.--The fair market value of
land or an interest in land to be acquired by the Secretary or the
Secretary of Agriculture under this section shall be determined
pursuant to section 206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716) and shall be consistent with other applicable
requirements and standards. Fair market value shall be determined
without regard to the presence of a species listed as threatened or
endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Payments in lieu of taxes.--Section 6901(1) of title 31, United
States Code, is amended as follows:
(1) By striking ``or'' at the end of subparagraph (F).
(2) By striking the period at the end of subparagraph (G)
and inserting ``; or''.
(3) By adding at the end the following:
``(H) acquired by the Secretary of the Interior or
the Secretary of Agriculture under subtitle A of title
II of the Omnibus National Parks and Public Lands Act
of 1998 that is not otherwise described in
subparagraphs (A) through (G).''.
SEC. 205. REPORT.
The Secretary, in cooperation with the Secretary of Agriculture,
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives
an annual report on all transactions under this subtitle.
SEC. 206. RECREATION AND PUBLIC PURPOSES ACT.
(a) Transfer of Reversionary Interest.--Upon request by a grantee
of lands within Clark County, Nevada, that are subject to a lease or
patent issued under the Recreation and Public Purposes Act, the
Secretary may transfer the reversionary interest in such lands to other
non-Federal lands. The transfer of the reversionary interest shall only
be made to lands of equal value, except that with respect to the State
of Nevada or a unit of local government, an amount equal to the excess
(if any) of the fair market value of lands received by the unit of
local government over the fair market value of lands transferred by the
unit of local government shall be paid to the Secretary and shall be
treated under section 203(e)(1) of this section as proceeds from the
sale of land. For purposes of this subsection, the fair market value of
lands to be transferred by the State of Nevada or a unit of local
government may be based upon a statement of value prepared by a
qualified appraiser.
(b) Terms and Conditions Applicable to Lands Acquired.--Land
selected under subsection (a) by a grantee described in such subsection
shall be subject to the terms and conditions, uses, and acreage
limitations of the lease or patent to which the lands transferred by
the grantee were subject, including the reverter provisions, under the
Recreation and Public Purposes Act.
SEC. 207. SUPPORT FOR AFFORDABLE HOUSING.
The Secretary, in consultation with the Secretary of Housing and
Urban Development, may make available, in accordance with section 203
of the Federal Land Planning and Management Act of 1976 (43 U.S.C.
1712), land in the State of Nevada at less than fair market value and
under other such terms and conditions as the Secretary may determine
for affordable housing purposes. Such lands shall be made available
only to State or local governmental entities, including local public
housing authorities. For the purposes of this subsection, housing shall
be considered to be affordable housing if the housing serves low-income
families (as defined in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704)).
SEC. 208. CONVEYANCE TO CLARK COUNTY DEPARTMENT OF AVIATION.
(a) Conveyance Required.--Notwithstanding the land use planning
requirements contained in sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712), but
subject to subsection (b) of this section, the Secretary shall convey
to the Department of Aviation of Clark County, Nevada, all right,
title, and interest of the United States in and to the public lands
identified for disposition on the map entitled ``Ivanpah Valley,
Nevada-Airport Selections'', numbered ____, and dated ____, for the
purpose of developing an airport facility and related infrastructure.
Such map shall be on file and available for public inspection in the
offices of the Director and the Las Vegas District of the Bureau of
Land Management.
(b) Airspace Study and Mitigation of Adverse Effects.--The
conveyance identified in subsection (a) shall not occur unless each of
the following occur:
(1) The Aviation Department conducts an airspace assessment
to identify any adverse effect on access to the Las Vegas Basin
under visual flight rules that would result from the
construction and operation of a commercial or primary airport,
or both, on the land to be conveyed.
(2) The Federal Aviation Administration certifies to the
Secretary that the Aviation Department's assessment is thorough
and that alternatives have been developed to address each
adverse effect identified in the assessment, including
alternatives that ensure access to the Las Vegas Basin under
visual flight rules at a level that is equal to or better than
existing access.
(3) The Aviation Department enters into an agreement with
the Secretary to retain ownership of nearby Jean Airport and to
maintain and develop Jean Airport as a general aviation
airport.
(c) Phased Conveyances.--The Secretary shall convey the lands
identified in subsection (a) in smaller parcels over a period of up to
20 years, as may be required to carry out the phased construction and
development of the airport facility and infrastructure on the lands to
be conveyed. As consideration for the conveyance of each parcel, the
Aviation Department shall pay to the United States an amount equal to
the fair market value of the parcel.
(d) Determinations of Fair Market Value.--During the 3-year period
beginning on the date of the enactment of this Act, the fair market
value of a parcel to be conveyed under subsection (a) shall be based on
an appraisal of the fair market value as of a date not later than 6
months after the date of the enactment of this Act. The fair market
value of each parcel conveyed after the end of such period shall be
based on a subsequent appraisal. An appraisal conducted after such
period shall consider the parcel in its unimproved state and shall not
reflect any enhancement in value to the parcel based upon the existence
or planned construction of infrastructure on or near the parcel.
(e) Reversionary Interest.--During the 5-year period beginning 20
years after the date on which the Secretary conveys the first parcel
under subsection (a), if the Secretary determines that the Aviation
Department is not developing or progressing toward the development of
the conveyed lands as an airport facility, the Secretary may exercise a
right to reenter the conveyed lands. Any determination of the Secretary
under this subsection shall be made on the record after an opportunity
for a hearing. If the Secretary exercises a right to reenter the
conveyed lands under this subsection, the Secretary shall reimburse the
Aviation Department for all payments made to the United States under
subsection (c).
(f) Withdrawal.--The public lands referred to in subsection (a) are
hereby withdrawn from mineral entry under the Act of May 10, 1872 (30
U.S.C. 22 et seq.; popularly known as the Mining Law of 1872), and the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
Subtitle B--Gallatin Land Consolidation
SEC. 211. FINDINGS.
Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats that
make the land a valuable addition to the National Forest
System;
(2) it is in the interest of the United States to establish
a logical and effective ownership pattern for the Gallatin
National Forest, reducing long-term costs for taxpayers and
increasing and improving public access to the forest;
(3) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement for
the acquisition of land owned by Big Sky Lumber Co. to
accomplish the purposes of this subtitle;
(4) other private property owners are willing to enter into
exchanges that further improve the ownership pattern of the
Gallatin National Forest; and
(5) BSL, acting in good faith, has shouldered many aspects
of the financial burden of the appraisal and subsequent option
and exchange process.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) BLM land.--The term ``BLM land'' means approximately
2,000 acres of Bureau of Land Management land (including all
appurtenances to the land) that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agreement.
(2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(3) BSL land.--The term ``BSL land'' means approximately
54,000 acres of land (including all appurtenances to the land
except as provided in section 213(e)(1)(D)(i)) owned by BSL
that is proposed to be acquired by the Secretary of
Agriculture, as depicted in Exhibit A to the Option Agreement.
(4) Eastside national forests.--The term ``Eastside
National Forests'' means national forests east of the
Continental Divide in the State of Montana, including the
Beaverhead National Forest, Deerlodge National Forest, Helena
National Forest, Custer National Forest, and Lewis and Clark
National Forest.
(5) National forest system land.--The term ``National
Forest System land'' means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National Forest, Lolo
National Forest, and Lewis and Clark National Forest that is
proposed to be acquired by BSL, as depicted in Exhibit B to the
Option Agreement.
(6) Option agreement.--The term ``Option Agreement''
means--
(A) the document signed by BSL, dated July 29,
1998, and entitled ``Option Agreement for the
Acquisition of Big Sky Lumber Co. Lands Pursuant to the
Gallatin Range Consolidation and Protection Act of
1993'';
(B) the exhibits and maps attached to the document
described in subparagraph (A); and
(C) a negotiated agreement to be entered into
between the Secretary and BSL and made part of the
document described in subparagraph (A).
(7) Secretary.--The ``Secretary'' means the Secretary of
Agriculture.
SEC. 213. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, and
subject to the terms and conditions of the Option Agreement--
(1) if BSL offers title acceptable to the Secretary to the
BSL land--
(A) the Secretary shall accept a warranty deed to
the BSL land and a quit claim deed to agreed to mineral
interests in the BSL land;
(B) the Secretary shall convey to BSL, subject to
valid existing rights and to other terms, conditions,
reservations, and exceptions as may be agreed to by the
Secretary and BSL, fee title to the National Forest
System land; and
(C) the Secretary of the Interior shall convey to
BSL, by patent or otherwise, subject to valid existing
rights and other terms, conditions, reservations, and
exceptions as may be agreed to by the Secretary of the
Interior and BSL, fee title to the BLM land;
(2) if BSL places title in escrow acceptable to the
Secretary to 11\1/2\ sections of the BSL land in the Taylor
Fork area as set forth in the Option Agreement--
(A) the Secretary shall place Federal land in the
Bangtail and Doe Creek areas of the Gallatin National
Forest, as identified in the Option Agreement, in
escrow pending conveyance to the Secretary of the
Taylor Fork land, as identified in the Option Agreement
in escrow;
(B) the Secretary, subject to the availability of
funds, shall purchase 7\1/2\ sections of BSL land in
the Taylor Fork area held in escrow and identified in
the Option Agreement at a purchase price of $4,150,000
plus interest at a rate acceptable to the Secretary;
and
(C) the Secretary shall acquire the 4 Taylor Fork
sections identified in the Option Agreement remaining
in escrow, and any of the 6 sections referred to in
subparagraph (B) for which funds are not available, by
providing BSL with timber sale receipts from timber
sales on the Gallatin National Forest and other
eastside national forests in the State of Montana in
accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are received by
BSL--
(i) the deeds to an equivalent value of BSL
Taylor Fork land held in escrow shall be
released and conveyed to the Secretary; and
(ii) the escrow of deeds to an equivalent
value of Federal land shall be released to the
Secretary in accordance with the terms of the
Option Agreement; or
(B) if funds or timber sale receipts are not
provided to BSL as provided in the Option Agreement,
BSL shall be entitled to receive patents and deeds to
an equivalent value of the Federal land held in escrow.
(b) Valuation.--
(1) In general.--The property and other assets exchanged or
conveyed by BSL and the United States under subsection (a)
shall be approximately equal in value, as determined by the
Secretary.
(2) Difference in value.--To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) Timber Sale Program.--
(1) In general.--The Secretary shall implement a timber
sale program, according to the terms and conditions identified
in the Option Agreement and subject to compliance with
applicable environmental laws, judicial decisions, and acts
beyond the control of the Secretary, to generate sufficient
timber receipts to purchase the portions of the BSL land in
Taylor Fork identified in the Option Agreement.
(2) Implementation.--In implementing the timber sale
program--
(A) the Secretary shall provide BSL with a proposed
annual schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be
deposited by the Secretary in a special account
established by the Secretary and paid by the Secretary
to BSL;
(C) receipts from the Gallatin National Forest
shall not be subject to the Act of May 23, 1908 (16
U.S.C. 500); and
(D) the Secretary shall fund the timber sale
program at levels determined by the Secretary to be
commensurate with the preparation and administration of
the identified timber sale program.
(d) Rights-of-Way.--As specified in the Option Agreement--
(1) the Secretary, under the authority of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
shall convey to BSL such easements in or other rights-of-way
over National Forest System land for access to the land
acquired by BSL under this subtitle for all lawful purposes;
and
(2) BSL shall convey to the United States such easements in
or other rights-of-way over land owned by BSL for all lawful
purposes, as may be agreed to by the Secretary and BSL.
(e) Quality of Title.--
(1) Determination.--The Secretary shall review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from BSL,
determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied and the quality of the
title is otherwise acceptable to the Secretary of
Agriculture;
(B) all draft conveyances and closing documents
have been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary; and
(D) the title includes both the surface and
subsurface estates without reservation or exception
(except as specifically provided in this subtitle),
including--
(i) minerals, mineral rights, and mineral
interests (including severed oil and gas
surface rights), subject to and excepting other
outstanding or reserved oil and gas rights;
(ii) timber, timber rights, and timber
interests (except those reserved subject to
section 251.14 of title 36, Code of Federal
Regulations, by BSL and agreed to by the
Secretary);
(iii) water, water rights, ditch, and ditch
rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) Conveyance of title.--
(A) In general.--If the quality of title does not
meet Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the
Secretary shall advise BSL regarding corrective actions
necessary to make an affirmative determination under
paragraph (1).
(B) Title to subsurface estate.--Title to the
subsurface estate shall be conveyed by BSL to the
Secretary in the same form and content as that estate
is received by BSL from Burlington Resources Oil & Gas
Company Inc. and Glacier Park Company.
(f) Timing of Implementation.--
(1) Land-for-land exchange.--The Secretary shall accept the
conveyance of land described in subsection (a) not later than
45 days after the Secretary has made an affirmative
determination of quality of title.
(2) Land-for-timber sale receipt exchange.--As provided in
subsection (c) and the Option Agreement, the Secretary shall
make timber receipts described in subsection (a)(3) available
not later than December 31 of the fifth full calendar year that
begins after the date of enactment of this subtitle.
(3) Purchase.--The Secretary shall complete the purchase of
BSL land under subsection (a)(2)(B) not later than 30 days
after the date on which funds are made available for such
purchase and an affirmative determination of quality of title
is made with respect to the BSL land.
SEC. 214. OTHER FACILITATED EXCHANGES.
(a) Authorized Exchanges.--
(1) In general.--The Secretary shall enter into the
following land exchanges if the landowners are willing:
(A) Wapiti land exchange, as outlined in the
documents entitled ``Non-Federal Lands in Facilitated
Exchanges'' and ``Federal Lands in Facilitated
Exchanges'' and dated July 1998.
(B) Eightmile/West Pine land exchange as outlined
in the documents entitled ``Non-Federal Lands in
Facilitated Exchanges'' and ``Federal Lands in
Facilitated Exchanges'' and dated July 1998.
(2) Equal Value.--Before entering into an exchange under
paragraph (1), the Secretary shall determine that the parcels
of land to be exchanged are of approximately equal value, based
on an appraisal.
(b) Section 1 of the Taylor Fork Land.--
(1) In general.--The Secretary is encouraged to pursue a
land exchange with the owner of section 1 of the Taylor Fork
land after completing a full public process and an appraisal.
(2) Report.--The Secretary shall report to Congress on the
implementation of paragraph (1) not later than 180 days after
the date of enactment of this subtitle.
SEC. 215. GENERAL PROVISIONS.
(a) Minor Corrections.--
(1) In general.--The Option Agreement shall be subject to
such minor corrections and supplemental provisions as may be
agreed to by the Secretary and BSL.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and each member of
the Montana congressional delegation of any changes made under
this subsection.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Gallatin
National Forest is adjusted in the Wineglass and North
Bridger area, as described on maps dated July 1998,
upon completion of the conveyances.
(B) No limitation.--Nothing in this subsection
limits the authority of the Secretary to adjust the
boundary pursuant to section 11 of the Act of March 1,
1911 (commonly known as the ``Weeks Act'') (16 U.S.C.
521).
(C) Allocation of land and water conservation fund
moneys.--For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
boundaries of the Gallatin National Forest shall be
considered to be the boundaries of the National Forest
as of January 1, 1965.
(b) Public Availability.--The Option Agreement--
(1) shall be on file and available for public inspection in
the office of the Supervisor of the Gallatin National Forest;
and
(2) shall be filed with the county clerk of each of
Gallatin County, Park County, Madison County, Granite County,
Broadwater County, Meagher County, Flathead County, and
Missoula County, Montana.
(c) Compliance With Option Agreement.--The Secretary, the Secretary
of the Interior, and BSL shall comply with the terms and conditions of
the Option Agreement except to the extent that any provision of the
Option Agreement conflicts with this subtitle.
(d) Conveyance of Timber.--After completion of the land-for-land
exchange under section 213(a)(1), the Secretary shall convey to BSL
1,000,000 board feet of timber from roaded land in the Gallatin
National Forest, which--
(1) shall be treated as reserved timber under section
251.14 of title 36, Code of Federal Regulations; and
(2) shall not be considered as part of the appraisal value
of land exchanged under this subtitle.
(e) Status of Land.--All land conveyed to the United States under
this subtitle shall be added to and administered as part of the
Gallatin National Forest and Deerlodge National Forest, as appropriate,
in accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and
other laws (including regulations) pertaining to the National Forest
System.
(f) Management.--
(1) Public process.--Not later than 30 days after the date
of completion of the land-for-land exchange under section
213(f)(1), the Secretary shall initiate a public process to
amend the Gallatin National Forest Plan and the Deerlodge
National Forest Plan to integrate the acquired land into the
plans.
(2) Process time.--The amendment process under paragraph
(1) shall be completed as soon as practicable, and in no event
later than 540 days after the date on which the amendment
process is initiated.
(3) Limitation.--An amended management plan shall not
permit surface occupancy on the acquired land for access to
reserved or outstanding oil and gas rights or for exploration
or development of oil and gas.
(4) Interim management.--Pending completion of the forest
plan amendment process under paragraph (1), the Secretary
shall--
(A) manage the acquired land under the standards
and guidelines in the applicable land and resource
management plans for adjacent land managed by the
Forest Service; and
(B) maintain all existing public access to the
acquired land.
(g) Restoration.--
(1) In general.--The Secretary shall implement a
restoration program including reforestation and watershed
enhancements to bring the acquired land and surrounding
national forest land into compliance with Forest Service
standards and guidelines.
(2) State and local conservation corps.--In implementing
the restoration program, the Secretary shall, when practicable,
use partnerships with State and local conservation corps,
including the Montana Conservation Corps, under the Public
Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
(h) Implementation.--The Secretary of Agriculture shall ensure that
sufficient funds are made available to the Gallatin National Forest to
carry out this subtitle.
(i) Revocations.--Notwithstanding any other provision of law, any
public orders withdrawing lands identified in the Option Agreement from
all forms of appropriation under the public land laws are revoked upon
conveyance of the lands by the Secretary.
SEC. 216. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle C--Conveyance of Canyon Ferry Reservoir Properties
SEC. 221. FINDINGS.
The Congress finds that the conveyance of the Properties described
in section 224(b) to the Lessees of those Properties for fair market
value would have the beneficial results of--
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Reservior;
(2) providing a permanent source of funding to acquire
public access, to conserve fish and wildlife, and to enhance
public hunting, fishing, and recreational opportunities in the
State of Montana;
(3) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Federal Government's ownership of the Properties while
increasing local tax revenues from the new owners of the
Properties; and
(4) eliminating expensive and contentious disputes between
the Secretary of the Interior and Lessees while ensuring that
the Federal Government receives full and fair value for the
conveyance of the Properties.
SEC. 222. PURPOSE.
The purpose of this subtitle is to establish terms and conditions
under which the Secretary of the Interior shall convey, for fair market
value, certain Properties around Canyon Ferry Reservoir in the State of
Montana, to the Lessees of the Properties.
SEC. 223. DEFINITIONS.
In this subtitle:
(1) CFRA.--The term ``CFRA'' means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(2) Commissioners.--The term ``Commissioners'' means the
Board of Commissioners for Broadwater County, Montana.
(3) County Trust.--The terms ``County Trust'' and ``Canyon
Ferry-Broadwater County Trust'' mean the Canyon Ferry-
Broadwater County Trust established pursuant to section 228.
(3) Lessee.--The term ``Lessee'' means the leaseholder of
any 1 of the cabin sites described in section 224(b) on the
date of the enactment of this subtitle and the heirs,
executors, and assigns of the leaseholder's interest in that
cabin site.
(4) Property.--The term ``Property'' means any one of the
cabin sites described in section 224(b).
(5) Properties.--The term ``Properties'' means all 265 of
the cabin sites (and related parcels) described in section
224(b).
(6) Purchaser.--The term ``Purchaser'' means a person or
entity, excluding CFRA, that purchases the Properties under
section 224.
(7) Reservoir.--The terms ``Reservoir'' and ``Canyon Ferry
Reservoir'' mean the Canyon Ferry Reservoir in the State of
Montana.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State Trust.--The terms ``State Trust'' and ``Montana
Fish and Wildlife Conservation Trust'' mean the Montana Fish
and Wildlife Conservation Trust established pursuant to section
227.
SEC. 224. SALE OF PROPERTIES.
(a) Sale Required.--Subject to subsection (c) and section 228, and
notwithstanding any other provision of law, the Secretary shall sell at
fair market value--
(1) all right, title, and interest of the United States in
and to all (but not fewer than all) of the Properties, subject
to valid existing rights; and
(2) perpetual easements for--
(A) vehicular access to each Property;
(B) access to and the use of one dock per Property;
and
(C) access to and the use of all boathouses, ramps,
retaining walls, and other improvements for which
access is provided in the Property leases as of the
date of the enactment of this subtitle.
(b) Description of Properties.--
(1) In general.--The Properties to be conveyed are--
(A) the 265 cabin sites of the Bureau of
Reclamation located along the northern end of the
Reservoir in portions of sections 2, 11, 12, 13, 15,
22, 23, and 26, Township 10 North, Range 1 West; and
(B) any small parcels contiguous to the Properties
(not including shoreline or land needed to provide
public access to the shoreline of the Reservoir) that
the Secretary determines should be conveyed in order to
eliminate inholdings and facilitate administration of
surrounding land remaining in Federal ownership.
(2) Acreage; legal description.--The acreage and legal
description of each Property and of each parcel determined by
the Secretary under paragraph (1)(B) shall be determined by
agreement between the Secretary and CFRA.
(c) Purchase Process.--
(1) In general.--The Secretary shall--
(A) solicit sealed bids for the Properties;
(B) subject to paragraph (2), sell the Properties
to the bidder that submits the highest bid above the
minimum bid determined under paragraph (2); and
(C) only accept bids that provide for the purchase
of all of the Properties in one bundle.
(2) Minimum bid.--Before accepting bids, the Secretary, in
consultation with CFRA, shall establish a minimum bid based on
an appraisal of the fair market value of the Properties,
exclusive of the value of private improvements made by
leaseholders of the Properties before the date of the
conveyance. The appraisal shall be conducted in conformance
with the Uniform Standards of Professional Appraisal Practice.
(3) Right of first refusal.--If the highest bidder is a
person other than CFRA, CFRA shall have the right to match the
highest bid and purchase the Properties at a price equal to the
amount of that bid.
(d) Terms of Conveyance.--
(1) Purchaser to extend option to purchase or to continue
leasing.--
(A) Purchase option.--The Purchaser shall give each
Lessee of a Property conveyed under this section an
option to purchase the Property at fair market value as
determined under subsection (c)(2).
(B) Right to continue lease.--A Lessee that is
unable or unwilling to purchase a Property shall be
provided the opportunity to continue to lease the
Property for fair market value rent under the same
terms and conditions as apply under the existing lease
for the Property, including the right to renew the term
of the existing lease for two consecutive five-year
terms.
(C) Compensation for improvements.--If a Lessee
declines to purchase a Property, the Purchaser shall
compensate the Lessee for the fair market value, as
determined pursuant to customary appraisal procedures,
of all improvements made to the Property. The Lessee
may sell the improvements to the Purchaser at any time,
but the sale shall be completed by the final
termination of the lease, after all renewals as
provided in subparagraph (B).
(2) Property descriptions and historical use.--The
Purchaser shall honor the existing descriptions of the
Properties and historical use restrictions for the Properties.
(3) CFRA purchases.--
(A) Conveyance to state trust in lieu of payment.--
If CFRA is the highest bidder, or matches the highest
bid, CFRA may convey to the Montana Fish and Wildlife
Conservation Trust the fee title to any Property that
is not purchased by a Lessee under paragraph (1)(A).
The conveyance to the State Trust shall be in lieu of
payment, and the value of each Property contribution
under this subparagraph shall be the fair market value
of the Property under this section.
(B) Continuation of leases.--
(i) In general.--CFRA (or the State Trust
if a Property is conveyed to the State Trust
under subparagraph (A)) shall allow the Lessee
of that Property who is unable or unwilling to
purchase the Property to continue to lease the
Property pursuant to the terms and conditions
of the lease in effect for the Property on the
date of the enactment of this subtitle.
(ii) Rental payments.--All rents received
during the continuation of a lease under clause
(i) shall be paid to CFRA (or the State Trust
if the Property is conveyed to the State Trust
under subparagraph (A)).
(iii) Limitation on right to transfer
lease.--Subject to valid existing rights, a
Lessee may not sell or otherwise assign or
transfer the Lessee's Property without
purchasing the Property from CFRA (or the State
Trust if the Property is conveyed to the State
Trust under subparagraph (A)) and conveying the
fee interest in the Property.
(C) Conveyance by state trust.--All conveyances of
a Property and any related parcels under subsection
(b)(1)(B) by the State Trust shall be at fair market
value as determined by a new appraisal, but in no event
may the State Trust convey any Property to a Lessee for
an amount less than the value established for the
Property by the appraisal conducted pursuant to
subsection (c)(2).
(e) Administrative Costs.--Any reasonable administrative cost
incurred by the Secretary incident to the conveyance under subsection
(a) shall be reimbursed by the Purchaser or CFRA, as the case may be.
(f) Timing.--The Secretary shall make every effort to complete the
conveyance under subsection (a) not later than one year after the date
of the enactment of this subtitle.
(g) Closing.--Real estate closings to complete the conveyance under
subsection (a) may be staggered to facilitate the conveyance as agreed
to by the Secretary and the Purchaser or CFRA, as the case may be.
(h) Conveyance to Lessee.--If a Lessee elects to purchase a
Property from the Purchaser or CFRA as provided in subsection
(d)(1)(A), the Secretary, upon request by the Lessee, shall have the
conveyance documents prepared in the Lessee's name or names in order to
minimize the time and documents required to complete the closing for
the Property.
(h) Costs.--The Lessee shall reimburse CFRA for a proportionate
share of the costs to CFRA of completing the transactions contemplated
by this subtitle, including any interest charges. In addition, the
Lessee shall reimburse the State Trust for costs, including costs of
the new appraisal, associated with conveying the Property from the
Trust to the Lessee.
SEC. 225. MANAGEMENT OF BUREAU OF RECLAMATION RECREATION AREA.
(a) Contract for Campground Management.--Not later than six months
after the date of the enactment of this subtitle, the Secretary shall--
(1) offer to enter into a contract with the Board of
Commissioners for Broadwater County, Montana, under which the
Commissioners would undertake the management of the Bureau of
Reclamation recreation area known as Silos recreation area; and
(2) enter into such a contract if mutually agreed upon by
the Secretary and the Commissioners.
(b) Concession Income.--Any income generated by any concessions
which may be granted by the Commissioners at the recreation area shall
be deposited in the Canyon Ferry-Broadwater County Trust established
pursuant to section 228 and may be dispersed by the manager of the
County Trust as part of the income of the County Trust.
SEC. 226. USE OF PROCEEDS.
Proceeds received by the United States from the conveyances under
this subtitle shall be used as follows:
(1) 10 percent of the proceeds shall be applied by the
Secretary of the Treasury to reduce the outstanding debt for
the Pick-Sloan project at Canyon Ferry Reservoir.
(2) 90 percent of the proceeds shall be deposited into the
State Trust.
SEC. 227. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
As part of the conveyance of the Properties under section 224,
there shall be established a nonprofit charitable permanent perpetual
public trust in Montana to be known as the ``Montana Fish and Wildlife
Conservation Trust'', to provide a permanent source of funding to
acquire publicly accessible land and interests in land, including
easements and conservation easements, in Montana from willing sellers
at fair market value to--
(1) restore and conserve fisheries habitat, including
riparian habitat;
(2) restore and conserve wildlife habitat;
(3) enhance public hunting, fishing, and recreational
opportunities; and
(4) improve public access to public lands.
SEC. 228. CANYON FERRY-BROADWATER COUNTY TRUST.
(a) Trust Required as Condition on Conveyances.--The Secretary may
not sell the Properties under section 224 unless and until the Board of
Commissioners for Broadwater County, Montana--
(1) establishes a nonprofit charitable permanent perpetual
public trust, to be known as the ``Canyon Ferry-Broadwater
County Trust''; and
(2) deposits at least $3,000,000 as the initial corpus of
the County Trust.
(b) Reduction for In-Kind Contributions.--The Secretary may reduce
the amount required to be deposited in the County Trust under
subsection (a)(2) to reflect in-kind contributions made in Broadwater
County and related to the maintenance or improvement of access to or
recreational facilities at the Reservoir. In kind contributions shall
be valued based on the fair market value of the goods or services
provided.
(c) County Trust Management.--The County Trust shall be managed by
the Montana Community Foundation, in this section referred to as the
``trust manager''.
(d) Use.--
(1) In general.--The trust manager shall invest the corpus
of the County Trust and shall disperse funds from the County
Trust only as provided in this subsection.
(2) Silo recreation area.--A sum not to exceed $500,000 may
be expended from the corpus of the County Trust to pay for the
planning and construction of a harbor at the Silos recreation
area.
(3) Other uses.--The balance of the principal of the County
Trust shall be inviolate. Income derived from the County Trust
may be expended for the improvement of access to those portions
of Canyon Ferry Reservoir lying within Broadwater County,
Montana, and for the creation and improvement of new and
existing recreational areas within Broadwater County.
(4) Limitation.--All interest earned on the principal of
the County Trust shall be reinvested and considered part of the
corpus of the Trust until the sum of $3,000,000, or such lesser
amount established by the Secretary under subsection (b), is
deposited as the initial corpus of County Trust.
(5) Dispersement.--The trust manager shall either approve
or reject any request for dispersement, but shall not make any
expenditure except on the recommendation of the advisory
committee established under subsection (e).
(e) Advisory Committee.--
(1) Appointment.--The Commissioners shall appoint an
advisory committee consisting of not less than three nor more
than person persons.
(2) Duties.--The advisory committee shall meet on a regular
basis to establish priorities and prepare requests for the
dispersement of funds from the County Trust, except that the
advisory committee shall recommend only such expenditures as
are approved by the Commissioners.
Subtitle D--Conveyance of National Forest Lands for Public School
Purposes
SEC. 231. AUTHORIZATION OF USE OF NATIONAL FOREST LANDS FOR PUBLIC
SCHOOL PURPOSES.
(a) Transfers.--The Secretary of Agriculture may, upon a finding
that the transfer of certain National Forest lands for local public
school purposes would serve the public interest, authorize the transfer
of up to 40 acres of National Forest lands to a local governmental
entity for public school purposes. The Secretary may make available
only those National Forest lands that have been identified for disposal
or exchange or are not otherwise needed for National Forest purposes.
The Secretary shall make such transfers using the least amount of land
required for the efficient operation of the project involved.
(b) Costs.--Such transfers may be made at discounted or no-cost.
The Secretary shall provide for a no-cost transfer to a local
governmental entity for public school purposes if the Secretary
determines that the charges for such lands would impose an undue
hardship on the local governmental entity.
(c) Conditions.--Such transfers shall be conditioned on the
requirement that the lands so transferred will be used solely for
public school purposes.
(d) Deadline for Consideration of Application for Use for School.--
If the Secretary receives an application from a duly qualified
applicant that is a local education agency seeking a conveyance of land
under this section for use for an elementary or secondary school,
including a public charter school, the Secretary shall--
(1) before the end of the 10-day period beginning on the
date of that receipt, provide notice of that receipt to the
applicant; and
(2) before the end of the 90-day period beginning on the
date of that receipt--
(A) determine whether or not to convey land
pursuant to the application, and notify the applicant
of that determination; or
(B) report to the Congress and the applicant the
reasons that determination has not been made.
Subtitle D--Other Conveyances
SEC. 241. LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA.
(a) Authorization of Exchange.--If the non-Federal lands described
in subsection (b) are conveyed to the United States in accordance with
this section, the Secretary of the Interior shall convey to the party
conveying the non-Federal lands all right, title, and interest of the
United States in and to a parcel of land consisting of approximately 8
acres administered by the Department of Interior as part of the El
Portal Administrative Site in the State of California, as generally
depicted on the map entitled ``El Portal Administrative Site Land
Exchange'', dated June 1998.
(b) Receipt of Non-Federal Lands.--The parcel of non-Federal lands
referred to in subsection (a) consists of approximately 8 acres, known
as the Yosemite View parcel, which is located adjacent to the El Portal
Administrative Site, as generally depicted on the map referred to in
subsection (a). Title to the non-Federal lands must be acceptable to
the Secretary of the Interior, and the conveyance shall be subject to
such valid existing rights of record as may be acceptable to the
Secretary. The parcel shall conform with the title approval standards
applicable to Federal land acquisitions.
(c) Equalization of Values.--If the value of the Federal land and
non-Federal lands to be exchanged under this section are not equal in
value, the difference in value shall be equalized through a cash
payment or the provision of goods or services as agreed upon by the
Secretary and the party conveying the non-Federal lands.
(d) Applicability of Other Laws.--Except as otherwise provided in
this section, the Secretary of the Interior shall process the land
exchange authorized by this section in the manner provided in part 2200
of title 43, Code of Federal Regulations, as in effect on the date of
the enactment of this subtitle.
(e) Boundary Adjustment.--Upon completion of the land exchange, the
Secretary shall adjust the boundaries of the El Portal Administrative
Site as necessary to reflect the exchange. Lands acquired by the
Secretary under this section shall be administered as part of the El
Portal Administrative Site.
(f) Map.--The map referred to in subsection (a) shall be on file
and available for inspection in appropriate offices of the Department
of the Interior.
(g) Additional Terms and Conditions.--The Secretary of the Interior
may require such additional terms and conditions in connection with the
land exchange under this section as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 242. AUTHORIZATION TO USE LAND IN MERCED COUNTY, CALIFORNIA, FOR
ELEMENTARY SCHOOL.
(a) Removal of Restrictions.--Notwithstanding the restrictions
otherwise applicable under the terms of conveyance by the United States
of any of the land described in subsection (b) to Merced County,
California, or under any agreement concerning any part of such land
between such county and the Secretary of the Interior or any other
officer or agent of the United States, the land described in subsection
(b) may be used for the purpose specified in subsection (c).
(b) Land Affected.--The land referred to in subsection (a) is the
north 25 acres of the 40 acres located in the northwest quarter of the
southwest quarter of section 20, township 7 south, range 13 east, Mount
Diablo base line and Meridian in Merced County, California, conveyed to
such county by deed recorded in volume 1941 at page 441 of the official
records in Merced County, California.
(c) Authorized Uses.--Merced County, California, may authorize the
use of the land described in subsection (b) for an elementary school
serving children without regard to their race, creed, color, national
origin, physical or mental disability, or sex, operated by a
nonsectarian organization on a nonprofit basis and in compliance with
all applicable requirements of the laws of the United States and the
State of California. If Merced County permits such lands to be used for
such purposes, the county shall include information concerning such use
in the periodic reports to the Secretary of the Interior required under
the terms of the conveyance of such lands to the county by the United
States. Any violation of the provisions of this subsection shall be
deemed to be a breach of the conditions and covenants under which such
lands were conveyed to Merced County by the United States, and shall
have the same effect as provided by deed whereby the United States
conveyed the lands to the county. Except as specified in this
subsection, nothing in this section shall increase or diminish the
authority or responsibility of the county with respect to the land.
SEC. 243. ISSUANCE OF QUITCLAIM DEED, STEFFENS FAMILY PROPERTY, BIG
HORN COUNTY, WYOMING.
(a) Issuance.--Subject to valid existing rights and subsection (d),
the Secretary of the Interior is directed to issue, without
consideration, a quitclaim deed to Marie Wambeke of Big Horn County,
Wyoming, the personal representative of the estate of Fred Steffens, to
the land described in subsection (b).
(b) Land Description.--The land referred to in subsection (a) is
the approximately 80-parcel known as ``Farm Unit C'' in the E\1/2\NW\1/
4\ of Section 27, Township 57 North, Range 97 West, 6th Principal
Meridian, Wyoming.
(c) Revocation of Withdrawal.--The Bureau of Reclamation withdrawal
for the Shoshone Reclamation Project under Secretarial Order dated
October 21, 1913, is hereby revoked with respect to the land described
in subsection (b).
(d) Reservation of Mineral Interests.--All minerals underlying the
land described in subsection (b) are hereby reserved to the United
States.
SEC. 244. ISSUANCE OF QUITCLAIM DEED, LOWE FAMILY PROPERTY, BIG HORN
COUNTY, WYOMING.
(a) Issuance.--Subject to valid existing rights and subsection (c),
the Secretary of the Interior is directed to issue, without
consideration, a quitclaim deed to John R. and Margaret J. Lowe of Big
Horn County, Wyoming, to the land described in subsection (b).
(b) Land Description.--The land referred to in subsection (a) is
the approximately 40-acre parcel located in the SW\1/4\SE\1/4\ of
Section 11, Township 51 North, Range 96 West, 6th Principal Meridian,
Wyoming.
(c) Reservation of Mineral Interests.--All minerals underlying the
land described in subsection (b) are hereby reserved to the United
States.
SEC. 245. UTAH SCHOOLS AND LANDS EXCHANGE.
(a) Findings.--The Congress finds the following:
(1) The State of Utah owns approximately 176,600 acres of
land, as well as approximately 24,165 acres of mineral
interests, administered by the Utah School and Institutional
Trust Lands Administration, within the exterior boundaries of
the Grand Staircase-Escalante National Monument, established by
Presidential proclamation on September 18, 1996, pursuant to
section 2 of the Antiquities Act of 1906 (16 U.S.C. 431). The
State of Utah also owns approximately 200,000 acres of land,
and 76,000 acres of mineral interests, administered by the Utah
School and Institutional Trust Lands Administration, within the
exterior boundaries of several units of the National Park
System and the National Forest System, and within certain
Indian reservations in Utah. These lands were granted by
Congress to the State of Utah pursuant to the Utah Enabling
Act, chap. 138, 28 Stat. 107 (1894), to be held in trust for
the benefit of the State's public school system and other
public institutions.
(2) Many of the State school trust lands within the
monument may contain significant economic quantities of mineral
resources, including coal, oil, and gas, tar sands, coalbed
methane, titanium, uranium, and other energy and metalliferous
minerals. Certain State school trust lands within the Monument,
like the Federal lands comprising the Monument, have
substantial noneconomic scientific, historic, cultural, scenic,
recreational, and natural resources, including ancient Native
American archaeological sites and rare plant and animal
communities.
(3) Development of surface and mineral resources on State
school trust lands within the monument could be incompatible
with the preservation of these scientific and historic
resources for which the monument was established. Federal
acquisition of State school trust lands within the monument
would eliminate this potential incompatibility, and would
enhance management of the Grand Staircase-Escalante National
Monument.
(4) The United States owns lands and interest in lands
outside of the monument that can be transferred to the State of
Utah in exchange for the monument inholdings without
jeopardizing Federal management objectives or needs.
(5) In 1993, Congress passed and the President signed
Public Law 103-93, which contained a process for exchanging
State of Utah school trust inholdings in the National Park
System, the National Forest System, and certain Indian
reservations in Utah. Among other things, it identified various
Federal lands and interests in land that were available to
exchange for these State inholdings.
(6) Although Public Law 103-93 offered the hope of a
prompt, orderly exchange of State inholdings for Federal lands
elsewhere, implementation of the legislation has been very
slow. Completion of this process is realistically estimated to
be many years away, at great expense to both the State and the
United States in the form of expert witnesses, lawyers,
appraisers, and other litigation costs.
(7) The State also owns approximately 2,560 acres of land
in or near the Alton coal field which has been declared an area
unsuitable for coal mining under the terms of the Surface
Mining Control and Reclamation Act. This land is also
administered by the Utah School and Institutional Trust Lands
Administration, but its use is limited given this declaration.
(8) The large presence of State school trust land
inholdings in the monument, national parks, national forests,
and Indian reservations make land and resource management in
these areas difficult, costly, and controversial for both the
State of Utah and the United States.
(9) It is in the public interest to reach agreement on
exchange of inholdings, on terms fair to both the State and the
United States. Agreement saves much time and delay in meeting
the expectations of the State school and institutional trusts,
in simplifying management of Federal and Indian lands and
resources, and in avoiding expensive, protracted litigation
under Public Law 103-93.
(10) The State of Utah and the United States have reached
an agreement under which the State would exchange of all its
State school trust lands within the monument, and specified
inholdings in national parks, forests, and Indian reservations
that are subject to Public Law 103-93, for various Federal
lands and interests in lands located outside the monument,
including Federal lands and interests identified as available
for exchange in Public Law 103-93 and additional Federal lands
and interests in lands.
(11) The State school trust lands to be conveyed to the
Federal Government include properties within units of the
National Park System, the National Forest System, and the Grand
Staircase-Escalante National Monument. The Federal assets made
available for exchange with the State were selected with a
great sensitivity to environmental concerns and a belief and
expectation by both parties that Federal assets to be conveyed
to the State would be unlikely to trigger significant
environmental controversy.
(12) The parties agreed at the outset of negotiations to
avoid identifying Federal assets for conveyance to the State
where any of the following was known to exist or likely to be
an issue as a result of foreseeable future uses of the land:
significant wildlife resources, endangered species habitat,
significant archaeological resources, areas of critical
environmental concern, coal resources requiring surface mining
to extract the mineral deposits, wilderness study areas,
significant recreational areas, or any other lands known to
raise significant environmental concerns of any kind.
(13) The parties further agreed that the use of any mineral
interests obtained by the State of Utah where the Federal
Government retains surface and other interest, will not
conflict with established Federal land and environmental
management objectives, and shall be fully subject to all
environmental regulations applicable to development of non-
Federal mineral interest on Federal lands.
(14) Because the inholdings to be acquired by the Federal
Government include properties within the boundaries of some of
the most renowned conservation land units in the United States,
and because a mission of the Utah School and Institutional
Trust Lands Administration is to produce economic benefits for
Utah's public schools and other beneficiary institutions, the
exchange of lands called for in this agreement will resolve
many longstanding environmental conflicts and further the
interest of the State trust lands, the school children of Utah,
and these conservation resources.
(15) Under this Agreement taken as a whole, the State
interests to be conveyed to the United States by the State of
Utah, and the Federal interests and payments to be conveyed to
the State of Utah by the United States, are approximately equal
in value.
(16) The purpose of this section is to enact into law and
direct prompt implementation of this historic agreement.
(b) Ratification of Agreed Exchange Between the State of Utah and
the Department of the Interior.--
(1) Agreement.--The State of Utah and the Department of the
Interior have agreed to exchange certain Federal lands, Federal
mineral interests, and payment of money for lands and mineral
interests managed by the Utah School and Institutional Trust
Lands Administration, lands and mineral interests of
approximately equal value inheld within the Grand Staircase-
Escalante National Monument the Goshute and Navajo Indian
Reservations, units of the National Park System, the National
Forest System, and the Alton coal fields.
(2) Ratification.--All terms, conditions, procedures,
covenants, reservations, and other provisions set forth in the
document entitled ``Agreement to Exchange Utah School Trust
Lands Between the State of Utah and the United States of
America'' (in this section referred to as the ``Agreement'')
are hereby incorporated in this section, are ratified and
confirmed, and set forth the obligations and commitments of the
United States, the State of Utah, and Utah School and
Institutional Trust Lands Administration, as a matter of
Federal law.
(c) Legal Descriptions.--
(1) In general.--The maps and legal descriptions referred
to in the Agreement depict the lands subject to the
conveyances.
(2) Public availability.--The maps and descriptions
referred to in the Agreement shall be on file and available for
public inspection in the offices of the Secretary of the
Interior and the Utah State Director of the Bureau of Land
Management.
(3) Conflict.--In case of conflict between the maps and the
legal descriptions, the legal descriptions shall control.
(d) Costs.--The United States and the State of Utah shall each bear
its own respective costs incurred in the implementation of this
section.
(e) Repeal of Public Law 103-93 and Public Law 104-211.--The
provisions of Public Law 103-93 (107 Stat. 995), other than section
7(b)(1), section 7(b)(3), and section 10(b) thereof, are hereby
repealed. Public Law 104-211 (110 Stat. 3013) is hereby repealed.
(f) Cash Payment Previously Authorized.--As previously authorized
and made available by section 7(b)(1) and (b)(3) of Public Law 103-93,
upon completion of all conveyances described in the Agreement, the
United States shall pay $50,000,000 to the State of Utah from funds not
otherwise appropriated from the Treasury.
(g) Schedule for Conveyances.--All conveyances under sections 2 and
3 of the Agreement shall be completed within 70 days after the
enactment of this Act.
SEC. 246. LAND EXCHANGE, ROUTT NATIONAL FOREST, COLORADO.
(a) Authorization of Exchange.--If the non-Federal lands described
in subsection (b) are conveyed to the United States in accordance with
this section, the Secretary of Agriculture shall convey to the party
conveying the non-Federal lands all right, title, and interest of the
United States in and to a parcel of land consisting of approximately 84
acres within the Routt National Forest in the State of Colorado, as
generally depicted on the map entitled ``Miles Land Exchange'', Routt
National Forest, dated May 1996.
(b) Receipt of Non-Federal Lands.--The parcel of non-Federal lands
referred to in subsection (a) consists of approximately 84 acres, known
as the Miles parcel, located adjacent to the Routt National Forest, as
generally depicted on the map entitled ``Miles Land Exchange'', Routt
National Forest, dated May 1996. Title to the non-Federal lands must be
acceptable to the Secretary of Agriculture, and the conveyance shall be
subject to such valid existing rights of record as may be acceptable to
the Secretary of Agriculture. The parcel shall conform with the title
approval standards applicable to Federal land acquisitions.
(c) Approximately Equal in Value.--The values of both the Federal
and non-Federal lands to be exchanged under this section are deemed to
be approximately equal in value, and no additional valuation
determinations are required.
(d) Applicability of Other Laws.--Except as otherwise provided in
this section, the Secretary of Agriculture shall process the land
exchange authorized by this section in the manner provided in subpart A
of part 254 of title 36, Code of Federal Regulations.
(e) Maps.--The maps referred to in subsections (a) and (b) shall be
on file and available for inspection in the office of the Forest
Supervisor, Routt National Forest, and in the office of the Chief of
the Forest Service.
(f) Boundary Adjustment.--Upon approval and acceptance of title by
the Secretary of Agriculture, the non-Federal lands conveyed to the
United States under this section shall become part of the Routt
National Forest, and the boundaries of the Routt National Forest shall
be adjusted to reflect the land exchange. Upon receipt of the non-
Federal lands, the Secretary of Agriculture shall manage the lands in
accordance with the laws and regulations pertaining to the National
Forest System. For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the
Routt National Forest, as adjusted by this section, shall be considered
to be the boundaries of the National Forest as of January 1, 1965.
(g) Additional Terms and Conditions.--The Secretary of Agriculture
may require such additional terms and conditions in connection with the
conveyances under this section as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 247. CONVEYANCE OF ADMINISTRATIVE SITE, ROGUE RIVER NATIONAL
FOREST, OREGON AND CALIFORNIA.
(a) Sale or Exchange Authorized.--The Secretary of Agriculture,
under such terms and conditions as the Secretary may prescribe, may
sell or exchange any or all right, title, and interest of the United
States in and to the Rogue River National Forest administrative site
depicted on the map entitled ``Rogue River Administrative Conveyance''
dated April 23, 1998, consisting of approximately 5.1 acres.
(b) Exchange Acquisitions.--The Secretary of Agriculture may
provide for the construction of administrative facilities in exchange
for a conveyance of the administrative site under subsection (a).
(c) Applicable Authorities.--Except as otherwise provided in this
section, any sale or exchange of an administrative site shall be
subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for National Forest System purposes.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary of Agriculture may accept a cash equalization payment in
excess of 25 percent of the value of an administrative site in an
exchange under subsection (a).
(e) Solicitations of Offers.--In carrying out this section, the
Secretary of Agriculture may--
(1) use solicitations of offers for sale or exchange on
such terms and conditions as the Secretary may prescribe; and
(2) reject any offer if the Secretary determines that the
offer is not adequate or not in the public interest.
(f) Disposition of Funds.--The proceeds of a sale or exchange under
subsection (a) shall be deposited in the fund established under Public
Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act) and shall
be available, until expended, for the construction or improvement of
offices and support buildings for combined use by the Forest Service
for the Rogue River National Forest, and by the Bureau of Land
Management.
(g) Revocation of Public Land Orders.--Notwithstanding any other
provision of law, to facilitate the sale or exchange of the
administrative site, public land orders withdrawing the administrative
site from all forms of appropriation under the public land laws are
revoked for any portion of the administrative site, upon conveyance of
that portion by the Secretary of Agriculture. The effective date of a
revocation made by this subsection shall be the date of the patent or
deed conveying the administrative site (or portion thereof).
SEC. 248. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OREGON.
(a) Transfer From the Bureau of Land Management to the United
States Fish and Wildlife Service.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the United States
Fish and Wildlife Service on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 12,100 acres of land in Lake County, Oregon,
located adjacent to or within the Hart Mountain National
Antelope Refuge, is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service.
(2) Inclusion in refuge.--The parcels of land described in
paragraph (1) shall be included in the Hart Mountain National
Antelope Refuge.
(3) Withdrawal.--Subject to valid existing rights, the
parcels of land described in paragraph (1)--
(A) are withdrawn from--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location and entry under the mining
laws; and
(B) shall be treated as parcels of land subject to
the provisions of Executive Order No. 7523 of December
21, 1936, as amended by Executive Order No. 7895 of May
23, 1938, and Presidential Proclamation No. 2416 of
July 25, 1940, that withdrew parcels of land for the
Hart Mountain National Antelope Refuge.
(4) Management.--The land described in paragraph (1) shall
be included in the Hart Mountain National Antelope Refuge and
managed in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other
applicable law and with management plans and agreements between
the Bureau of Land Management and the United States Fish and
Wildlife Service for the Hart Mountain Refuge.
(b) Continued Management of Guano Creek Wilderness Study Area by
the Bureau of Land Management.--
(1) In general.--The parcels of land identified for
cooperative management on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 10,900 acres of land in Lake County, Oregon,
located south of the Hart Mountain National Antelope Refuge,
shall be retained under the jurisdiction of the Bureau of Land
Management.
(2) Management.--The parcels of land described in paragraph
(1) that are within the Guano Creek Wilderness Study Area Act
shall be managed so as not to impair the suitability of the
area for designation as wilderness, in accordance with current
and future management plans and agreements (including the
agreement known as the ``Shirk Ranch Agreement'' dated
September 30, 1997), until such date as Congress enacts a law
directing otherwise.
(c) Transfer From the United States Fish and Wildlife Service to
the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the Bureau of Land
Management on the map entitled ``Hart Mountain Jurisdictional
Transfer'', dated February 26, 1998, comprising approximately
7,700 acres of land in Lake County, Oregon, located adjacent to
or within the Hart Mountain National Antelope Refuge, is
transferred from the United States Fish and Wildlife Service to
the Bureau of Land Management.
(2) Removal from refuge.--The parcels of land described in
paragraph (1) are removed from the Hart Mountain National
Antelope Refuge, and the boundary of the refuge is modified to
reflect that removal.
(3) Revocation of withdrawal.--The provisions of Executive
Order No. 7523 of December 21, 1936, as amended by Executive
Order No. 7895 of May 23, 1938, and Presidential Proclamation
No. 2416 of July 25, 1940, that withdrew the parcels of land
for the refuge, shall be of no effect with respect to the
parcels of land described in paragraph (1).
(4) Status.--The parcels of land described in paragraph
(1)--
(A) are designated as public land; and
(B) shall be open to--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location and entry under the mining
laws.
(5) Management.--The land described in paragraph (1) shall
be managed in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, and the agreement known as the ``Shirk Ranch
Agreement'' dated September 30, 1997.
(d) Map.--A copy of the map described in subsections (a), (b), and
(c) and such additional legal descriptions as are applicable shall be
kept on file and available for public inspection in the Office of the
Regional Director of Region 1 of the United States Fish and Wildlife
Service, the local District Office of the Bureau of Land Management,
the Committee on Energy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representatives.
(e) Correction of Reference to Wildlife Refuge.--Section 28 of the
Act of August 13, 1954 (68 Stat. 718, chapter 732; 72 Stat. 818; 25
U.S.C. 564w-1), is amended in subsections (f) and (g) by striking
``Klamath Forest National Wildlife Refuge'' each place it appears and
inserting ``Klamath Marsh National Wildlife Refuge''.
SEC. 249. SALE, LEASE, OR EXCHANGE OF IDAHO SCHOOL LAND.
The Act of July 3, 1890 (commonly known as the ``Idaho Admission
Act'') (26 Stat. 215, chapter 656), is amended by striking section 5
and inserting the following:
``SEC. 5. SALE, LEASE, OR EXCHANGE OF SCHOOL LAND.
``(a) Sale.--
``(1) In general.--Except as provided in subsection (c),
all land granted under this Act for educational purposes shall
be sold only at public sale.
``(2) Use of proceeds.--
``(A) In general.--Proceeds of the sale of school
land--
``(i) except as provided in clause (ii),
shall be deposited in the public school
permanent endowment fund and expended only for
the support of public schools; and
``(ii)(I) may be deposited in a land bank
fund to be used to acquire, in accordance with
State law, other land in the State for the
benefit of the beneficiaries of the public
school permanent endowment fund; or
``(II) if the proceeds are not used to
acquire other land in the State within a period
specified by State law, shall be transferred to
the public school permanent endowment fund.
``(B) Earnings reserve fund.--Earnings on amounts
in the public school permanent endowment fund shall be
deposited in an earnings reserve fund to be used for
the support of public schools of the State in
accordance with State law.
``(b) Lease.--Land granted under this Act for educational purposes
may be leased in accordance with State law.
``(c) Exchange.--
``(1) In general.--Land granted for educational purposes
under this Act may be exchanged for other public or private
land.
``(2) Valuation.--The values of exchanged lands shall be
approximately equal, or, if the values are not approximately
equal, the values shall be equalized by the payment of funds by
the appropriate party.
``(3) Exchanges with the united states.--
``(A) In general.--A land exchange with the United
States shall be limited to Federal land within the
State that is subject to exchange under the law
governing the administration of the Federal land.
``(B) Previous exchanges.--All land exchanges made
with the United States before the date of enactment of
this paragraph are approved.
``(d) Reservation for School Purposes.--Land granted for
educational purposes, whether surveyed or unsurveyed, shall not be
subject to preemption, homestead entry, or any other form of entry
under the land laws of the United States, but shall be reserved for
school purposes only.''.
SEC. 250. TRANSFER OF JURISDICTION OF CERTAIN PROPERTY IN SAN JOAQUIN
COUNTY, CALIFORNIA, TO BUREAU OF LAND MANAGEMENT.
(a) Transfer.--The property described in subsection (b) is hereby
transferred by operation of law upon the enactment of this Act from the
administrative jurisdiction of the Federal Bureau of Prisons, United
States Department of Justice, to the Bureau of Land Management, United
States Department of the Interior. The Attorney General of the United
States and the Secretary of the Interior shall take such actions as may
be necessary to carry out such transfer.
(b) Property Description.--The property referred to in subsection
(a) is a portion of a 200-acre property located in the San Joaquin
Valley, approximately 55 miles east of San Francisco, 2 miles to the
west of the City of Tracy, California, municipal limits, approximately
1.25 miles west of Interstate 5 (I-5) and \1/2\ mile southeast of the
I-580/I-205 split as indicated by Exhibit I-3, formerly a Federal
Aviation Administration (FAA) antenna field, known as the ``Tracy
Site''.
SEC. 251. CONVEYANCE, CAMP OWEN AND RELATED PARCELS, KERN COUNTY,
CALIFORNIA.
(a) Conveyance Required.--The Secretary of Agriculture shall
convey, without consideration, to Kern County, California, all right,
title, and interest of the United States in and to three parcels of
land under the jurisdiction of the Forest Service in Kern County, as
follows
(1) Approximately 104 acres known as Camp Owen.
(2) Approximately 4 acres known as Wofford Heights Park.
(3) Approximately 3.4 acres known as the French Gulch
maintenance yard.
(b) Condition on Conveyance.--The lands conveyed under this section
shall be subject to valid existing rights of record.
(c) Time for Conveyance.--The Secretary shall complete the
conveyance under this section within three months after the date of the
enactment of this Act.
(d) Legal Descriptions.--The exact acreage and legal description of
the lands to be conveyed under this section shall be determined by a
survey satisfactory to the Secretary.
SEC. 252. TREATMENT OF CERTAIN LAND ACQUIRED BY EXCHANGE, RED CLIFFS
DESERT RESERVE, UTAH.
(a) Limitation on Liability.--In support of the habitat
conservation plan of Washington County, Utah, for the protection of the
desert tortoise and surrounding habitat, the transfer of the land
described in subsection (b) from the city of St. George, Utah, to the
United States shall convey no liability on the United States that did
not already exist with the United States on the date of the transfer of
the land.
(b) Description of Land.--The land referred to in subsection (a) is
a parcel of approximately 15 acres of land located within the Red
Cliffs Desert Reserve in Washington County, Utah, that was formerly
used as a landfill by the city of St. George.
TITLE III--HERITAGE AREAS
Subtitle A--Delaware and Lehigh National Heritage Corridor of
Pennsylvania
SEC. 301. CHANGE IN NAME OF HERITAGE CORRIDOR.
The Delaware and Lehigh Navigation Canal National Heritage Corridor
Act of 1988 (Public Law 100-692; 102 Stat. 4552; 16 U.S.C. 461 note) is
amended by striking ``Delaware and Lehigh Navigation Canal National
Heritage Corridor'' each place it appears (except section 4(a)) and
inserting ``Delaware and Lehigh National Heritage Corridor''.
SEC. 302. PURPOSE.
Section 3(b) of such Act (102 Stat. 4552) is amended as follows:
(1) By inserting after ``subdivisions'' the following: ``in
enhancing economic development within the context of
preservation and''.
(2) By striking ``and surrounding the Delaware and Lehigh
Navigation Canal in the Commonwealth'' and inserting ``the
Corridor''.
SEC. 303. CORRIDOR COMMISSION.
(a) Membership.--Section 5(b) of such Act (102 Stat. 4553) is
amended as follows:
(1) In the matter preceding paragraph (1), by striking
``appointed not later than 6 months after the date of enactment
of this Act''.
(2) By striking paragraph (2) and inserting the following:
``(2) 3 individuals appointed by the Secretary upon
consideration of individuals recommended by the governor, of
whom--
``(A) 1 shall represent the Pennsylvania Department
of Conservation and Natural Resources;
``(B) 1 shall represent the Pennsylvania Department
of Community and Economic Development; and
``(C) 1 shall represent the Pennsylvania Historical
and Museum Commission.''.
(3) In paragraph (3), by striking ``the Secretary, after
receiving recommendations from the Governor, of whom'' and all
that follows through ``Delaware Canal region'' and inserting
the following: ``the Secretary upon consideration of
individuals recommended by the governor, of whom--
``(A) 1 shall represent a city, 1 shall represent a
borough, and 1 shall represent a township; and
``(B) 1 shall represent each of the 5 counties of
Luzerne, Carbon, Lehigh, Northampton, and Bucks in
Pennsylvania''.
(4) In paragraph (4)--
(A) By striking ``8 individuals'' and inserting ``9
individuals''.
(B) By striking ``the Secretary, after receiving
recommendations from the Governor, who shall have'' and
all that follows through ``Canal region. A vacancy''
and inserting the following: ``the Secretary upon
consideration of individuals recommended by the
governor, of whom--
``(A) 3 shall represent the northern region of the
Corridor;
``(B) 3 shall represent the middle region of the
Corridor; and
``(C) 3 shall represent the southern region of the
Corridor.
A vacancy''.
(b) Terms.--Section 5 of such Act (102 Stat. 4553) is amended by
striking subsection (c) and inserting the following:
``(c) Terms.--The following provisions shall apply to a member of
the Commission appointed under paragraph (3) or (4) of subsection (b):
``(1) Length of term.--The member shall serve for a term of
3 years.
``(2) Carryover.--The member shall serve until a successor
is appointed by the Secretary.
``(3) Replacement.--If the member resigns or is unable to
serve due to incapacity or death, the Secretary shall appoint,
not later than 60 days after receiving a nomination of the
appointment from the Governor, a new member to serve for the
remainder of the term.
``(4) Term limits.--A member may serve for not more than 6
years.''
SEC. 304. POWERS OF CORRIDOR COMMISSION.
(a) Conveyance of Real Estate.--Section 7(g)(3) of such Act (102
Stat. 4555) is amended in the first sentence by inserting ``or
nonprofit organization'' after ``appropriate public agency''.
(b) Cooperative Agreements.--Section 7(h) of such Act (102 Stat.
4555) is amended as follows:
(1) In the first sentence, by inserting ``any non-profit
organization,'' after ``subdivision of the Commonwealth,''.
(2) In the second sentence, by inserting ``such nonprofit
organization,'' after ``such political subdivision,''.
SEC. 305. DUTIES OF CORRIDOR COMMISSION.
Section 8(b) of such Act (102 Stat. 4556) is amended in the matter
preceding paragraph (1) by inserting ``, cultural, natural,
recreational, and scenic'' after ``interpret the historic''.
SEC. 306. TERMINATION OF CORRIDOR COMMISSION.
Section 9(a) of such Act (102 Stat. 4556) is amended by striking
``5 years after the date of enactment of this Act'' and inserting ``5
years after the date of enactment of the Omnibus National Parks and
Public Lands Act of 1998''.
SEC. 307. DUTIES OF OTHER FEDERAL ENTITIES.
Section 11 of such Act (102 Stat. 4557) is amended in the matter
preceding paragraph (1) by striking ``the flow of the Canal or the
natural'' and inserting ``directly affecting the purposes of the
Corridor''.
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
Section 12(a) of such Act (102 Stat. 4558) is amended by striking
``$350,000'' and inserting ``$650.000''.
SEC. 309. LOCAL AUTHORITY AND PRIVATE PROPERTY.
Such Act is further amended--
(1) by redesignating section 13 (102 Stat. 4558) as section
14; and
(2) by inserting after section 12 the following:
``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.
``The Commission shall not interfere with--
``(1) the private property rights of any person; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Pennsylvania or any political subdivision of
Pennsylvania.''.
SEC. 310. DUTIES OF THE SECRETARY.
Section 10 of such Act (102 Stat. 4557) is amended by striking
subsection (d) and inserting the following:
``(d) Technical Assistance and Grants.--The Secretary, upon request
of the Commission, is authorized to provide grants and technical
assistance to the Commission or units of government, nonprofit
organizations, and other persons, for development and implementation of
the Plan.''.
Subtitle B--Automobile National Heritage Area of Michigan
SEC. 311. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the industrial, cultural, and natural heritage legacies
of Michigan's automobile industry are nationally significant;
(2) in the areas of Michigan including and in proximity to
Detroit, Dearborn, Pontiac, Flint, and Lansing, the design and
manufacture of the automobile helped establish and expand the
United States industrial power;
(3) the industrial strength of automobile manufacturing was
vital to defending freedom and democracy in 2 world wars and
played a defining role in American victories;
(4) the economic strength of our Nation is connected
integrally to the vitality of the automobile industry, which
employs millions of workers and upon which 1 out of 7 United
States jobs depends;
(5) the industrial and cultural heritage of the automobile
industry in Michigan includes the social history and living
cultural traditions of several generations;
(6) the United Auto Workers and other unions played a
significant role in the history and progress of the labor
movement and the automobile industry;
(7) the Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Michigan to merit the involvement of the
Federal Government to develop programs and projects in
cooperation with the Automobile National Heritage Area
Partnership, Incorporated, the State of Michigan, and other
local and governmental bodies, to adequately conserve, protect,
and interpret this heritage for the educational and
recreational benefit of this and future generations of
Americans;
(8) the Automobile National Heritage Area Partnership,
Incorporated would be an appropriate entity to oversee the
development of the Automobile National Heritage Area; and
(9) 2 local studies, ``A Shared Vision for Metropolitan
Detroit'' and ``The Machine That Changed the World'', and a
National Park Service study, ``Labor History Theme Study: Phase
III; Suitability-Feasibility'', demonstrated that sufficient
historical resources exist to establish the Automobile National
Heritage Area.
(b) Purpose.--The purpose of this subtitle is to establish the
Automobile National Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, and the local communities in
Michigan and empower communities in Michigan to conserve their
automotive heritage while strengthening future economic
opportunities; and
(2) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Automobile National
Heritage Area.
SEC. 312. DEFINITIONS.
For purposes of this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
of the Partnership.
(2) Heritage area.--The term ``Heritage Area'' means the
Automobile National Heritage Area established by section 313.
(3) Partnership.--The term ``Partnership'' means the
Automobile National Heritage Area Partnership, Incorporated (a
nonprofit corporation established under the laws of the State
of Michigan).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 313. AUTOMOBILE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of Michigan
the Automobile National Heritage Area.
(b) Boundaries.--
(1) In general.--Subject to paragraph (2), the boundaries
of the Heritage Area shall include lands in Michigan that are
related to the following corridors:
(A) The Rouge River Corridor.
(B) The Detroit River Corridor.
(C) The Woodward Avenue Corridor.
(D) The Lansing Corridor.
(E) The Flint Corridor.
(F) The Sauk Trail/Chicago Road Corridor.
(2) Specific boundaries.--The specific boundaries of the
Heritage Area shall be those specified in the management plan
approved under section 315.
(3) Map.--The Secretary shall prepare a map of the Heritage
Area which shall be on file and available for public inspection
in the office of the Director of the National Park Service.
(4) Consent of local governments.--(A) The Partnership
shall provide to the government of each city, village, and
township that has jurisdiction over property proposed to be
included in the Heritage Area written notice of that proposal.
(B) Property may not be included in the Heritage Area if--
(i) the Partnership fails to give notice of the
inclusion in accordance with subparagraph (A);
(ii) any local government to which the notice is
required to be provided objects to the inclusion, in
writing to the Partnership, by not later than the end
of the period provided pursuant to clause (iii); or
(iii) fails to provide a period of at least 60 days
for objection under clause (ii).
(c) Administration.--The Heritage Area shall be administered in
accordance with this subtitle.
(d) Additions and Deletions of Lands.--The Secretary may add or
remove lands to or from the Heritage Area in response to a request from
the Partnership.
SEC. 314. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.
(a) In General.--The Partnership shall be the management entity for
the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Partnership may
receive amounts appropriated to carry out this subtitle.
(2) Disqualification.--If a management plan for the
Heritage Area is not submitted to the Secretary as required
under section 315 within the time specified in that section,
the Partnership shall cease to be authorized to receive Federal
funding under this subtitle until such a plan is submitted to
the Secretary.
(c) Authorities of Partnership.--The Partnership may, for purposes
of preparing and implementing the management plan for the Heritage
Area, use Federal funds made available under this subtitle--
(1) to make grants to the State of Michigan, its political
subdivisions, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State of Michigan, its political
subdivisions, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or
law requiring the recipient of such money to make a
contribution in order to receive such money; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Partnership
may not use Federal funds received under this subtitle to acquire real
property or any interest in real property.
SEC. 315. MANAGEMENT DUTIES OF THE AUTOMOBILE NATIONAL HERITAGE AREA
PARTNERSHIP.
(a) Heritage Area Management Plan.--
(1) Submission for review by secretary.--The Board of
Directors of the Partnership shall, within 3 years after the
date of enactment of this subtitle, develop and submit for
review to the Secretary a management plan for the Heritage
Area.
(2) Plan requirements, generally.--A management plan
submitted under this section shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) be prepared with public participation;
(C) take into consideration existing Federal,
State, county, and local plans and involve residents,
public agencies, and private organizations in the
Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to
take to protect the resources of the Heritage Area; and
(E) specify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area.
(3) Additional plan requirements.--The management plan also
shall include the following, as appropriate:
(A) An inventory of resources contained in the
Heritage Area, including a list of property in the
Heritage Area that should be conserved, restored,
managed, developed, or maintained because of the
natural, cultural, or historic significance of the
property as it relates to the themes of the Heritage
Area. The inventory may not include any property that
is privately owned unless the owner of the property
consents in writing to that inclusion.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the Heritage Area in a
manner consistent with the support of appropriate and
compatible economic viability.
(C) A program for implementation of the management
plan, including plans for restoration and construction
and a description of any commitments that have been
made by persons interested in management of the
Heritage Area.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this subtitle.
(E) An interpretive plan for the Heritage Area.
(4) Approval and disapproval of the management plan.--
(A) In general.--Not later than 180 days after
submission of the Heritage Area management plan by the
Board, the Secretary shall approve or disapprove the
plan. If the Secretary has taken no action after 180
days, the plan shall be considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the management plan, the Secretary shall
advise the Board, in writing, of the reasons for the
disapproval and shall make recommendations for revision
of the plan. The Secretary shall approve or disapprove
proposed revisions to the plan not later than 60 days
after receipt of such revisions from the Board. If the
Secretary has taken no action for 60 days after
receipt, the plan and revisions shall be considered
approved.
(b) Priorities.--The Partnership shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan for the Heritage Area, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the natural and cultural
resources in the Heritage Area;
(B) in establishing and maintaining interpretive
exhibits in the Heritage Area;
(C) in developing recreational opportunities in the
Heritage Area;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cultural
resources of the Heritage Area;
(E) in the restoration of historic buildings that
are located within the boundaries of the Heritage Area
and related to the theme of the Heritage Area; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The Partnership
shall, in preparing and implementing the management plan for the
Heritage Area, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within the
Heritage Area.
(d) Public Meetings.--The Partnership shall conduct public meetings
at least annually regarding the implementation of the Heritage Area
management plan.
(e) Annual Reports.--The Partnership shall, for any fiscal year in
which it receives Federal funds under this subtitle or in which a loan
made by the Partnership with Federal funds under section 314(c)(1) is
outstanding, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the entities to which it
made any loans and grants during the year for which the report is made.
(f) Cooperation With Audits.--The Partnership shall, for any fiscal
year in which it receives Federal funds under this subtitle or in which
a loan made by the Partnership with Federal funds under section
314(c)(1) is outstanding, make available for audit by the Congress, the
Secretary, and appropriate units of government all records and other
information pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and other
information pertaining to the expenditure of such funds.
(g) Delegation.--The Partnership may delegate the responsibilities
and actions under this section for each corridor identified in section
313(b)(1). All delegated actions are subject to review and approval by
the Partnership.
SEC. 316. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to units of government, nonprofit organizations, and
other persons upon request of the Partnership, and to the
Partnership, regarding the management plan and its
implementation.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of such
technical assistance or a grant to enact or modify land use
restrictions.
(3) Determinations regarding assistance.--The Secretary
shall decide if a unit of government, nonprofit organization,
or other person shall be awarded technical assistance or grants
and the amount of that assistance. Such decisions shall be
based on the relative degree to which the assistance
effectively fulfills the objectives contained in the Heritage
Area management plan and achieves the purposes of this
subtitle. Such decisions shall give consideration to projects
which provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the general public with
information regarding the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the Heritage Area shall
consider the potential effect of the activity on the Heritage Area
management plan and shall consult with the Partnership with respect to
the activity to minimize the adverse effects of the activity on the
Heritage Area.
SEC. 317. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Lack of Effect on Authority of Local Government.--Nothing in
this subtitle shall be construed to modify, enlarge, or diminish any
authority of Federal, State, or local governments to regulate any use
of land under any other law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this subtitle
shall be construed to grant powers of zoning or land use control to the
Partnership.
(c) Local Authority and Private Property Not Affected.--Nothing in
this subtitle shall be construed to affect or to authorize the
Partnership to interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Michigan or a political subdivision thereof.
SEC. 318. SUNSET.
The Secretary may not make any grant or provide any assistance
under this subtitle after September 30, 2014.
SEC. 319. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated under this
subtitle not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this subtitle.
(b) 50 Percent Match.--Federal funding provided under this
subtitle, after the designation of the Heritage Area, may not exceed 50
percent of the total cost of any activity carried out with any
financial assistance or grant provided under this subtitle.
Subtitle C--Miscellaneous Provisions
SEC. 321. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR,
MASSACHUSETTS AND RHODE ISLAND.
Section 10(b) of the Act entitled ``An Act to establish the
Blackstone River Valley National Heritage Corridor in Massachusetts and
Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), is amended by striking ``For fiscal year 1996, 1997,
and 1998,'' and inserting ``For fiscal years 1998, 1999, and 2000,''.
SEC. 322. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR,
ILLINOIS.
(a) Extension of Commission.--Section 111(a) of the Illinois and
Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98-
398; 98 Stat. 1456; 16 U.S.C. 461 note) is amended by striking ``ten''
and inserting ``20''.
(b) Repeal of Extension Authority.--Section 111 of such Act (16
U.S.C. 461 note) is further amended--
(1) by striking ``(a) Termination.--''; and
(2) by striking subsection (b).
TITLE IV--HISTORIC AREAS
SEC. 401. BATTLE OF MIDWAY NATIONAL MEMORIAL STUDY.
(a) Findings.--The Congress makes the following findings:
(1) September 2, 1998, marked the 53d anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against United States or allied forces.
(3) During the Battle of Midway on June 4, 1942, an
outnumbered force of the United States Navy, consisting of 29
ships and other units of the Armed Forces under the command of
Admiral Nimitz and Admiral Spruance, outmaneuvered and out-
fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway to express the enduring gratitude of the
American people for victory in the battle and to inspire future
generations of Americans with the heroism and sacrifice of the
members of the Armed Forces who achieved that victory.
(5) The historic structures on Midway Atoll should be
protected and maintained.
(b) Purpose.--The purpose of this section shall be to require a
study of the feasibility and suitability of designating the Midway
Atoll as a national memorial to the Battle of Midway within the
boundaries of the Midway Atoll National Wildlife Refuge. The study of
the Midway Atoll and its environs shall include, but not be limited to,
identification of interpretive opportunities for the educational and
inspirational benefit of present and future generations, and of the
unique and significant circumstances involving the defense of the
island by the United States in World War II and the Battle of Midway.
(c) Study of The Establishment of Midway Atoll as a National
Memorial to the Battle of Midway.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall carry out a study of the suitability and
feasibility of establishing Midway Atoll as a national memorial
to the Battle of Midway. The Secretary shall carry out the
study in consultation with the Director of the National Park
Service, the International Midway Memorial Foundation, Inc.
(referred to in this section as the ``Foundation''), the
Veterans of Foreign Wars, the Battle of Coral Sea Association,
the American Legion, or other appropriate veterans group,
respectively, and the Midway Phoenix Corporation.
(2) Considerations.--In studying the establishment of
Midway Atoll as a national memorial to the Battle of Midway
under paragraph (1), the Secretary shall address the following:
(A) The appropriate Federal agency to manage such a
memorial, and whether and under what conditions to
lease or otherwise allow the Foundation or another
appropriate entity to administer, maintain, and fully
utilize for use as a national memorial to the Battle of
Midway the lands (including any equipment, facilities,
infrastructure, and other improvements) and waters of
Midway Atoll if designated as a national memorial.
(B) Whether designation as a national memorial
would conflict with current management of Midway Atoll
as a wildlife refuge and whether, and under what
circumstances, the needs and requirements of the
wildlife refuge should take precedence over the needs
and requirements of a national memorial on Midway
Atoll.
(C) Whether, and under what conditions, to permit
the use of the facilities on Sand Island for purposes
other than a wildlife refuge or a national memorial.
(D) Whether to impose conditions on public access
to Midway Atoll if designated as a national memorial.
(d) Report.--Upon completion of the study required under paragraph
(1), the Secretary shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the study, which shall include any
recommendations for further legislative action. The report shall also
include an inventory of all known past and present facilities and
structures of historical significance on Midway Atoll and its environs.
The report shall include a description of each historic facility and
structure and a discussion of how each will contribute to the
designation and interpretation of the proposed national memorial.
(e) Continuing Discussions.--Nothing in this section shall be
construed to delay or prohibit discussions or agreements between the
Foundation, the Veterans of Foreign Wars, the Battle of Coral Sea
Association, the American Legion, or any other appropriate veterans
group, or the Midway Phoenix Corporation and the United States Fish and
Wildlife Service or any other Government entity regarding the future
role of the Foundation or the Midway Phoenix Corporation on Midway
Atoll.
(f) Existing Agreement.--This section shall not affect any
agreement in effect on the date of the enactment of this Act between
the United States Fish and Wildlife Service and Midway Phoenix
Corporation.
(g) Authorization.--There are authorized to be appropriated to
carry out this section not more than $100,000.
SEC. 402. HISTORIC LIGHTHOUSE PRESERVATION.
(a) Preservation of Historic Light Stations.--Title III of the
National Historic Preservation Act (16 U.S.C. 470w-470w-6) is amended
by adding the following new section after section 307:
``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.
``(a) In General.--In order to provide a national historic light
station program, the Secretary shall--
``(1) collect and disseminate information concerning
historic light stations, including historic lighthouses and
associated structures;
``(2) foster educational programs relating to the history,
practice, and contribution to society of historic light
stations;
``(3) sponsor or conduct research and study into the
history of light stations;
``(4) maintain a listing of historic light stations; and
``(5) assess the effectiveness of the program established
by this section regarding the conveyance of historic light
stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Within one year of the date of enactment of this
section, the Secretary and the Administrator of General
Services shall establish a process for identifying, and
selecting, an eligible entity to which a historic light station
could be conveyed for education, park, recreation, cultural, or
historic preservation purposes.
``(2) The Secretary shall review all applicants for the
conveyance of a historic light station, when the historic light
station has been identified as excess to the needs of the
agency with administrative jurisdiction over the historic light
station, and forward to the Administrator a single approved
application for the conveyance of the historic light station.
When selecting an eligible entity, the Secretary may consult
with the State Historic Preservation Officer of the state in
which the historic light station is located. A priority of
consideration shall be afforded public entities that submit
applications in which the public entity enters into a
partnership with a nonprofit organization whose primary mission
is historic light station preservation.
``(3)(A) Except as provided in paragraph (B), the
Administrator shall convey, by quitclaim deed, without
consideration, all right, title, and interest of the United
States in and to the historic light station, subject to the
conditions set forth in subsection (c). The conveyance of a
historic light station under this section shall not be subject
to the provisions of 42 U.S.C. 11301 et seq.
``(B)(i) Historic light stations located within the
exterior boundaries of a unit of the National Park System or a
refuge within the National Wildlife Refuge System shall be
conveyed or sold only with the approval of the Secretary.
``(ii) If the Secretary approves the conveyance or sale of
a historic light station referenced in this paragraph, such
conveyance or sale shall be subject to the conditions set forth
in subsection (c) and any other terms or conditions the
Secretary considers necessary to protect the resources of the
park unit or wildlife refuge.
``(iii) For those historic light stations referenced in
this paragraph, the Secretary is encouraged to enter
cooperative agreements with appropriate eligible entities, as
provided in this Act, to the extent such cooperative agreements
are consistent with the Secretary's responsibilities to manage
and administer the park unit or wildlife refuge, as
appropriate.
``(c) Terms of Conveyance.--
``(1) The conveyance of a historic light station shall be
made subject to any conditions the Administrator considers
necessary to ensure that--
``(A) the lights, antennas, sound signal,
electronic navigation equipment, and associated light
station equipment located at the historic light
station, which are active aids to navigation, shall
continue to be operated and maintained by the United
States for as long as needed for this purpose;
``(B) the eligible entity to which the historic
light station is conveyed under this section shall not
interfere or allow interference in any manner with aids
to navigation without the express written permission of
the head of the agency responsible for maintaining the
aids to navigation;
``(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation located at the historic light station as may
be necessary for navigation purposes;
``(D) the eligible entity to which the historic
light station is conveyed under this section shall
maintain the historic light station in accordance with
this Act, the Secretary's Standards for the Treatment
of Historic Properties, and other applicable laws;
``(E) the eligible entity to which the historic
light station is conveyed under this section shall make
the historic light station available for education,
park, recreation, cultural or historic preservation
purposes for the general public at reasonable times and
under reasonable conditions; and
``(F) the United States shall have the right, at
any time, to enter the historic light station without
notice for purposes of maintaining and inspecting aids
to navigation and ensuring compliance with paragraph
(C), to the extent that it is not possible to provide
advance notice.
``(2) The Secretary, the Administrator, and any eligible
entity to which a historic light station is conveyed under this
section, shall not be required to maintain any active aids to
navigation associated with a historic light station.
``(3) In addition to any term or condition established
pursuant to this subsection, the conveyance of a historic light
station shall include a condition that the historic light
station in its existing condition, at the option of the
Administrator, revert to the United States if--
``(A) the historic light station or any part of the
historic light station ceases to be available for
education, park, recreation, cultural, or historic
preservation purposes for the general public at
reasonable times and under reasonable conditions which
shall be set forth in the eligible entity's
application;
``(B) the historic light station or any part of the
historic light station ceases to be maintained in a
manner that ensures its present or future use as an aid
to navigation or compliance with this Act, the
Secretary's Standards for the Treatment of Historic
Properties, and other applicable laws; or
``(C) at least 30 days before the reversion, the
Administrator provides written notice to the owner that
the historic light station is needed for national
security purposes.
``(d) Description of Property.--The Administrator shall prepare the
legal description of any historic light station conveyed under this
section. The Administrator may retain all right, title, and interest of
the United States in and to any historical artifact, including any lens
or lantern, that is associated with the historic light station and
located at the light station at the time of conveyance. All conditions
placed with the deed of title to the historic light station shall be
construed as covenants running with the land. No submerged lands shall
be conveyed to non-Federal entities.
``(e) Responsibilities of Conveyees.--Each eligible entity to which
a historic light station is conveyed under this section shall use and
maintain the historic light station in accordance with this section,
and have such conditions recorded with the deed of title to the
historic light station.
``(f) Definitions.--For purposes of this section and sections 309
and 310:
``(1) Historic light station.--The term `historic light
station' includes the light tower, lighthouse, keepers
dwelling, garages, storage sheds, oil house, fog signal
building, boat house, barn, pumphouse, tramhouse support
structures, piers, walkways, and related real property and
improvements associated therewith; provided that the light
tower or lighthouse shall be included in or eligible for
inclusion in the National Register of Historic Places.
``(2) Eligible entity.--The term `eligible entity' shall
mean--
``(A) any department or agency of the Federal
government; or
``(B) any department or agency of the state in
which the historic light station is located, the local
government of the community in which the historic light
station is located, nonprofit corporation, educational
agency, or community development organization that--
``(i) has agreed to comply with the
conditions set forth in subsection (c) and to
have such conditions recorded with the deed of
title to the historic light station;
``(ii) is financially able to maintain the
historic light station in accordance with the
conditions set forth in subsection (c); and
``(iii) can indemnify the Federal
government to cover any loss in connection with
the historic light station, or any expenses
incurred due to reversion.
``(3) Administrator.--The term `Administrator' means the
Administrator of General Services.''.
(b) Sale of Excess Light Stations.--Title III of the National
Historic Preservation Act (16 U.S.C. 470w-470w-6) is amended by adding
the following new section after section 308:
``SEC. 309. HISTORIC LIGHT STATION SALES.
``In the event no applicants are approved for the conveyance of a
historic light station pursuant to section 308, the historic light
station shall be offered for sale. Terms of such sales shall be
developed by the Administrator. Conveyance documents shall include all
necessary covenants to protect the historical integrity of the historic
light station and ensure that any active aids to navigation located at
the historic light station are operated and maintained by the United
States for as long as needed for that purpose. Net sale proceeds shall
be transferred to the National Maritime Heritage Grant Program,
established by section 4 of the National Maritime Heritage Act of 1994
(Public Law 103-451; 16 U.S.C. 5403), within the Department of the
Interior.''.
(c) Transfer of Historic Light Stations to Federal Agencies.--Title
III of the National Historic Preservation Act (16 U.S.C. 470w-470w-6)
is amended by adding the following new section after section 309:
``SEC. 310. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.
``After the date of enactment of this section, any department or
agency of the Federal government, to which a historic light station is
conveyed, shall maintain the historic light station in accordance with
this Act, the Secretary's Standards for the Treatment of Historic
Properties, and other applicable laws.''.
(d) Funding.--There are hereby authorized to be appropriated to the
Secretary of the Interior such sums as may be necessary to carry out
this section.
SEC. 403. THOMAS COLE NATIONAL HISTORIC SITE, NEW YORK.
(a) Definitions.--As used in this section:
(1) The term ``historic site'' means the Thomas Cole
National Historic Site established by subsection (c).
(2) The term ``Hudson River artists'' means artists who
were associated with the Hudson River school of landscape
painting.
(3) The term ``plan'' means the general management plan
developed pursuant to subsection (e)(4).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Society'' means the Greene County Historical
Society of Greene County, New York, which owns the Thomas Cole
home, studio, and other property comprising the historic site.
(b) Findings and Purposes.--
(1) Findings.--Congress finds the following:
(A) The Hudson River school of landscape painting
was inspired by Thomas Cole and was characterized by a
group of 19th century landscape artists who recorded
and celebrated the landscape and wilderness of America,
particularly in the Hudson River Valley region in the
State of New York.
(B) Thomas Cole is recognized as America's most
prominent landscape and allegorical painter of the mid-
19th century.
(C) Located in Greene County, New York, the Thomas
Cole House, also known as Thomas Cole's Cedar Grove, is
listed on the National Register of Historic Places and
has been designated as a National Historic Landmark.
(D) Within a 15 mile radius of the Thomas Cole
House, an area that forms a key part of the rich
cultural and natural heritage of the Hudson River
Valley region, significant landscapes and scenes
painted by Thomas Cole and other Hudson River artists,
such as Frederic Church, survive intact.
(E) The State of New York has established the
Hudson River Valley Greenway to promote the
preservation, public use, and enjoyment of the natural
and cultural resources of the Hudson River Valley
region.
(F) Establishment of the Thomas Cole National
Historic Site will provide opportunities for the
illustration and interpretation of cultural themes of
the heritage of the United States and unique
opportunities for education, public use, and enjoyment.
(2) Purposes.--The purposes of this section are--
(A) to preserve and interpret the home and studio
of Thomas Cole for the benefit, inspiration, and
education of the people of the United States;
(B) to help maintain the integrity of the setting
in the Hudson River Valley region that inspired
artistic expression;
(C) to coordinate the interpretive, preservation,
and recreational efforts of Federal, State, and other
entities in the Hudson Valley region in order to
enhance opportunities for education, public use, and
enjoyment; and
(D) to broaden understanding of the Hudson River
Valley region and its role in American history and
culture.
(c) Establishment of Thomas Cole National Historic Site.--
(1) Establishment.--There is established, as an affiliated
area of the National Park System, the Thomas Cole National
Historic Site in the State of New York.
(2) Description.--The historic site shall consist of the
home and studio of Thomas Cole, comprising approximately 3.4
acres, located at 218 Spring Street, in the village of
Catskill, New York, as generally depicted on the boundary map
numbered TCH/80002, and dated March 1992.
(d) Retention of Ownership And Management of Historic Site By
Greene County Historical Society.--The Greene County Historical Society
of Greene County, New York, shall continue to own, manage, and operate
the historic site.
(e) Administration of Historic Site.--
(1) Applicability of national park system laws.--The
historic site shall be administered by the Society in a manner
consistent with this Act and all laws generally applicable to
units of the National Park System, including the Act of August
25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National
Park Service Organic Act), and the Act of August 21, 1935 (16
U.S.C. 461 et seq.; commonly known as the Historic Sites,
Buildings, and Antiquities Act).
(2) Cooperative agreements.--
(A) Assistance to society.--The Secretary may enter
into cooperative agreements with the Society to
preserve the Thomas Cole House and other structures in
the historic site and to assist with education programs
and research and interpretation of the Thomas Cole
House and associated landscapes.
(B) Other assistance.--To further the purposes of
this section, the Secretary may enter into cooperative
agreements with the State of New York, the Society, the
Thomas Cole Foundation, and other public and private
entities to facilitate public understanding and
enjoyment of the lives and works of the Hudson River
artists through the provision of assistance to develop,
present, and fund art exhibits, resident artist
programs, and other appropriate activities related to
the preservation, interpretation, and use of the
historic site.
(3) Artifacts and property.--
(A) Personal property generally.--The Secretary may
acquire personal property associated with, and
appropriate for, the interpretation of the historic
site.
(B) Works of art.--The Secretary may acquire works
of art associated with Thomas Cole and other Hudson
River artists for the purpose of display at the
historic site.
(4) General management plan.--Within two complete fiscal
years after the date of the enactment of this Act, the
Secretary shall develop a general management plan for the
historic site with the cooperation of the Society. Upon the
completion of the plan, the Secretary shall provide a copy of
the plan to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The plan shall include recommendations
for regional wayside exhibits, to be carried out through
cooperative agreements with the State of New York and other
public and private entitles. The plan shall be prepared in
accordance with section 12(b) of Public Law 91-383 (16 U.S.C.
1a-1 et seq.; commonly known as the National Park System
General Authorities Act).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 404. ADDITION OF THE PAOLI BATTLEFIELD TO THE VALLEY FORGE
NATIONAL HISTORICAL PARK.
(a) Boundary Modification.--Section 2(a) of the Act of July 4, 1976
(Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-1), is amended by
adding the following after the first sentence thereof: ``The park shall
also include the Paoli Battlefield, located in the Borough of Malvern,
Pennsylvania, as depicted on the map numbered ------ and dated --------
(hereinafter in this Act referred to as the `Paoli Battlefield
Addition').''
(b) Acquisition of Lands.--Section 4(a) of the Act of July 4, 1976
(Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-3), is amended by
adding the following before the period at the end thereof: ``, except
that there is authorized to be appropriated an additional amount of not
more than $2,500,000 for the acquisition of property within the Paoli
Battlefield Addition if non-Federal monies in the amount of not less
than $1,000,000 are available for the acquisition (and subsequent
donation to the National Park Service) of such property''.
(c) Cooperative Management.--Section 3 of the Act of July 4, 1976
(Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-2), is amended by
adding the following at the end thereof: ``The Secretary may enter into
a cooperative agreement with the Borough of Malvern for the management
by the Borough of the Paoli Battlefield Addition.''.
SEC. 405. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA.
(a) Findings.--The Congress finds and declares that--
(1) the Casa Malpais National Historic Landmark was
occupied by one of the largest and most sophisticated Mogollon
communities in the United States;
(2) the landmark includes a 58-room masonry pueblo,
including stairways, Great Kiva complex, and fortification
walls, a prehistoric trail, and catacomb chambers where the
deceased were placed;
(3) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1964; and
(4) the State of Arizona and the community of Springerville
are undertaking a program of interpretation and preservation of
the landmark.
(b) Purpose.--It is the purpose of this section to assist in the
preservation and interpretation of the Casa Malpais National Historic
Landmark for the benefit of the public.
(c) Cooperative Agreements.--
(1) In general.--In furtherance of the purpose of this
section, the Secretary of the Interior is authorized to enter
into cooperative agreements with the State of Arizona and the
town of Springerville, Arizona, pursuant to which the Secretary
may provide technical assistance to interpret, operate, and
maintain the Casa Malpais National Historic Landmark and may
also provide financial assistance for planning, staff training,
and development of the Casa Malpais National Historic Landmark,
but not including other routine operations.
(2) Additional provisions.--Any such agreement may also
contain provisions that--
(A) the Secretary, acting through the Director of
the National Park Service, shall have right to access
at all reasonable times to all public portions of the
property covered by such agreement for the purpose of
interpreting the landmark; and
(B) no changes or alterations shall be made in the
landmark except by mutual agreement between the
Secretary and the other parties to all such agreements.
(d) Appropriations.--There are authorized to be appropriated such
sums as may be necessary to provide financial assistance in accordance
with this section.
SEC. 406. LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK.
(a) Findings.--Congress finds that--
(1) immigration, and the resulting diversity of cultural
influences, is a key factor in defining American identity; the
majority of United States citizens trace their ancestry to
persons born in nations other than the United States;
(2) the latter part of the 19th century and the early part
of the 20th century marked a period in which the volume of
immigrants coming to the United States far exceeded that of any
time prior to or since that period;
(3) no single identifiable neighborhood in the United
States absorbed a comparable number of immigrants than the
Lower East Side neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in
New York City is an outstanding survivor of the vast number of
humble buildings that housed immigrants to New York City during
the greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long
associated with the immigrant experience in the United States,
New York's Lower East Side, and its importance to United States
history; and
(7) the National Park Service found the Lower East Side
Tenement at 97 Orchard Street to be nationally significant; the
Secretary of the Interior declared it a National Historic
Landmark on April 19, 1994, and the National Park Service
through a special resource study found the Lower East Side
Tenement suitable and feasible for inclusion in the National
Park System.
(b) Purposes.--The purposes of this section are--
(1) to ensure the preservation, maintenance, and
interpretation of this site and to interpret at the site the
themes of immigration, tenement life in the later half of the
19th century and the first half of the 20th century, the
housing reform movement, and tenement architecture in the
United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York
City's Lower East Side and its role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton,
Ellis Island, and Statue of Liberty National Monuments.
(c) Definitions.--As used in this section:
(1) Historic site.--The term ``historic site'' means the
Lower East Side Tenement at 97 Orchard Street on Manhattan
Island in New York City, New York, and designated as a national
historic site by subsection (d)(1).
(2) Lower East Side Tenement Museum.--The term ``Lower East
Side Tenement Museum'' means the Lower East Side Tenement
Museum, a nonprofit organization established in New York City,
which owns and operates the tenement building at 97 Orchard
Street and manages other properties in the vicinity of 97
Orchard Street as administrative and program support facilities
for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Establishment of Historic Site.--
(1) Designation.--To further the purposes of this section
and the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and antiquities
of national significance, and for other purposes'', approved
August 21, 1935 (16 U.S.C. 461 et seq.), the Lower East Side
Tenement at 97 Orchard Street, in the City of New York, State
of New York, is designated a national historic site to be known
as ``Lower East Side Tenement National Historic Site''.
(2) Status as affiliated site.--The Lower East Side
Tenement National Historic Site shall be an affiliated site of
the National Park System. The Secretary shall coordinate the
operation and interpretation of the historic site with that of
the Lower East Side Tenement Historic Site and the Statue of
Liberty, Ellis Island, and Castle Clinton National Monument, as
the historic site's story and interpretation of the immigrant
experience in the United States is directly related to the
themes and purposes of these national monuments.
(3) Ownership and operation.--The Lower East Side Tenement
National Historic Site shall continue to be owned, operated,
and managed by the Lower East Side Tenement Museum.
(e) Management of Historic Site.--
(1) Cooperative agreement.--The Secretary is authorized to
enter into a cooperative agreement with the Lower East Side
Tenement Museum to ensure the marking, interpretation, and
preservation of the historic site.
(2) Assistance.--The Secretary is authorized to provide
technical and financial assistance to the Lower East Side
Tenement Museum to mark, interpret, and preserve the historic
site, including the making of preservation-related capital
improvements and repairs.
(3) Management plan.--The Secretary shall, working with the
Lower East Side Tenement Museum, develop a general management
plan for the historic site to define the National Park
Service's roles and responsibilities with regard to the
interpretation and the preservation of the historic site. The
plan shall also outline how interpretation and programming for
the Lower East Side Tenement National Historic Site and the
Statue of Liberty, Ellis Island, and Castle Clinton national
monuments will be integrated and coordinated so as to enhance
the stories at each of the 4 sites. Such plan shall be
completed within 2 years after the enactment of this Act.
(4) Savings clause.--Nothing in this section authorizes the
Secretary to acquire the property at 97 Orchard Street or to
assume overall financial responsibility for the operation,
maintenance, or management of the Lower East Side Tenement
National Historic Site.
(f) Appropriations.--There are authorized to be appropriated such
sums as are necessary to carry out this section.
SEC. 407. GATEWAY VISITOR CENTER AUTHORIZATION, INDEPENDENCE NATIONAL
HISTORICAL PARK.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The National Park Service completed and
approved in 1997 a general management plan for
Independence National Historical Park that establishes
goals and priorities for the park's future.
(B) The general management plan for Independence
National Historical Park calls for the revitalization
of Independence Mall and recommends as a critical
component of the Independence Mall's revitalization the
development of a new ``Gateway Visitor Center''.
(C) Such a visitor center would replace the
existing park visitor center and would serve as an
orientation center for visitors to the park and to city
and regional attractions.
(D) Subsequent to the completion of the general
management plan, the National Park Service undertook
and completed a design project and master plan for
Independence Mall which includes the Gateway Visitor
Center.
(E) Plans for the Gateway Visitor Center call for
it to be developed and managed, in cooperation with the
Secretary of the Interior, by a nonprofit organization
which represents the various public and civic interests
of the greater Philadelphia metropolitan area.
(F) The Gateway Visitor Center Corporation, a
nonprofit organization, has been established to raise
funds for and cooperate in a program to design,
develop, construct, and operate the proposed Gateway
Visitor Center.
(2) Purpose.--The purpose of this section is to authorize
the Secretary of the Interior to enter into a cooperative
agreement with the Gateway Visitor Center Corporation to
construct and operate a regional visitor center on Independence
Mall.
(b) Gateway Visitor Center Authorization.--
(1) Agreement.--The Secretary of the Interior, in
administering the Independence National Historical Park, may
enter into an agreement under appropriate terms and conditions
with the Gateway Visitor Center Corporation (a nonprofit
corporation established under the laws of the State of
Pennsylvania) to facilitate the construction and operation of a
regional Gateway Visitor Center on Independence Mall.
(2) Operations of center.--The Agreement shall authorize
the Corporation to operate the Center in cooperation with the
Secretary and to provide at the Center information,
interpretation, facilities, and services to visitors to
Independence National Historical Park, its surrounding historic
sites, the city of Philadelphia, and the region, in order to
assist in their enjoyment of the historic, cultural,
educational, and recreational resources of the greater
Philadelphia area.
(3) Management-related activities.--The Agreement shall
authorize the Secretary to undertake at the Center activities
related to the management of Independence National Historical
Park, including, but not limited to, provision of appropriate
visitor information and interpretive facilities and programs
related to Independence National Historical Park.
(4) Activities of corporation.--The Agreement shall
authorize the Corporation, acting as a private nonprofit
organization, to engage in activities appropriate for operation
of a regional visitor center that may include, but are not
limited to, charging fees, conducting events, and selling
merchandise, tickets, and food to visitors to the Center.
(5) Use of revenues.--Revenues from activities engaged in
by the Corporation shall be used for the operation and
administration of the Center.
(6) Protection of park.--Nothing in this section authorizes
the Secretary or the Corporation to take any actions in
derogation of the preservation and protection of the values and
resources of Independence National Historical Park.
(7) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means an
agreement under this section between the Secretary and
the Corporation.
(B) Center.--The term ``Center'' means a Gateway
Visitor Center constructed and operated in accordance
with the Agreement.
(C) Corporation.--The term ``Corporation'' means
the Gateway Visitor Center Corporation (a nonprofit
corporation established under the laws of the State of
Pennsylvania).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 408. TUSKEGEE AIRMEN NATIONAL HISTORIC SITE, ALABAMA.
(a) Definitions.--As used in this section:
(1) Historic site.--The term ``historic site'' means the
Tuskegee Airmen National Historic Site as established by
subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tuskegee airmen.--The term ``Tuskegee Airmen'' means
the thousands of men and women who served in America's African-
American Air Force units of World War II and shared in the
Tuskegee Experience.
(4) Tuskegee university.--The term ``Tuskegee University''
means the institution of higher education by that name located
in the State of Alabama and founded by Booker T. Washington in
1881, formerly named Tuskegee Institute.
(b) Findings.--The Congress finds the following:
(1) The struggle of African-Americans for greater roles in
North American military conflicts spans the 17th, 18th, 19th,
and 20th centuries. Opportunities for African-American
participation in the United States military were always very
limited and controversial. Quotas, exclusion, and racial
discrimination were based on the prevailing attitude in the
United States, particularly on the part of the United States
military, that African-Americans did not possess the
intellectual capacity, aptitude, and skills to be successful
fighters.
(2) By the early 1940's these perceptions continued within
the United States military. Key leaders within the United
States Army Air Corps did not believe that African-Americans
possessed the capacity to become successful military pilots.
After succumbing to pressure exerted by civil rights groups and
the black press, the Army decided to train a small number of
African-American pilot cadets under special conditions.
Although prejudice and discrimination against African-Americans
was a national phenomenon, not just a southern trait, it was
more intense in the South where it had hardened into rigidly
enforced patterns of segregation. Such was the environment
where the military chose to locate the training of the Tuskegee
Airmen.
(3) The military selected Tuskegee Institute (now known as
Tuskegee University) as a civilian contractor for a variety of
reasons. These included the school's existing facilities,
engineering and technical instructors, and a climate with ideal
flying conditions year round. Tuskegee Institute's strong
interest in providing aeronautical training for African-
American youths was also an important factor. Students from the
school's civilian pilot training program had some of the best
test scores when compared to other students from programs
across the Southeast.
(4) In 1941 the United States Army Air Corps awarded a
contract to Tuskegee Institute to operate a primary flight
school at Moton Field. Tuskegee Institute (now known as
Tuskegee University) chose an African-American contractor who
designed and constructed Moton Field, with the assistance of
its faculty and students, as the site for its military pilot
training program. The field was named for the school's second
president, Robert Russa Moton. Consequently, Tuskegee Institute
was one of a very few American institutions (and the only
African-American institution) to own, develop, and control
facilities for military flight instruction.
(5) Moton Field, also known as the Primary Flying Field or
Airport Number 2, was the only primary flight training facility
for African-American pilot candidates in the United States Army
Air Corps during World War II. The facility symbolizes the
entrance of African-American pilots into the United States Army
Air Corps, although on the basis of a policy of segregation
that was mandated by the military and institutionalized in the
South. The facility also symbolizes the singular role of
Tuskegee Institute (Tuskegee University) in providing
leadership as well as economic and educational resources to
make that entry possible.
(6) The Tuskegee Airmen were the first African-American
soldiers to complete their training successfully and to enter
the United States Army Air Corps. Almost 1,000 aviators were
trained as America's first African-American military pilots. In
addition, more than 10,000 military and civilian African-
American men and women served as flight instructors, officers,
bombardiers, navigators, radio technicians, mechanics, air
traffic controllers, parachute riggers, electrical and
communications specialists, medical professionals, laboratory
assistants, cooks, musicians, supply, firefighting, and
transportation personnel.
(7) Although military leaders were hesitant to use the
Tuskegee Airmen in combat, the Airmen eventually saw
considerable action in North Africa and Europe. Acceptance from
United States Army Air Corps units came slowly, but their
courageous and, in many cases, heroic performance earned them
increased combat opportunities and respect.
(8) The successes of the Tuskegee Airmen proved to the
American public that African-Americans, when given the
opportunity, could become effective military leaders and
pilots. This helped pave the way for desegregation of the
military, beginning with President Harry S Truman's Executive
Order 9981 in 1948. The Tuskegee Airmen's success also helped
set the stage for civil rights advocates to continue the
struggle to end racial discrimination during the civil rights
movement of the 1950's and 1960's.
(9) The story of the Tuskegee Airmen also reflects the
struggle of African-Americans to achieve equal rights, not only
through legal attacks on the system of segregation, but also
through the techniques of nonviolent direct action. The members
of the 477th Bombardment Group, who staged a nonviolent
demonstration to desegregate the officer's club at Freeman
Field, Indiana, helped set the pattern for direct action
protests popularized by civil rights activists in later
decades.
(c) Purposes.--The purposes of this section are the following:
(1) To benefit and inspire present and future generations
to understand and appreciate the heroic legacy of the Tuskegee
Airmen, through interpretation and education, and the
preservation of cultural resources at Moton Field, which was
the site of primary flight training.
(2) To commemorate and interpret the impact of the Tuskegee
Airmen during World War II; the training process for the
Tuskegee Airmen including the roles played by Moton Field,
other training facilities, and related sites; the strategic
role of Tuskegee Institute (Tuskegee University) in the
training; the African-American struggle for greater
participation in the United States military and more
significant roles in defending their country; the significance
of successes of the Tuskegee Airmen in leading to desegregation
of the United States military shortly after World War II; and
the impacts of Tuskegee Airmen accomplishments on subsequent
civil rights advances of the 1950's and 1960's.
(d) Establishment of the Tuskegee Airmen National Historic Site.
(1) In general.--There is hereby established as a unit of
the National Park System the Tuskegee Airmen National Historic
Site, in association with Tuskegee University, in the State of
Alabama.
(2) Description.--The total historic site, after the
conditions are met for its full development and management, and
subsequent to agreements to donate land by Tuskegee University
and the city of Tuskegee, shall consist of approximately 90
acres, known as Moton Field, in Macon County, Alabama, as
generally depicted on a map entitled ``Alternative C, Living
History: Tuskegee Airmen Experience'', dated June 1998. Such
map shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(e) Property Acquisition.--The Secretary may acquire by donation,
exchange, or purchase with donated or appropriated funds the real
property described in subsection (d)(2), except that any property owned
by the State of Alabama or any political subdivision thereof or
Tuskegee University may be acquired only by donation. It is understood
that property donated by Tuskegee University shall be used only for
purposes consistent with this Act in commemorating the Tuskegee Airmen.
The initial donation of land by Tuskegee University shall consist of
approximately 35 acres with the remainder of the acreage to be donated
by Tuskegee University after agreement is reached regarding the
development and management of the Tuskegee Airmen National Center. The
Secretary may also acquire by the same methods personal property
associated with, and appropriate for, the interpretation of the
historic site.
(f) Administration of Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the laws
generally applicable to units of the National Park System,
including the Act of August 25, 1916 (39 Stat. 535), and the
Act of August 21, 1935 (49 Stat. 666).
(2) Role of tuskegee institute national historic site.--
Tuskegee Institute National Historic Site shall serve as the
principal administrative facility for the historic site.
(3) Role of tuskegee university.--Tuskegee University shall
serve as the principal partner with the National Park Service,
and other Federal agencies mutually agreed upon, for the
leadership, organization, development, and management of the
historic site.
(4) Role of tuskegee airmen.--The Tuskegee Airmen shall
assist the principal partners for the historic site in
fundraising for the development of visitor facilities and
programs, and provide artifacts, memorabilia, and historical
research for interpretive exhibits.
(5) Development.--The general management plan for the
operation and development of the historic site shall reflect
Alternative C, Living History: The Tuskegee Airmen Experience,
as expressed in the draft special resource study entitled
``Moton Field/Tuskegee Airmen Special Resource Study'', dated
June 1998. Subsequent development of the historic site, with
the approval of Tuskegee University, shall reflect Alternative
D.
(6) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements with Tuskegee University, other
nonhigher educational institutions, the Tuskegee
Airmen, individuals, private and public organizations,
and other Federal agencies in furtherance of the
purposes of this Act. The Secretary shall recognize the
concern of Tuskegee University for the wise management,
use, and development of the historic site, and shall
consult with Tuskegee University in the formulation of
any cooperative agreement that may affect the historic
site.
(B) Tuskegee airmen national center.--The Secretary
may enter into a cooperative agreement with Tuskegee
University to define and implement the public/private
partnership needed to develop the historic site,
including the Tuskegee Airmen National Center on the
grounds of the historic site. The purpose of the center
shall be to extend the ability to relate more fully the
story of the Tuskegee Airmen at Moton Field. The center
shall house a Tuskegee Airmen Memorial and provide
large exhibit space for the display of period aircraft
and equipment used by the Tuskegee Airmen and a
Tuskegee University Department of Aviation Science. It
is the intent of the Congress that interpretive
programs for visitors benefit from the school's active
pilot training instruction program, and that the
training program will provide a historical continuum of
flight training in the tradition of the Tuskegee
Airmen. The Tuskegee University Department of Aviation
Science may be located in historic buildings within the
Moton Field complex until the Tuskegee Airmen National
Center has been completed.
(C) Report.--Within one year after the date of the
enactment of this Act, the Secretary and Tuskegee
University, in consultation with the Tuskegee Airmen,
shall prepare a report on the partnership needed to
develop and operate the Tuskegee Airmen National
Center, and submit the report to the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate. Subject to the approval of the Congress, the
Secretary and Tuskegee University may enter into a
cooperative agreement to permit the development of the
Center. Before the balance of the land is donated and
before the development of the Tuskegee Airmen National
Center can proceed, a cooperative agreement acceptable
to the Secretary and Tuskegee University must be
executed.
(7) General management plan.--Within 2 complete fiscal
years after funds are first made available to carry out this
section, the Secretary shall prepare, with the full
participation of Tuskegee University, a general management plan
for the historic site and submit the plan to the Committee on
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 409. LITTLE ROCK CENTRAL HIGH SCHOOL NATIONAL HISTORIC SITE,
ARKANSAS.
(a) Findings.--The Congress finds that--
(1) the 1954 United States Supreme Court decision of Brown
v. Board of Education, which mandated an end to the segregation
of public schools, was one of the most significant court
decisions in the history of the United States;
(2) the admission of 9 African-American students, known as
the ``Little Rock Nine'', to Little Rock's Central high School
as a result of the Brown decision, was the most prominent
national example of the implementation of the Brown decision,
and served as a catalyst for the integration of other,
previously segregated public schools in the United States;
(3) 1997 marked the 70th anniversary of the construction of
Central High School, which has been named by the American
Institute of Architects as ``the most beautiful high school
building in America'';
(4) Central High School was included on the National
Register of Historic Places in 1977 and designated by the
Secretary of the Interior as a national historic landmark in
1982 in recognition of its national significance in the
development of the civil rights movement in the United States;
and
(5) the designation of Little Rock Central High School as a
unit of the National Park System will recognize the significant
role the school played in the desegregation of public schools
in the South and will interpret for future generations the
events associated with early desegregation of Southern schools.
(b) Purpose.--The purpose of this section is to preserve, protect,
and interpret for the benefit, education, and inspiration of present
and future generations, Central High School in Little Rock, Arkansas,
and its role in the integration of public schools and the development
of the civil rights movement in the United States.
(c) Establishment of Central High School National Historic Site.--
(1) Establishment.--The Little Rock Central High School
national historic site in the State or Arkansas (referred to in
this section as the ``historic site'') is hereby established as
a unit of the National Park System. The historic site shall
consist of lands and interests therein comprising the Central
High School campus in Little Rock, Arkansas, as generally
depicted on a map entitled ____________ and dated June 1998.
Such map shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
(2) Administration of historic site.--The Secretary of the
Interior (referred to in this section as the ``Secretary'')
shall administer the historic site in accordance with this
section and the laws generally applicable to units of the
National Park System, including the Act of August 25, 1916 (16
U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461-
467): Provided, That nothing in this section shall affect the
authority of the Little Rock School District to administer
Little Rock Central High School.
(3) Cooperative agreements.--(A) The Secretary may enter
into cooperative agreements with appropriate public and private
agencies, organizations, and institutions (including, but not
limited to, the State of Arkansas, the city of Little Rock, the
Little Rock School District, Central High Museum, Inc., Central
High Neighborhood, Inc., or the University of Arkansas) in
furtherance of the purposes of this Act.
(B) The Secretary shall coordinate visitor interpretation
of the historic site with the Little Rock School District and
the Central High School Museum, Inc.
(4) General management plan.--Within 2 years after the date
funds are made available, the Secretary shall prepare a general
management plan for the historic site.
(5) Continuing educational use.--The Secretary shall
consult and coordinate with the Little Rock School District in
the development of the general management plan and in the
administration of the historic site so as to not interfere with
the continuing use of Central High School as an educational
institution.
(6) Acquisition of property.--The Secretary is authorized
to acquire by purchase with donated or appropriated funds, by
exchange, or donation the lands and interests therein located
within the boundaries of the historic site, except that the
Secretary may only acquire lands or interests therein with the
consent of the owner thereof and lands or interests therein
owned by the State of Arkansas or a political subdivision
thereof, may only be acquired by donation or exchange.
(d) Desegregation in Public Education Theme Study.--
(1) Theme study.--Within 2 years after the date funds are
made available, the Secretary shall prepare and transmit to the
Committee on Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate a national historic
landmark theme study (hereinafter referred to as the ``theme
study'') on the history of desegregation in public education.
The purpose of the theme study shall be to identify sites,
districts, buildings, structures, and landscapes that best
illustrate or commemorate key events or decisions in the
historical movement to provide for racial desegregation in
public education. On the basis of the theme study, the
Secretary shall identify possible new national historic
landmarks appropriate to this theme and prepare a list in order
of importance or merit of the most appropriate sites for
national historic landmark designation.
(2) Opportunities for education and research.--The theme
study shall identify appropriate means to establish linkages
between sites identified in paragraph (1) and between those
sites and the Central High School National Historic Site
established in this section and with other existing units of
the National Park System to maximize opportunities for public
education and scholarly research on desegregation in public
education. The theme study also shall recommend opportunities
for cooperative arrangements with State and local governments,
educational institutions, local historical organizations, and
other appropriate entities to preserve and interpret key sites
in the history of desegregation in public education.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with 1 or more major educational
institutions, public history organizations, or civil rights
organizations knowledgeable about desegregation in public
education to prepare the theme study and to ensure that the
theme study meets scholarly standards.
(4) Theme study coordination with general management
plan.--The theme study shall be prepared as part of the
preparation and development of the general management plan for
the Little Rock Central High School National Historic Site
established in this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 410. SAND CREEK MASSACRE NATIONAL HISTORIC SITE STUDY.
(a) Findings.--Congress finds that--
(1) on November 29, 1864, Colonel John M. Chivington led a
group of 700 armed soldiers to a peaceful Cheyenne village of
more than 100 lodges on the Big Sandy, also known as Sand
Creek, located within the Territory of Colorado, and in a
running fight that ranged several miles upstream along the Big
Sandy, slaughtered several hundred Indians in Chief Black
Kettle's village, the majority of whom were women and children;
(2) the incident was quickly recognized as a national
disgrace and investigated and condemned by 2 congressional
committees and a military commission;
(3) although the United States admitted guilt and
reparations were provided for in article VI of the Treaty of
Little Arkansas of October 14, 1865 (14 Stat. 703) between the
United States and the Cheyenne and Arapaho Tribes of Indians,
those treaty obligations remain unfulfilled;
(4) land at or near the site of the Sand Creek Massacre may
be available for purchase from a willing seller; and
(5) the site is of great significance to the Cheyenne and
Arapaho Indian descendants of those who lost their lives at the
incident at Sand Creek and to their tribes, and those
descendants and tribes deserve the right of open access to
visit the site and rights of cultural and historical observance
at the site.
(b) Definitions.--For purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior acting through the Director of the National
Park Service.
(2) Site.--The term ``site'' means the Sand Creek massacre
site described in subsection (a).
(3) Tribes.--The term ``Tribes'' means--
(A) the Cheyenne and Arapaho Tribe of Oklahoma;
(B) the Northern Cheyenne Tribe; and
(C) the Northern Arapaho Tribe.
(c) Study.--
(1) In general.--Not later than 18 months after the date on
which funds are made available for the purpose of this section,
the Secretary, in consultation with the Tribes and the State of
Colorado, shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a resource study of the site.
(2) Contents.--The study under paragraph (1) shall--
(A) identify the location and extent of the
massacre area and the suitability and feasibility of
designating the site as a unit of the National Park
System; and
(B) include cost estimates for any necessary
acquisition, development, operation and maintenance,
and identification of alternatives for the management,
administration, and protection of the area.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 411. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
ENHANCEMENT AND PROTECTION.
(a) Findings.--The Congress finds the following:
(1) The National Park Service has insufficient funds for
the operation, maintenance, and rehabilitation of certain units
of the National Park System.
(2) Federal full fee ownership of structures and lands that
are not consistent with the purposes for which a national
historical park was established and that are essential only to
the protection of such a park is not always required to
preserve the aesthetic, natural, cultural, and historical
values of national historical parks.
(3) The sale or lease, or any extension of a sale or lease,
of secondary structures and surplus lands of national
historical parks that are not consistent with the purposes for
which the parks were established and that are essential only to
the protection of such parks, could generate needed funds while
preserving the values for which the parks were established, if
adequate protection of natural, aesthetic, recreational,
cultural, and historical values is assured by appropriate
terms, covenants, conditions, or reservations.
(4) There are some secondary structures and surplus lands
of the Chesapeake and Ohio Canal National Historical Park that
need not be owned by the Federal Government in fee simple to
achieve the benefits for which the park was established.
(b) Definitions.--In this section:
(1) Surplus land.--The term ``surplus land'' means land
owned by the United States that--
(A) is controlled by the Secretary, is administered
as part of the Chesapeake and Ohio Canal National
Historical Park, and was first included in the park in
the period beginning January 1, 1972, and ending
December 31, 1983;
(B) is not consistent with the purposes for which
the park was established; and
(C) is determined by the Secretary to be surplus to
the purposes of national historical parks.
(2) Secondary Structures.--The term ``secondary
structure''--
(A) except as provided in subparagraph (B), means a
structure (including associated land) that--
(i) is controlled by the Secretary and
administered as part of the Chesapeake and Ohio
Canal National Historical Park, and was first
included in the park in the period beginning
January 1, 1972, and ending December 31, 1983;
(ii) is not historic under National
Register on Historic Places criteria; and
(iii) is determined by the Secretary to be
surplus to the purposes of national historical
parks; and
(B) does not include any structure or land that is
determined by the Secretary to be part of the essence
of the Chesapeake and Ohio Canal National Historical
Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Allowing Private Acquisition or Use of Secondary Structures and
Surplus Land.--
(1) Determination of secondary structures and surplus
land.--The Secretary shall review the lands and structures that
are controlled by the Secretary and administered as part of the
Chesapeake and Ohio Canal National Historical Park and
determine whether any of those lands or structures are
secondary structures or surplus lands, respectively.
(2) Allowing private acquisition or use.--The Secretary,
after determining it to be in the public interest and after
publication of notice in the Federal Register and 30 days for
public comment, may in accordance with this section sell,
lease, permit the use of, or extend a lease or use permit for,
any land and structure determined by the Secretary to be a
secondary structure or surplus land, respectively.
(d) Requirements.--
(1) Competition.--Except as provided in paragraph (3), any
sale or lease of property under this section shall be made
under full and open competition.
(2) Costs.--The Secretary shall ensure that the terms of
any sale, lease, or use permit under this section are
sufficient to recover the costs to the United States of
awarding and administering the sale, lease, or permit. The
Secretary shall require that a person acquiring, leasing, or
using property under this section shall bear all reasonable
costs of appraisal incidental to such conveyance, lease, or
use, as determined by the Secretary.
(3) Reacquisition by original owner.--Before disposing of
any secondary structure or surplus land under this section, the
Secretary shall, to the extent possible, provide the person or
persons from whom the structure or land was acquired by the
United States, or their heirs, as determined from the deed and
land records for the property, an opportunity to reacquire the
structure or land by negotiated sale, lease, or use permit. The
Secretary shall publish a notice in an appropriate regional or
local newspaper in an attempt to locate such persons.
(4) Notice to congress.--The Secretary shall report to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate each
conveyance, lease, or issuance of a use permit for property
under this section having a total value greater than $150,000,
at least 30 days prior to consummation of the transaction.
(e) Protection of Historical Integrity of Park.--In order to
protect the natural, aesthetic, recreational, cultural, or historic
values of the Chesapeake and Ohio Canal National Historical Park, the
Secretary shall include in any sale, lease, or use permit under this
section any terms, covenants, conditions, or reservations necessary to
ensure preservation of the public interest and uses consistent with the
purposes for which the park was established.
(f) Use of Revenues.--Amounts received by the United States as
proceeds from any sale, lease, or use of a secondary structure or
surplus land under this section in excess of the administrative cost of
the sale, lease, or use--
(1) shall be deposited in a special fund in the Treasury;
and
(2) shall be available to the Secretary, without further
appropriation, for operation, maintenance, or improvement of,
or for the acquisition of land or interests therein for, the
Chesapeake and Ohio Canal National Historical Park.
TITLE V--SAN RAFAEL SWELL
SEC. 501. SHORT TITLE.
This title may be cited as the ``San Rafael Swell National Heritage
and Conservation Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) Advisory council.--The term ``Advisory Council'' means
the San Rafael Swell National Conservation Area Advisory
Council established under section 525.
(2) Conservation area.--The term ``conservation area''
means the San Rafael Swell National Conservation Area
established by section 522.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) National heritage area.--The term ``national heritage
area'' means the San Rafael Swell National Heritage Area
established by section 513.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Semi-primitive area.--The term ``semi-primitive area''
means any area designated as a semi-primitive nonmotorized use
area under section 542.
Subtitle A--San Rafael Swell National Heritage Area
SEC. 511. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This subtitle may be cited as the ``San Rafael
Swell National Heritage Area Act''.
(b) Findings.--Congress finds the following:
(1) The history of the American West is one of the most
significant chapters of United States history, and the major
themes and images of the history of the American West provide a
legacy that has done much to shape the contemporary culture,
attitudes, and values of the American West and the United
States.
(2) The San Rafael Swell region of the State of Utah was
one of the country's last frontiers and possesses important
historical, cultural, and natural resources that are
representative of the central themes associated with the
history of the American West, including themes of pre-Columbian
and Native American culture, exploration, pioneering,
settlement, ranching, outlaws, prospecting and mining, water
development and irrigation, railroad building, industrial
development, and the utilization and conservation of natural
resources.
(3) The San Rafael Swell region contains important
historical sites, including sections of the Old Spanish Trail,
the Outlaw Trail, the Green River Crossing, and numerous sites
associated with cowboy, pioneer, and mining history.
(4) The heritage of the San Rafael Swell region includes
the activities of many prominent historical figures of the old
American West, such as Chief Walker, John Wesley Powell, Kit
Carson, John C. Fremont, John W. Gunnison, Butch Cassidy, John
W. Taylor, and the Swasey brothers.
(5) The San Rafael Swell region has a notable history of
coal and uranium mining, and a rich cultural heritage of
activities associated with mining, such as prospecting,
railroad building, immigrant workers, coal camps, labor union
movements, and mining disasters.
(6) The San Rafael Swell region is widely recognized for
its significant paleontological resources and dinosaur bone
quarries, including the Cleveland Lloyd Dinosaur Quarry which
was designated as a National Natural Landmark in 1966.
(7) The beautiful rural landscapes, historic and cultural
landscapes, and spectacular scenic vistas of the San Rafael
Swell region contain significant undeveloped recreational
opportunities for people throughout the United States.
(8) Museums and visitor centers have already been
constructed in the San Rafael Swell region, including the John
Wesley Powell River History Museum, the College of Eastern Utah
Prehistoric Museum, the Museum of the San Rafael, the Western
Mining and Railroad Museum, the Emery County Pioneer Museum,
and the Cleveland Lloyd Dinosaur Quarry, and these museums are
available to interpret the themes of the national heritage area
established by this title and to coordinate the interpretive
and preservation activities of the area.
(9) Despite the efforts of the State of Utah, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the San Rafael Swell region have not realized
their full potential and may be lost without assistance from
the Federal Government.
(10) Many of the historical, cultural, and scientific sites
of the San Rafael Swell region are located on lands owned by
the Federal Government and are managed by the Bureau of Land
Management or the United States Forest Service.
(11) The preservation of the cultural, historical, natural,
and recreational resources of the San Rafael Swell region
within a regional framework requires cooperation among local
property owners and Federal, State, and local government
entities.
(12) Partnerships between Federal, State, and local
governments, local and regional entities of these governments,
and the private sector offer the most effective opportunities
for the enhancement and management of the cultural, historical,
natural, and recreational resources of the San Rafael Swell
region.
(c) Purposes.--The purposes of this subtitle are--
(1) to establish the San Rafael Swell National Heritage
Area to promote the preservation, conservation, interpretation,
and development of the historical, cultural, natural, and
recreational resources related to the historical, cultural, and
industrial heritage of the San Rafael Swell region of the State
of Utah, which includes the counties of Carbon and Emery, and
portions of the county of Sanpete;
(2) to encourage within the national heritage area a broad
range of economic and recreational opportunities to enhance the
quality of life for present and future generations;
(3) to assist the State of Utah, political subdivisions of
the State and their local and regional entities, and nonprofit
organizations, or combinations thereof, in preparing and
implementing a heritage plan for the national heritage area and
in developing policies and programs that will preserve,
enhance, and interpret the cultural, historical, natural,
recreational, and scenic resources of the heritage area; and
(4) to authorize the Secretary of the Interior to provide
financial assistance and technical assistance to support the
preparation and implementation of the heritage plan for the
national heritage area.
SEC. 512. DESIGNATION.
There is hereby designated the San Rafael Swell National Heritage
Area.
SEC. 513. DEFINITIONS.
For purposes of this subtitle:
(1) Compact.--The term ``compact'' means an agreement
described in section 515(a).
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by the Congress and made
available to the Heritage Council for the purposes of preparing
and implementing a heritage plan.
(3) Heritage area.--The term ``Heritage Area'' means the
San Rafael Swell National Heritage Area established by this
subtitle.
(4) Heritage plan.--The term ``heritage plan'' means a plan
described in section 515(b).
(5) Heritage council.--The term ``Heritage Council'' means
the entity designated in the compact for a National Heritage
Area and described in section 516(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Technical assistance.--The term ``technical
assistance'' includes--
(A) assistance by the Secretary in the preparation
of any heritage plan, compact, or resource inventory;
and
(B) professional guidance provided by the
Secretary.
(8) Unit of government.--The term ``unit of government''
means the government of a State, a political subdivision of a
State, or an Indian tribe.
SEC. 514. GRANTS, TECHNICAL ASSISTANCE, AND OTHER DUTIES AND
AUTHORITIES OF FEDERAL AGENCIES.
(a) Grants.--
(1) In general.--The Secretary may make grants for the
purposes of this subtitle to any unit of government or to the
Heritage Council.
(2) Permitted and prohibited uses of grants.--
(A) Permitted uses.--Grants made under this section
may be used for reports, studies, interpretive
exhibits, historic preservation projects, construction
of cultural, recreational, and interpretive facilities
that are open to the public, and such other
expenditures as are consistent with this subtitle.
(B) Prohibited uses.--Grants made under this
section may not be used for acquisition of real
property or any interest in real property.
(3) Applicability of restrictions to subgrants.--For
purposes of paragraph (2), any subgrant made from funds
received as a grant (or subgrant) made under this section shall
be treated as a grant made under this section.
(4) Protection of federal investment.--Any grant made under
this section shall be subject to an agreement that conversion,
use, or disposal of the project so assisted for purposes
contrary to the purposes of this subtitle, as determined by the
Secretary, shall result in a right of the United States to
compensation equal to the greater of--
(A) all Federal funds made available to such
project under this subtitle; or
(B) the proportion of the increased value of the
project attributable to such funds, as determined at
the time of such conversion, use, or disposal.
(b) Technical Assistance.--The Secretary may provide technical
assistance with respect to this subtitle.
(c) Duration of Eligibility for Grants and Technical Assistance.--
The Secretary may not provide any grant, and may provide only limited
technical assistance, under this subtitle after the expiration of the
10-year period beginning on the date of the designation of the National
Heritage Area.
(d) Disqualification for Federal Funding.--If a heritage plan
meeting the requirements of section 515(b) is not forwarded to the
Secretary as required under section 516(b)(1) within the time specified
in section 516(b)(1), the Secretary may not, after such time, provide
technical assistance or grants under this subtitle until such a
heritage plan for the National Heritage Area is developed and forwarded
to the Secretary.
(e) Other Duties and Authorities of Secretary.--
(1) Signing of compact.--The Secretary shall sign or
withhold signature on any proposed compact submitted under this
subtitle not later than 90 days after receiving the proposed
compact. If the Secretary withholds signature on the proposed
compact, the Secretary shall advise the submitter, in writing,
of the reasons. The Secretary shall sign or withhold signature
on each proposed revision to the proposed compact not later
than 90 days after receiving the proposed revision. A submitter
shall hold a public meeting in the immediate vicinity of the
proposed National Heritage Area before making any major
revisions in any proposed compact submitted under this
subtitle.
(2) Monitoring of national heritage area.--The Secretary
shall monitor the National Heritage Area. Monitoring of the
National Heritage Area shall include monitoring to ensure
compliance with the terms of the compact for the area.
(f) Duties of Federal Entities.--Any Federal entity conducting or
supporting activities within the National Heritage Area, and any unit
of government acting pursuant to a grant of Federal funds or a Federal
permit or agreement and conducting or supporting such activities,
shall, to the maximum extent practicable--
(1) consult with the Secretary and the Heritage Council for
the National Heritage Area with respect to such activities; and
(2) cooperate with the Secretary and the Heritage Council
in the carrying out of the duties of the Secretary and the
Heritage Council under this subtitle, and coordinate such
activities to minimize any real or potential adverse impact on
the National Heritage Area.
(g) Prohibition of Certain Requirements.--The Secretary may not, as
a condition of the award of technical assistance or financial
assistance under this section, require any recipient of such assistance
to enact or modify land use restrictions.
SEC. 515. COMPACT AND HERITAGE PLAN.
(a) Compact.--
(1) In general.--The compact submitted under this subtitle
with respect to the National Heritage Area shall consist of an
agreement entered into by the Secretary, the Secretary of
Agriculture, and the Governor of Utah or a designee of the
Governor, in coordination with the Heritage Council. Such
agreement shall define the area, describe anticipated programs
for the area, and include information relating to the
objectives and management of the area. Such information shall
include, but need not be limited to, each of the following:
(A) Boundaries.--A delineation of the boundaries of
the National Heritage Area. Such boundaries shall
include the land generally depicted on the map entitled
San Rafael Swell National Heritage-Conservation Area
Proposed, dated June 12, 1998, which shall be on file
and available for public inspection in the office of
the Director of the Bureau of Land Management.
(B) Management entity.--An identification and
description of the Heritage Council.
(C) Non-federal participants.--A list of the
initial participants to be involved in developing and
implementing the heritage plan and a statement of the
financial commitment of those participants.
(D) Goals, objectives, and conceptual framework.--A
discussion of the goals, objectives, and cost of the
National Heritage Area, including an explanation of--
(i) the conceptual framework, proposed by
the partners referred to in subparagraph (C),
for development and implementation of the
heritage plan for the National Heritage Area;
and
(ii) the costs associated with the
conceptual framework.
(E) Role of state.--A description of the role of
the State of Utah.
(2) Consistency with economic viability.--The compact
submitted under this subtitle shall be consistent with
continued economic viability in the communities within the
National Heritage Area.
(3) Initiation of actions.--Actions called for in the
compact shall be initiated within a reasonable time after
designation of the National Heritage Area and shall ensure
effective implementation of the State and local aspects of the
compact.
(b) Heritage Plan.--
(1) In general.--The heritage plan forwarded to the
Secretary under this subtitle shall be a plan which sets forth
the strategy to implement the goals and objectives of the
National Heritage Area. The heritage plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the area;
(B) be prepared with public participation;
(C) take into consideration existing Federal,
State, county, and local plans and involve residents,
private property owners, public agencies, and private
organizations in the area;
(D) include a description of actions that units of
government and private organizations could take to
protect the resources of the area; and
(E) specify existing and potential sources of
funding for the conservation, management, and
development of the area.
(2) Additional information.--The heritage plan forwarded to
the Secretary under this subtitle also shall include the
following, as appropriate:
(A) Inventory of resources.--An inventory of
important natural, cultural, or historic resources
which illustrate the themes of the National Heritage
Area.
(B) Recommendations for management.--A
recommendation of policies for management of the
historical, cultural, and natural resources and the
recreational and educational opportunities of the area
in a manner consistent with the support of appropriate
and compatible economic viability.
(C) Program and commitments.--A program for
implementation of the heritage plan by the Heritage
Council and specific commitments, for the first 5 years
of operation of the heritage plan, by the partners
identified in the compact.
(D) Analysis of coordination.--An analysis of means
by which Federal, State, and local programs may best be
coordinated to promote the purposes of this subtitle.
(E) Interpretive plan.--An interpretive plan for
the National Heritage Area.
(3) Relationship to conservation area management plan.--The
heritage plan and the conservation area management plan shall
not be inconsistent. However, nothing in the heritage plan may
supersede the management plan for the conservation area under
section 533, with respect to the application of the management
plan to the conservation area.
SEC. 516. HERITAGE COUNCIL.
(a) In General.--The management entity for the National Heritage
Area shall be known as the ``Heritage Council''. The Heritage Council
shall be an entity that reflects a broad cross-section of interests
within the National Heritage Area and shall include--
(1) at least 1 representative of one or more units of
government in the State of Utah;
(2) representatives of interested or affected groups; and
(3) private property owners who reside within the National
Heritage Area.
(b) Duties.--The Heritage Council shall fulfill each of the
following requirements:
(1) Heritage plan.--Not later than 3 years after the date
of the designation of the National Heritage Area, the Heritage
Council shall develop and forward to the Secretary and to the
Governor of Utah a heritage plan in accordance with the compact
under subsection (a).
(2) Priorities.--The Heritage Council shall give priority
to the implementation of actions, goals, and policies set forth
in the compact and heritage plan for the National Heritage
Area, including assisting units of government and others in--
(A) carrying out programs which recognize important
resource values within the National Heritage Area;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive
exhibits in the area;
(D) developing recreational and educational
opportunities in the area;
(E) increasing public awareness of and appreciation
for the natural, historical, and cultural resources of
the area;
(F) restoring historic buildings that are located
within the boundaries of the area and relate to the
theme of the area; and
(G) ensuring that clear, consistent, and
appropriate signs identifying public access points and
sites of interest are put in place throughout the area.
(3) Consideration of interests of local groups.--The
Heritage Council shall, in developing and implementing the
heritage plan for the National Heritage Area, consider the
interests of diverse units of government, businesses, private
property owners, and nonprofit groups within the geographic
area.
(4) Public meetings.--The Heritage Council shall conduct
public meetings at least annually regarding the implementation
of the heritage plan for the National Heritage Area. The
Heritage Council shall place a notice of each such meeting in a
newspaper of general circulation in the area and shall make the
minutes of the meeting available to the public.
SEC. 517. LACK OF EFFECT ON LAND USE REGULATION.
(a) Lack of Effect on Authority of Governments.--Nothing in this
subtitle shall be construed to modify, enlarge, or diminish any
authority of Federal, State, and local governments to regulate any use
of land as provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
subtitle shall be construed to grant powers of zoning or land use to
the management entity for the National Heritage Area.
(c) BLM Authority.--
(1) In general.--Nothing in this subtitle shall be
construed to modify, enlarge, or diminish the authority of the
Secretary or the Bureau of Land Management with respect to
lands under the administrative jurisdiction of the Bureau.
(2) Cooperation.--In carrying out this subtitle, the
Secretary shall work cooperatively under the Federal Land
Policy and Management Act of 1976 with the Forest Service, the
Heritage Council under section 516, State and local
governments, and private entities.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for grants
made and technical assistance provided under subsections (a) and (b),
respectively, of section 514, and the administration of such grants and
assistance, not more than $1,000,000 annually, to remain available
until expended.
(b) Annual Allocation for Grants.--In any fiscal year, not less
than 70 percent of the funds obligated under this subtitle shall be
used for grants made under section 514(a).
(c) Limitation on Percent of Cost.--
(1) In general.--Federal funding provided under this
subtitle, after the designation of the National Heritage Area,
for any technical assistance or grant with respect to the area
may not exceed 50 percent of the total cost of the assistance
or grant. Federal funding provided under this subtitle with
respect to an area before the designation of the area as the
National Heritage Area may not exceed an amount proportionate
to the level of local support of and commitment to the
designation of the area.
(2) Treatment of donations.--The value of property or
services donated by non-Federal sources and used for management
of the National Heritage Area shall be treated as non-Federal
funding for purposes of paragraph (1).
(d) Limitation on Total Funding.--Not more than a total of
$10,000,000 may be made available under this section with respect to
the National Heritage Area.
(e) Allocation of Appropriations.--Notwithstanding any other
provision of law, no funds appropriated or otherwise made available to
the Secretary to carry out this subtitle--
(1) may be obligated or expended by any person unless the
appropriation of such funds has been allocated in the manner
prescribed by this subtitle; or
(2) may be obligated or expended by any person in excess of
the amount prescribed by this subtitle.
Subtitle B--San Rafael Swell National Conservation Area
SEC. 521. DEFINITION OF PLAN.
In this subtitle, the term ``plan'' means the comprehensive
management plan developed for the national conservation area under
section 523, including such revisions thereto as may be required in
order to implement this subtitle.
SEC. 522. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--In order to preserve and maintain heritage,
tourism, recreational, historical, scenic, archaeological,
paleontological, biological, cultural, scientific, educational, and
economic resources, there is hereby established the San Rafael Swell
National Conservation Area.
(b) Area Included.--The conservation area shall consist of all
public lands within the exterior boundaries of the conservation area,
comprised of approximately 630,000 acres, as generally depicted on the
map entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, including areas depicted within those
boundaries on that map as ``Proposed Wilderness'', ``Proposed Bighorn
Sheep Management Area'', ``Scenic Visual Area of Critical Environmental
Concern'', and ``Semi-Primitive Non-Motorized Use Areas''.
(c) Map and Legal Description.--As soon as is practicable after
enactment of this Act, the map referred to in subsection (b) and a
legal description of the conservation area shall be filed by the
Secretary with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. Such map and 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 map and legal
description. Such map and description shall be on file and available
for public inspection in the office of the Director and the Utah State
Director of the Bureau of Land Management of the Department of the
Interior.
(d) Withdrawals.--Subject to valid existing rights, the Federal
lands within the conservation area are hereby withdrawn from all forms
of entry, appropriation, or disposal under the public land laws; and
from entry, application, and selection under the Act of March 3, 1877
(Ch. 107, 19 Stat. 377, 43 U.S.C. 321 et seq.; commonly referred to as
the ``Desert Lands Act''), section 4 of the Act of August 18, 1894 (Ch.
301, 28 Stat. 422; 43 U.S.C. 641; commonly referred to as the ``Carey
Act''), section 2275 of the Revised Statutes, as amended (43 U.S.C.
851), and section 2276 of the Revised Statutes (43 U.S.C. 852). The
Secretary shall return to the applicants any such applications pending
on the date of enactment of this Act, without further action. Subject
to valid existing rights, as of the date of enactment of this Act,
lands within the conservation area are withdrawn from location under
the general mining laws, the operation of the mineral and geothermal
leasing laws, and the mineral material disposal laws, except that
mineral materials subject to disposal may be made available from
existing sites to the extent compatible with the purposes for which the
conservation area is established.
(e) Closure to Forestry.--The Secretary shall prohibit all
commercial sale of trees, portions of trees, and forest products
located in the conservation area.
SEC. 523. MANAGEMENT.
(a) In General.--The Secretary shall, in consultation with the
Advisory Council and subject to valid existing rights, manage the
conservation area to conserve, protect, and enhance the resources of
the conservation area referred to in section 522(a), the Federal Land
Policy and Management Act of 1976, and other applicable laws.
(b) Uses.--The Secretary shall allow such uses of the conservation
area as are specified in the management plan developed under subsection
(b) and that the Secretary finds will further the conservation,
protection, enhancement, public use, and enjoyment of the resource
values referred to in section 522(a). Except when needed for
administrative and emergency purposes, the uses of motorized vehicles
in the conservation area shall be permitted only on roads and trails
specifically designated for such use as part of the management plan
prepared pursuant to subsection (c).
(c) Management Plan.--No later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the Advisory
Council, shall develop a comprehensive plan for the long-range
management and protection of the conservation area. The plan shall be
developed with full opportunity for public participation and comment,
and shall contain provisions designed to assure access to an protection
of the heritage, tourism, recreational, historical, scenic,
archaeological, paleontological, biological, cultural, scientific,
educational, and economic resources and values of the conservation
area.
(d) Visitors.--
(1) Visitors center.--The Secretary may establish, in
cooperation with the Advisory Council and other public or
private entities as the Secretary considers appropriate, a
visitors center designed to interpret the history and the
geological, ecological, natural, cultural, and other resources
of the conservation area.
(2) Visitors use of area.--In addition to the Visitors
Center, the Secretary may provide for visitor use of the public
lands in the conservation area to such extent and in such
manner as the Secretary considers consistent with the purposes
for which the conservation area is established. To the extent
practicable, the Secretary shall make available to visitors and
other members of the public a map of the conservation area and
such other educational and interpretive materials as may be
appropriate.
(e) Cooperative Agreements.--The Secretary may provide technical
assistance to, and enter into such cooperative agreements and contracts
with, the State of Utah and with local governments and private entities
as the Secretary deems necessary or desirable to carry out the purposes
and policies of this subtitle.
SEC. 524. ADDITIONS.
(a) Addition to Conservation Area.--Any lands located within the
boundaries of the conservation area that are acquired by the United
States on or after the date of enactment of this Act shall become a
part of the conservation area and shall be subject to this subtitle.
(b) Land Exchanges To Resolve Conflicts.--The Secretary shall,
within 4 years after the date of enactment of this Act, study,
identify, and initiate voluntary land exchanges which would resolve
ownership-related land use conflicts within the conservation area.
Lands may be acquired under this subsection only from willing sellers.
SEC. 525. ADVISORY COUNCIL.
(a) Establishment.--There is established the San Rafael Swell
National Conservation Area Advisory Council. The Advisory Council shall
advise the Secretary regarding management of the conservation area.
(b) Membership.--
(1) In general.--The Advisory Council shall consist of 11
members appointed by the Secretary from among persons who are
representative of the various major citizen's interests
concerned with the management of the public lands located in
the conservation area. Of the members--
(A) 2 shall be appointed from individuals
recommended by the Governor of the State of Utah;
(B) 4 shall be appointed from individuals
recommended by the Board of Commissioners of Emery
County, Utah, and shall include a representative of
each of the Emery County Public Lands Council and the
San Rafael Regional Heritage Council recognized under
section 514(a);
(C) 1 shall be the Director of the Bureau of Land
Management in the State of Utah, or his or her
designee; and
(D) 4 shall be selected by the Secretary.
(2) Appointment process.--The Secretary shall appoint the
members of the Advisory Council in accordance with rules
prescribed by the Secretary.
(3) Terms.--(A) The term of members of the Advisory Council
shall be a period established by the Secretary, which may not
exceed 4 years and which, except as provided by subparagraph
(B), shall be the same for all members.
(B) In appointing the initial members of the Advisory
Council, the Secretary shall, for a portion of the members,
specify terms that are shorter than the period established
under subparagraph (A), as necessary to achieve staggering of
terms.
(c) Chairperson.--The Advisory Council shall have a Chairperson,
who shall be selected by the Advisory Council from among its members.
(d) Meetings.--The Advisory Council shall meet at least twice each
year, at the call of the Secretary or the Chairperson.
(e) Pay and Expenses.--Members of the Advisory Council shall serve
without pay, except travel and per diem shall be paid to each member
for meetings called by the Secretary or the Chairperson.
(f) Furnishing Advice.--The Advisory Council may furnish advice to
the Secretary with respect to the planning and management of the public
lands within the conservation area and such other matters as may be
referred to it by the Secretary.
(g) Termination.--The Advisory Council shall terminate 10 years
after the date of the enactment of this Act, unless otherwise extended
by law.
SEC. 526. RELATIONSHIP TO OTHER LAWS AND ADMINISTRATIVE PROVISIONS.
(a) Public Land Laws.--Except as otherwise specifically provided in
this title, nothing in this subtitle shall be construed as limiting the
applicability to lands in the conservation area of laws applicable to
public lands generally, including but not limited to the National
Historic Preservation Act (16 U.S.C. 470 et seq.), the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or the
Native American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.).
(b) Non-BLM Land.--Nothing in this subtitle shall be construed as
by itself altering the status of any lands that on the date of
enactment of this Act were not managed by the Bureau of Land
Management.
SEC. 527. COMMUNICATIONS EQUIPMENT.
Nothing in this title shall be construed to prohibit the Secretary
from authorizing the installation of communications equipment in the
conservation area for public safety purposes, other than within areas
designated as wilderness, to the highest practicable degree consistent
with requirements and restrictions otherwise applicable to the
conservation area.
Subtitle C--Wilderness Areas Within Conservation Area
SEC. 531. DESIGNATION OF WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following lands in the conservation
area, as generally depicted on the map entitled ``San Rafael Swell
National Heritage/Conservation Area Proposed'', dated June 12, 1998,
are hereby designated as wilderness and therefore as components of the
National Wilderness Preservation System:
(1) Crack Canyon Wilderness Area, consisting of
approximately 25,624 acres.
(2) Mexican Mountain Wilderness Area, consisting of
approximately 27,257 acres.
(3) Muddy Creek Wilderness Area, consisting of
approximately 39,348 acres.
(4) San Rafael Reef Wilderness Area, consisting of
approximately 48,227 acres.
(b) Map and Description.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a legal
description of each area designated as wilderness by subsection (a)
with the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate. Each map and
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 maps and legal descriptions. Each 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, and the office
of the State Director of the Bureau of Land Management in the State of
Utah, Department of the Interior.
SEC. 532. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights and the full
exercise of those rights, each area designated as wilderness by this
title shall be administered by the Secretary in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Incorporation of Acquired Lands and Interests.--Any lands or
interest in lands within the boundaries of an area designated as
wilderness by this title that is acquired by the United States after
the date of the enactment of this Act shall be added to and
administered as part of the wilderness area within which the acquired
lands or interest in lands are located.
(c) Management Plans.--As soon as possible after the date of the
enactment of this Act, the Secretary, in cooperation with the Advisory
Council, shall prepare plans in accordance with section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to
manage the areas designated as wilderness by this title.
SEC. 533. LIVESTOCK.
Grazing of livestock in areas designated as wilderness by this
title, where such grazing is established before the date of the
enactment of this Act--
(1) may not be reduced, increased, or withdrawn, except
based solely on scientific analyses of range conditions; and
(2) shall be administered in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-1126.
SEC. 534. WILDERNESS RELEASE.
(a) Finding.--The Congress finds and directs that public lands
administered by the Bureau of Land Management within the conservation
area in the County of Emery, Utah, that are depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, have been adequately studied for
wilderness designation pursuant to section 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782).
(b) Release.--Any public lands administered by the Bureau of Land
Management within the conservation area in the County of Emery, Utah,
that are depicted on the map entitled ``San Rafael Swell National
Heritage/Conservation Area Proposed'', dated June 12, 1998, and that
are not designated as wilderness by this title are no longer subject to
section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)). Such lands shall be managed for public uses as
defined in section 103(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702(c)) and in accordance with land management
plans adopted pursuant to section 202 of such Act (43 U.S.C. 1712) and
this title.
Subtitle D--Other Special Management Areas Within Conservation Area
SEC. 541. SAN RAFAEL SWELL DESERT BIGHORN SHEEP MANAGEMENT AREA.
(a) Establishment and Purposes.--
(1) Establishment.--There is hereby established in the
conservation area the San Rafael Swell Desert Bighorn Sheep
Management Area (in this section referred to as the
``management area'').
(2) Purposes.--The purposes of the management area are the
following:
(A) To provide for the prudent management of Desert
Bighorn Sheep and their habitat in the Sid's Mountain
area of the conservation area.
(B) To provide opportunities for watchable
wildlife, hunting, and scientific study of Desert
Bighorn Sheep and their habitat.
(C) To provide a seed source for other Desert
Bighorn Sheep herds, and a gene pool to protect genetic
diversity within the Desert Bighorn Sheep species.
(D) To provide educational opportunities to the
public regarding Desert Big Horn Sheep and their
environs.
(E) To maintain the natural qualities of the lands
and habitat of the management area to the extent
practicable with prudent management of desert bighorn
sheep.
(b) Area Included.--The management area shall consist of
approximately 73,909 acres of federally owned lands and interests
therein managed by the Bureau of Land Management as generally depicted
on the map entitled ``San Rafael Swell National Heritage/Conservation
Area Proposed'', dated June 12, 1998.
(c) Management and Use.--
(1) In general.--Except as otherwise provided in this
section, the management area and use of the management area
shall be subject to all requirements and restrictions that
apply to the conservation area.
(2) Mechanized travel.--The Secretary shall not allow any
mechanized travel in the management area, except--
(A) mechanized travel that is in accordance with
the plan; and
(B) mechanized travel by personnel of the Utah
Division of Wildlife Resources and the Bureau of Land
Management, including overflights of aircraft and
landings of helicopters, may be allowed as needed to
manage the Desert Bighorn Sheep and their habitat.
(3) Desert bighorn sheep management.--The Secretary and the
Utah Division of Wildlife Resources may use such management
tools as are needed to provide for the sustainability of the
Desert Bighorn Sheep herd and the range resource of the
management area, including animal transplanting (both into and
out of the management area), hunting, water development,
fencing, surveys, prescribed fire, control of noxious or
invading weeds, and predator control.
(4) Wildlife viewing.--The Secretary, in cooperation with
the State of Utah and the Advisory Council, shall manage the
management area to provide opportunities for the public to view
Desert Bighorn Sheep in their natural habitat. However, the
Secretary may restrict mechanized and nonmechanized visitation
to sensitive areas during critical seasons as needed to provide
for the proper management of the Desert Bighorn Sheep herd of
the management area.
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the management area in the management plan for the
conservation area under section 523.
(2) Contents.--The management plan for the management area
shall establish goals and management steps to be taken within
the management area to achieve the purposes of the management
area under subsection (a)(2).
(3) Participation.--The Secretary shall cooperate with the
Utah Division of Wildlife Resources and the Advisory Council in
developing the management plan for the management area.
(e) Facilities.--
(1) In general.--The Secretary may establish, operate, and
maintain in the management area such facilities as are needed
to provide for the management and safety of recreational users
of the management area.
(2) Viewing sites.--Facilities under this subsection may
include improved sheep viewing sites around the periphery of
the management area, if such sites do not interfere with the
proper management of the sheep and their habitat.
(f) Development of Heritage Sites.--This section shall not be
construed to preclude the utilization, enhancement, and maintenance of
national heritage area sites in the management area, if such activities
do not conflict with the purposes of the management area under
subsection (a).
SEC. 542. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.
(a) Designation and Purposes.--The Secretary shall designate areas
in the conservation area as semi-primitive nonmotorized use areas. The
purposes of the semi-primitive areas are the following:
(1) To provide opportunities for isolation from the sights
and sounds of man.
(2) To provide opportunities to have a high degree of
interaction with the natural environment.
(3) To provide opportunities for recreational users to
practice outdoor skills in settings that present moderate
challenge and risk.
(b) Area Included.--The semi-primitive areas shall consist
generally of approximately 120,695 acres of federally owned lands and
interests therein located in the conservation area that are managed by
the Bureau of Land Management, as generally depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998.
(c) Management and Use.--Except as otherwise provided in this
section, semi-primitive areas shall be subject to all requirements and
restrictions that apply to the conservation area.
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the semi-primitive areas in the management plan for
the conservation area under section 523.
(2) Contents.--The management plans for the semi-primitive
areas shall establish goals and management steps to be taken
within the semi-primitive areas to achieve the purposes under
subsection (a).
(e) Development of Heritage Sites.--This section shall not be
construed to preclude the utilization, enhancement, and maintenance of
national heritage area sites in any semi-primitive area, if such
activities do not conflict with the purposes of the semi-primitive
areas under subsection (a).
SEC. 543. SCENIC VISUAL AREA OF CRITICAL ENVIRONMENTAL CONCERN.
(a) Designation and Purpose.--The Secretary shall designate areas
in the conservation area as a scenic visual area of critical
environmental concern (in this section referred to as the ``scenic
visual ACEC''). The purpose of the scenic visual ACEC is to preserve
the scenic value of the Interstate Route 70 corridor within the
conservation area.
(b) Area Included.--The scenic visual ACEC shall consist generally
of approximately 27,670 acres of lands and interests therein located in
the conservation area bordering Interstate Route 70 that are managed by
the Bureau of Land Management, as generally depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998.
(c) Management and Use.--Except as otherwise provided in this
section, the scenic visual ACEC shall be subject to all requirements
and restrictions that apply to the conservation area, and shall be
managed to protect scenic values in accordance with the Bureau of Land
Management document entitled ``San Rafael Resource Management Plan,
Utah, Moab District, San Rafael Resource Area, 1991''.
Subtitle E--General Management Provisions
SEC. 551. LIVESTOCK GRAZING.
(a) Areas Other Than Wilderness.--
(1) In general.--Except as provided in subsection (b), the
Secretary shall permit domestic livestock grazing in areas of
the conservation area where grazing was established before the
enactment of this Act. Grazing in such areas may not be
reduced, increased, or withdrawn, except based solely on
scientific analyses of range conditions.
(2) Compliance with applicable requirements.--Except as
provided in subsection (b), any livestock grazing on public
lands within the conservation area and activities the Secretary
determines necessary to carry out proper and practical grazing
management programs on such public lands (such as animal damage
control activities), shall be managed in accordance with the
Act of June 28, 1934 (43 U.S.C. 315 et seq.; commonly referred
to as the ``Taylor Grazing Act''), section 402 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1752), other
laws applicable to such use and programs on the public lands,
and the management plan for the conservation area.
(3) Certain water facilities not affected.--Nothing in this
title shall affect the maintenance, repair, replacement, or
improvement of, or ingress to or egress from, water catchment,
storage, and conveyance facilities in existence before the date
of the enactment of this Act that are associated with livestock
or wildlife purposes, whether located within or outside of the
boundaries of areas designated as part of the conservation area
under this title.
(b) Wilderness.--Subsection (a) shall not apply to any wilderness
designated by this title.
SEC. 552. CULTURAL AND PALEONTOLOGICAL RESOURCES.
The Secretary shall allow for the discovery of, shall protect, and
may interpret, cultural or paleontological resources located within
areas designated as part of the conservation area, to the extent
consistent with the other provisions of this title governing management
of those areas.
SEC. 553. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL TRUST
LANDS.
(a) Exchange Authorized.--
(1) Identification of lands and interests by state.--Not
later than 1 year after the date of enactment of this Act, the
Governor of the State of Utah may identify, describe, and
notify the Secretary of any school and institutional trust
lands the value or economic potential of which may be
diminished by establishment of the conservation area under this
title, and that the State would like to exchange for other
Federal lands or interests in land within the State of Utah.
(2) Offer by secretary.--Not later than 1 year after the
date of receipt of notification under subsection (a), and after
seeking the advice of the Governor of the State of Utah on
potential lands for exchange, the Secretary shall transmit to
the Governor a list of Federal lands or interests in lands
within the State of Utah that the Secretary believes are
approximately equivalent in value to the lands described in
subsection (a) of this section, and shall offer such lands for
exchange to the State for the lands described in subsection
(a).
(b) Ensuring Equivalent Value.--
(1) In general.--In preparing the list under subsection
(a)(2), the Secretary shall take all steps as are necessary and
reasonable to ensure that the State of Utah agrees that the
lands offered by the Secretary are approximately equivalent in
value to the lands identified and described by the State under
subsection (a)(1).
(2) Accounting for revenue sharing.--If the State of Utah
shares revenue from the properties to be acquired by the State
under this section, the value of such properties shall be the
value otherwise established under this section, reduced by a
percentage that represents the Federal revenue sharing
obligation. The amount of such reduction shall not be
considered a property right of the State of Utah.
(c) Public Interest.--The exchange of lands included in the list
prepared under subsection (a)(2) shall be construed as satisfying the
provisions of section 206(a) of the Federal Land Policy and Management
Act of 1976 requiring that exchanges of lands be in the public
interest.
(d) Definitions.--As used in this section:
(1) School and institutional trust lands.--The term
``school and institutional trust lands'' means those properties
granted by the United States in the Utah Enabling Act to the
State of Utah in trust, and other lands that under State law
must be managed for the benefit of the public school system or
the institutions of the State that are designated by the Utah
Enabling Act, that are located in the conservation area.
(2) Utah enabling act.--The term ``Utah Enabling Act''
means the Act entitled ``An Act to enable the people of Utah to
form a constitution and State government, and to be admitted
into the Union on an equal footing with the original States'',
approved July 16, 1894 (chapter 138; 28 Stat. 107).
SEC. 554. WATER RIGHTS.
(a) Findings.--The Congress finds the following:
(1) The San Rafael Swell region of Utah is a high desert
climate with little annual precipitation and scarce water
resources.
(2) In order to preserve the limited amount of water
available to wildlife, the State of Utah has granted to the
Division of Wildlife Resources an in-stream flow right in the
San Rafael River.
(3) This preserved right will guarantee that wetland and
riparian habitats within the San Rafael region will be
protected for designations such as wilderness, semi-primitive
areas, bighorn sheep, and other Federal land needs within the
San Rafael Swell region.
(b) No Federal Reservation.--Nothing in this title or any other Act
of Congress shall constitute or be construed to constitute either an
express or implied Federal reservation of water or water rights for any
purpose arising from the designation of areas as part of the
conservation area or as a wilderness or semi-primitive area under this
title.
(c) Acquisition and Exercise of Water Rights Under Utah Law.--The
United States may acquire and exercise such water rights as it deems
necessary to carry out its responsibilities on any lands designated as
part of the conservation area under this title pursuant to the
substantive and procedural requirements of the State of Utah. Nothing
in this title shall be construed to authorize the use of eminent domain
by the United States to acquire water rights for such lands. Within
areas designated as part of the conservation area under this title, all
rights to water granted under the laws of the State of Utah may be
exercised in accordance with the substantive and procedural
requirements of the State of Utah.
(d) Exercise of Water Rights Generally Under Utah Laws.--Nothing in
this title shall be construed to limit the exercise of water rights as
provided under the laws of the State of Utah.
(e) Colorado River.--Nothing in this title shall be construed to
affect the operation of any existing private, local, State, or
federally owned dam, reservoir, or other water works on the Colorado
River or its tributaries. Nothing in this title shall alter, amend,
construe, supersede, or preempt any local, State, or Federal law; any
existing private, local, or State agreement; or any interstate compact
or international treaty pertaining to the waters of the Colorado River
or its tributaries.
SEC. 555. MISCELLANEOUS.
(a) State Fish and Wildlife Management.--In accordance with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this
title shall be construed as affecting the jurisdiction or
responsibilities of the State of Utah with respect to fish and wildlife
management activities, including water development, predator control,
transplanting animals, stocking fish, hunting, fishing, and trapping.
(b) Prohibition of Buffer Zones.--The Congress does not intend that
the designation of an area by this title as part of the conservation
area or a wilderness or semi-primitive area lead to the creation of
protective perimeters or buffer zones around the area. It is the
intention of the Congress that any protective perimeter or buffer zone
be located wholly within such an area. The fact that nonconforming
activities or uses can be seen or heard from land within such an area
shall not, of itself, preclude such activities or uses up to the
boundary of the area. Nonconforming activities that occur outside of
the boundaries of such an area designated by this title shall not be
taken into account in assessing unnecessary and undue degradation of
such an area.
(c) Roads and Rights-of-Way as Boundaries.--Unless depicted
otherwise on a map referred to in this title, where roads form the
boundaries of an area designated as part of the conservation area or a
wilderness or semi-primitive area under this title, the boundary of the
area shall be set back from the center line of the road as follows:
(1) A setback that corresponds with the boundary of the
right-of-way for Interstate 70.
(2) 150 feet for high standard roads.
(3) 100 feet for roads classified as County Class B roads.
(4) 50 feet for roads equivalent to County Class D roads.
(d) Access.--
(1) Reasonable access allowed.--Subject to valid existing
rights, reasonable access shall be allowed to existing
improvements, structures, and facilities, including those
related to water and grazing resources, which are within the
conservation area or a wilderness or semi-primitive area
designated under this title, whether located on Federal or non-
Federal lands, in order that they may be operated, maintained,
repaired, modified, or replaced as necessary.
(2) Reasonable access defined.--For the purposes of this
subsection, the term ``reasonable access'' means right of entry
and includes access by motorized transport when necessarily,
customarily, or historically employed on routes in existence as
of the date of the enactment of this Act.
(e) Land Acquisition by Exchange or Purchase.--The Secretary shall
offer to acquire from non-governmental entities lands and interests in
lands located within or adjacent to the conservation area or a
wilderness or semi-primitive area designated under this title. Lands
may be acquired under this subsection only by exchange or purchase from
willing sellers.
(f) Rights-of-way.--
(1) Right-of-way claims not affected.--Nothing in this
title, including any reference to or depiction on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, affects any right-of-way claim
that arose under section 2477 of the Revised Statutes (43
U.S.C. 932).
(2) Depictions not determinative.--Any depiction or lack of
depiction of a highway, road, right-of-way, or trail on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, shall not be considered in any
determination under section 2477 of the Revised Statutes (43
U.S.C. 932) of whether or not such highway, road, right-of-way,
or trail exists.
TITLE VI--NATIONAL PARKS
SEC. 601. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE.
Section 6 of the Act of October 15, 1966, entitled ``An Act to
establish in the State of Michigan the Pictured Rocks National
Lakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as
follows:
(1) In subsection (b)(1) by striking ``including a scenic
shoreline drive'' and inserting ``including appropriate
improvements to Alger County Road H-58''.
(2) By adding at the end the following new subsection:
``(c) Prohibition of Certain Construction.--A scenic shoreline
drive may not be constructed in the Pictured Rocks National
Lakeshore.''.
SEC. 602. EXPANSION OF ARCHES NATIONAL PARK, UTAH.
(a) In General.--
(1) Boundary expansion.--Subsection (a) of the first
section of Public Law 92-155 (16 U.S.C. 272; 85 Stat. 422) is
amended as follows:
(A) By inserting after the first sentence the
following new sentence: ``Effective on the date of the
enactment of this sentence, the boundary of the park
shall also include the area consisting of approximately
3,140 acres and known as the `Lost Spring Canyon
Addition', as depicted on the map entitled `Boundary
Map, Arches National Park, Lost Spring Canyon
Addition', numbered 138/60,000-B, and dated April
1997.''.
(B) In the last sentence, by striking ``Such map''
and inserting ``Such maps''.
(2) Inclusion of land in park.--Section 2 of Public Law 92-
155 (16 U.S.C. 272a) is amended by adding at the end the
following new sentences: ``As soon as possible after the date
of the enactment of this sentence, the Secretary of the
Interior shall transfer jurisdiction over the Federal lands
contained in the Lost Spring Canyon Addition from the Bureau of
Land Management to the National Park Service. The Lost Spring
Canyon addition shall be administered in accordance with the
laws and regulations applicable to the park.''.
(3) Protection of existing grazing permit.--Section 3 of
Public Law 92-155 (16 U.S.C. 272b) is amended as follows:
(A) By inserting ``(a) In General.--'' before
``Where''.
(B) By adding at the end the following new
subsection:
``(b) Existing leases, permits, or licenses.--(1) In the case of
any grazing lease, permit, or license with respect to lands within the
Lost Spring Canyon Addition that was issued before the date of the
enactment of this subsection, the Secretary of the Interior shall,
subject to periodic renewal, continue such lease, permit, or license
for a period of time equal to the lifetime of the permittee as of that
date and any direct descendants of the permittee born before that date.
Any such grazing lease, permit, or license shall be permanently retired
at the end of such period. Pending the expiration of such period, the
permittee (or a descendant of the permittee who holds the lease,
permit, or license) shall be entitled to periodically renew the lease,
permit, or license, subject to such limitations, conditions, or
regulations as the Secretary may prescribe.
``(2) Any such grazing lease, permit, or license may be sold during
the period specified in paragraph (1) only on the condition that the
purchaser shall, immediately upon such acquisition, permanently retire
such lease, permit, or license. Nothing in this subsection shall affect
other provisions concerning leases, permits, or licenses under the
Taylor Grazing Act.
``(3) Any portion of any grazing lease, permit, or license with
respect to lands within the Lost Spring Canyon Addition shall be
administered by the National Park Service.''.
(4) Withdrawal from mineral entry and leasing; pipeline
management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is
amended by adding at the end the following new subsection:
``(c) Withdrawal from mineral entry and leasing; pipeline
management.--(1) Subject to valid existing rights, Federal lands within
the Lost Spring Canyon Addition are hereby appropriated and withdrawn
from entry, location, selection, leasing, or other disposition under
the public land laws, including the mineral leasing laws.
``(2) The inclusion of the Lost Spring Canyon Addition in the park
shall not affect the operation or maintenance by the Northwest Pipeline
Corporation (or its successors or assigns) of the natural gas pipeline
and related facilities located in the Lost Spring Canyon Addition on
the date of the enactment of this subsection.''.
(5) Effect on school trust lands.--
(A) Findings.--The Congress finds the following:
(i) A parcel of State school trust lands,
more specifically described as section 16,
township 23 south, range 22 east, of the Salt
Lake base and meridian, is partially contained
within the Lost Spring Canyon Addition included
within the boundaries of Arches National Park
by the amendment by subsection (a).
(ii) The parcel was originally granted to
the State of Utah for the purpose of generating
revenue for the public schools through the
development of natural and other resources
located on the parcel.
(iii) It is in the interest of the State of
Utah and the United States for the parcel to be
exchanged for Federal lands of equivalent value
outside the Lost Spring Canyon Addition, in
order to permit Federal management of all lands
within the Lost Spring Canyon Addition.
(B) Land exchange.--Public Law 92-155 is amended by
adding at the end the following new section:
``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LANDS.
``(a) Exchange Requirement.--If, not later than one year after the
date of the enactment of this section, and in accordance with this
section, the State of Utah offers to transfer all right, title and
interest of the State in and to the parcel of school trust lands
described in subsection (b)(1) to the United States, the Secretary of
the Interior shall accept the offer on behalf of the United States and,
within 180 days after the date of such acceptance, transfer to the
State of Utah all right, title and interest of the United States in and
to the parcel of land described in subsection (b)(2). Title to the
State lands shall be transferred at the same time as conveyance of
title to the Federal lands by the Secretary of the Interior. The
exchange of lands under this section shall be subject to valid existing
rights, and each party shall succeed to the rights and obligations of
the other party with respect to any lease, right-of-way, or permit
encumbering the exchanged lands.
``(b) Description of Parcels.--
``(1) State conveyance.--The parcel of school trust lands
to be conveyed by the State of Utah under subsection (a) is
section 16, township 23 south, range 22 east of the Salt Lake
base and meridian.
``(2) Federal conveyance.--The parcel of Federal lands to
be conveyed by the Secretary of the Interior consists of
approximately 639 acres and is identified as lots 1 through 12
located in the S\1/2\N\1/2\ and the N\1/2\N\1/2\N\1/2\S\1/2\ of
section 1, township 25 south, range 18 east, Salt Lake base and
meridian.
``(3) Equivalent value.--The Federal lands described in
paragraph (2) are of equivalent value to the State school trust
lands described in paragraph (1).
``(c) Management by State.--At least 60 days before undertaking or
permitting any surface disturbing activities to occur on the lands
acquired by the State under this section, the State shall consult with
the Utah State Office of the Bureau of Land Management concerning the
extent and impact of such activities on Federal lands and resources and
conduct, in a manner consistent with Federal laws, inventory,
mitigation, and management activities in connection with any
archaeological, paleontological, and cultural resources located on the
acquired lands. To the extent consistent with applicable law governing
the use and disposition of State school trust lands, the State shall
preserve existing grazing, recreational, and wildlife uses of the
acquired lands. Nothing in this subsection shall be construed to
preclude the State from authorizing or undertaking surface or mineral
activities authorized by existing or future land management plans for
the acquired lands.
``(d) Implementation.--Administrative actions necessary to
implement the land exchange described in this section shall be
completed within 180 days after the date of the enactment of this
section.''.
SEC. 603. MICCOSUKEE RESERVED AREA.
(a) Findings.--Congress finds the following:
(1) Since 1964, the Miccosukee Tribe of Indians of Florida
have lived and governed their own affairs on a strip of land on
the northern edge of the Everglades National Park pursuant to
permits from the National Park Service and other legal
authority. The current permit expires in 2014.
(2) Since the commencement of the Tribe's permitted use and
occupancy of the Special Use Permit Area, the Tribe's
membership has grown, as have the needs and desires of the
Tribe and its members for modern housing, governmental and
administrative facilities, schools and cultural amenities, and
related structures.
(3) The United States, the State of Florida, the Miccosukee
Tribe, and the Seminole Tribe of Florida are participating in a
major intergovernmental effort to restore the South Florida
ecosystem, including the restoration of the environment of the
Park.
(4) The Special Use Permit Area is located within the
northern boundary of the Park, which is critical to the
protection and restoration of the Everglades, as well as to the
cultural values of the Miccosukee Tribe.
(5) The interests of both the Miccosukee Tribe and the
United States would be enhanced by a further delineation of the
rights and obligations of each with respect to the Special Use
Permit Area and to the Park as a whole.
(6) The amount and location of land allocated to the Tribe
fulfills the purposes of the Park.
(b) Purposes.--The purposes of this section are as follows:
(1) To replace the special use permit with a legal
framework under which the Tribe can live permanently and govern
the Tribe's own affairs in a modern community within the Park.
(2) To protect the Park outside the boundaries of the
Miccosukee Reserved Area from adverse effects of structures or
activities within that area, and to support restoration of the
South Florida ecosystem, including restoring the environment of
the Park.
(c) Definitions.--For purposes of this section:
(1) Everglades.--The term ``Everglades'' means the areas
within the Florida Water Conservation Areas, Everglades
National Park, and Big Cypress National Preserve.
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(3) Miccosukee reserved area; mra.--The term ``Miccosukee
Reserved Area'' or ``MRA'' means, notwithstanding any other
provision of law and subject to the limitations specified in
subsection (l) of this section, the portion of the Everglades
National Park described as follows: ``Beginning at the western
boundary of Everglades National Park at the west line of sec.
20, T. 54 S., R. 35 E., thence E. following the Northern
boundary of said Park in T. 54 S., Rs. 35 and 36 E., to a point
in sec. 19, T. 54 S., R. 36 E., 500 feet west of the existing
road known as Seven Miles Road, thence 500 feet south from said
road, thence west paralleling the Park boundary for 3,200 feet,
thence south for 600 feet, thence west, paralleling the Park
boundary to the west line of sec. 20, T. 54 S., R. 35 E.,
thence N. 1,100 feet to the point of beginning.''.
(4) Park.--The term ``Park'' means the Everglades National
Park, including any additions to that Park.
(5) Permit.--The term ``permit'', unless otherwise
specified, means any federally issued permit, license,
certificate of public convenience and necessity, or other
permission of any kind.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the designee of the Secretary.
(7) South florida ecosystem.--The term ``South Florida
ecosystem'' has the meaning given that term in section
528(a)(4) of the Water Resources Development Act of 1996
(Public Law 104-303).
(8) Special use permit area.--The term ``special use permit
area'' means the area of 333.3 acres on the northern boundary
of the Park reserved for the use, occupancy, and governance of
the Tribe under a special use permit before the date of
enactment of this Act.
(9) Tribe.--The term ``Tribe'', unless otherwise specified,
means the Miccosukee Tribe of Indians of Florida, a tribe of
American Indians recognized by the United States and organized
under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25
U.S.C. 476), and recognized by the State of Florida pursuant to
chapter 285, Florida Statutes.
(10) Tribal.--The term ``tribal'' means of or pertaining to
the Miccosukee Tribe of Indians of Florida.
(11) Tribal chairman.--The term ``tribal chairman'' means
the duly elected chairman of the Miccosukee Tribe of Indians of
Florida, or the designee of that chairman.
(d) Special Use Permit Terminated.--
(1) Termination.--The special use permit dated February 1,
1973, issued by the Secretary to the Tribe, and any amendments
to that permit, are terminated.
(2) Expansion of special use permit area.--The special use
permit area shall be expanded pursuant to this section and
known as the Miccosukee Reserved Area.
(3) Governance of affairs in miccosukee reserved area.--
Subject to the provisions of this section and other applicable
Federal law, the Tribe shall govern its own affairs in the MRA
as though the MRA were a Federal Indian reservation.
(e) Perpetual Use and Occupancy.--The Tribe shall have the
exclusive right to use and develop the MRA in perpetuity in a manner
consistent with this section for purposes of the administration,
education, housing, and cultural activities of the Tribe, including
commercial services necessary to support those purposes.
(f) Indian Country Status.--The MRA shall be--
(1) considered to be Indian Country (as that term is
defined in section 1151 of title 18, United States Code); and
(2) treated as a federally recognized Indian reservation
solely for purposes of--
(A) determining the authority of the Tribe to
govern its own affairs within the MRA; and
(B) the eligibility of the Tribe and its members
for any Federal health, education, employment, economic
assistance, revenue sharing, or social welfare
programs, or any other similar Federal program for
which Indians are eligible because of their--
(i) status as Indians; and
(ii) residence on or near an Indian
reservation.
(g) Exclusive Federal Jurisdiction Preserved.--The exclusive
Federal legislative jurisdiction as applied to the MRA as in effect on
the date of enactment of this Act shall be preserved. The Act of August
15, 1953, 67 Stat. 588, chapter 505 and the amendments made by that
Act, including section 1162 of title 18, United States Code, as added
by that Act and section 1360 of title 28, United States Code, as added
by that Act, shall not apply with respect to the MRA.
(h) Other Rights Preserved.--Nothing in this section shall affect
any rights of the Tribe under Federal law, including the right to use
other lands or waters within the Park for other purposes, including,
fishing, boating, hiking, camping, cultural activities, or religious
observances.
(i) Environmental Protection and Access Requirements.--
(1) In general.--The MRA shall remain within the boundaries
of the Park and be a part of the Park in a manner consistent
with this section.
(2) Compliance with applicable laws.--The Tribe shall be
responsible for compliance with all applicable laws, except as
specifically exempted by this section.
(3) Prevention of degradation; abatement.--
(A) Prevention of degradation.--The Tribe shall
prevent and abate any significant degradation of the
quality of surface or groundwater that is released into
other parts of the Park, as follows:
(i) With respect to water entering the MRA
which fails to meet applicable water quality
standards approved under the Clean Water Act by
the Federal Government, actions of the Tribe
shall not further degrade water quality. The
Tribe shall not be responsible for improving
the water quality.
(ii) With respect to water entering the MRA
which meets water quality standards approved
under the Clean Water Act by the Federal
Government, the Tribe shall not cause the water
to fail to comply with applicable water quality
standards.
(B) Prevention and abatement.--The Tribe shall
prevent and abate any significant disruption of the
restoration or preservation of the quantity, timing, or
distribution of surface or groundwater that would enter
the MRA and flow, directly or indirectly, into other
parts of the Park, but only to the extent that such
disruption is caused by conditions, activities, or
structures within the MRA.
(C) Prevention of significant propagation of exotic
plants and animals.--The Tribe shall prevent
significant propagation of exotic plants or animals
outside the MRA.
(D) Public access to certain areas of the park.--
The Tribe shall not impede public access to those areas
of the Park outside the boundaries of the MRA, and to
and from the Big Cypress National Preserve, except that
the Tribe shall not be required to allow individuals
who are not members of the Tribe access to the MRA
other than Federal employees, agents, officers, and
officials (as provided in this section).
(E) Prevention of significant cumulative adverse
environmental impacts.--The Tribe shall prevent and
abate any significant cumulative adverse environmental
impact on the Park outside the MRA resulting from
development or other activities within the MRA.
(i) Procedures.--Not later than 12 months
after the date of enactment of this Act, the
Tribe shall develop, publish, and implement
procedures that shall ensure adequate public
notice and opportunity to comment on major
tribal actions within the MRA that may
contribute to a significant cumulative adverse
impact on the Everglades ecosystem.
(ii) Written notice.--The procedures in
clause (i) shall include timely written notice
to the Secretary and consideration of the
Secretary's comments.
(F) Water quality standards.--
(i) In general.--Not later than 12 months
after the date of enactment of this Act, the
Tribe shall adopt and comply with water quality
standards within the MRA that are at least as
protective as the standards approved under the
Clean Water Act by the Federal Government for
the area encompassed by Everglades National
Park.
(ii) Effect of failure to adopt or
prescribe standards.--In the event the Tribe
fails to adopt water quality standards referred
to in clause (i) or fails to revise its own
standards within the 12-month period beginning
on the date on which any changes to water
quality standards of the State of Florida are
made to ensure that the standards of the Tribe
are at least as protective as the standards of
the State of Florida, the standards of the
State of Florida shall be deemed to apply to
the Tribe until such time as the Tribe adopts
standards that meet the requirements of this
subparagraph.
(G) Natural easements.--The Tribe shall not engage
in any construction, development, or improvement in any
area that is designated as a natural easement.
(j) Height Restrictions.--
(1) Restrictions.--Except as provided in paragraphs (2)
through (4), no structure constructed within the MRA shall
exceed the height of 45 feet or exceed 2 stories, except that a
structure within the government center, whichis that portion of
the MRA whose road frontage is occupied by a government
building onthe date of the enactment of this Act, shall not
exceed the height of 70 feet.
(2) Exceptions.--The following types of structures are
exempt from the restrictions of this section to the extent
necessary for the health, safety, or welfare of the tribal
members, and for the utility of the structures:
(A) Water towers or standpipes.
(B) Radio towers.
(C) Utility lines.
(3) Waiver.--The Secretary may waive the restrictions of
this subsection if the Secretary finds that the needs of the
Tribe for the structure that is taller than structure allowed
under the restrictions would outweigh the adverse effects to
the Park or its visitors.
(4) Grandfather clause.--Any structure approved by the
Secretary before to the date of enactment of this Act, and for
which construction commences not later than 12 months after the
date of enactment of this Act, shall not be subject to the
provisions of this subsection.
(5) Measurement.--The heights specified in this subsection
shall be measured from mean sea level.
(k) Other Conditions.--
(1) Gaming.--No class II or class III gaming (as those
terms are defined in section 4 (7) and (8) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703 (7) and (8)) shall be conducted
within the MRA.
(2) Aviation.--
(A) In general.--No commercial aviation may be
conducted from or to the MRA.
(B) Emergency operators.--Takeoffs and landings of
aircraft shall be allowed for emergency operations and
administrative use by the Tribe or the United States,
including resource management and law enforcement.
(C) State agencies and officials.--The Tribe may
permit the State of Florida, as agencies or
municipalities of the State of Florida to provide for
takeoffs or landings of aircraft on the MRA for
emergency operations or administrative purposes.
(3) Visual quality.--
(A) In general.--In the planning, use, and
development of the MRA by the Tribe, the Tribe shall
consider the quality of the visual experience from the
Shark River Valley visitor use area, including
limitations on the height and locations of billboards
or other commercial signs or other advertisements
visible from the Shark Valley visitor center, tram
road, or observation tower.
(B) Exemption of markings.--The Tribe may exempt
markings on a water tower or standpipe that merely
identify the Tribe.
(l) Easements and Ranger Station.--Notwithstanding any other
provision of this section:
(1) Natural easements.--The use and occupancy of the MRA by
the Tribe shall be perpetually subject to natural easements on
parcels of land that are--
(A) bounded on the north and south by the
boundaries of the MRA, specified in the legal
description under subsection (c); and
(B) bounded on the east and west by boundaries than
run north and south perpendicular to the northern and
southern boundaries of the MRA, as follows:
(i) easement #1, being 443 feet wide with
western boundary 525 feet, and eastern boundary
970 feet, east of the western boundary of the
MRA;
(ii) easement #2, being 443 feet wide with
western boundary 3637 feet, and eastern
boundary 4080 feet, east of the western
boundary of the MRA;
(iii) easement #3, being 320 feet wide with
western boundary 5380 feet, and eastern
boundary 5700 feet, east of the western
boundary of the MRA;
(iv) easement #4, being 290 feet wide with
western boundary 6020 feet, and eastern
boundary 6310 feet, east of the western
boundary of the MRA;
(v) easement #5, being 290 feet wide with
western boundary 8160 feet, and eastern
boundary 8460 feet, east of the western
boundary of the MRA; and
(vi) easement #6, being 312 feet wide with
western boundary 8920 feet, and eastern
boundary 9232 feet, east of the western
boundary of the MRA.
(2) Extent of easements.--The aggregate extent of the east-
west parcels of lands subject to easements under this paragraph
shall not exceed 2,100 linear feet.
(3) Use of easements.--The Secretary in his discretion may
use the natural easements specified in paragraphs (1) and (2)
to fulfill the hydrological and other environmental objectives
of Everglades National Park.
(4) Additional requirements.--In addition to providing for
the easements specified in paragraphs (1) and (2), the Tribe
shall not impair or impede the continued function of the water
control structures designated as ``S-12A'' and ``S-12B'',
located north of the MRA on the Tamiami Trail and any existing
water flows under the Old Tamiami Trail.
(5) Use by department of the interior.--The Department of
the Interior shall have a right, in perpetuity, to use and
occupy, and to have access to, the Tamiami Ranger Station
presently located within the MRA, except that the pad on which
such station is constructed shall not be increased in size
without the consent of the Tribe.
(m) Government-to-Government Agreements.--The Secretary and the
tribal chairman shall make reasonable, good faith efforts to implement
the requirements of this section. Those efforts may include government-
to-government consultations, and the development of standards of
performance and monitoring protocols.
(n) Federal Mediation and Conciliation Service.--If the Secretary
and the tribal chairman both believe that they cannot reach agreement
on any significant issue relating to the implementation of the
requirements of this section, the Secretary and the tribal chairman may
jointly request that the Federal Mediation and Conciliation Service
assist them in reaching a satisfactory agreement.
(o) 60-Day Time Limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other nonbinding dispute resolution
activities for a period not to exceed 60 days beginning on the date on
which the Federal Mediation and Conciliation Service receives the
request for assistance, unless the Secretary and the tribal chairman
agree to an extension of period of time.
(p) Other Rights Preserved.--The facilitated dispute resolution
specified in this section shall not prejudice any right of the parties
to--
(1) commence an action in a court of the United States at
any time; or
(2) any other resolution process that is not prohibited by
law.
(q) No General Applicability.--Nothing in this section creates any
right, interest, privilege, or immunity affecting any other Tribe or
any other park or Federal lands.
(r) Noninterference With Federal Agents.--
(1) In general.--Federal employees, agents, officers, and
officials shall have a right of access to the MRA--
(A) to monitor compliance with the provisions of
this section; and
(B) for other purposes, as though it were a Federal
Indian reservation.
(2) Statutory construction.--Nothing in this section shall
authorize the Tribe or members or agents of the Tribe to
interfere with any Federal employee, agent, officer, or
official in the performance of official duties (whether within
or outside the boundaries of the MRA) except that nothing in
this paragraph may prejudice any right under the Constitution
of the United States.
(s) Federal Permits.--
(1) In general.--No Federal permit shall be issued to the
Tribe for any activity or structure that would be inconsistent
with this section.
(2) Consultations.--Any Federal agency considering an
application for a permit for construction or activities on the
MRA shall consult with, and consider the advice, evidence, and
recommendations of the Secretary before issuing a final
decision.
(3) Rule of construction.--Except as otherwise specifically
provided in this section, nothing in this section supersedes
any requirement of any other applicable Federal law.
(t) Volunteer Programs and Tribal Involvement.--The Secretary may
establish programs that foster greater involvement by the Tribe with
respect to the Park. Those efforts may include internships and
volunteer programs with tribal schoolchildren and with adult tribal
members.
(u) Saving Ecosystem Restoration.--
(1) In general.--Nothing in this section shall be construed
to amend or prejudice the authority of the United States to
design, construct, fund, operate, permit, remove, or degrade
canals, levees, pumps, impoundments, wetlands, flow ways, or
other facilities, structures, or systems, for the restoration
or protection of the South Florida ecosystem pursuant to
Federal laws.
(2) Groundwater.--
(A) In general.--The Secretary may use all or any
part of the MRA lands to the extent necessary to
restore or preserve the quality, quantity, timing, or
distribution of surface or groundwater, if other
reasonable alternative measures to achieve the same
purpose are impractical.
(B) Use of lands.--The Secretary may use lands
referred to in subparagraph (A) either under an
agreement with the tribal chairman or upon an order of
the United States district court for the district in
which the MRA is located, upon petition by the
Secretary and finding by the court that--
(i) the proposed actions of the Secretary
are necessary; and
(ii) other reasonable alternative measures
are impractical.
(3) Costs.--
(A) In general.--In the event the Secretary
exercises the authority granted the Secretary under
paragraph (2), the United States shall be liable to the
Tribe or the members of the Tribe for--
(i) cost of modification, removal,
relocation, or reconstruction of structures
lawfully erected in good faith on the MRA; and
(ii) loss of use of the affected land
within the MRA.
(B) Payment of compensation.--Any compensation paid
under subparagraph (A) shall be paid as cash payments
with respect to taking structures and other fixtures
and in the form of rights to occupy similar land
adjacent to the MRA with respect to taking land.
(4) Rule of construction.--Subsections (2) and (3) shall
not apply to natural easements specified in subsection (l)(1)
and (2).
(v) Parties Held Harmless.--
(1) United states held harmless.--
(A) In general.--Subject to subparagraph (B) with
respect to any tribal member, tribal employee, tribal
contractor, tribal enterprise, or any person residing
within the MRA, notwithstanding any other provision of
law, the United States (including an officer, agent, or
employee of the United States), shall not be liable for
any action or failure to act by the Tribe (including an
officer, employee, or member of the Tribe), including
any failure to perform any of the obligations of the
Tribe under this section.
(B) Rule of construction.--Nothing in this section
shall be construed to alter any liability or other
obligation that the United States may have under
section 2 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450).
(2) Tribe held harmless.--Notwithstanding any other
provision of law, the Tribe and the members of the Tribe shall
not be liable for any injury, loss, damage, or harm that--
(A) occurs with respect to the MRA; and
(B) is caused by an action or failure to act by the
United States, or the officer, agent, or employee of
the United States (including the failure to perform any
obligation of the United States under this section).
(w) Cooperative Agreements.--Nothing in this section shall alter
the authority of the Secretary and the Tribe to enter into any
cooperative agreement, including any agreement concerning law
enforcement, emergency response, or resource management.
(x) Water Rights.--Nothing in this section shall enhance or
diminish any water rights of the Tribe, or members of the Tribe, or the
United States (with respect to the Park).
(y) Enforcement.--
(1) Actions brought by attorney general.--The Attorney
General may bring a civil action in the United States district
court for the district in which the MRA is located, to enjoin
the Tribe from violating any provision of this section.
(2) Action brought by tribe.--The Tribe may bring a civil
action in the United States district court for the district in
which the MRA is located enjoin the United States from
violating any provision of this section.
SEC. 604. CUMBERLAND ISLAND.
(a) Boundary Adjustments for Land Exchange.--
(1) Exclusion of certain conveyed lands.--If a proposed
land exchange described in subsection (b) is agreed to by the
Secretary of the Interior, any lands to be conveyed by the
United States as part of the land exchange shall be excluded
from the boundaries of the Cumberland Island Wilderness or the
potential wilderness area if the lands contain improvements.
(2) Inclusion of acquired lands.--All lands acquired by the
United States as part of the land exchange described in
subsection (b) shall be included in, and managed as part of,
the Cumberland Island Wilderness. Upon acquisition of the
lands, the Secretary of the Interior shall adjust the
boundaries of the Cumberland Island Wilderness to include the
acquired lands.
(b) Description of Land Exchange.--The land exchange referred to in
subsection (a) is a land exchange with regard to Cumberland Island
National Seashore and Cumberland Island Wilderness that is being
negotiated by the Secretary of the Interior with the Nature Conservancy
and High Point, Inc., for the purpose of acquiring privately owned
lands on Cumberland Island, which have substantial wilderness
characteristics, in exchange for Federal lands (or rights or interests
therein) located at the north end of the island.
(c) Treatment of Main Road.--
(1) Findings.--Congress finds the following:
(A) The main road at Cumberland Island National
Seashore is included on the register of national
historic places.
(B) The continued existence and use of the main
road, as well as a spur road that provides access to
Plum Orchard mansion at Cumberland Island National
Seashore, is necessary for maintenance and access to
the natural, cultural, and historical resources of
Cumberland Island National Seashore.
(C) The preservation of the main road is not only
lawful, but also mandated under section 4(a)(3) of the
Wilderness Act (16 U.S.C. 1133(a)(3)).
(D) The inclusion of these roads both on the
register of national historic places and in the
Cumberland Island Wilderness or potential wilderness
area is incompatible and causes competing mandates on
the Secretary of the Interior for management.
(2) Exclusion from wilderness.--The main road on Cumberland
Island (as described on the register of national historic
places), the spur road that provides access to Plum Orchard
mansion, and the area extending 10 feet on each side of the
center line of both roads are hereby excluded from the
boundaries of the Cumberland Island Wilderness and the
potential wilderness area.
(3) Effect of exclusion.--Nothing in this subsection shall
be construed to affect the inclusion of the main road on the
register of national historic places or the authority of the
Secretary of the Interior to impose reasonable restrictions,
subject to valid existing rights, on the use of the main road
or spur road to minimize any adverse impacts on the Cumberland
Island Wilderness or the potential wilderness area.
(d) Restoration of Plum Orchard Mansion.--
(1) Restoration required.--Using funds appropriated
pursuant to the authorization of appropriations in paragraph
(4), the Secretary of the Interior shall restore Plum Orchard
mansion at Cumberland Island National Seashore so that the
condition of the restored mansion is at least equal to the
condition of the mansion when it was donated to the United
States. The Secretary shall endeavor to collect donations of
money and in-kind contributions for the purpose of restoring
structures within the Plum Orchard historic district.
(2) Subsequent maintenance.--The Secretary of the Interior
shall endeavor to enter into an agreement with public persons,
private persons, or both, to provide for the maintenance of
Plum Orchard mansion following its restoration.
(3) Restoration plan.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of the
Interior shall submit to Congress a comprehensive plan for the
repair, stabilization, restoration, and subsequent maintenance
of Plum Orchard mansion to the condition the mansion was in
when acquired by the United States.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary for the
restoration and maintenance of Plum Orchard mansion under this
subsection.
(e) Archaeological and Historic Sites.--The Secretary of the
Interior shall identify, document, and protect archaeological sites
located on Federal land within Cumberland Island National Seashore. The
Secretary shall prepare and implement a plan to preserve designated
national historic sites within the seashore.
(f) Designation of Additional Wilderness Area.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a parcel of Federal
lands within Cumberland Island National Seashore, which
comprises approximately ____ acres on the southern portion of
Cumberland Island, as depicted on the map entitled ``Cumberland
Island Wilderness Addition, Proposed'', dated ________, 1998,
is hereby designated as wilderness and therefore as a component
of the National Wilderness Preservation System.
(2) Administration.--The parcel designated by paragraph (1)
shall be administered by the Secretary of the Interior in
accordance with the Wilderness Act as part of the Cumberland
Island Wilderness. The Secretary shall adjust the boundaries of
the Cumberland Island Wilderness to include the parcel.
(3) Existing rights and uses.--The designation of the
wilderness area under paragraph (1) shall be subject to valid
existing rights of the designated parcel.
(g) Definitions.--In this section:
(1) The term ``Cumberland Island National Seashore'' means
the national seashore established under Public Law 92-536 (16
U.S.C. 459i et seq.).
(2) The term ``Cumberland Island Wilderness'' means the
wilderness area in the Cumberland Island National Seashore
designated by section 2 of Public Law 97-250 (96 Stat. 709; 16
U.S.C. 1132 note).
(3) The term ``potential wilderness area'' means the
potential wilderness area in the Cumberland Island National
Seashore designated by such section 2.
SEC. 605. STUDIES OF POTENTIAL NATIONAL PARK SYSTEM UNITS IN HAWAII.
(a) In General.--The Secretary of the Interior, acting through the
Director of the National Park Service, shall undertake feasibility
studies regarding the establishment of National Park System units in
the following areas in the State of Hawaii:
(1) Island of Maui: The shoreline area known as ``North
Beach'', immediately north of the present resort hotels at
Kaanapali Beach, in the Lahaina district in the area extending
from the beach inland to the main highway.
(2) Island of Lanai: The mountaintop area known as ``Hale''
in the central part of the island.
(3) Island of Kauai: The shoreline area from ``Anini
Beach'' to ``Makua Tunnels'' on the north coast of this island.
(4) Island of Molokai: The ``Halawa Valley'' on the eastern
end of the island, including its shoreline, cove and lookout/
access roadway.
(b) Kalaupapa Settlement Boundaries.--The studies conducted under
this section shall include a study of the feasibility of extending the
present National Historic Park boundaries at Kalaupapa Settlement
eastward to Halawa Valley along the island's north shore.
(c) Report.--A report containing the results of the studies under
this section shall be submitted to the Congress promptly upon
completion.
SEC. 606. CONGRESSIONAL REVIEW OF NATIONAL MONUMENT STATUS AND
CONSULTATION.
Section 2 of the Act of June 8, 1906 (Chapter 3060; 34 Stat. 225;
16 U.S.C. 431; commonly referred to as the ``Antiquities Act''), is
amended by adding at the end the following: ``A proclamation of the
President under this section that results in the designation of a total
acreage in excess of 50,000 acres in a single State in a single
calendar year as a national monument may not be issued until 30 days
after the President has transmitted the proposed proclamation to the
Governor of the State in which such acreage is located and solicited
such Governor's written comments, and any such proclamation shall cease
to be effective on the date 2 years after issuance unless the Congress
has approved such proclamation by the enactment of a law.''.
SEC. 607. SANTA CRUZ ISLAND, ADDITIONAL RIGHTS OF USE AND OCCUPANCY.
Section 202(e) of Public Law 96-199 (16 U.S.C. 410ff-1(e)) is
amended by adding the following at the end thereof:
``(5) In the case of the real property referred to in paragraph
(1), in addition to the rights of use and occupancy reserved under
paragraph (1) and set forth in Instrument 90-027494, upon the enactment
of this paragraph, the Secretary shall grant identical rights of use
and occupancy to Mr. Francis Gherini of Ventura, California, the
previous owner of the real property, and to each of the two grantors
identified in Instrument No. 92-102117 recorded in the Official Records
of the County of Santa Barbara, California. The use and occupancy
rights granted to Mr. Francis Gherini shall be for a term of 25 years
from the date of the enactment of this paragraph. The Secretary shall
grant such rights without consideration and shall execute and record
such instruments as necessary to vest such rights in such individuals
as promptly as practicable, but no later than 90 days, after the
enactment of this paragraph.''.
SEC. 608. ACQUISITION OF WARREN PROPERTY FOR MORRISTOWN NATIONAL
HISTORICAL PARK.
The Act entitled ``An Act to provide for the establishment of the
Morristown National Historical Park in the State of New Jersey, and for
other purposes'', approved March 2, 1933 (chapter 182; 16 U.S.C. 409 et
seq.), is amended by adding at the end the following new section:
``Sec. 8. (a) In addition to any other lands or interest authorized
to be acquired for inclusion in Morristown National Historical Park,
and notwithstanding the first proviso of the first section of this Act,
the Secretary of the Interior may acquire by purchase, donation,
purchase with appropriated funds, or otherwise, not to exceed 15 acres
of land and interests therein comprising the property known as the
Warren Property or Mount Kimble. The Secretary may expend such sums as
may be necessary for such acquisition.
``(b) Any lands or interests acquired under this section shall be
included in and administered as part of the Morristown National
Historical Park.''.
SEC. 609. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965
REGARDING TREATMENT OF RECEIPTS AT CERTAIN PARKS.
Section 4(i)(1)(B) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-6a(i)(1)(B)) is amended by inserting the following
after the second sentence: ``Notwithstanding subparagraph (A), in any
fiscal year, the Secretary of the Interior shall also withhold from the
special account 100 percent of the fees and charges collected in
connection with any unit of the national park system at which entrance
or admission fees cannot be collected by reason of deed restrictions,
and the amounts so withheld shall be retained by the Secretary and
shall be available, without further appropriation, for expenditure by
the Secretary for purpose of such park system unit.''.
SEC. 610. CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA.
(a) Findings.--The Congress finds that:
(1) The Chattahoochee River National Recreation Area is a
nationally significant resource and the national recreation
area has been adversely affected by land use changes occurring
within and outside its boundaries.
(2) The population of the metropolitan Atlanta area
continues to expand northward, leaving dwindling opportunities
to protect the scenic, recreation, natural, and historic values
of the 2,000-foot wide corridor adjacent to each bank of the
Chattahoochee River and its impoundments in the 48-mile segment
known as the area of national concern.
(3) The State of Georgia has enacted the Metropolitan River
Protection Act in order to ensure the protection of the
corridor located within 2,000 feet of each bank of the
Chattahoochee River, or the 100-year flood plain, whichever is
greater, and such corridor includes the area of national
concern.
(4) Visitor use of the Chattahoochee River National
Recreation Area has shifted dramatically since the
establishment of the national recreation area from waterborne
to water-related and land-based activities.
(5) The State of Georgia and its political subdivisions
along the Chattahoochee River have indicated their willingness
to join in cooperative efforts with the United States of
America to link existing units of the national recreation area
with a series of linear corridors to be established within the
area of national concern and elsewhere on the river and
provided Congress appropriates certain funds in support of such
effort, funding from the State, its political subdivisions,
private foundations, corporate entities, private individuals,
and other sources will be available to fund more than half of
the estimated cost of such cooperative effort.
(b) Purposes.--The purposes of this section are to--
(1) increase the level of protection of the remaining open
spaces within the area of national concern along the
Chattahoochee River and to enhance visitor enjoyment of such
areas by adding land-based links between existing units of the
national recreation area;
(2) assure that the national recreation area is managed to
standardize acquisition, planning, design, construction, and
operation of the linear corridors; and
(3) authorize the appropriation of Federal funds to cover a
portion of the costs of the Federal, State, local, and private
cooperative effort to add additional areas to the Chattahoochee
River National Recreation Area in order to establish a series
of linear corridors linking existing units of the national
recreation area and to protect other undeveloped portions of
the Chattahoochee River corridor.
(c) Amendments to Chattahoochee NRA Act.--The Act of August 15,
1978, entitled ``An Act to authorize the establishment of the
Chattahoochee River National Recreation Area in the State of Georgia,
and for other purposes'' (Public Law 95-344; 16 U.S.C. 460ii-2(b)) is
amended as follows:
(1) Section 101 is amended as follows:
(A) By inserting after ``map entitled `Boundary
Map, Chattahoochee River National Recreation Area',
numbered Chat-20,003 and dated September 1984'' the
following: ``and on the maps entitled `Chattahoochee
River National Recreation Area, Interim Boundary Map
#1, #2, and #3, dated ______''.
(B) By amending the fourth sentence to read as
follows: ``After July 1, 1999, the Secretary of the
Interior (in this Act referred to as the `Secretary')
may modify the boundaries of the recreation area to
include other lands within the river corridor of the
Chattahoochee River by submitting a revised map or
other boundary description to the Congress. Such
revised boundaries shall take effect on the date 6
months after the date of such submission unless, within
such 6-month period, the Congress adopts a Joint
Resolution disapproving such revised boundaries. Such
revised map or other boundary description shall be
prepared by the Secretary after consultation with
affected landowners and with the State of Georgia and
affected political subdivisions.''.
(C) By striking out ``may not exceed approximately
6,800 acres.'' and inserting ``may not exceed 10,000
acres.''.
(2) Section 102(f) is repealed.
(3) Section 103(b) is amended to read as follows:
``(b) Cooperative Agreements.--The Secretary is authorized to enter
into cooperative agreements with the State, its political subdivisions,
and other entities to assure standardized acquisition, planning,
design, construction, and operation of the national recreation area.''.
(4) Section 105(a) is amended to read as follows:
``(a) Authorization of Appropriations; Acceptance of Donations.--In
addition to funding and the donation of lands and interests in lands
provided by the State of Georgia, local government authorities, private
foundations, corporate entities, and individuals, and funding that may
be available pursuant to the settlement of litigation, there is hereby
authorized to be appropriated for land acquisition not more than
$25,000,000 for fiscal years after fiscal year 1998. The Secretary is
authorized to accept the donation of funds and lands or interests in
lands to carry out this Act.''.
(5) Section 105(c) (16 U.S.C. 460ii-4(c)) is amended by
adding the following at the end thereof: ``The Secretary shall
submit a new plan within 3 years after the enactment of this
sentence to provide for the protection, enhancement, enjoyment,
development, and use of areas added to the national recreation
area. During the preparation of the revised plan the Secretary
shall seek and encourage the participation of the State of
Georgia and its affected political subdivisions, private
landowners, interested citizens, public officials, groups,
agencies, educational institutions, and others.''.
(6) Section 102(a) (16 U.S.C. 460ii-1(a)) is amended by
inserting the following before the period at the end of the
first sentence: ``, except that lands and interests in lands
within the Addition Area depicted on the map referred to in
section 101 may not be acquired without the consent of the
owner thereof''.
TITLE VII--REAUTHORIZATIONS
SEC. 701. REAUTHORIZATION OF NATIONAL HISTORIC PRESERVATION ACT.
The National Historic Preservation Act (16 U.S.C. 470 and
following; Public Law 89-665) is amended as follows:
(1) In the third sentence of section 101(a)(6) (16 U.S.C.
470a(a)(6)) by striking ``shall review'' and inserting ``may
review'' and by striking ``shall determine'' and inserting
``determine''.
(2) Section 101(e)(2) (16 U.S.C. 470a(e)(2)) is amended to
read as follows:
``(2) The Secretary may administer grants to the National Trust for
Historic Preservation in the United States, chartered by an Act of
Congress approved October 26, 1949 (63 Stat. 947), consistent with the
purposes of its charter and this Act.''.
(3) Section 102 (16 U.S.C. 470b) is amended by
redesignating subsection (e) as subsection (f) and by
redesignating subsection (d), as added by section 4009(3) of
Public Law 102-575, as subsection (e).
(4) Section 101(b)(1) (16 U.S.C. 470a(b)(1)) is amended by
adding the following at the end thereof:
``For purposes of subparagraph (A), the State and Indian tribe shall be
solely responsible for determining which professional employees, are
necessary to carry out the duties of the State or tribe, consistent
with standards developed by the Secretary.''.
(5) Section 107 (16 U.S.C. 470g) is amended to read as
follows:
``Sec. 107. Nothing in this Act shall be construed to be applicable
to the White House and its grounds, the Supreme Court building and its
grounds, or the United States Capitol and its related buildings and
grounds as depicted on the map entitled `Map Showing Properties Under
the Jurisdiction of the Architect of the Capitol' and dated November 6,
1996, which shall be on file in the office of the Secretary of the
Interior.''.
(6) Section 108 (16 U.S.C. 470h) is amended by striking
``1997'' and inserting ``2004''.
(7) Section 110(a)(1) (16 U.S.C. 470h-2(a)(1)) is amended
by inserting the following before the period at the end of the
second sentence: ``, especially those located in central
business areas. When locating Federal facilities, Federal
agencies shall give first consideration to historic properties
in historic districts. If no such property is operationally
appropriate and economically prudent, then Federal agencies
shall consider other developed or undeveloped sites within
historic districts. Federal agencies shall then consider
historic properties outside of historic districts, if no
suitable site within a district exists. Any rehabilitation or
construction that is undertaken pursuant to this Act must be
architecturally compatible with the character of the
surrounding historic district or properties''.
(8) The first sentence of section 110(l) (16 U.S.C. 470h-
2(l)) is amended by striking ``with the Council'' and inserting
``pursuant to regulations issued by the Council''.
(9) The last sentence of section 212(a) (16 U.S.C. 470t(a))
is amended by striking ``2000'' and inserting ``2004''.
SEC. 702. REAUTHORIZATION OF DELAWARE WATER GAP NATIONAL RECREATION
AREA CITIZEN ADVISORY COMMISSION.
Section 5 of Public Law 101-573 (16 U.S.C. 460o note) is amended by
striking ``10'' and inserting ``20''.
SEC. 703. COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY.
Public Law 100-515 (102 Stat. 2563; 16 U.S.C. 1244 note) is amended
as follows:
(1) In subsection (b)(1) of section 6 by striking
``$1,000,000'' and inserting ``$4,000,000''.
(2) In subsection (c) of section 6 by striking ``five'' and
inserting ``10''.
(3) In the second sentence of section 2 by inserting
``including sites in the Township of Woodbridge, New Jersey,''
after ``cultural sites''.
SEC. 704. EXTENSION OF AUTHORIZATION FOR UPPER DELAWARE CITIZENS
ADVISORY COUNCIL.
The last sentence of paragraph (1) of section 704(f) of the
National Parks and Recreation Act of 1978 (16 U.S.C. 1274 note) is
amended by striking ``20'' and inserting ``30''.
TITLE VIII--RIVERS AND TRAILS
SEC. 801. NATIONAL DISCOVERY TRAILS.
(a) National Trails System Act Amendments.--
(1) National Discovery Trails Established.--
(A) In general.--Section 3(a) of the National
Trails System Act (16 U.S.C. 1242(a)) is amended by
inserting after paragraph (4) the following:
``(5)(A) National discovery trails, established as provided
in section 5, which will be extended, continuous, interstate
trails so located as to provide for outstanding outdoor
recreation and travel and to connect representative examples of
America's trails and communities. National discovery trails
should provide for the conservation and enjoyment of
significant natural, cultural, and historic resources
associated with each trail and should be so located as to
represent metropolitan, urban, rural, and backcountry regions
of the Nation. Any such trail may be designated on Federal
lands and, with the consent of the owner thereof, on any non-
Federal lands. The consent of the owner shall be obtained in
the form of a written agreement, which shall include such terms
and conditions as the parties to the agreement consider
advisable, and may include provisions regarding the
discontinuation of the trail designation. The Congress does not
intend for the establishment of a national discovery trail to
lead to the creation of protective perimeters or buffer zones
adjacent to a national discovery trail. The fact that there may
be activities or uses on lands adjacent to the trail that would
not be permitted on the trail shall not preclude such
activities or uses on such lands adjacent to the trail to the
extent consistent with other applicable law. Nothing in this
Act may be construed to impose or permit the imposition of any
landowner on the use of any non-Federal lands without the
consent of the owner. Neither the designation of a national
discovery trail nor any plan related thereto shall affect, or
be considered, in the granting or denial of a right-of-way or
any conditions relating thereto.
``(B) The appropriate Secretary for each national discovery
trail shall administer the trail in cooperation with a
competent trailwide volunteer-based organization. Where
national discovery trails are congruent with other local,
State, national scenic, or national historic trails, the
designation of the discovery trail shall not in any way
diminish the values and significance for which these trails
were established.''.
(B) Feasibility requirements; cooperative
management requirement.--Section 5(b) of such Act (16
U.S.C. 1244(b)) is amended by adding at the end the
following new paragraph:
``(12) For purposes of this subsection, a trail shall not
be considered feasible and desirable for designation as a
national discovery trail unless it meets all of the following
criteria:
``(A) The trail must link to one or more areas
within the boundaries of a metropolitan area (as those
boundaries are determined under section 134(c) of title
23, United States Code). It should also join with other
trails, tying the National Trails System to significant
recreation and resources areas.
``(B) The trail must be supported by at least one
competent trailwide volunteer-based organization. Each
trail shall have extensive local and trailwide support
by the public, by user groups, and by affected State
and local governments.
``(C) The trail must be extended and pass through
more than one State. At a minimum, it should be a
continuous, walkable route. National discovery trails
are specifically exempted from the provisions of
sections 7(g) of this Act.
``(D) The appropriate Secretary shall obtain
written consent from affected landowners prior to
entering nonpublic lands for the purposes of conducting
any surveys or studies of nonpublic lands for purposes
of this Act. Provided, before any designation or
establishment of any discovery trail provided by this
Act, the appropriate Secretary must ensure written
notification to all nonpublic landowners on which a
designated trail crosses or abuts nonpublic lands.
Furthermore, any nonpublic landowner that has property
crossed by or abutting land designated under this Act,
if trespassing should occur by travelers on the
National Discovery Trail, has the right to request and
subsequently require the appropriate Secretary to
coordinate with State and local officials to ensure to
the maximum extent feasible that no further trespassing
should occur on such nonpublic land.''.
(2) Designation of the American Discovery Trail as a
National Discovery Trail.--Section 5(a) of such Act (16 U.S.C.
1244(a)) is amended as follows:
(A) By redesignating the paragraph relating to the
California National Historic Trail as paragraph (18).
(B) By redesignating the paragraph relating to the
Pony Express National Historic Trail as paragraph (19).
(C) By redesignating the paragraph relating to the
Selma to Montgomery National Historic Trail as
paragraph (20).
(D) By adding at the end the following:
``(21) The American Discovery Trail, a trail of approximately 6,000
miles extending from Cape Henlopen State Park in Delaware to Point
Reyes National Seashore in California, extending westward through
Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and
Kentucky, where near Cincinnati it splits into two routes. The Northern
Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and
Colorado, and the Southern Midwest route traverses Indiana, Illinois,
Missouri, Kansas, and Colorado. After the two routes rejoin in Denver,
Colorado, the route continues through Colorado, Utah, Nevada, and
California. The trail is generally described in Volume 2 of the
National Park Service feasibility study dated June 1995 which shall be
on file and available for public inspection in the office of the
Director of the National Park Service, Department of the Interior, the
District of Columbia. The American Discovery Trail shall be
administered by the Secretary of the Interior in cooperation with at
least one competent trailwide volunteer-based organization, affected
land managing agencies and State and local governments as appropriate.
No lands or interests outside the exterior boundaries of federally
administered areas may be acquired by the Federal Government solely for
the American Discovery Trail. The American Discovery Trail is
specifically exempted from the provisions of subsection (e), (f), and
(g) of section 7.''.
(3) Comprehensive National Discovery Trail Plan.--Section 5
of such Act (16 U.S.C. 1244) is further amended by adding at
the end the following new subsection:
``(g) Within 3 complete fiscal years after the date of enactment of
any law designating a national discovery trail, the responsible
Secretary shall submit a comprehensive plan for the protection,
management, development, and use of the Federal portions of the trail,
and provide technical assistance to States and local units of
government and private landowners, as requested, for nonfederal
portions of the trail, to the Committee on Resources of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate. In developing a comprehensive
management plan for a national discovery trail, the responsible
Secretary shall cooperate to the fullest practicable extent with the
organizations sponsoring the trail. The responsible Secretary shall
ensure that the comprehensive plan does not conflict with existing
agency direction and shall consult with the affected land managing
agencies, the Governors of the affected States, affected county and
local political jurisdictions, and local organizations maintaining
components of the trail. Components of the comprehensive plan include--
``(1) policies, objectives and practices to be observed in
the administration and management of the trail, including the
identification of all significant natural, historical, and
cultural resources to be preserved, model agreements necessary
for joint trail administration among and between interested
parties, and an identified carrying capacity for critical
segments of the trail and procedures for implementation, where
appropriate;
``(2) strategies for trail protection to retain the values
for which the trail is being established and recognized by the
Federal Government;
``(3) general and site-specific trail-related development,
including anticipated costs; and
``(4) the process to be followed to implement the trail
marking authorities in section 7(c) conforming to approved
trail logo or emblem requirements.''.
(b) Conforming Amendments.--The National Trails System Act is
amended:
(1) In section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery''.
(2) In the section heading to section 5 (16 U.S.C. 1244),
by striking ``and national historic'' and inserting ``,
national historic, and national discovery''.
(3) In section 5(a) (16 U.S.C. 1244(a)), in the matter
preceding paragraph (1)--
(A) by striking ``and national historic'' and
inserting ``, national historic, and national
discovery''; and
(B) by striking ``and National Historic'' and
inserting ``, National Historic, and National
Discovery''.
(4) In section 5(b) (16 U.S.C. 1244(b)), in the matter
preceding paragraph (1), by striking ``or national historic''
and inserting ``, national historic, or national discovery''.
(5) In section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking
``or national historic'' and inserting ``, national historic,
or national discovery''.
(6) In section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking
``and national historic'' and inserting ``, national historic,
and national discovery''.
(7) In section 7(b) (16 U.S.C. 1246(b)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery''.
(8) In section 7(c) (16 U.S.C. 1246(c))--
(A) by striking ``scenic or national historic''
each place it appears and inserting ``scenic, national
historic, or national discovery'';
(B) in the second proviso, by striking ``scenic, or
national historic'' and inserting ``scenic, national
historic, or national discovery''; and
(C) by striking ``, and national historic'' and
inserting ``, national historic, and national
discovery''.
(9) In section 7(d) (16 U.S.C. 1246(d)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery''.
(10) In section 7(e) (16 U.S.C. 1246(e)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery''.
(11) In section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking
``National Scenic or Historic Trail'' and inserting ``national
scenic, historic, or discovery trail''.
(12) In section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking
``or national historic'' and inserting ``national historic, or
national discovery''.
(13) In section 7(i) (16 U.S.C. 1246(i)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery''.
SEC. 802. LINCOLN NATIONAL HISTORIC TRAIL.
(a) Potential Addition.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1276(a)) is amended by adding the following new
paragraph at the end thereof:
``( ) The Lincoln National Historic Trail, a trail of
approximately 350 miles extending from Lake Michigan to the
Mississippi River, as generally described in `The Proposal' in
the Department of the Interior report entitled `Illinois Trail,
National Trail Feasibility Study and Environmental Assessment',
dated September 1987, with an extension of the water route down
the Mississippi River to connect with the Lewis and Clark
National Historic Trail near Wood River, Illinois. A map
generally depicting the route shall be on file and available
for public inspection in the Office of the Director of the
National Park Service, Washington, District of Columbia. The
trail shall be administered by the Secretary of the
Interior.''.
(b) Designation.--Section 3(a) of the National Trails System Act
(16 U.S.C. 1274(a)) is amended by adding the following new paragraph at
the end thereof:
``( ) Sudbury, assabet, and concord rivers,
massachusetts.--The 29 miles of river segments in
Massachusetts, as follows:
``(A) The 14.9 mile segment of the Sudbury river
beginning at the Danforth Street bridge in the town of
Framington, downstream to Route 2 bridge in Concord, as
a scenic river.
``(B) The 1.7 mile segment of the Sudbury River
from the Route 2 bridge downstream to its confluence
with the Assabet River at Egg Rock, as a recreational
river.
``(C) The 4.4 mile segment of the Assabet River
beginning 1,000 feet downstream from the Damon Mill Dam
in the town of Concord, to its confluence with the
Sudbury River at Egg Rock in Concord, as a recreational
river.
``(D) The 8.0 mile segment of the Concord River
from Egg Rock at the confluence of the Sudbury and
Assabet Rivers downstream to the Route 3 bridge in the
town of Billerica, as a recreational river.
The segments referred to in subparagraphs (A) through (D) shall
be administered by the Secretary of the Interior in cooperation
with the SUASCO River Stewardship Council provided for in the
plan through cooperative agreements under section 10(e) between
the Secretary and the Commonwealth of Massachusetts and its
relevant political subdivisions (including the towns of
Framingham, Wayland, Sudbury, Lincoln, Concord, Carlisle,
Bedford, and Billerica). The segments shall be managed in
accordance with the plan entitled `Sudbury, Assabet and Concord
Wild and Scenic River Study, River Conservation Plan' dated
March 16, 1995. The plan is deemed to satisfy the requirement
for a comprehensive management plan under subsection (d) of
this section.''.
SEC. 803. ASSISTANCE TO THE NATIONAL HISTORIC TRAILS INTERPRETIVE
CENTER.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds and declares the
following:
(A) The city of Casper, Wyoming, is nationally
significant as the only geographic location in the
western United States where 4 congressionally
recognized historic trails (the Oregon Trail, the
Mormon Trail, the California Trail, and the Pony
Express Trail), the Bridger Trail, the Bozeman Trail,
and many Indian routes converged.
(B) The historic trails that passed through the
Casper area are a distinctive part of the national
character and possess important historical and cultural
values representing themes of migration, settlement,
transportation, and commerce that shaped the landscape
of the West.
(C) The Bureau of Land Management has not yet
established a historic trails interpretive center in
Wyoming or in any adjacent State to educate and focus
national attention on the history of the mid-19th
century immigrant trails that crossed public lands in
the Intermountain West.
(D) At the invitation of the Bureau of Land
Management, the city of Casper and the National
Historic Trails Foundation, Inc. (a nonprofit
corporation established under the laws of the State of
Wyoming) entered into a memorandum of understanding in
1992, and have since signed an assistance agreement in
1993 and a cooperative agreement in 1997, to create,
manage, and sustain a National Historic Trails
Interpretive Center to be located in Casper, Wyoming,
to professionally interpret the historic trails in the
Casper area for the benefit of the public.
(E) The National Historic Trails Interpretive
Center authorized by this section is consistent with
the purposes and objectives of the National Trails
System Act (16 U.S.C. 1241 et seq.), which directs the
Secretary of the Interior to protect, interpret, and
manage the remnants of historic trails on public lands.
(F) The State of Wyoming effectively joined the
partnership to establish the National Historic Trails
Interpretive Center through a legislative allocation of
supporting funds, and the citizens of the city of
Casper have increased local taxes to meet their
financial obligations under the assistance agreement
and the cooperative agreement referred to in paragraph
(4).
(G) The National Historic Trails Foundation, Inc.
has secured most of the $5,000,000 of non-Federal
funding pledged by State and local governments and
private interests pursuant to the cooperative agreement
referred to in subparagraph (D).
(H) The Bureau of Land Management has completed the
engineering and design phase of the National Historic
Trails Interpretive Center, and the National Historic
Trails Foundation, Inc. is ready for Federal financial
and technical assistance to construct the Center
pursuant to the cooperative agreement referred to in
subparagraph (D).
(2) Purposes.--The purposes of this section are the
following:
(A) To recognize the importance of the historic
trails that passed through the Casper, Wyoming, area as
a distinctive aspect of American heritage worthy of
interpretation and preservation.
(B) To assist the city of Casper, Wyoming, and the
National Historic Trails Foundation, Inc. in
establishing the National Historic Trails Interpretive
Center to memorialize and interpret the significant
role of those historic trails in the history of the
United States.
(C) To highlight and showcase the Bureau of Land
Management's stewardship of public lands in Wyoming and
the West.
(b) National Historic Trails Interpretive Center.--
(1) Establishment.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management (in this
section referred to as the ``Secretary''), shall establish in
Casper, Wyoming, a center for the interpretation of the
historic trails in the vicinity of Casper, including the Oregon
Trail, the Mormon Trail, the California Trail, and the Pony
Express Trail, the Bridger Trail, the Bozeman Trail, and
various Indian routes. The center shall be known as the
National Historic Trails Interpretive Center (in this section
referred to as the ``Center'').
(2) Facilities.--The Secretary, subject to the availability
of appropriations, shall construct, operate, and maintain
facilities for the Center--
(A) on land provided by the city of Casper,
Wyoming;
(B) in cooperation with the city of Casper and the
National Historic Trails Interpretive Center
Foundation, Inc. (a nonprofit corporation established
under the laws of the State of Wyoming); and
(C) in accordance with--
(i) the Memorandum of Understanding entered
into on March 4, 1993, by the city, the
foundation, and the Wyoming State Director of
the Bureau of Land Management; and
(ii) the cooperative agreement between the
foundation and the Wyoming State Director of
the Bureau of Land Management, numbered
K910A970020.
(3) Donations.--Notwithstanding any other provision of law,
the Secretary may accept, retain, and expend donations of
funds, property, or services from individuals, foundations,
corporations, or public entities for the purpose of development
and operation of the Center.
(4) Entrance fee.--Notwithstanding section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a),
the Secretary may--
(A) collect an entrance fee from visitors to the
Center; and
(B) use amounts received by the United States from
that fee for expenses of operation of the Center.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 to carry out
this section.
TITLE IX--HAZARDOUS FUELS REDUCTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Community Protection and Hazardous
Fuels Reduction Act of 1998''.
SEC. 902. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Management of Federal lands has been characterized by
large cyclical variations in fire suppression policies, timber
harvesting levels, and the attention paid to commodity and
noncommodity values.
(2) Forests on Federal lands are experiencing significant
disease epidemics and insect infestations.
(3) The combination of inconsistent management and natural
effects has resulted in a hazardous fuels buildup on Federal
lands that threatens catastrophic wildfire.
(4) While the long-term effect of catastrophic wildfire on
forests and forest systems is a matter of debate, there should
be no question that catastrophic wildfire must be prevented in
areas of the Federal lands where wildlands abut, or are located
in close proximity to, communities, residences, and other
private and public facilities on non-Federal lands.
(5) Wildfire resulting from hazardous fuels buildup in such
wildland/urban interface areas threatens the destruction of
communities, puts human life and property at risk, threatens
community water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air quality.
(6) The Secretary of Agriculture and the Secretary of the
Interior must assign a high priority and undertake aggressive
management to achieve the elimination of hazardous fuel buildup
and reduction of the risk of wildfire to the wildland/urban
interface areas on Federal lands. Protection of human life and
property, including water supplies and ambient air quality,
must be given the highest priority.
(7) The noncommodity resources, including riparian zones
and wildlife habitats, in wildland/urban interface areas on
Federal lands which must be protected to provide recreational
opportunities, clean water, and other amenities to neighboring
communities and the public suffer from a backlog of unfunded
forest management projects designed to provide such protection.
(8) In a period of fiscal austerity characterized by
shrinking budgets and personnel levels, Congress must provide
the Secretary of Agriculture and the Secretary of the Interior
with innovative tools to accomplish the required reduction in
hazardous fuels buildup and undertake other forest management
projects in the wildland/urban interface areas on the Federal
lands at least cost.
(b) Purpose.--The purpose of this title is to provide new authority
and innovative tools to the Secretary of Agriculture and the Secretary
of the Interior to safeguard communities, lives, and property by
reducing or eliminating the threat of catastrophic wildfire, and to
undertake needed forest management projects, in wildland/urban
interface areas on Federal lands.
SEC. 903. DEFINITIONS.
As used in this title:
(1) Federal lands.--The term ``Federal lands'' means--
(A) federally managed lands administered by the
Bureau of Land Management under the Secretary of the
Interior; and
(B) federally managed lands administered by the
Secretary of Agriculture.
(2) Forest management project.--The term ``forest
management project'' means a project, including riparian zone
enhancement, habitat improvement, forage removal by livestock
grazing or mechanical means, and soil stabilization or other
water quality improvement project, designed to protect one or
more noncommodity resources on or in close proximity to Federal
lands.
(3) Land management plan.--The term ``land management
plan'' means the following:
(A) With respect to Federal lands described in
paragraph (1)(A), a land use plan prepared by the
Bureau of Land Management pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands described in
paragraph (1)(B), a land and resource management plan
(or if no final plan is in effect, a draft land and
resource management plan) prepared by the Forest
Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (1)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (1)(B), the Secretary of Agriculture.
(5) Wildland/urban interface area.--The term ``wildland/
urban interface area'' means the line, area, or zone where
structures and other human development meet or intermingle with
undeveloped wildland or vegetative fuel.
(6) Congressional committees.--The term ``congressional
committees'' means the Committee on Resources and the Committee
on Agriculture of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(7) Hazardous fuels buildup.--The term ``hazardous fuels
buildup'' means that level of fuels accumulation, within a fire
regime, in which an ignition with the right combination of
weather and topographic conditions can result in--
(A) a dangerous exposure of risk to firefighters
and the public;
(B) a high potential to cause risk of loss to key
components that define ecological resources, capital
investments, and private property; or
(C) both subparagraphs (A) and (B).
(8) Fuels.--The term ``fuels'' includes forage, woody
debris, duff, needle cast, brush, dead or dying understory, and
dead or dying overstory.
Subtitle A--Management of Wildland/Urban Interface Areas
SEC. 911. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.
On or before September 30 of each year, each District Manager of
the Bureau of Land Management and each Forest Supervisor of the Forest
Service shall identify those areas on Federal lands within the
jurisdiction of the District Manager or Forest Supervisor that the
District Manager or Forest Supervisor determines--
(1) meet the definition of wildland/urban interface areas;
and
(2) have hazardous fuels buildups and other forest
management needs that warrant the use of forest management
projects as provided in section 912.
SEC. 912. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST
MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS.
(a) Contracting Authority.--
(1) In general.--The Secretary concerned is authorized to
enter into contracts under this section for the sale of forest
products in a wildland/urban interface area identified under
section 911 for the purpose of reducing hazardous fuels
buildups in the area.
(2) Inclusion of forest management projects.--Subject to
paragraph (3), the Secretary concerned may require, as a
condition of any sale of forest products referred to in
paragraph (1), that the purchaser of such products undertake
one or more forest management projects in the wildland/urban
interface area.
(3) Conditions on inclusion.--The Secretary concerned may
include a forest management project as a condition in a
contract for the sale of forest products referred to in
paragraph (1) only when the Secretary determines that--
(A) the forest management project is consistent
with the applicable land management plan; and
(B) the objectives of the forest management project
can be accomplished most cost efficiently and
effectively when the project is performed as part of
the sale contract.
(b) Financing and Supplemental Funding.--
(1) Forest management credits.--The financing of a forest
management project required as a condition of a contract for a
sale authorized by subsection (a) shall be accomplished through
the inclusion in the contract of a provision for amortization
of the cost of the forest management project through the
issuance of forest management credits to the purchaser. Such
forest management credits shall offset the cost of the required
forest management project against the purchaser's payment for
forest products.
(2) Use of appropriated funds.--The Secretary concerned may
use appropriated funds to assist the purchaser to undertake a
forest management project required as a condition of a contract
authorized by subsection (a) if such funds are provided from
the resource function or functions that directly benefit from
the performance of the project and are available from the
annual appropriation for such function or functions during the
fiscal year in which the sale is offered. The amount of
assistance to be provided for each forest management project
shall be included in the prospectus, and published in the
advertisement, for the sale.
(c) Determination of Forest Management Credits.--Prior to the
advertisement of a sale authorized by subsection (a), the Secretary
concerned shall determine the amount of forest management credits to be
allocated to each forest management project to be required as a
condition of the sale contract. A description of the forest management
project, and the amount of the forest management credits allocated to
the project, shall be included in the prospectus, and published in the
advertisement, for the sale.
(d) Transfer of Forest Management Credits.--The Secretary concerned
may permit a purchaser that holds forest management credits earned by
the purchaser as part of a sale authorized by subsection (a), but not
used in connection with that sale, to transfer the forest management
credits to another sale authorized by subsection (a) if--
(1) the subsequent sale is also purchased by that
purchaser; and
(2) the sale parcel is located on Federal lands under that
Secretary's jurisdiction.
(e) Treatment of Forest Management Credits as Moneys Received.--
(1) Bureau of land management lands.--In the case of
Federal lands described in section 903(1)(A), all amounts
earned by or allowed to any purchaser of a sale authorized by
subsection (a) in the form of forest management credits shall
be considered to be money received for purposes of title II of
the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the
first section of the Act of May 24, 1939 (53 Stat. 753; 43
U.S.C. 1181f-1), or other applicable law concerning the
distribution of receipts from the sale of forest products on
such lands.
(2) Forest system lands.--In the case of Federal lands
described in section 903(1)(B), all amounts earned by or
allowed to any purchaser of a sale authorized by subsection (a)
in the form of forest management credits shall be considered to
be money received for purposes of the sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat.
260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911
(36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
(f) Cost Considerations.--Because of the strong concern for the
safety of human life and property and the protection of water quality,
air quality, and wildlife habitat, a sale authorized by subsection (a)
shall not be precluded because the costs of the sale may exceed the
revenues derived from the sale, nor shall such sales be considered in
any calculations concerning the revenue effects of the forest products
sales program for the Federal lands or units of the Federal lands.
(g) Limitation on Credits.--Each Secretary concerned may utilize
the authority in this section for up to $75,000,000 per fiscal year.
SEC. 913. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the preparation and offering
of contracts, and the performance of forest management projects,
pursuant to section 912 to determine the effectiveness of such
contracts and forest management projects in achieving the purpose of
this title.
SEC. 914. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 90 days after the end of each
full fiscal year in which contracts are entered into under section 912,
the Secretary concerned shall submit to the congressional committees a
report, which shall provide for the Federal lands within the
jurisdiction of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas identified
on or before September 30 of the previous fiscal year pursuant
to section 911.
(2) A summary of all contracts entered into, and all forest
management projects performed, pursuant to section 912 during
the preceding fiscal year;
(3) A discussion of any delays in excess of three months
encountered during the preceding fiscal year, and likely to
occur in the fiscal year in which the report is submitted, in
preparing and offering the sales, and in performing the forest
management projects, pursuant to section 912.
(4) The results of the monitoring required by section 913
of the contracts authorized, and the forest management projects
performed, pursuant to section 912.
(5) Any anticipated problems in the implementation of this
subtitle.
(b) Four Year Report.--The fourth report prepared by the Secretary
concerned under subsection (a) shall contain, in addition to the
matters required by subsection (a), the following:
(1) An assessment by the Secretary concerned regarding
whether the contracting authority provided in section 912
should be reauthorized beyond the period specified in section
915(a).
(2) If reauthorization is warranted, such recommendations
as the Secretary concerned considers appropriate regarding
changes in such authority to better achieve the purpose of this
title.
SEC. 915. TERMINATION OF AUTHORITY.
(a) Termination Date.--The authority of the Secretary concerned to
offer sales of forest products pursuant to section 912, and to require
the purchasers of such products to undertake forest management projects
as a condition of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring after the date
of the enactment of this Act.
(b) Effect on Existing Sales.--Any contract for a sale of forest
products pursuant to section 912 entered into before the end of the
period specified in subsection (a), and still in effect at the end of
such period, shall remain in effect after the end of such period
pursuant to the terms of the contract.
(c) Effect on Existing Forest Management Credits.--If any forest
management credits from a sale of forest products pursuant to section
912 are not used before the end of the period specified in subsection
(a), and no law providing authority to offer sales pursuant to section
912 after such period is enacted by Congress, such credits may be used
after such period in any sale of forest products that is authorized by
another law, is purchased by the purchaser of the sale in which the
credits were earned, and is conducted by the Secretary concerned who
had jurisdiction over the sale in which the credits were earned.
Subtitle B--Miscellaneous Provisions
SEC. 921. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary concerned shall prescribe such regulations as are
necessary and appropriate to implement this title.
SEC. 922. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first five
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary to carry out this title.
TITLE X--MISCELLANEOUS PROVISIONS
SEC. 1001. AUTHORITY TO ESTABLISH MAHATMA GANDHI MEMORIAL.
(a) In General.--The Government of India may establish a memorial
to honor Mahatma Gandhi on the Federal land in the District of
Columbia.
(b) Cooperative Agreements.--The Secretary of the Interior or any
other head of a Federal agency may enter into cooperative agreements
with the Government of India to maintain features associated with the
memorial.
(c) Compliance With Standards for Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001 et seq.), except that sections
2(c) and 6(b) of that Act shall not apply with respect to the memorial.
(d) Limitation on Payment of Expenses.--The Government of the
United States shall not pay any expense of the establishment of the
memorial or its maintenance.
SEC. 1002. ESTABLISHMENT OF THE NATIONAL CAVE AND KARST RESEARCH
INSTITUTE IN NEW MEXICO.
(a) Purposes.--The purposes of this section are--
(1) to further the science of speleology;
(2) to centralize and standardize speleological
information;
(3) to foster interdisciplinary cooperation in cave and
karst research programs;
(4) to promote public education;
(5) to promote national and international cooperation in
protecting the environment for the benefit of cave and karst
landforms; and
(6) to promote and develop environmentally sound and
sustainable resource management practices.
(b) Establishment of the Institute.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), acting through the
Director of the National Park Service, shall establish the
National Cave and Karst Research Institute (referred to in this
section as the ``Institute'').
(2) Purposes.--The Institute shall, to the extent
practicable, further the purposes of this section.
(3) Location.--The Institute shall be located in the
vicinity of Carlsbad Caverns National Park, in the State of New
Mexico. The Institute shall not be located inside the
boundaries of Carlsbad Caverns National Park.
(c) Administration of the Institute.--
(1) Management.--The Institute shall be jointly
administered by the National Park Service and a public or
private agency, organization, or institution, as determined by
the Secretary.
(2) Guidelines.--The Institute shall be operated and
managed in accordance with the study prepared by the National
Park Service pursuant to section 203 of Public Law 101-578 (16
U.S.C. 4310 note).
(3) Contracts and cooperative agreements.--The Secretary
may enter into a contract or cooperative agreement with a
public or private agency, organization, or institution to carry
out this section.
(4) Facility.--
(A) Leasing or acquiring a facility.--The Secretary
may lease or acquire a facility for the Institute.
(B) Construction of a facility.--If the Secretary
determines that a suitable facility is not available
for a lease or acquisition under subparagraph (A), the
Secretary may construct a facility for the Institute.
(5) Acceptance of grants and transfers.--To carry out this
section, the Secretary may accept--
(A) a grant or donation from a private person; or
(B) a transfer of funds from another Federal
agency.
(d) Funding.--
(1) Matching funds.--The Secretary may spend only such
amount of Federal funds to carry out this section as is matched
by an equal amount of funds from non-Federal sources.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1003. GUADALUPE-HIDALGO TREATY LAND CLAIMS.
(a) Definitions and Findings.--
(1) Definitions.--For purposes of this section:
(A) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission
established under subsection (b).
(B) Treaty of guadalupe-hidalgo.--The term ``Treaty
of Guadalupe-Hidalgo'' means the Treaty of Peace,
Friendship, Limits, and Settlement (Treaty of Guadalupe
Hidalgo), between the United States and the Republic of
Mexico, signed February 2, 1848 (TS 207; 9 Bevans 791).
(C) Eligible descendant.--The term ``eligible
descendant'' means a descendant of a person who--
(i) was a Mexican citizen before the Treaty
of Guadalupe-Hidalgo;
(ii) was a member of a community land
grant; and
(iii) became a United States citizen within
ten years after the effective date of the
Treaty of Guadalupe-Hidalgo, May 30, 1848,
pursuant to the terms of the Treaty.
(D) Community land grant.--The term ``community
land grant'' means a village, town, settlement, or
pueblo consisting of land held in common (accompanied
by lesser private allotments) by three or more families
under a grant from the King of Spain (or his
representative) before the effective date of the Treaty
of Cordova, August 24, 1821, or from the authorities of
the Republic of Mexico before May 30, 1848, in what
became the State of New Mexico, regardless of the
original character of the grant.
(E) Reconstituted.--The term ``reconstituted'',
with regard to a valid community land grant, means
restoration to full status as a municipality with
rights properly belonging to a municipality under State
law and the right of local self-government.
(2) Findings.--Congress finds the following:
(A) New Mexico has a unique history regarding the
acquisition of ownership of land as a result of the
substantial number of Spanish and Mexican land grants
that were an integral part of the colonization and
growth of New Mexico before the United States acquired
the area in the Treaty of Guadalupe- Hidalgo.
(B) Various provisions of the Treaty of Guadalupe-
Hidalgo have not yet been fully implemented in the
spirit of Article VI, section 2, of the Constitution of
the United States.
(C) Serious questions regarding the prior ownership
of lands in the State of New Mexico, particularly
certain public lands, still exist.
(D) Congressionally established land claim
commissions have been used in the past to successfully
examine disputed land possession questions.
(b) Establishment and Membership of Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Guadalupe-Hidalgo Treaty Land Claims
Commission''.
(2) Number and appointment of members.--The Commission
shall be composed of 5 members appointed by the President by
and with the advice and consent of the Senate. At least 2 of
the members of the Commission shall be selected from among
persons who are eligible descendants.
(3) Terms.--Each member shall be appointed for the life of
the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(4) Compensation.--Members shall each be entitled to
receive the daily equivalent of level V of the Executive
Schedule for each day (including travel time) during which they
are engaged in the actual performance of duties vested in the
Commission.
(c) Examination of Land Claims.--
(1) Submission of land claims petitions.--Any 3 (or more)
eligible descendants who are also descendants of the same
community land grant may file with the Commission a petition on
behalf of themselves and all other descendants of that
community land grant seeking a determination of the validity of
the land claim that is the basis for the petition.
(2) Deadline for submission.--To be considered by the
Commission, a petition under paragraph (1) must be received by
the Commission not later than 5 years after the date of the
enactment of this Act.
(3) Elements of petition.--A petition under paragraph (1)
shall be made under oath and shall contain the following:
(A) The names and addresses of the eligible
descendants who are petitioners.
(B) The fact that the land involved in the petition
was a community land grant at the time of the effective
date of the Guadalupe-Hidalgo Treaty.
(C) The extent of the community land grant, to the
best of the knowledge of the petitioners, accompanied
with a survey or, if a survey is not feasible to them,
a sketch map thereof.
(D) The fact that the petitioners reside, or intend
to settle upon, the community land grant.
(E) All facts known to petitioners concerning the
community land grant, together with copies of all
papers in regard thereto available to petitioners.
(4) Petition hearing.--At one or more designated locations
in the State of New Mexico, the Commission shall hold a hearing
upon each petition timely submitted under paragraph (1), at
which hearing all persons having an interest in the land
involved in the petition shall have the right, upon notice, to
appear as a party.
(5) Subpoena power.--
(A) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to any petition
submitted under paragraph (1). The attendance of
witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the State of New
Mexico.
(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under this paragraph,
the Commission may apply to a United States district
court for an order requiring that person to appear
before the Commission to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(C) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(D) Service of process.--All process of any court
to which application is to be made under subparagraph
(B) may be served in the judicial district in which the
person required to be served resides or may be found.
(6) Decision.--On the basis of the facts contained in a
petition submitted under paragraph (1), and the hearing held
with regard to the petition, the Commission shall determine the
validity of the community land grant described in the petition.
The decision shall include a recommendation of the Commission
regarding whether the community land grant should be
reconstituted and its lands restored.
(7) Protection of non-federal property.--The decision of
the Commission regarding the validity of a petition submitted
under paragraph (1) shall not affect the ownership, title, or
rights of owners of any non-Federal lands covered by the
petition. Any recommendation of the Commission under paragraph
(6) regarding whether a community land grant should be
reconstituted and its lands restored may not address non-
Federal lands. In the case of a valid petition covering lands
held in non-Federal ownership, the Commission shall modify the
recommendation under paragraph (6) to recommend the
substitution of comparable Federal lands in the State of New
Mexico for the lands held in non-Federal ownership.
(d) Community Land Grant Study Center.--To assist the Commission in
the performance of its activities under subsection (c), the Commission
shall establish a Community Land Grant Study Center at the Onate Center
in Alcalde, New Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and investigations
necessary for the Commission to perform its duties under this section.
(e) Miscellaneous Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing before
it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
subsection.
(3) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(6) Immunity.--The Commission is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
(f) Report.--As soon as practicable after reaching its last
decision under subsection (c), the Commission shall submit to the
President and the Congress a report containing each decision, including
the recommendation of the Commission regarding whether certain
community land grants should be reconstituted, so that the Congress may
act upon the recommendations.
(g) Termination.--The Commission shall terminate on 180 days after
submitting its final report under subsection (f).
(h) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for each of the fiscal years 1999 through 2007
for the purpose of carrying out the activities of the Commission and to
establish and operate the Community Land Grant Study Center under
subsection (d).
SEC. 1004. OTAY MOUNTAIN WILDERNESS.
(a) Findings.--The Congress finds and declares the following:
(1) The public lands within the Otay Mountain region of
California are one of the last remaining pristine locations in
western San Diego County, California.
(2) This rugged mountain adjacent to the United States-
Mexico border is internationally known for its diversity of
unique and sensitive plants.
(3) This area plays a critical role in San Diego's multi-
species conservation plan, a national model made for
maintaining biodiversity.
(4) Due to its proximity to the international border, this
area is the focus of important law enforcement and border
interdiction efforts necessary to curtail illegal immigration
and protect the area's wilderness values.
(5) The illegal immigration traffic, combined with the
rugged topography, also presents unique fire management
challenges for protecting lives and resources.
(b) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain public lands in the California
Desert District of the Bureau of Land Management, California,
comprising approximately 18,500 acres as generally depicted on a map
entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby
designated as wilderness and therefore as a component of the National
Wilderness Preservation System, which shall be known as the Otay
Mountain Wilderness.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, a map and a legal description for the
Wilderness Area shall be filed by the Secretary with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives. Such
map and legal description shall have the same force and effect
as if included in this Act, except that the Secretary, as
appropriate, may correct clerical and typographical errors in
such legal description and map. Such map and legal description
for the Wilderness Area shall be on file and available for
public inspection in the offices of the Director and California
State Director, Bureau of Land Management, Department of the
Interior.
(2) United states-mexico border.--In carrying out this
subsection, the Secretary shall ensure that the southern
boundary of the Wilderness Area is 100 feet north of the trail
depicted on the map referred to in paragraph (1) and is at
least 100 feet from the United States-Mexico international
border.
(e) Wilderness Review.--The Congress hereby finds and directs that
all the public lands not designated wilderness within the boundaries of
the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the
Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the
Bureau of Land Management and reported to the Congress in 1991, have
been adequately studied for wilderness designation pursuant to section
603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782), and are no longer subject to the requirements contained in
section 603(c) of that Act pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(f) Administration of Wilderness Area.--
(1) In general.--Subject to valid existing rights and to
paragraph (2), the Wilderness Area shall be administered by the
Secretary in accordance with the provisions of the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in such provisions to the
effective date of the Wilderness Act is deemed to be a
reference to the effective date of this Act; and
(B) any reference in such provisions to the
Secretary of Agriculture is deemed to be a reference to
the Secretary of the Interior.
(2) Border enforcement, drug interdiction, and wildland
fire protection.--Because of the proximity of the Wilderness
Area to the United States-Mexico international border, drug
interdiction, border operations, and wildland fire management
operations are common management actions throughout the area
encompassing the Wilderness Area. This section recognizes the
need to continue such management actions so long as such
management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such
conditions as the Secretary considers appropriate.
(g) Further Acquisitions.--Any lands within the boundaries of the
Wilderness Area that are acquired by the United States after the date
of enactment of this Act shall become part of the Wilderness Area and
shall be managed in accordance with all the provisions of this section
and other laws applicable to such a wilderness.
(h) No Buffer Zones.--The Congress does not intend for the
designation of the Wilderness Area by this section to lead to the
creation of protective perimeters or buffer zones around the Wilderness
Area. The fact that nonwilderness activities or uses can be seen or
heard from areas within the Wilderness Area shall not, of itself,
preclude such activities or uses up to the boundary of the Wilderness
Area.
(i) Definitions.--As used in this section:
(1) Public lands.--The term ``public lands'' has the same
meaning as that term has in section 103(e) of the Federal Land
Policy and Management Act of 1976.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means
the Otay Mountain Wilderness designated by subsection (b).
SEC. 1005. ACQUISITION AND MANAGEMENT OF WILCOX RANCH, UTAH, FOR
WILDLIFE HABITAT.
(a) Findings.--Congress finds the following:
(1) The lands within the Wilcox Ranch in eastern Utah are
prime habitat for wild turkeys, eagles, hawks, bears, cougars,
elk, deer, bighorn sheep, and many other important species, and
Range Creek within the Wilcox Ranch could become a blue ribbon
trout stream.
(2) These lands also contain a great deal of undisturbed
cultural and archeological resources, including ancient
pottery, arrowheads, and rock homes constructed centuries ago.
(3) These lands, while comprising only approximately 3,800
acres, control access to over 75,000 acres of Federal lands
under the jurisdiction of the Bureau of Land Management.
(4) Acquisition of the Wilcox Ranch would benefit the
people of the United States by preserving and enhancing
important wildlife habitat, ensuring access to lands of the
Bureau of Land Management, and protecting priceless
archeological and cultural resources.
(5) These lands, if acquired by the United States, can be
managed by the Utah Division of Wildlife Resources at no
additional expense to the Federal Government.
(b) Acquisition of Lands.--As soon as practicable, after the date
of the enactment of this Act, the Secretary of the Interior shall
acquire, through purchase, the Wilcox Ranch located in Emery County, in
eastern Utah.
(c) Funds for Purchase.--The Secretary of the Interior is
authorized to use not more than $5,000,000 from the land and water
conservation fund established under section 2 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-5) for the purchase of
the Wilcox Ranch under subsection (b).
(d) Management of Lands.--Upon payment by the State of Utah of one-
half of the purchase price of the Wilcox Ranch to the United States, or
transfer by the State of Utah of lands of the same such value to the
United States, the Secretary of the Interior shall transfer to the
State of Utah all right, title, and interest of the United States in
and to those Wilcox Ranch lands acquired under subsection (b) for
management by the State Division of Wildlife Resources for wildlife
habitat and public access.
SEC. 1006. ACQUISITION OF MINERAL AND GEOTHERMAL INTERESTS WITHIN MOUNT
ST. HELENS NATIONAL VOLCANIC MONUMENT.
(a) Findings.--Congress finds the following:
(1) The Act entitled ``An Act to designate the Mount St.
Helens National Volcanic Monument in the State of Washington,
and for other purposes'', approved August 26, 1982 (96 Stat.
301; 16 U.S.C. 431 note), required the United States to acquire
all land and interests in land in the Mount St. Helens National
Volcanic Monument.
(2) The Act directed the Secretary of Agriculture to
acquire the surface interests and the mineral and geothermal
interests by separate exchanges and expressed the sense of
Congress that the exchanges be completed by November 24, 1982,
and August 26, 1983, respectively.
(3) The surface interests exchange was consummated timely,
but the exchange of all mineral and geothermal interests has
not yet been completed a decade and a half after the enactment
of the Act.
(b) Purpose.--The purpose of this section is to provide for the
expeditious completion of the previously mandated Federal acquisition
of certain private mineral and geothermal interests within the Mount
St. Helens National Volcanic Monument.
(c) Acquisition.--Section 3 of the Act entitled ``An Act to
designate the Mount St. Helens National Volcanic Monument in the State
of Washington, and for other purposes'', approved August 26, 1982
(Public Law 97-243; 96 Stat. 302; 16 U.S.C. 431 note), is amended--
(1) in subsection (a), by striking ``and except that the
Secretary may acquire mineral and geothermal interests only by
exchange. It is the sense of the Congress that in the case of
mineral and geothermal interests such exchanges should be
completed within one year after the date of enactment of the
Act''; and
(2) by adding at the end the following new subsections:
``(g) Expeditious Completion of Exchanges For Mineral and
Geothermal Interests.--
``(1) Definition of holder.--In this subsection, the term
`holder' means a company referred to in subsection (c) or its
assigns or successors.
``(2) Exchange required.--Within 60 days after the date of
enactment of this subsection, the Secretary of the Interior
shall acquire by exchange the mineral and geothermal interests
in the Monument of each holder.
``(3) Monetary credits.--
``(A) Issuance.--In exchange for all mineral and
geothermal interests acquired by the Secretary of the
Interior from each holder under paragraph (2), the
Secretary of the Interior shall issue to each such
holder monetary credits with a value of $2,100,000 that
may be used for the payment of--
``(i) not more than 50 percent of the bonus
or other payments made by successful bidders in
any sales of mineral, oil, gas, or geothermal
leases under the Mineral Leasing Act (30 U.S.C.
181 et seq.), the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.) in
the contiguous 48 States;
``(ii) not more than 10 percent of the
bonus or other payments made by successful
bidders in any sales of mineral, oil, gas, or
geothermal leases in Alaska under the laws
specified in clause (i);
``(iii) not more than 50 percent of any
royalty, rental, or advance royalty payment
made to the United States to maintain any
mineral, oil or gas, or geothermal lease in the
contiguous 48 States issued under the laws
specified in clause (i); or
``(iv) not more than 10 percent of any
royalty, rental, or advance royalty payment
made to the United States to maintain any
mineral, oil or gas, or geothermal lease in
Alaska issued under the laws specified in
clause (i).
``(B) Value of credits.--The total credits of
$4,200,000 in value issued under subparagraph (A) are
deemed to equal the fair market value of all mineral
and geothermal interests to be conveyed by exchange
under paragraph (2).
``(4) Acceptance of credits.--The Secretary of the Interior
shall accept credits issued under paragraph (3)(A) in the same
manner as cash for the payments described in such paragraph.
The use of the credits shall be subject to the laws (including
regulations) governing such payments, to the extent the laws
are consistent with this subsection.
``(5) Treatment of credits for distribution to states.--All
amounts in the form of credits accepted by the Secretary of the
Interior under paragraph (4) for the payments described in
paragraph (3)(A) shall be considered to be money received for
the purpose of section 35 of the Mineral Leasing Act (30 U.S.C.
191) and section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
``(6) Exchange account.--
``(A) Establishment.--Notwithstanding any other
provision of law, not later than 30 days after the
completion of the exchange with a holder required by
paragraph (2), the Secretary of the Interior shall
establish an exchange account for that holder for the
monetary credits issued to that holder under paragraph
(3). The account for a holder shall be established with
the Minerals Management Service of the Department of
the Interior and have an initial balance of credits
equal to $2,100,000.
``(B) Use of credits.--The credits in a holder's
account shall be available to the holder for the
purposes specified in paragraph (3)(A). The Secretary
of the Interior shall adjust the balance of credits in
the account to reflect credits accepted by the
Secretary of the Interior pursuant to paragraph (4).
``(C) Transfer or sale of credits.--
``(i) Transfer or sale authorized.--A
holder may transfer or sell any credits in the
holder's account to another person.
``(ii) Use of transferred credits.--Credits
transferred or sold under clause (i) may be
used in accordance with this subsection only by
a person that is qualified to bid on, or that
holds, a mineral, oil, or gas lease under the
Mineral Leasing Act (30 U.S.C. 181 et seq.),
the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), or the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.).
``(iii) Notification.--Within 30 days after
the transfer or sale of any credits by a
holder, that holder shall notify the Secretary
of the Interior of the transfer or sale. The
transfer or sale of any credit shall not be
considered valid until the Secretary of the
Interior has received the notification required
under this clause.
``(D) Time limit on use of credits.--On the date
that is 5 years after the date on which an account is
created under subparagraph (A) for a holder, the
Secretary of the Interior shall terminate that holder's
account. Any credits that originated in the terminated
account and have not been used as of the termination
date, including any credits transferred or sold under
subparagraph (C), shall become unusable.
``(7) Title to interests.--On the date of the establishment
of an exchange account for a holder under paragraph (6)(A),
title to any mineral and geothermal interests that are held by
the holder and are to be acquired by the Secretary of the
Interior under paragraph (2) shall transfer to the United
States.
``(h) Identification of Other Interests.--Within 180 days after the
date of the enactment of this subsection, the Secretary shall submit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report--
``(1) identifying any other non-Federal property interests
within the boundaries of the Monument; and
``(2) containing the recommendations of the Secretary
regarding whether acquisition of any such interests may be
warranted to avoid future management problems in connection
with the Monument.''.
SEC. 1007. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS,
EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST,
CALIFORNIA.
The Secretary of Agriculture shall enter into an agreement with a
non-Federal entity, under which the entity will retain, maintain, and
operate at private expense the 18 concrete dams and weirs located
within the boundaries of the Emigrant Wilderness in the Stanislaus
National Forest, California, as designated by section 2(b) of Public
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note). The Secretary shall
require the entity to operate and maintain the dams and weirs at the
level of operation and maintenance that applied to such dams and weirs
before January 3, 1975.
SEC. 1008. DEMONSTRATION RESOURCE MANAGEMENT PROJECT, STANISLAUS
NATIONAL FOREST, CALIFORNIA, TO ENHANCE AND PROTECT THE
GRANITE WATERSHED.
(a) Resource Management Contract Authorized.--The Secretary of
Agriculture may enter into a contract with a single private contractor
to perform multiple resource management activities on Federal lands
within the Stanislaus National Forest in the State of California for
the purpose of demonstrating enhanced ecosystem health and water
quality, and significantly reducing the risk of catastrophic wildfire,
in the Granite watershed at a reduced cost to the Government. The
contract shall be for a term of five years.
(b) Authorized Management Activities.--The types of resource
management activities performed under the contract shall include the
following:
(1) Reduction of forest fuel loads through the use of
precommercial and commercial thinning and prescribed burns in
the Granite watershed.
(2) Monitoring of ecosystem health and water quality in the
Granite watershed.
(3) Monitoring of the presence of wildlife in the area in
which management activities are performed and the effect of the
activities on wildlife presence.
(4) Such other resource management activities as the
Secretary considers appropriate to demonstrate enhanced
ecosystem health and water quality in the Granite watershed.
(c) Compliance With Federal Law and Spotted Owl Guidelines.--All
resource management activities performed under the contract shall be
performed in a manner consistent with applicable Federal law and the
standards and guidelines for the conservation of the California spotted
owl (as set forth in the California Spotted Owl Sierran Province
Interim Guidelines or the subsequently issued final guidelines,
whichever is in effect).
(d) Funding.--
(1) Sources of funds.--To provide funds for the resource
management activities to be performed under the contract, the
Secretary may use--
(A) funds appropriated to carry out this section;
(B) funds specifically provided to the Forest
Service to implement projects to demonstrate enhanced
water quality and protect aquatic and upland resources;
(C) excess funds that are allocated for the
administration and management of the Stanislaus
National Forest, California;
(D) hazardous fuels reduction funds allocated for
Region 5 of the Forest Service; and
(E) a contract provision allowing the cost of
performing authorized management activities described
in subsection (b) to be offset by the values owed to
the United States for any forest products removed by
the contractor.
(2) Prohibition on use of certain funds.--Except as
provided in paragraph (1), the Secretary may not carry out the
contract using funds appropriated for any other unit of the
National Forest System.
(3) Conditions on funds transfers.--Any transfer of funds
under paragraph (1) may be made only in accordance with the
procedures concerning notice to, and review by, the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate that are applied by
the Secretary in the case of a transfer of funds between
appropriations.
(e) Acceptance and Use of State Funds.--The Secretary may accept
and use funds provided by the State of California to assist in the
implementation of the contract under this section.
(f) Reporting Requirements.--Not later than February 28 of each
year during the term of the contract, the Secretary shall submit to
Congress a report describing--
(1) the resource management activities performed under the
contract during the period covered by the report;
(2) the source and amount of funds used under subsection
(d) to carry out the contract; and
(3) the resource management activities to be performed
under the contract during the calendar year in which the report
is submitted.
(g) Relationship to Other Laws.--Nothing in this section exempts
the contract, or resource management activities to be performed under
the contract, from any Federal environmental law.
SEC. 1009. EAST TEXAS BLOWDOWN-NEPA PARITY.
(a) In General.--The Secretary of Agriculture may remove dead,
downed, or severely root-sprung trees in areas described in subsection
(b) in accordance with the alternative arrangements approved by the
Council on Environmental Quality for National Forests and Grasslands in
Texas, as set forth in a letter from the Chairman of the Council on
Environmental Quality to the Deputy Chief of the National Forest System
dated March 10, 1998.
(b) Areas Described.--The areas referred to in subsection (a) are
the following:
(1) Approximately 20,000 acres of blowdown forest in the
Routt National Forest, Colorado.
(2) Approximately 700 acres of blowdown forest in the Rio
Grande National Forest, Colorado.
(3) Approximately 50,000 acres of bark beetle infested
forest in the Dixie National Forest, Utah.
(4) Approximately 25,000 acres of insect and fuel-loading
conditions on National Forest System lands in the Tahoe Basin,
California.
(5) Approximately 28,000 acres of fire-damaged, dead, and
dying trees in the Malheur National Forest, Oregon.
(6) Approximately 10,000 acres of gypsy moth infestation in
the Allegheny National Forest, Pennsylvania.
(7) Approximately 5,000 acres of severely ice damaged
forests in the White Mountain National Forest, New Hampshire,
and the Green Mountain National Forest, Vermont.
(8) Approximately 10,000 acres of severe Mountain pine
beetle damaged forests in the Panhandle National Forest,
Nezperce National Forest, and Boise National Forest, Idaho.
(9) Approximately 10,000 acres of severely ice damaged
forests in the Daniel Boone National Forest, Kentucky.
(10) Approximately 15,000 acres of fire-damaged, dead, and
dying trees in the Osceola National Forest and Apalachica
National Forest, Florida.
(c) Other Forests.--
(1) Requirement to request alternative arrangements.--The
Secretary of Agriculture or the Secretary of the Interior,
respectively, shall promptly request the Council on
Environmental Quality to approve alternative arrangements under
part 1506.11 of title 40, Code of Federal Regulations,
authorizing removal of dead, downed, or severely root-sprung
trees on any national forest or public domain lands where
premature mortality is expected as a result of catastrophic
forest conditions.
(2) Consideration of requests.--Upon receipt of a request
under paragraph (1), the Council on Environmental Quality shall
promptly consider and approve or disapprove the request.
(3) Regulations.--The Chairman of the Council on
Environmental Quality shall, by not later than 180 days after
the date of the enactment of this Act, issue regulations--
(A) governing the approval of alternative
arrangements under part 1506.11 of title 40, Code of
Federal Regulations, pursuant to requests under
paragraph (1); and
(B) establishing criteria under which those
requests will be considered and approved or
disapproved.
SEC. 1010. EXEMPTION FOR NOT-FOR-PROFIT ENTITIES FROM STRICT LIABILITY
FOR RECOVERY OF FIRE SUPPRESSION COSTS.
Section 504(h) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1764(h)) is amended by adding at the end the following
new paragraph:
``(3) In the regulations required under this subsection, the
Secretary concerned may not impose liability without fault for fire
suppression costs incurred by the United States with respect to a
right-of-way under this title if the holder of the right-of-way is a
not-for-profit entity, including a not-for-profit entity that uses the
right-of-way for the delivery of electricity to parties having an
equity interest in the not-for-profit entity.''.
SEC. 1011. STUDY OF IMPROVED OUTDOOR RECREATIONAL ACCESS FOR PERSONS
WITH DISABILITIES.
(a) Study Required.--The Secretary of Agriculture and the Secretary
of the Interior shall jointly provide for the conduct of a study to
consider ways to improve the access of persons with disabilities to
outdoor recreational opportunities (such as fishing, hunting, shooting,
trapping, wildlife viewing, hiking, boating, and camping) that are made
available to the public on the Federal lands described in subsection
(b).
(b) Covered Federal Lands.--The Federal lands referred to in
subsection (a) are the following:
(1) National Forest System lands.
(2) Units of the National Park System.
(3) Areas in the National Wildlife Refuge System.
(4) Lands administered by the Bureau of Land Management.
(c) Performance by Independent Entity.--To conduct the study under
this section, the Secretaries shall select an independent entity in the
private sector that has demonstrated expertise in issues regarding
improved access for persons with disabilities. The Secretaries shall
consult with the National Council on Disability regarding the selection
of the independent entity.
(d) Report on Study.--Not later than 18 months after the date of
the enactment of this Act, the entity conducting the study shall submit
to the Secretaries and the Congress a report that sets forth the
results of the study.
SEC. 1012. COMMUNICATION SITE.
(a) In General.--The site located directly below Inspiration Point
within the San Jacinto Ranger District of the San Bernardino National
Forest, California, on which communications facilities are located on
August 1, 1998, is hereby designated to be used for communication
purposes by the persons who operate such communications facilities on
such data and their successors or assigns until such time as such
persons, successors, or assigns no longer require the use of such site
and provide written notice to that effect to the Forest Service.
(b) Limitation.--Nothing in this subsection (a) shall be construed
to--
(1) excuse such persons, successors, or assigns from
complying with requirements of law or regulation that do not
unreasonably or unduly restrict the continued use of such site;
(2) require the site to be made available to other persons
for communications use or other purposes; and
(3) require dedication of the site for continued use for
communications purposes after the notice referred to in
subsection (a).
SEC. 1013. AMENDMENT OF THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 8(k)(2)(B) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(k)(2)(B)) is amended by striking ``an agency of the Federal
Government'' and inserting ``a Federal, State, or local government
agency''.
SEC. 1014. LEASING OF CERTAIN RESERVED MINERAL INTERESTS.
(a) Application of Mineral Leasing Act.--Notwithstanding the
provisions of section 4 of the 1964 Public Land Sale Act (P.L. 88-608,
78 Stat. 988), the Federal reserved mineral interests in lands conveyed
under that Act by United States land patents No. 49-71-0059 and No. 49-
71-0065 shall be subject to the operation of the Mineral Leasing Act
(30 U.S.C. 181 et seq.).
(b) Entry.--Any person who acquires any lease under the Mineral
Leasing Act for the interests referred to in subsection (a) may
exercise the right to enter reserved to the United States and persons
authorized by the United States in the patents conveying the lands
described in subsection (a) by occupying so much of the surface thereof
as may be required for all purposes reasonably incident to the
exploration for, and extraction and removal of, the leased minerals by
either of the following means:
(1) By securing the written consent or waiver of the
patentee.
(2) In the absence of such consent or waiver, by posting a
bond or other financial guarantee with the Secretary of the
Interior in an amount sufficient to insure--
(A) the completion of reclamation pursuant to the
Secretary's requirements under the Mineral Leasing Act,
and
(B) the payment to the surface owner for--
(i) any damages to crops and tangible
improvements of the surface owner that result
from activities under the mineral lease, and
(ii) any permanent loss of income to the
surface owner due to loss or impairment of
grazing use, or of other uses of the land by
the surface owner at the time of commencement
of activities under the mineral lease.
(c) Lands Covered by Patent No. 49-71-0065.--In the case of the
lands in United States patent No. 49-71-0065, the preceding provisions
of this section take effect January 1, 1997.
SEC. 1015. OIL AND GAS WELLS IN WAYNE NATIONAL FOREST, OHIO.
(a) Authority.--The Secretary of the Interior may enter into
noncompetitive oil and gas production and reclamation contracts in
accordance with this section with operators of wells in the Wayne
National Forest in the State of Ohio who meet the criteria of section
17(b)(3)(A) of the Act of February 25, 1920 (30 U.S.C. 226(b)(3)(A))
pursuant to private land mineral leases which were in effect on and
after the date of the enactment of this section, subject to the same
laws and regulations that applied to those private land mineral leases.
(b) Additional Drilling.--No contract under this section may
authorize deeper completions or additional drilling.
(c) Bonding.--
(1) Waiver of Federal bonding.--Each contract under this
section shall require the contractor to provide a Federal oil
and gas bond to ensure complete and timely reclamation of the
former lease tract in accordance with the regulations of the
Bureau of Land Management and the Forest Service, unless the
Secretary of the Interior accepts in lieu thereof assurances
from the Ohio Department of Natural Resources, Division of Oil
and Gas, that--
(A) the contractor has duly satisfied the bonding
requirements of the State of Ohio; and following
inspection of operator performance, the Ohio Department
of Natural Resources is not opposed to such waiver of
Federal bonding requirements;
(B) the United States of America is entitled to
apply for and receive funding under the provision of
section 1509.071 of the Ohio Revised Code so as to
properly plug and restore oil and gas sites and lease
tracts; and
(C) during the 2 years prior to the date on which
the contract is entered into no less than 20 percent of
Ohio State severance tax revenues has been allocated to
the State of Ohio Orphan Well Fund.
(2) Continued compliance with 20 percent requirement.--In
entering into any contract under this section, the Secretary of
the Interior shall reserve the right to require the contractor
to comply with all Federal oil and gas bonding requirements
applicable to Federal oil and gas leases under the regulations
of the Bureau of Land Management and the Forest Service
whenever the Secretary finds that less than 20 percent of Ohio
State severance tax revenues has been allocated to the State of
Ohio Orphan Well Fund.
SEC. 1016. MEMORIAL TO MR. BENJAMIN BANNEKER IN THE DISTRICT OF
COLUMBIA.
(a) Memorial Authorized.--The Washington Interdependence Council of
the District of Columbia is authorized to establish a memorial in the
District of Columbia to honor and commemorate the accomplishments of
Mr. Benjamin Banneker.
(b) Compliance With Standards For Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001 et seq.).
(c) Payment of Expenses.--The Washington Interdependence Council
shall be solely responsible for acceptance of contributions for, and
payment of the expenses of, the establishment of the memorial. No
Federal funds may be used to pay any expense of the establishment of
the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the memorial (including the maintenance and
preservation amount required under section 8(b) of the Commemorative
Works Act (40 U.S.C. 1008(b))), or upon expiration of the authority for
the memorial under section 10(b) of such Act (40 U.S.C. 1010(b)), there
remains a balance of funds received for the establishment of the
memorial, the Washington Interdependence Council shall transmit the
amount of the balance to the Secretary of the Treasury for deposit in
the account provided for in section 8(b)(1) of such Act (40 U.S.C.
1008(b)(1)).
TITLE XI--AMENDMENTS AND TECHNICAL CORRECTIONS TO 1996 OMNIBUS PARKS
ACT
SEC. 1100. REFERENCE TO OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT
OF 1996.
In this title, the term ``Omnibus Parks Act'' means the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
Stat. 4093).
Subtitle A--Technical Corrections to the Omnibus Parks Act
SEC. 1101. PRESIDIO OF SAN FRANCISCO.
Title I of division I of the Omnibus Parks Act (16 U.S.C. 460bb
note) is amended as follows:
(1) In section 101(2) (110 Stat. 4097), by striking ``the
Presidio is'' and inserting ``the Presidio was''.
(2) In section 103(b)(1) (110 Stat. 4099), by striking
``other lands administrated by the Secretary.'' in the last
sentence and inserting ``other lands administered by the
Secretary.''.
(3) In section 105(a)(2) (110 Stat. 4104), by striking ``in
accordance with section 104(h) of this title.'' and inserting
``in accordance with section 104(i) of this title.''.
SEC. 1102. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of division I of the Omnibus Parks Act (110 Stat.
4110; 16 U.S.C. 81p) is amended by striking ``depicted on the map dated
August 1993, numbered 333/80031A,'' and inserting ``depicted on the map
dated August 1996, numbered 333/80331B,''.
SEC. 1103. MERCED IRRIGATION DISTRICT.
Section 218(a) of division I of the Omnibus Parks Act (110 Stat.
4113) is amended by striking ``this Act'' and inserting ``this
section''.
SEC. 1104. BIG THICKET NATIONAL PRESERVE.
Section 306 of division I of the Omnibus Parks Act (110 Stat. 4132;
16 U.S.C. 698 note) is amended as follows:
(1) In subsection (d), by striking ``until the earlier of
the consummation of the exchange of July 1, 1998,'' and
inserting ``until the earlier of the consummation of the
exchange or July 1, 1998,''.
(2) In subsection (f)(2), by striking ``Menard Creek'' and
inserting ``the Mendard Creek''.
(3) In subsection (g), by striking ``Menard Creek'' and
inserting ``Mendard Creek''.
SEC. 1105. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
Section 311 of division I of the Omnibus Parks Act (110 Stat. 4139)
is amended as follows:
(1) In subsection (d)(2)(B)(ii), by striking ``W, Seward
Meridian'' and inserting ``W., Seward Meridian''.
(2) In subsection (f)(1), by striking ``to be know'' and
inserting ``to be known''.
SEC. 1106. LAMPREY WILD AND SCENIC RIVER.
(a) Technical Correction.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C 1274(a)), as amended by section 405(a) of division
I of the Omnibus Parks Act (110 Stat. 4149), is amended in the second
sentence of the unnumbered paragraph relating to the Lamprey River, New
Hampshire, by striking ``through cooperation agreements'' and inserting
``through cooperative agreements''.
(b) Cross Reference.--Section 405(b)(1) of division I of the
Omnibus Parks Act (110 Stat. 4149; 16 U.S.C. 1274 note) is amended by
striking ``this Act'' and inserting ``the Wild and Scenic Rivers Act''.
SEC. 1107. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of division I of the Omnibus Parks Act (110 Stat.
4154; 16 U.S.C. 461 note) is amended by striking ``by the Vancouver
Historical Assessment' published''.
SEC. 1108. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508 of division I of the Omnibus Parks Act (110 Stat. 4157,
40 U.S.C. 1003 note) is amended as follows:
(1) In subsection (a), by striking ``of 1986'' and
inserting ``(40 U.S.C. 1001 et seq.)'';.
(2) In subsection (b), by striking ``the Act'' and all that
follows through ``1986'' and inserting ``the Commemorative
Works Act''.
(3) In subsection (d), by striking ``the Act referred to in
section 4401(b))'' and inserting ``the Commemorative Works
Act)''.
SEC. 1109. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
The first sentence of section 205(g) of the National Historic
Preservation Act (16 U.S.C. 470m(g)), as amended by section 509(c) of
division I of the Omnibus Parks Act (110 Stat. 4157), is amended by
striking ``for the purpose.'' and inserting ``for that purpose.''.
SEC. 1110. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of division I of the Omnibus Parks Act (110 Stat.
4158; 16 U.S.C. 461 note) is amended by striking ``the contribution of
our national heritage'' and inserting ``the contribution to our
national heritage''.
SEC. 1111. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Section 511 of division I of the Omnibus Parks Act (110 Stat.
4159; 16 U.S.C. 410ddd) is amended as follows:
(1) In the section heading, by striking ``national historic
landmark district'' and inserting ``whaling national historical
park''.
(2) In subsection (c)--
(A) in paragraph (1), by striking ``certain
districts structures, and relics'' and inserting
``certain districts, structures, and relics''; and
(B) in paragraph (2)(A)(i), by striking ``The area
included with the New Bedford National Historic
Landmark District, known as the'' and inserting ``The
area included within the New Bedford Historic District
(a National Landmark District), also known as the''.
(3) In subsection (d)(2), by striking ``to provide''.
(4) By redesignating the second subsection (e) and
subsection (f) as subsections (f) and (g), respectively.
(5) In subsection (g), as so redesignated--
(A) in paragraph (1), by striking ``section 3(D).''
and inserting ``subsection (d).''; and
(B) in paragraph (2)(C), by striking ``cooperative
grants under subsection (d)(2).'' and inserting
``cooperative agreements under subsection (e)(2).''.
SEC. 1112. NICODEMUS NATIONAL HISTORIC SITE.
Section 512(a)(1)(B) of division I of the Omnibus Parks Act (110
Stat. 4163; 16 U.S.C. 461 note) is amended by striking ``Afican-
Americans'' and inserting ``African-Americans''.
SEC. 1113. UNALASKA.
Section 513(c) of division I of the Omnibus Parks Act (110 Stat.
4165; 16 U.S.C. 461 note) is amended by striking ``whall be comprised''
and inserting ``shall be comprised''.
SEC. 1114. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION
STUDY.
Section 603(d)(2) of division I of the Omnibus Parks Act (110 Stat.
4172; 16 U.S.C. 1a-5 note) is amended by striking ``subsection (b)
shall--'' and inserting ``paragraph (1) shall--''.
SEC. 1115. SHENANDOAH VALLEY BATTLEFIELDS.
Section 606 of division I of the Omnibus Parks Act (110 Stat. 4175;
16 U.S.C. 461 note) is amended as follows:
(1) In subsection (d)--
(A) in paragraph (1), by striking ``section 5.''
and inserting ``subsection (e).'';
(B) in paragraph (2), by striking ``section 9.''
and inserting ``subsection (h).''; and
(C) in paragraph (3), by striking ``Commission plan
approved by the Secretary under section 6.'' and
inserting ``plan developed and approved under
subsection (f).''.
(2) In subsection (f)(1), by striking ``this Act'' and
inserting ``this section''.
(3) In subsection (g)--
(A) in paragraph (3), by striking ``purposes of
this Act'' and inserting ``purposes of this section'';
and
(B) in paragraph (5), by striking ``section 9.''
and inserting ``subsection (i).''.
(4) In subsection (h)(12), by striking ``this Act'' and
inserting ``this section''.
SEC. 1116. WASHITA BATTLEFIELD.
Section 607 of division I of the Omnibus Parks Act (110 Stat. 4181;
16 U.S.C. 461 note) is amended--
(1) in subsection (c)(3), by striking ``this Act'' and
inserting ``this section''; and
(2) in subsection (d)(2), by striking ``local land owners''
and inserting ``local landowners''.
SEC. 1117. SKI AREA PERMIT RENTAL CHARGE.
Section 701 of division I of the Omnibus Parks Act (110 Stat 4182;
16 U.S.C. 497c) is amended as follows:
(1) In subsection (b)(3), by striking ``legislated by this
Act'' and inserting ``required by this section''.
(2) In subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``formula of this Act'' and inserting
``formula of this section'';
(B) in paragraphs (1), (2), and (3), by striking
``this Act'' each place it appears and inserting ``this
section''; and
(C) in the sentence below paragraph (3)--
(i) by inserting ``adjusted gross revenue
for the'' before ``1994-1995 base year''; and
(ii) by striking ``this Act'' and inserting
``this section''.
(3) In subsection (f)--
(A) by striking ``sublessees'' and inserting
``subpermittees''; and
(B) by inserting inside the parenthesis ``offered
for commercial or other promotional purposes'' after
``complimentary lift tickets''.
(4) In subsection (i), by striking ``this Act'' and
inserting ``this section''.
SEC. 1118. GLACIER BAY NATIONAL PARK.
Section 3 of Public Law 91-383 (16 U.S.C. 1a-2), as amended by
section 703 of division I of the Omnibus Parks Act (110 Stat. 4185), is
amended as follows:
(1) In subsection (g), by striking ``bearing the cost of
such exhibits and demonstrations;'' and inserting ``bearing the
cost of such exhibits and demonstrations.''.
(2) By capitalizing the first letter of the first word in
each of the subsections (a) through (i).
(3) By striking the semicolon at the end of each of the
subsections (a) through (f) and at the end of subsection (h)
and inserting a period.
(4) In subsection (i), by striking ``; and'' and inserting
a period.
(5) By conforming the margins of subsection (j) with the
margins of the preceding subsections.
SEC. 1119. ROBERT J. LAGOMARSINO VISITOR CENTER.
Section 809(b) of division I of the Omnibus Parks Act (110 Stat.
4189; 16 U.S.C. 410ff note) is amended by striking ``section 301'' and
inserting ``subsection (a)''.
SEC. 1120. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
(a) Technical Corrections.--Section 814 of division I of the
Omnibus Parks Act (110 Stat. 4190) is amended as follows:
(1) In subsection (a) (16 U.S.C. 17o note)--
(A) in paragraph (6), by striking ``this Act'' and
inserting ``this section'';
(B) in paragraph (7)(B), by striking ``Comptetitive
leasing.--'' and inserting ``Competitive leasing.--'';
(C) in paragraph (9), by striking ``granted by
statue'' and inserting ``granted by statute'';
(D) in paragraph (11)(B)(ii), by striking ``more
cost effective'' and inserting ``more cost-effective'';
(E) in paragraph (13), by striking ``paragraph
(13),'' and inserting ``paragraph (12),''; and
(F) in paragraph (18), by striking ``under
paragraph (7)(A)(i)(I), any lease under paragraph
(11)(B), and any lease of seasonal quarters under
subsection (l),'' and inserting ``under paragraph
(7)(A) and any lease under paragraph (11)''.
(2) In subsection (d)(2)(E), by striking ``is amended''.
(b) Change to Plural.--Section 7(c)(2) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9(c)(2)), as added by
section 814(b) of the Omnibus Parks Act (110 Stat. 4194), is amended as
follows:
(1) In subparagraph (C), by striking ``lands, water, and
interest therein'' and inserting ``lands, waters, and interests
therein''.
(2) In subparagraph (F), by striking ``lands, water, or
interests therein, or a portion of whose lands, water, or
interests therein,'' and inserting ``lands, waters, or
interests therein, or a portion of whose lands, waters, or
interests therein,''.
SEC. 1121. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.
Section 6(d)(2) of the Act entitled ``An Act to establish the
Blackstone River Valley National Heritage Corridor in Massachusetts and
Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), as added by section 901(c) of division I of the
Omnibus Parks Act (110 Stat. 4202), is amended by striking ``may be
made in the approval plan'' and inserting ``may be made in the approved
plan''.
SEC. 1122. TALLGRASS PRAIRIE NATIONAL PRESERVE.
Subtitle A of title X of division I of the Omnibus Parks Act is
amended as follows:
(1) In section 1002(a)(4)(A) (110 Stat. 4204; 16 U.S.C.
689u(a)(4)(A)), by striking ``to purchase'' and inserting ``to
acquire''.
(2) In section 1004(b) (110 Stat. 4205; 16 U.S.C. 689u-
2(b)), by striking ``of June 3, 1994,'' and inserting ``on June
3, 1994,''.
(3) In section 1005 (110 Stat. 4205; 16 U.S.C. 689u-3)--
(A) in subsection (d)(1), by striking ``this Act''
and inserting ``this subtitle''; and
(B) in subsection (g)(3)(A), by striking ``the tall
grass prairie'' and inserting ``the tallgrass
prairie''.
SEC. 1123. RECREATION LAKES.
(a) Technical Corrections.--Section 1021(a) of division I of the
Omnibus Parks Act (110 Stat. 4210; 16 U.S.C. 460l-10e note) is amended
as follows:
(1) By striking ``manmade lakes'' both places it appears
and inserting ``man-made lakes''.
(2) By striking ``for recreational opportunities at
federally-managed'' and inserting ``for recreational
opportunities at federally managed''.
(b) Advisory Commission.--Section 13 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-10e), as added by section
1021(b) of the Omnibus Parks Act (110 Stat. 4210), is amended as
follows:
(1) In subsection (b)(6), by striking ``recreation related
infrastructure.'' and inserting ``recreation-related
infrastructure.''.
(2) In subsection (e)--
(A) by striking ``water related recreation'' in the
first sentence and inserting ``water-related
recreation'';
(B) in paragraph (2), by striking ``at federally-
managed lakes'' and inserting ``at federally managed
lakes''; and
(C) by striking ``manmade lakes'' each place it
appears and inserting ``man-made lakes''.
SEC. 1124. FOSSIL FOREST PROTECTION.
Section 103 of the San Juan Basin Wilderness Protection Act of 1984
(43 U.S.C. 178), as amended by section 1022(e) of the Omnibus Parks Act
(110 Stat. 4213), is amended as follows:
(1) In subsections (b)(1) and (e)(1), by striking
``Committee on Natural Resources'' and inserting ``Committee on
Resources''.
(2) In subsection (e)(1), by striking ``this Act'' and
inserting ``this subsection''.
SEC. 1125. OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA.
Section 1023(c)(1)(A) of division I of the Omnibus Parks Act (110
Stat. 4215; 16 U.S.C. 545b(c)(1)(A)) is amended by striking ``of
1964''.
SEC. 1126. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
Section 1029 of division I of the Omnibus Parks Act (110 Stat.
4232; 16 U.S.C. 460kkk) is amended as follows:
(1) In the section heading, by striking ``recreation area''
and inserting ``national recreation area''.
(2) In subsection (e)(3)(B), by striking ``subsections (b)
(3), (4), (5), (6), (7), (8), (9), and (10).'' and inserting
``subparagraphs (C), (D), (E), (F), (G), (H), (I), and (J) of
paragraph (2).''.
(3) In subsection (f)(2)(A)(i), by striking ``profit sector
roles'' and inserting ``private-sector roles''.
(4) In subsection (g)(1), by striking ``and revenue raising
activities.'' and inserting ``and revenue-raising
activities.''.
SEC. 1127. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3(b)(1) of Public Law 100-479 (16 U.S.C. 410oo-2(b)(1)), as
added by section 1030 of the Omnibus Parks Act (110 Stat. 4238), is
amended by striking ``and visitors' center'' and inserting ``and
visitor center''.
SEC. 1128. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA.
Section 1035 of division I of the Omnibus Parks Act (110 Stat.
2240) is amended as follows:
(1) In the section heading, by striking ``regulations'' and
inserting ``regulation''.
(2) In subsection (c), by striking ``this Act'' and
inserting ``this section''.
SEC. 1129. NATIONAL COAL HERITAGE AREA.
Title I of division II of the Omnibus Parks Act (16 U.S.C. 461
note) is amended as follows:
(1) In section 104(4) (110 Stat. 4244), by striking
``history preservation'' and inserting ``historic
preservation''.
(2) In section 105 (110 Stat. 4244), by striking
``paragraphs (2) and (5) of section 104'' and inserting
``paragraph (2) of section 104''.
(3) In section 106(a)(3) (110 Stat. 4244), by striking ``or
Secretary'' and inserting ``or the Secretary''.
SEC. 1130. TENNESSEE CIVIL WAR HERITAGE AREA.
Title II of division II of the Omnibus Parks Act (16 U.S.C. 461
note) is amended as follows:
(1) In section 201(b)(4) (110 Stat. 4245), by striking
``and associated sites associated'' and insert ``and sites
associated''.
(2) In section 207(a) (110 Stat. 4248), by striking ``as
provide for'' and inserting ``as provided for''.
SEC. 1131. AUGUSTA CANAL NATIONAL HERITAGE AREA.
Section 301(1) of division II of the Omnibus Parks Act (110 Stat.
4249; 16 U.S.C. 461 note) is amended by striking ``National Historic
Register of Historic Places,'' and inserting ``National Register of
Historic Places,''.
SEC. 1132. ESSEX NATIONAL HERITAGE AREA.
Section 501(8) of division II of the Omnibus Parks Act (110 Stat.
4257; 16 U.S.C. 461 note) is amended by striking ``a visitors' center''
and inserting ``a visitor center''.
SEC. 1133. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
Title VIII of division II of the Omnibus Parks Act (16 U.S.C. 461
note) is amended as follows:
(1) In section 805(b)(2) (110 Stat. 4269), by striking
``One individuals,'' and inserting ``One individual,''.
(2) In section 808(a)(3)(A) (110 Stat. 4279), by striking
``from the Committee.'' and inserting ``from the Committee,''.
Subtitle B--Other Amendments to Omnibus Parks Act
SEC. 1151. BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL EXTENSION.
Section 506 of division I of the Omnibus Parks Act (40 U.S.C. 1003
note; 110 Stat. 4155) is amended by striking ``October 27, 1998'' and
inserting ``October 27, 2003''.
TITLE XII--DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Dutch John Federal Property
Disposition and Assistance Act of 1998''.
SEC. 1202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1)(A) Dutch John, Utah, was founded by the Secretary of
the Interior in 1958 on Bureau of Reclamation land as a
community to house personnel, administrative offices, and
equipment for project construction and operation of the Flaming
Gorge Dam and Reservoir as authorized by the Act of April 11,
1956 (70 Stat. 105, chapter 203; 43 U.S.C. 620 et seq.); and
(B) permanent structures (including houses, administrative
offices, equipment storage and maintenance buildings, and other
public buildings and facilities) were constructed and continue
to be owned and maintained by the Secretary of the Interior;
(2)(A) Bureau of Reclamation land surrounding the Flaming
Gorge Reservoir (including the Dutch John community) was
included within the boundaries of the Flaming Gorge National
Recreation Area in 1968 under Public Law 90-540 (16 U.S.C. 460v
et seq.);
(B) Public Law 90-540 assigned responsibility for
administration, protection, and development of the Flaming
Gorge National Recreation Area to the Secretary of Agriculture
and provided that lands and waters needed or used for the
Colorado River Storage Project would continue to be
administered by the Secretary of the Interior; and
(C) most structures within the Dutch John community
(including the schools and public buildings within the
community) occupy lands administered by the Secretary of
Agriculture;
(3)(A) the Secretary of Agriculture and the Secretary of
the Interior are unnecessarily burdened with the cost of
continuing to provide basic services and facilities and
building maintenance and with the administrative costs of
operating the Dutch John community; and
(B) certain structures and lands are no longer essential to
management of the Colorado River Storage Project or to
management of the Flaming Gorge National Recreation Area;
(4)(A) residents of the community are interested in
purchasing the homes they currently rent from the Secretary of
the Interior and the land on which the homes are located;
(B) Daggett County, Utah, is interested in reducing the
financial burden the County experiences in providing local
government support services to a community that produces little
direct tax revenue because of Federal ownership; and
(C) a withdrawal of the role of the Federal Government in
providing basic direct community services to Dutch John would
require local government to provide the services at a
substantial cost;
(5)(A) residents of the Dutch John community are interested
in self-government of the community; and
(B) with growing demands for additional commercial
recreation services for visitors to the Flaming Gorge National
Recreation Area and Ashley National Forest, there are
opportunities for private economic development, but few private
lands are available for the services; and
(6) the privatization and disposal to local government of
certain lands in and surrounding Dutch John would be in the
public interest.
(b) Purposes.--The purposes of this title are--
(1) to privatize certain lands in and surrounding Dutch
John, Utah;
(2) to transfer jurisdiction of certain Federal property
between the Secretary of Agriculture and the Secretary of the
Interior;
(3) to improve the Flaming Gorge National Recreation Area;
(4) to dispose of certain residential units, public
buildings, and facilities;
(5) to provide interim financial assistance to local
government to defray the cost of providing basic governmental
services;
(6) to achieve efficiencies in operation of the Flaming
Gorge Dam and Reservoir and the Flaming Gorge National
Recreation Area;
(7) to reduce long-term Federal outlays; and
(8) to serve the interests of the residents of Dutch John
and Daggett County, Utah, and the general public.
SEC. 1203. DEFINITIONS.
In this title:
(1) Secretary of agriculture.--The term ``Secretary of
Agriculture'' means the Secretary of Agriculture, acting
through the Chief of the Forest Service.
(2) Secretary of the interior.--The term ``Secretary of the
Interior'' means the Secretary of the Interior, acting through
the Commissioner of the Bureau of Reclamation.
SEC. 1204. DISPOSITION OF CERTAIN LANDS AND PROPERTIES.
(a) In General.--Lands, structures, and community infrastructure
facilities within or associated with Dutch John, Utah, that have been
identified by the Secretary of Agriculture or the Secretary of the
Interior as unnecessary for support of the agency of the respective
Secretary shall be transferred or disposed of in accordance with this
title.
(b) Land Description.--Except as provided in subsection (e), the
Secretary of Agriculture and the Secretary of the Interior shall
dispose of (in accordance with this title) approximately 2,450 acres
within or associated with the Dutch John, Utah, community in the NW\1/
4\ NW\1/4\, S\1/2\ NW\1/4\, and S\1/2\ of Section 1, the S\1/2\ of
Section 2, 10 acres more or less within the NE\1/4\ SW\1/4\ of Section
3, Sections 11 and 12, the N\1/2\ of Section 13, and the E\1/2\ NE\1/4\
of Section 14 of Township 2 North, Range 22 East, Salt Lake Base and
Meridian, that have been determined to be available for transfer by the
Secretary of Agriculture and the Secretary of the Interior,
respectively.
(c) Infrastructure Facilities and Land.--Except as provided in
subsection (e), the Secretary of the Interior shall dispose of (in
accordance with this title) community infrastructure facilities and
land that have been determined to be available for transfer by the
Secretary of the Interior, including the following:
(1) The fire station, sewer systems, sewage lagoons, water
systems (except as provided in subsection (e)(3)), old post
office, electrical and natural gas distribution systems,
hospital building, streets, street lighting, alleys, sidewalks,
parks, and community buildings located within or serving Dutch
John, including fixtures, equipment, land, easements, rights-
of-way, or other property primarily used for the operation,
maintenance, replacement, or repair of a facility referred to
in this paragraph.
(2) The Dutch John Airport, comprising approximately 25
acres, including runways, roads, rights-of-way, and
appurtenances to the Airport, subject to such monitoring and
remedial action by the United States as is necessary.
(3) The lands on which are located the Dutch John public
schools, which comprise approximately 10 acres.
(d) Other Properties and Facilities.--The Secretary of Agriculture
and the Secretary of the Interior shall dispose of (in accordance with
this title) the other properties and facilities that have been
determined to be available for transfer or disposal by the Secretary of
Agriculture and the Secretary of the Interior, respectively, including
the following:
(1) Certain residential units occupied on the date of
enactment of this Act, as determined by the Secretary of the
Interior.
(2) Certain residential units unoccupied on the date of
enactment of this Act, as determined by the Secretary of the
Interior.
(3) Lots within the Dutch John community that are occupied
on the date of enactment of this Act by privately owned modular
homes under lease agreements with the Secretary of the
Interior.
(4) Unoccupied platted lots within the Dutch John
community.
(5) The land, comprising approximately 3.8 acres, on which
is located the Church of Jesus Christ of Latter Day Saints,
within Block 9, of the Dutch John community.
(6) The lands for which special use permits, easements, or
rights-of-way for commercial uses have been issued by the
Forest Service.
(7) The lands on which are located the offices, 3 employee
residences, warehouses, and facilities of the Utah Division of
Wildlife Resources, as described in the survey required under
section 1207, including yards and land defined by fences in
existence on the date of enactment of this Act.
(8) The Dutch John landfill site, subject to such
monitoring and remedial action by the United States as is
necessary, with responsibility for monitoring and remediation
being shared by the Secretary of Agriculture and the Secretary
of the Interior proportionate to their historical use of the
site.
(9) Such fixtures and furnishing in existence and in place
on the date of enactment of this Act as are mutually determined
by Daggett County, the Secretary of Agriculture, and the
Secretary of the Interior to be necessary for the full use of
properties or facilities disposed of under this title.
(10) Such other properties or facilities at Dutch John that
the Secretary of Agriculture or the Secretary of the Interior
determines are not necessary to achieve the mission of the
respective Secretary and the disposal of which would be
consistent with this title.
(e) Retained Properties.--Except to the extent the following
properties are determined by the Secretary of Agriculture or the
Secretary of the Interior to be available for disposal, the Secretary
of Agriculture and the Secretary of the Interior shall retain for their
respective use the following:
(1) All buildings and improvements located within the
industrial complex of the Bureau of Reclamation, including the
maintenance shop, 40 industrial garages, 2 warehouses, the
equipment storage building, the flammable equipment storage
building, the hazardous waste storage facility, and the
property on which the buildings and improvements are located.
(2) 17 residences under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture, of which--
(A) 15 residences shall remain under the
jurisdiction of the Secretary of the Interior; and
(B) 2 residences shall remain under the
jurisdiction of the Secretary of Agriculture.
(3) The Dutch John water system raw water supply line and
return line between the power plant and the water treatment
plant, pumps and pumping equipment, and any appurtenances and
rights-of-way to the line and other facilities, with the
retained facilities to be operated and maintained by the United
States with pumping costs and operation and maintenance costs
of the pumps to be included as a cost to Daggett County in a
water service contract.
(4) The heliport and associated real estate, consisting of
approximately 20 acres, which shall remain under the
jurisdiction of the Secretary of Agriculture.
(5) The Forest Service warehouse complex and associated
real estate, consisting of approximately 2 acres, which shall
remain under the jurisdiction of the Secretary of Agriculture.
(6) The Forest Service office complex and associated real
estate, which shall remain under the jurisdiction of the
Secretary of Agriculture.
(7) The United States Post Office, pursuant to Forest
Service Special Use Permit No. 1073, which shall be transferred
to the jurisdiction of the United States Postal Service
pursuant to section 1206(d).
SEC. 1205. REVOCATION OF WITHDRAWALS.
In the case of lands and properties transferred under section 1204,
effective on the date of transfer to the Secretary of the Interior (if
applicable) or conveyance by quitclaim deed out of Federal ownership,
authorization for each of the following withdrawals is revoked:
(1) The Public Water Reserve No. 16, Utah No. 7, dated
March 9, 1914.
(2) The Secretary of the Interior Order dated October 20,
1952.
(3) The Secretary of the Interior Order dated July 2, 1956,
No. 71676.
(4) The Flaming Gorge National Recreation Area, dated
October 1, 1968, established under Public Law 90-540 (16 U.S.C.
460v et seq.), as to lands described in section 1204(b).
(5) The Dutch John Administrative Site, dated December 12,
1951 (PLO 769, U-0611).
SEC. 1206. TRANSFERS OF JURISDICTION.
(a) Transfers From the Secretary of Agriculture.--Except for
properties retained under section 1204(e), all lands designated under
section 1204 for disposal shall be--
(1) transferred from the jurisdiction of the Secretary of
Agriculture to the Secretary of the Interior and, if
appropriate, the United States Postal Service; and
(2) removed from inclusion in the Ashley National Forest
and the Flaming Gorge National Recreation Area.
(b) Exchange of Jurisdiction Between Interior and Agriculture.--
(1) Transfer to secretary of agriculture.--The Secretary of
the Interior shall transfer to the Secretary of Agriculture
administrative jurisdiction over certain lands and interests in
lands, consisting of approximately 2,167 acres in Duchesne and
Wasatch Counties, Utah, which were acquired by the Secretary of
the Interior for the Central Utah Project, as depicted on the
following maps:
(A) The map entitled ``The Dutch John Townsite,
Ashley National Forest, Lower Stillwater'', dated
February 1997.
(B) The map entitled ``The Dutch John Townsite,
Ashley National Forest, Red Hollow (Diamond
Properties)'', dated February 1997.
(C) The map entitled ``The Dutch John Townsite,
Ashley National Forest, Coal Hollow (Current Creek
Reservoir)'', dated February 1997.
(2) Transfer to secretary of the interior.--The Secretary
of Agriculture shall transfer to the Secretary of the Interior
administrative jurisdiction over certain lands and interests in
lands, consisting of approximately 2,450 acres in the Ashley
National Forest, as depicted on the map entitled ``Ashley
National Forest, Lands to be Transferred to the Bureau of
Reclamation (BOR) from the Forest Service'', dated February
1997.
(3) Effect of exchange.--
(A) National forests.--The lands and interests in
land transferred to the Secretary of Agriculture under
paragraph (1) shall become part of the Ashley or Uinta
National Forest, as appropriate. The boundaries of each
of the National Forests are hereby adjusted as
appropriate to reflect the transfers of administrative
jurisdiction.
(B) Management.--The Secretary of Agriculture shall
manage the lands and interests in land transferred to
the Secretary of Agriculture under paragraph (1) in
accordance with the Act of March 1, 1911 (commonly
known as the ``Weeks Law'') (36 Stat. 962, chapter 186;
16 U.S.C. 515 et seq.), and other laws (including rules
and regulations) applicable to the National Forest
System.
(C) Wildlife mitigation.--As of the date of the
transfer under paragraph (1), the wildlife mitigation
requirements of section 8 of the Act of April 11, 1956
(43 U.S.C. 620g), shall be deemed to be met.
(D) Adjustment of boundaries.--This paragraph does
not limit the authority of the Secretary of Agriculture
to adjust the boundaries of the Ashley or Uinta
National Forest pursuant to section 11 of the Act of
March 1, 1911 (commonly known as the ``Weeks Law'') (36
Stat. 963, chapter 186; 16 U.S.C. 521).
(4) Land and water conservation fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Ashley and Uinta
National Forests, as adjusted under this section, shall be
considered to be the boundaries of the Forests as of January 1,
1965.
(c) Federal Improvements.--The Secretary of the Interior shall
transfer to the Secretary of Agriculture jurisdiction over Federal
improvements on the lands transferred to the Secretary of Agriculture
under this section.
(d) Transfer to United States Postal Service.--The Secretary of
Agriculture shall transfer to the United States Postal Service
administrative jurisdiction over certain lands and interests in land
subject to Forest Service Special Use Permit No. 1073, containing
approximately 0.34 acres.
(e) Withdrawals.--Notwithstanding subsection (a), lands retained by
the Federal Government under this title shall continue to be withdrawn
from mineral entry under the United States mining laws.
SEC. 1207. SURVEYS.
The Secretary of the Interior shall survey or resurvey all or
portions of the Dutch John community as necessary--
(1) to accurately describe parcels identified under this
title for transfer among agencies, for Federal disposal, or for
retention by the United States; and
(2) to facilitate future recordation of title.
SEC. 1208. PLANNING.
(a) Responsibility.--In cooperation with the residents of Dutch
John, the Secretary of Agriculture, and the Secretary of the Interior,
Daggett County, Utah, shall be responsible for developing a land use
plan that is consistent with maintenance of the values of the land that
is adjacent to land that remains under the jurisdiction of the
Secretary of Agriculture or Secretary of the Interior under this title.
(b) Cooperation.--The Secretary of Agriculture and the Secretary of
the Interior shall cooperate with Daggett County in ensuring that
disposal processes are consistent with the land use plan developed
under subsection (a) and with this title.
SEC. 1209. APPRAISALS.
(a) Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
conduct appraisals to determine the fair market value of
properties designated for disposal under paragraphs (1), (2),
(3), (5), and (7) of section 1204(d).
(2) Unoccupied platted lots.--Not later than 90 days after
the date of receipt by the Secretary of the Interior from an
eligible purchaser of a written notice of intent to purchase an
unoccupied platted lot referred to in section 1204(d)(4), the
Secretary of the Interior shall conduct an appraisal of the
lot.
(3) Special use permits.--
(A) In general.--Not later than 90 days after the
date of receipt by the Secretary of the Interior from a
permit holder of a written notice of intent to purchase
a property described in section 1210(g), the Secretary
of the Interior shall conduct an appraisal of the
property.
(B) Improvements and alternative land.--An
appraisal to carry out subparagraph (A) may include an
appraisal of the value of permit holder improvements
and alternative land in order to conduct an in-lieu
land sale.
(4) Occupied parcels.--In the case of an occupied parcel,
an appraisal under this subsection shall include an appraisal
of the full fee value of the occupied lot or land parcel and
the value of residences, structures, facilities, and existing,
in-place federally owned fixtures and furnishings necessary for
full use of the property.
(5) Unoccupied parcels.--In the case of an unoccupied
parcel, an appraisal under this subsection shall consider
potential future uses of the parcel that are consistent with
the land use plan developed under section 1208(a) (including
the land use map of the plan) and with subsection (c).
(6) Funding.--Funds for appraisals conducted under this
section shall be derived from the Upper Colorado River Basin
Fund authorized by section 5 of the Act of April 11, 1956 (70
Stat. 107, chapter 203; 43 U.S.C. 620d).
(b) Reductions for Improvements.--An appraisal of a residence or a
structure or facility leased for private use under this section shall
deduct the contributory value of improvements made by the current
occupant or lessee if the occupant or lessee provides reasonable
evidence of expenditure of money or materials in making the
improvements.
(c) Current Use.--An appraisal under this section shall consider
the current use of a property (including the use of housing as a
community residence) and avoid uncertain speculation as to potential
future use.
(d) Review.--
(1) In general.--The Secretary of the Interior shall make
an appraisal under this section available for review by a
current occupant or lessee.
(2) Additional information or appeal.--
(A) In general.--The current occupant or lessee may
provide additional information, or appeal the findings
of the appraisal in writing, to the Upper Colorado
Regional Director of the Bureau of Reclamation.
(B) Action by secretary of the interior.--The
Secretary of the Interior--
(i) shall consider the additional
information or appeal; and
(ii) may conduct a second appraisal if the
Secretary determines that a second appraisal is
necessary.
(e) Inspection.--The Secretary of the Interior shall provide
opportunities for other qualified, interested purchasers to inspect
completed appraisals under this section.
SEC. 1210. DISPOSAL OF PROPERTIES.
(a) Conveyances.--
(1) Patents.--The Secretary of the Interior shall dispose
of properties identified for disposal under section 1204, other
than properties retained under section 1204(e), without regard
to law governing patents.
(2) Condition and land.--Except as otherwise provided in
this title, conveyance of a building, structure, or facility
under this title shall be in its current condition and shall
include the land parcel on which the building, structure, or
facility is situated.
(3) Fixtures and furnishings.--An existing and in-place
fixture or furnishing necessary for the full use of a property
or facility under this title shall be conveyed along with the
property.
(4) Maintenance.--
(A) Before conveyance.--Before property is conveyed
under this title, the Secretary of the Interior shall
ensure reasonable and prudent maintenance and proper
care of the property.
(B) After conveyance.--After property is conveyed
to a recipient under this title, the recipient shall be
responsible for--
(i) maintenance and proper care of the
property; and
(ii) any contamination of the property.
(b) Infrastructure Facilities and Land.--Infrastructure facilities
and land described in paragraphs (1) and (2) of section 1204(c) shall
be conveyed, without consideration, to Daggett County, Utah.
(c) School.--The lands on which are located the Dutch John public
schools described in section 1204(c)(3) shall be conveyed, without
consideration, to the Daggett County School District.
(d) Utah Division of Wildlife Resources.--Lands on which are
located the offices, 3 employee residences, warehouses, and facilities
of the Utah Division of Wildlife Resources described in section
1204(d)(7) shall be conveyed, without consideration, to the Division.
(e) Residences and Lots.--
(1) In general.--
(A) Fair market value.--A residence and occupied
residential lot to be disposed of under this title
shall be sold for the appraised fair market value.
(B) Notice.--The Secretary of the Interior shall
provide local general public notice, and written notice
to lessees and to current occupants of residences and
of occupied residential lots for disposal, of the
intent to sell properties under this title.
(2) Purchase of residences or lots by lessees.--
(A) In general.--Subject to subparagraph (B), the
Secretary of the Interior shall provide a holder of a
current lease from the Secretary for a residence to be
sold under paragraph (1) or (2) of section 1204(d) or
for a residential lot occupied by a privately owned
dwelling described in section 1204(d)(3) a period of
180 days beginning on the date of the written notice of
the Secretary of intent of the Secretary to sell the
residence or lot, to execute a contract with the
Secretary of the Interior to purchase the residence or
lot for the appraised fair market value.
(B) Notice of intent to purchase.--To obtain the
protection of subparagraph (A), the lessee shall,
during the 30-day period beginning on the date of
receipt of the notice referred to in subparagraph (A),
notify the Secretary in writing of the intent of the
lessee to purchase the residence or lot.
(C) No notice or purchase contract.--If no written
notification of intent to purchase is received by the
Secretary in accordance with subparagraph (B) or if a
purchase contract has not been executed in accordance
with subparagraph (A), the residence or lot shall
become available for purchase by other persons under
paragraph (3).
(3) Purchase of residences or lots by other persons.--
(A) Eligibility.--If a residence or lot becomes
available for purchase under paragraph (2)(C), the
Secretary of the Interior shall make the residence or
lot available for purchase by--
(i) a current authorized occupant of the
residence to be sold;
(ii) a holder of a current reclamation
lease for a residence within Dutch John;
(iii) an employee of the Bureau of
Reclamation or the Forest Service who resides
in Dutch John; or
(iv) a Federal or non-Federal employee in
support of a Federal agency who resides in
Dutch John.
(B) Priority.--
(i) Seniority.--Priority for purchase of
properties available for purchase under this
paragraph shall be by seniority of reclamation
lease or residency in Dutch John.
(ii) Priority list.--The Secretary of the
Interior shall compile a priority list of
eligible potential purchasers that is based on
the length of continuous residency in Dutch
John or the length of a continuous residence
lease issued by the Bureau of Reclamation in
Dutch John, with the highest priority provided
for purchasers with the longest continuous
residency or lease.
(iii) Interruptions.--If a continuous
residency or lease was interrupted, the
Secretary shall consider only that most recent
continuous residency or lease.
(iv) Other factors.--In preparing the
priority list, the Secretary shall not consider
a factor (including agency employment or
position) other than the length of the current
residency or lease.
(v) Disputes.--A potential purchaser may
file a written appeal over a dispute involving
eligibility or ranking on the priority list
with the Secretary of the Interior, acting
through the Upper Colorado Regional Director of
the Bureau of Reclamation. The Secretary,
acting through the Regional Director, shall
consider the appeal and resolve the dispute.
(C) Notice.--The Secretary of the Interior shall
provide general public notice and written notice by
certified mail to eligible purchasers that specifies--
(i) properties available for purchase under
this paragraph;
(ii) the appraised fair market value of the
properties;
(iii) instructions for potential eligible
purchasers; and
(iv) any purchase contract requirements.
(D) Notice of intent to purchase.--An eligible
purchaser under this paragraph shall have a period of
90 days after receipt of written notification to submit
to the Secretary of the Interior a written notice of
intent to purchase a specific available property at the
listed appraised fair market value.
(E) Notice of eligibility of highest eligible
purchaser to purchase property.--The Secretary of the
Interior shall provide notice to the potential
purchaser with the highest eligible purchaser priority
for each property that the purchaser will have the
first opportunity to execute a sales contract and
purchase the property.
(F) Availability to other purchasers on priority
list.--If no purchase contract is executed for a
property by the highest priority purchaser within the
180 days after receipt of notice under subparagraph
(E), the Secretary of the Interior shall make the
property available to other purchasers listed on the
priority list.
(G) Limitation on number of properties.--No
household may purchase more than 1 residential property
under this paragraph.
(4) Residual property to county.--If a residence or lot to
be disposed of under this title is not purchased in accordance
with paragraph (2) or (3) within 2 years after providing the
first notice of intent to sell under paragraph (1)(B), the
Secretary of the Interior shall convey the residence or lot to
Daggett County without consideration.
(5) Advisory committee.--The Secretary of the Interior,
acting through the Upper Colorado Regional Director of the
Bureau of Reclamation, may appoint a nonfunded Advisory
Committee comprised of 1 representative from each of the Bureau
of Reclamation, Daggett County, and the Dutch John community to
review and provide advice to the Secretary on the resolution of
disputes arising under this subsection and subsection (f).
(6) Financing.--The Secretary of the Interior shall provide
advice to potential purchasers under this subsection and
subsection (f) in obtaining appropriate and reasonable
financing for the purchase of a residence or lot.
(f) Unoccupied Platted Lots.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Interior shall make an unoccupied platted lot
described in section 1204(d)(4) available for sale to eligible
purchasers for the appraised fair market value of the lot.
(2) Conveyance for public purpose.--On request from Daggett
County, the Secretary of the Interior may convey directly to
the County without consideration a lot referred to in paragraph
(1) that will be used for a public use purpose that is
consistent with the land use plan developed under section
1208(a).
(3) Administration.--The procedures established under
subsection (e) shall apply to this subsection to the maximum
extent practicable, as determined by the Secretary of the
Interior.
(4) Land-use designation.--For each lot sold under this
subsection, the Secretary of the Interior shall include in the
notice of intent to sell the lot provided under this subsection
the land-use designation of the lot established under the land
use plan developed under section 1208(a).
(5) Limitation on number of lots.--No household may
purchase more than 1 residential lot under this subsection.
(6) Limitation on purchase of additional lots.--No
household purchasing an existing residence under this section
may purchase an additional single home, residential lot.
(7) Residual lots to county.--If a lot described in
paragraph (1) is not purchased in accordance with paragraphs
(1) through (6) within 2 years after providing the first notice
of intent to sell under this subsection, the Secretary of the
Interior shall convey the lot to Daggett County without
consideration.
(g) Special Use Permits.--
(1) Sale.--Lands on which Forest Service special use
permits are issued to holders numbered 4054 and 9303, Ashley
National Forest, comprising approximately 15.3 acres and 1
acre, respectively, may be sold at appraised fair market value
to the holder of the permit.
(2) Administration of permits.--On transfer of jurisdiction
of the land to the Secretary of the Interior pursuant to
section 1206, the Secretary of the Interior shall administer
the permits under the terms and conditions of the permits.
(3) Notice of availability for purchase.--The Secretary of
the Interior shall notify the respective permit holders in
writing of the availability of the land for purchase.
(4) Appraisals.--The Secretary of the Interior shall not
conduct an appraisal of the land unless the Secretary receives
a written notice of intent to purchase the land within 2 years
after providing notice under paragraph (3).
(5) Alternative parcels.--On request by permit holder
number 9303, the Secretary of the Interior, in consultation
with Daggett County, may--
(A) consider sale of a parcel within the Daggett
County community of similar size and appraised value in
lieu of the land under permit on the date of enactment
of this Act; and
(B) provide the holder credit toward the purchase
or other negotiated compensation for the appraised
value of improvements of the permittee to land under
permit on the date of enactment of this Act.
(6) Residual land to county.--If land described in
paragraph (1) is not purchased in accordance with paragraphs
(1) through (5) within 2 years after providing the first notice
of intent to sell under this subsection, the Secretary of the
Interior shall convey the land to Daggett County without
consideration.
(h) Transfers to County.--Other land occupied by authorization of a
special use permit, easement, or right-of-way to be disposed of under
this title shall be transferred to Daggett County if the holder of the
authorization and the County, prior to transfer of the lands to the
County--
(1) agree to and execute a legal document that grants the
holder the rights and privileges provided in the existing
authorization; or
(2) enter into another arrangement that is mutually
satisfactory to the holder and the County.
(i) Church Land.--
(1) In general.--The Secretary of the Interior shall offer
to sell land to be disposed of under this title on which is
located an established church to the parent entity of the
church at the appraised fair market value.
(2) Notice.--The Secretary of the Interior shall notify the
church in writing of the availability of the land for purchase.
(3) Residual land to county.--If land described in
paragraph (1) is not purchased in accordance with paragraphs
(1) and (2) within 2 years after providing the first notice of
intent to sell under this subsection, the Secretary of the
Interior shall convey the land to Daggett County without
consideration.
(j) Residual Properties to County.--The Secretary of the Interior
shall convey all lands, buildings, or facilities designated for
disposal under this title that are not conveyed in accordance with
subsections (a) through (i) to Daggett County without consideration.
(k) Water Rights.--
(1) In general.--Subject to the other provisions of this
subsection, the Secretary of the Interior shall transfer all
water rights the Secretary holds that are applicable to the
Dutch John municipal water system to Daggett County.
(2) Water service contract.--
(A) In general.--Transfer of rights under paragraph
(1) is contingent on Daggett County entering into a
water service contract with the Secretary of the
Interior covering payment for and delivery of untreated
water to Daggett County pursuant to the Act of April
11, 1956 (70 Stat. 105, chapter 203; 43 U.S.C. 620 et
seq.).
(B) Delivered water.--The contract shall require
payment only for water actually delivered.
(3) Existing rights.--Existing rights for transfer to
Daggett County under this subsection include--
(A) Utah Water Right 41-2942 (A30557, Cert. No.
5903) for 0.08 cubic feet per second from a water well;
and
(B) Utah Water Right 41-3470 (A30414b), an
unapproved application to segregate 12,000 acre-feet
per year of water from the original approved Flaming
Gorge water right (41-2963) for municipal use in the
town of Dutch John and surrounding areas.
(4) Culinary water supplies.--The transfer of water rights
under this subsection is conditioned on the agreement of
Daggett County to provide culinary water supplies to Forest
Service campgrounds served (on the date of enactment of this
Act) by the water supply system and to Forest Service and
Bureau of Reclamation facilities, at a rate equivalent to other
similar uses.
(5) Maintenance.--The Secretary of Agriculture and the
Secretary of the Interior shall be responsible for maintenance
of their respective water systems from the point of the
distribution lines of the systems.
(l) Shoreline Access.--On receipt of an acceptable application, the
Secretary of Agriculture shall consider issuance of a special use
permit affording Flaming Gorge Reservoir public shoreline access and
use within the vicinity of Dutch John in conjunction with commercial
visitor facilities provided and maintained under such a permit.
(m) Revenues.--
(1) In general.--Except as provided in paragraph (2), all
revenues derived from the sale of properties as authorized by
this title shall temporarily be deposited in a segregated
interest-bearing trust account in the Treasury with the moneys
on hand in the account paid to Daggett County semiannually to
be used by the County for purposes associated with the
provision of governmental and community services to the Dutch
John community.
(2) Deposit in the general fund.--Of the revenues described
in paragraph (1), 15.1 percent shall be deposited in the
general fund of the Treasury.
SEC. 1211. VALID EXISTING RIGHTS.
(a) Agreements.--
(1) In general.--If any lease, permit, right-of-way,
easement, or other valid existing right is appurtenant to land
conveyed to Daggett County, Utah, under this title, the County
shall honor and enforce the right through a legal agreement
entered into by the County and the holder before the date of
conveyance.
(2) Extension or termination.--The County may extend or
terminate an agreement under paragraph (1) at the end of the
term of the agreement.
(b) Use of Revenues.--During such period as the County is enforcing
a right described in subsection (a)(1) through a legal agreement
between the County and the holder of the right under subsection (a),
the County shall collect and retain any revenues due the Federal
Government under the terms of the right.
(c) Extinguishment of Rights.--If a right described in subsection
(a)(1) with respect to certain land has been extinguished or otherwise
protected, the County may dispose of the land.
SEC. 1212. CULTURAL RESOURCES.
(a) Memoranda of Agreement.--Before transfer and disposal under
this title of any land that contains cultural resources and that may be
eligible for listing on the National Register of Historic Places, the
Secretary of Agriculture, in consultation with the Secretary of the
Interior, the Utah Historic Preservation Office, and Daggett County,
Utah, shall prepare a memorandum of agreement, for review and approval
by the Utah Office of Historical Preservation and the Advisory Council
on Historic Preservation established by title II of the National
Historic Preservation Act (16 U.S.C. 470i et seq.), that contains a
strategy for protecting or mitigating adverse effects on cultural
resources on the land.
(b) Interim Protection.--Until such time as a memorandum of
agreement has been approved, or until lands are disposed of under this
title, the Secretary of Agriculture shall provide clearance or
protection for the resources.
(c) Transfer Subject to Agreement.--On completion of actions
required under the memorandum of agreement for certain land, the
Secretary of the Interior shall provide for the conveyance of the land
to Daggett County, Utah, subject to the memorandum of agreement.
SEC. 1213. TRANSITION OF SERVICES TO LOCAL GOVERNMENT CONTROL.
(a) Assistance.--
(1) In general.--The Secretary of the Interior shall
provide training and transitional operating assistance to
personnel designated by Daggett County, Utah, as successors to
the operators for the Secretary of the infrastructure
facilities described in section 1204(c).
(2) Duration of training.--With respect to an
infrastructure facility, training under paragraph (1) shall
continue for such period as is necessary for the designated
personnel to demonstrate reasonable capability to safely and
efficiently operate the facility, but not to exceed 2 years.
(3) Continuing assistance.--The Secretary shall remain
available to assist with resolving questions about the original
design and installation, operating and maintenance needs, or
other aspects of the infrastructure facilities.
(b) Transition Costs.--For the purpose of defraying costs of
transition in administration and provision of basic community services,
an annual payment of $300,000 (as adjusted by the Secretary for changes
in the Consumer Price Index for all-urban consumers published by the
Department of Labor) shall be provided from the Upper Colorado River
Basin Fund authorized by section 5 of the Act of April 11, 1956 (70
Stat. 107, chapter 203; 43 U.S.C. 620d), to Daggett County, Utah, or,
in accordance with subsection (c), to Dutch John, Utah, for a period
not to exceed 15 years beginning the first January 1 that occurs after
the date of enactment of this Act.
(c) Division of Payment.--If Dutch John becomes incorporated and
become responsible for operating any of the infrastructure facilities
referred to in subsection (a)(1) or for providing other basic local
governmental services, the payment amount for the year of incorporation
and each following year shall be proportionately divided between
Daggett County and Dutch John based on the respective costs paid by
each government for the previous year to provide the services.
(d) Electric Power.--
(1) Availability.--The United States shall make available
electric power and associated energy from the Colorado River
Storage Project for the Dutch John community.
(2) Amount.--The amount of electric power and associated
energy made available under paragraph (1) shall not exceed
1,000,000 kilowatt-hours per year.
(3) Rates.--The rates for power and associated energy shall
be the firm capacity and energy rates of the Salt Lake City
Area/Integrated Projects.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.
(a) Resource Recovery and Mitigation.--There are authorized to be
appropriated to the Secretary of Agriculture, out of nonpower revenues
to the Federal Government from land transferred under this title, such
sums as are necessary to implement such habitat, sensitive resource, or
cultural resource recovery, mitigation, or replacement strategies as
are developed with respect to land transferred under this title, except
that the strategies may not include acquisition of privately owned
lands in Daggett County.
(b) Other Sums.--In addition to sums made available under
subsection (a), there are authorized to be appropriated such sums as
are necessary to carry out this title.
TITLE XIII--RECLAMATION PROJECT CONVEYANCES AND MISCELLANEOUS
PROVISIONS
Subtitle A--Sly Park Dam and Reservoir, California
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ``Sly Park Unit Conveyance Act''.
SEC. 1312. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the El Dorado Irrigation
District, a political subdivision of the State of California
that has its principal place of business in the city of
Placerville, El Dorado County, California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all of the right, title, and
interest in and to the Sly Park Dam and Reservoir, Camp Creek
Diversion Dam and Tunnel, and conduits and canals held by the
United States pursuant to or related to the authorization in
the Act entitled ``An Act to authorize the American River Basin
Development, California, for irrigation and reclamation, and
for other purposes'', approved October 14, 1949 (63 Stat. 852
chapter 690);
SEC. 1313. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting the
obligations of the Federal Government for the Project and subject to
the payment by the District of the net present value of the remaining
repayment obligation, as determined by Office of Management and Budget
Circular A-129 (in effect on the date of enactment of this Act), the
Secretary shall convey the Project to the District.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
SEC. 1314. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the District alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such changes at that time (subject to section
1315).
SEC. 1315. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Not Affected.--The conveyance of the
Project under this subtitle does not affect the payment obligations of
the District under the contract between the District and the Secretary
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A.
(b) Payment Obligations Extinguished.--Provision of consideration
by the District in accordance with section 1313(b) shall extinguish all
payment obligations under contract numbered 14-06-200-949IR1 between
the District and the Secretary.
SEC. 1316. RELATIONSHIP TO OTHER LAWS.
(a) Reclamation Laws.--Except as provided in subsection (b), upon
conveyance of the Project under this subtitle, the Reclamation Act of
1902 (82 Stat. 388) and all Acts amendatory thereof or supplemental
thereto shall not apply to the Project.
(b) Payments Into the Central Valley Project Restoration Fund.--The
El Dorado Irrigation District shall continue to make payments into the
Central Valley Project Restoration Fund for 31 years after the date of
the enactment of this Act. The District's obligation shall be
calculated in the same manner as Central Valley Project water
contractors.
SEC. 1317. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be liable for damages of any kind arising out of any act, omission,
or occurrence based on its prior ownership or operation of the conveyed
property.
Subtitle B--Minidoka Project, Idaho
SEC. 1321. SHORT TITLE
This subtitle may be cited as the ``Burley Irrigation District
Conveyance Act''.
SEC. 1322. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Burley
Irrigation District, an irrigation district organized under the
law of the State of Idaho.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Project.--The term ``Project'' means all of the right,
title, and interest in and to the Southside Pumping Division of
the Minidoka Project, Idaho, including the water distribution
system below the headworks of the Minidoka Dam held in the name
of the United States for the benefit of, and for use on land
within, the District for which the allocable construction costs
have been fully repaid by the District.
SEC. 1323. CONVEYANCE.
(a) In General.--In consideration of the District accepting the
obligations of the Federal Government for the Project, and subject to
the completion of payments by the District required under subsection
(c)(3), the Secretary shall convey the Project and the water rights
described in subsection (b) to the District.
(b) Water Rights.--
(1) Transfer required.--The Secretary shall transfer to the
District, through an agreement among the District, the Minidoka
Irrigation District, and the Secretary and in accordance with
and subject to the law of the State of Idaho, all natural flow,
waste, seepage, return flow, and ground water rights held in
the name of the United States--
(A) for the benefit of the South Side Pumping
Division operated and maintained by the District;
(B) for use on lands within the District or that
are return flows for which the District may receive
credit against storage water used.
(2) Limitation.--The transfer of the property interest of
the United States in Project water rights directed to be
conveyed by this section shall--
(A) neither enlarge nor diminish the water rights
of either the Minidoka Irrigation District or the
District, as set forth in their respective contracts
with the United States;
(B) not be exercised as to impair the integrated
operation of the Minidoka Project by the Secretary
pursuant to applicable Federal law;
(C) not affect any other water rights; and
(D) not result in any adverse impact on any other
project water user.
(c) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be borne by the District.
SEC. 1324. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the District alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such changes at that time (subject to section
1325).
SEC. 1325. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Savings.--Nothing in this subtitle or any transfer pursuant
thereto shall affect the right of Minidoka Irrigation District to the
joint use of the gravity portion of the Southside Canal, subject to
compliance by the Minidoka Irrigation District with the terms and
conditions of a contract between the District and Minidoka Irrigation
District, and any amendments or changes made by agreement of the
irrigation districts.
(b) Allocation of Storage Space.--The Secretary shall provide an
allocation to the District of storage space in Minidoka Reservoir,
American Falls Reservoir, and Palisades Reservoir, as described in
Burley Contract Nos. 14-06-100-2455 and 14-06-W-48, subject to the
obligation of Burley to continue to assume and satisfy its allocable
costs of operation and maintenance associated with the storage
facilities operated by the Bureau of Reclamation.
(c) Project Reserved Power.--The Secretary shall continue to
provide the District with project reserved power from the Minidoka
Reclamation Power Plant, Palisades Reclamation Power Plant, Black
Canyon Reclamation Power Plant, and Anderson Ranch Reclamation Power
Plant in accordance with the terms of the existing contracts, including
any renewals thereof as provided in such contracts.
SEC. 1326. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be held liable for damages of any kind arising out of any act,
omission, or occurrence based on its prior ownership or operation of
the conveyed property.
Subtitle C--Carlsbad Irrigation Project, New Mexico
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Carlsbad Irrigation Project
Acquired Land Conveyance Act''.
SEC. 1332. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Carlsbad Irrigation
District, a quasimunicipal corporation formed under the laws of
the State of New Mexico that has its principal place of
business in the city of Carlsbad, Eddy County, New Mexico.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all right, title, and
interest in and to the lands (including the subsurface and
mineral estate) in Eddy County, New Mexico, described as the
acquired lands in section (7) of the Status of Lands and Title
Report: Carlsbad Project as reported by the Bureau of
Reclamation in 1978 and all interests the United States holds
in the irrigation and drainage system of the Carlsbad Project
and all related ditch rider houses, maintenance shop and
buildings, and Pecos River Flume.
SEC. 1333. CONVEYANCE OF PROJECT.
(a) In General.--Except as provided in subsection (b), in
consideration of the District accepting the obligations of the Federal
Government for the Project, and subject to the completion of payments
by the District required under subsection (c)(3), the Secretary shall
convey the Project to the District
(b) Retained Title.--The Secretary shall retain title to the
surface estate (but not the mineral estate) of such Project lands which
are located under the footprint of Brantley and Avalon dams or any
other Project dam or reservoir diversion structure. The Secretary shall
retain storage and flow easements for any tracts located under the
maximum spillway elevations of Avalon and Brantley Reservoirs.
(c) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
SEC. 1334. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use and operation of
the Project from its current use. The Project shall continue to be
managed and used by the District for the purposes for which the Project
was authorized, based on historic operations, and consistent with the
management of other adjacent project lands.
(b) Future Alterations.--If the District alters the operations or
uses of the Project, it shall comply with all applicable laws or
regulations governing such changes at that time (subject to section
1335).
SEC. 1335. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) In General.--Except as provided in subsection (b), upon
conveyance of the Project under this subtitle the District shall assume
all rights and obligations of the United States under the agreement
dated July 28, 1994, between the United States and the Director, New
Mexico Department of Game and Fish (Document No. 2-LM-40-00640),
relating to management of certain lands near Brantley Reservoir for
fish and wildlife purposes and the agreement dated March 9, 1977,
between the United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-X0888) for the
management and operation of Brantley Lake State Park.
(b) Limitation.--The District shall not be obligated for any
financial support agreed to by the Secretary, or the Secretary's
designee, in either agreement and the District shall not be entitled to
any receipts or revenues generated as a result of either agreement.
SEC. 1336. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE
ACQUIRED LANDS.
(a) Notification of Leaseholders.--Within 120 days after the date
of enactment of this Act, the Secretary shall provide to the District a
written identification of all mineral and grazing leases in effect on
Project lands on the date of enactment of this Act and notify all
leaseholders of the conveyance authorized by this subtitle.
(b) Management of Leases, Licenses, and Permits.--The District
shall assume all rights and obligations of the United States for all
mineral and grazing leases, licenses, and permits existing on the
Project lands conveyed under section 1333, and shall be entitled to any
receipts from such leases, licenses, and permits accruing after the
date of conveyance. All such receipts shall be used for purposes for
which the Project was authorized and for financing the portion of
operations, maintenance, and replacement at the Sumner Dam that, prior
to conveyance, was the responsibility of the Bureau of Reclamation,
with the exception of major maintenance programs in progress prior to
conveyance. The District shall continue to adhere to the current Bureau
of Reclamation mineral leasing stipulations for the Project.
(c) Availability of Amounts Paid Into the Reclamation Fund.--
(1) Amounts in fund on date of enactment.--Amounts in the
reclamation fund on the date of enactment of this Act which
exist as construction credits to the Carlsbad Project under the
terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351-359) shall be deposited into the general fund of the
Treasury and credited to deficit reduction or retirement of the
Federal debt.
(2) Receipts after date of enactment.--Of the receipts from
mineral and grazing leases, licenses, and permits on Project
lands to be conveyed under section 1333 that are received by
the United States after the date of enactment of this Act and
before the date of conveyance, up to $200,000 shall be applied
to pay the cost referred to in section 1333(c)(3) and the
remainder shall be deposited into the general fund of the
Treasury of the United States and credited to deficit reduction
or retirement of the Federal debt.
SEC. 1337. WATER CONSERVATION PRACTICES.
Nothing in this subtitle shall be construed to limit the ability of
the District to voluntarily implement water conservation practices.
SEC. 1338. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be liable for damages of any kind arising out of any act, omission,
or occurrence based on its prior ownership or operation of the conveyed
property.
SEC. 1339. FUTURE RECLAMATION BENEFITS.
After completion of the conveyance under this subtitle, the
District shall not be eligible for any emergency loan from the Bureau
of Reclamation for maintenance or replacement of any facility conveyed
under this subtitle.
Subtitle D--Palmetto Bend Project, Texas
SEC. 1341. SHORT TITLE.
This subtitle may be cited as the ``Palmetto Bend Conveyance Act''.
SEC. 1342. DEFINITIONS.
In this subtitle:
(1) State.--The term ``State'' means the Lavaca-Navidad
River Authority and the Texas Water Development Board, jointly.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Project.--The term ``Project'' means all of the right,
title, and interest in and to the Palmetto Bend reclamation
project, Texas, authorized by Public Law 90-562 (82 Stat. 999).
SEC. 1343. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the State accepting the
obligations of the Federal Government for the Project and subject to
the payment by the State of the net present value of the remaining
repayment obligation, as determined by Office of Management and Budget
Circular A-129 (in effect on the date of enactment of this Act) and the
completion of payments by the State required under subsection (b)(3),
the Secretary shall convey the Project to the State.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
State intends to change Project operations as a result of the
conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this title before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the State.
SEC. 1344. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the State alters the operations or uses
of the Project it shall comply will all applicable laws or regulations
governing such changes at that time.
(c) Condition.--Subject to the laws of the State of Texas, Lake
Texana shall not be used to wheel water originating from the Texas,
Colorado River.
SEC. 1345. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
Existing obligations of the United States pertaining to the Project
shall continue in effect and be assumed by the State.
SEC. 1346. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the Reclamation
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or
supplemental thereto shall not apply to the Project.
SEC. 1347. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be liable for damages of any kind arising out of any act, omission,
or occurrence based on its prior ownership or operation of the conveyed
property.
Subtitle E--Wellton-Mohawk Division, Gila Project, Arizona
SEC. 1351. SHORT TITLE.
This subtitle may be cited as the ``Wellton-Mohawk Division Title
Transfer Act of 1998''.
SEC. 1352. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Wellton-Mohawk
Irrigation and Drainage District, an irrigation and drainage
district created, organized, and existing under and by virtue
of the laws of the State of Arizona.
(2) The term ``Project'' means all of the right, title, and
interest in and to the Wellton-Mohawk Division, Gila Project,
Arizona, held by the United States pursuant to or related to
any authorization in the Act of July 30, 1947 (chapter 382; 61
Stat. 628).
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``withdrawn lands'' means those lands within
and adjacent to the District that have been withdrawn from
public use for reclamation purposes.
SEC. 1353. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting the
obligations of the Federal Government for the Project, and subject to
the payment of fair market value by the District for the withdrawn
lands and the completion of payments by the District required under
subsection (b)(3), the Secretary shall convey the Project and the
withdrawn lands to the District in accordance with the Memorandum of
Agreement between the Secretary and the District numbered 8-AA-34-WAO14
and dated July 10, 1998.
(b) Deadline.--
(1) In general.--The Secretary shall complete the
conveyance expeditiously, but not later than 3 years after the
date of enactment of this Act.
(2) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before the
applicable deadline under paragraph (1), the full cost of
administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
SEC. 1354. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use or operation.
(b) Future Alterations.--If the District alters the operations or
uses of the Project, it shall comply with all applicable laws and
regulations governing such changes at that time.
SEC. 1355. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be held liable under any law for damages of any kind arising out of
any act, omission, or occurrence based on its prior ownership or
operation of the conveyed property.
SEC. 1356. LANDS TRANSFER.
Pursuant to the Memorandum of Agreement between the Secretary and
the District numbered 8-AA-34-WAO14 and dated July 10, 1998, the
Secretary may transfer to the District, by sale or exchange, at fair
market value, public lands located in or adjacent to the Project, and
lands held by the Federal Government on the date of the enactment of
this Act pursuant to Public Law 93-320 and Public Law 100-512 and
located in or adjacent to the District, other than lands in the Gila
River channel.
SEC. 1357. WATER AND POWER CONTRACTS.
Notwithstanding any conveyance or transfer under this subtitle, the
Secretary and the Secretary of Energy shall provide for and deliver
Colorado River water and Parker-Davis Project Priority Use Power to the
District in accordance with the terms of existing contracts with the
District, including any amendments and supplements thereto or
extensions thereof and as provided under section 2 of the Memorandum of
Agreement between the Secretary and the District numbered 8-AA-34-WAO14
and dated July 10, 1998.
Subtitle F--Canadian River Project, Texas
SEC. 1361. SHORT TITLE.
This subtitle may be cited as the ``Canadian River Project
Prepayment Act''.
SEC. 1362. DEFINITIONS.
For the purposes of this subtitle:
(1) The term ``Authority'' means the Canadian River
Municipal Water Authority, a conservation and reclamation
district of the State of Texas.
(2) The term ``Canadian River Project Authorization Act''
means the Act entitled `An Act to authorize the construction,
operation, and maintenance by the Secretary of the Interior of
the Canadian River reclamation project, Texas'', approved
December 29, 1950 (chapter 1183; 64 Stat. 1124).
(3) The term ``Project'' means all of the right, title, and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1363. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority accepting
the obligation of the Federal Government for the Project and subject to
the payment by the Authority of the applicable amount under paragraph
(2) within the 360-day period beginning on the date of the enactment of
this subtitle, the Secretary shall convey the Project to the Authority,
as provided in section 2(c)(3) of the Canadian River Project
Authorization Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount shall be--
(A) $34,806,731, if payment is made by the Authority within
the 270-day period beginning on the date of enactment of this
title; or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the enactment
of this subtitle at the appropriate Treasury bill rate for an
equivalent term, if payment is made by the Authority after the
period referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the Authority
within the period specified in paragraph (1), this subtitle shall have
no force or effect.
(b) Financing.--Nothing in this subtitle shall be construed to
affect the right of the Authority to use a particular type of
financing.
SEC. 1364. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the Authority alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such alteration at that time.
(c) Recreation.--The Secretary of the Interior, acting through the
National Park Service, shall continue to operate the Lake Meredith
National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting through the
Corps of Engineers, shall continue to prescribe regulations for the use
of storage allocated to flood control at Lake Meredith as prescribed in
the Letter of Understanding entered into between the Corps, the Bureau
of Reclamation, and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have the right to
occupy and use without payment of lease or rental charges or license or
use fees the property retained by the Bureau of Reclamation at Sanford
Dam and all buildings constructed by the United States thereon for use
as the Authority's headquarters and maintenance facility. Buildings
constructed by the Authority on such property, or past and future
additions to Government constructed buildings, shall be allowed to
remain on the property. The Authority shall operate and maintain such
property and facilities without cost to the United States.
SEC. 1365. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of consideration
by the Authority in accordance with section 603(a) shall extinguish all
payment obligations under contract numbered 14-06-500-485 between the
Authority and the Secretary.
(b) Operation and Maintenance Costs.--After completion of the
conveyance provided for in section 1363, the Authority shall have full
responsibility for the cost of operation and maintenance of Sanford
Dam, and shall continue to have full responsibility for operation and
maintenance of the Project pipeline and related facilities.
(c) General.--Rights and obligations under the existing contract
No. 14-06-500-485 between the Authority and the United States, other
than provisions regarding repayment of construction charge obligation
by the Authority and provisions relating to the Project aqueduct, shall
remain in full force and effect for the remaining term of the contract.
SEC. 1366. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the Reclamation
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or
supplemental thereto shall not apply to the Project.
SEC. 1367. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the United States shall
not be liable under any law for damages of any kind arising out of any
act, omission, or occurrence relating to the conveyed property.
Subtitle G--Clear Creek Distribution System, California
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ``Clear Creek Distribution System
Conveyance Act''.
SEC. 1372. DEFINITIONS.
For purposes of this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Distribution system.--The term ``Distribution System''
means all the right title and interest in and to the Clear
Creek distribution system as defined in the agreement entitled
``Agreement Between the United States and the Clear Creek
Community Services District to Transfer Title to the Clear
Creek Distribution System to the Clear Creek Community Services
District'' (Agreement No. 8-07-20-L6975).
SEC. 1373. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting the
obligations of the Federal Government for the Distribution System and
subject to the completion of payments by the District required under
subsection (b)(3), the Secretary shall convey the Distribution System
to the District.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
SEC. 1374. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Distribution System from its current use and operation.
(b) Future Alterations.--If the District alters the operations or
uses of the Distribution System it shall comply with all applicable
laws or regulations governing such changes at that time (subject to
section 1375).
SEC. 1375. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Native American Trust Responsibility.--The Secretary shall
ensure that any trust responsibilities to any Native American Tribes
that may be affected by the conveyance under this title are protected
and fulfilled.
(b) Contract Obligations.--Conveyance of the Distribution System
under this subtitle--
(1) shall not affect any of the provisions of the
District's existing water service contract with the United
States (contract number 14-06-200-489-IR3), as it may be
amended or supplemented; and
(2) shall not deprive the District of any existing
contractual or statutory entitlement to subsequent interim
renewals of such contract or to renewal by entering into a
long-term water service contract.
SEC. 1376. LIABILITY.
Effective on the date of conveyance of the Distribution System
under this subtitle, the United States shall not be liable under any
law for damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of the conveyed
property.
Subtitle H--Pine River Project, Colorado
SEC. 1381. SHORT TITLE.
This subtitle may be cited as the ``Vallecito Dam and Reservoir
Conveyance Act''.
SEC. 1382. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Pine River Irrigation
District, a political division of the State of Colorado duly
organized, existing, and acting pursuant to the laws thereof
with its principal place of business in the city of Bayfield,
La Plata County, Colorado.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term the ``Project'' means Vallecito Dam and
Reservoir, and associated interests, owned by the United States
and authorized in 1937 under the provisions of the Department
of the Interior Appropriation Act of June 25, 1910 (36 Stat.
835).
(4) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended November
30, 1953, all amendments thereto, and changes pursuant to the
Act of July 27, 1954 (68 Stat. 534).
(5) The term ``Tribe'' means the Southern Ute Indian Tribe,
a federally recognized Indian tribe located on the Southern Ute
Indian Reservation, La Plata County, Colorado.
(6) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United States
Department of Agriculture, Forest Service and United States
Department of the Interior, Bureau of Reclamation and the
Bureau of Indian Affairs'' dated March, 1998.
SEC. 1383. CONVEYANCE OF PROJECT.
(a) Conveyance to District.--
(1) In general.--In consideration of the District accepting
the obligations of the Federal Government for the Project and
subject to the completion of payments by the District required
under subsection (b)(3) and occurrence of the events described
in paragraphs (2) and (3) of this subsection, the Secretary
shall convey an undivided \5/6\ interest in the Project to the
District.
(2) Submission of management plan.--Prior to any conveyance
under paragraph (1), the District shall submit to the Secretary
a plan to manage the Project in a manner substantially similar
to the manner in which it was managed prior to the transfer and
in accordance with applicable Federal and State laws, including
provisions--
(A) protecting the interests in the Project held by
the Bureau of Indian Affairs for the Tribe;
(B) preserving public access and recreational
values and preventing growth on certain lands to be
conveyed hereunder, as set forth in an Agreement dated
March 20, 1998, between the District and residents of
Vallecito Reservoir; and
(C) ensuring that any future change in the use of
the water supplied by Vallecito Reservoir shall comply
with applicable law.
(3) Limitation.--No interest in the Project shall convey
under this subsection before the date on which the Secretary
receives a copy of a resolution adopted by the Tribe declaring
that the terms of the conveyance protects the Indian trust
assets of the Tribe.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance under subsection (a)
expeditiously, but not later than 180 days after the date of
the enactment of this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the District
submits a plan in accordance with subsection (a)(2) and the
Secretary receives a copy of a resolution described in
subsection (a)(3), and the Secretary fails to complete the
conveyance under subsection (a) before the applicable deadline
under paragraph (1) or (2), the full cost of administrative
action and environmental compliance for the conveyance shall be
borne by the Secretary. If the Secretary completes the
conveyance before that deadline, \1/2\ of such cost shall be
paid by the District.
(c) Tribal Interests.--At the option of the Tribe, the Secretary
shall convey to the Tribe an undivided \1/6\ interest in the Project,
all interests in lands over which the Bureau of Indian Affairs holds
administrative jurisdiction under section 1384(e)(1)(A), and water
rights associated with those interests. No consideration or
compensation shall be required to be paid to the United States for such
conveyance.
(d) Restriction on Partition.--Any conveyance of interests in lands
under this subtitle shall be subject to the prohibition that those
interests in those lands may not be partitioned. Any quit claim deed or
patent evidencing such a conveyance shall expressly prohibit
partitioning.
SEC. 1384. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Description of Existing Condition.--The Secretary shall submit
to the District, the Bureau of Indian Affairs, and the State of
Colorado a description of the existing condition of Vallecito Dam based
on Bureau of Reclamation's current knowledge and understanding.
(c) Future Alterations.--If the District alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such changes at that time.
(d) Flood Control Plan.--The District shall work with Corps of
Engineers to develop a flood control plan for the operation of
Vallecito Dam for flood control purposes.
(e) Jurisdictional Transfer of Lands.--
(1) Inundated lands.--To provide for the consolidation of
lands associated with the Project to be retained by the Forest
Service and the consolidation of lands to be transferred to the
District, the administrative jurisdiction of lands inundated by
and along the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth in this
subsection, concurrently with any conveyance under section
1383. Except as otherwise shown on the Jurisdictional Map--
(A) for withdrawn lands (approximately 260 acres)
lying below the 7,665-foot reservoir water surface
elevation level, the Forest Service shall transfer an
undivided \5/6\ interest to the Bureau of Reclamation
and an undivided \1/6\ interest to the Bureau of Indian
Affairs in trust for the Tribe; and
(B) for Project acquired lands (approximately 230
acres) above the 7,665-foot reservoir water surface
elevation level, the Bureau of Reclamation and the
Bureau of Indian Affairs shall transfer their interests
to the Forest Service.
(2) Map.--The Jurisdictional Map and legal descriptions of
the lands transferred pursuant to paragraph (1) shall be on
file and available for public inspection in the offices of the
Chief of the Forest Service, the Commissioner of Reclamation,
appropriate field offices of those agencies, and the Committee
on Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(3) Administration.--Following the transfer of
administrative jurisdiction under paragraph (1):
(A) All lands that, by reason of the transfer of
administrative jurisdiction under paragraph (1), become
National Forest System lands within the boundaries of
the San Juan National Forest, shall be administered in
accordance with the laws, rules, and regulations
applicable to the National Forest System.
(B) Bureau of Reclamation withdrawals of land from
the San Juan National Forest established by Secretarial
Orders on November 9, 1936, October 14, 1937, and June
20, 1945, together designated as Serial No. C-28259,
shall be revoked.
(C) The Forest Service shall issue perpetual
easements to the District and the Bureau of Indian
Affairs, at no cost to the District or the Bureau of
Indian Affairs, providing adequate access across all
lands subject to Forest Service jurisdiction to insure
the District and the Bureau of Indian Affairs the
ability to continue to operate and maintain the
Project.
(D) The undivided \5/6\ interest in National Forest
System lands that, by reason of the transfer of
administrative jurisdiction under paragraph (1) is to
be administered by Bureau of Reclamation, shall be
conveyed to the District pursuant to section 1383.
(E) The District and the Bureau of Indian Affairs
shall issue perpetual easements to the Forest Service,
at no cost to the Forest Service, from National Forest
System lands to Vallecito Reservoir to assure continued
public access to Vallecito Reservoir when the Reservoir
level drops below the 7,665-foot water surface
elevation.
(F) The District and the Bureau of Indian Affairs
shall issue a perpetual easement to the Forest Service,
at no cost to the Forest Service, for the
reconstruction, maintenance, and operation of a road
from La Plata County Road No. 501 to National Forest
System lands east of the Reservoir.
(4) Valid existing rights.--Nothing in this subsection
shall affect any valid existing rights or interests in any
existing land use authorization, except that any such land use
authorization shall be administered by the agency having
jurisdiction over the land after the transfer of administrative
jurisdiction under paragraph (1) in accordance with paragraph
(3) and other applicable law. Renewal or reissuance of any such
authorization shall be in accordance with applicable law and
the regulations of the agency having jurisdiction, except that
the change of administrative jurisdiction shall not in itself
constitute a ground to deny the renewal or reissuance of any
such authorization.
(f) Federal Dam Charge.--Nothing in this subtitle shall relieve the
holder of the Federal Energy Regulatory Commission license for
Vallecito Dam in effect on the date of the enactment of this Act from
the obligation to make payments under section 10(e)(2) of the Federal
Power Act during the term of the license.
SEC. 1385. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the Reclamation
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or
supplemental thereto shall not apply to the Project.
SEC. 1386. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this subtitle, the liability of the
United States under any law for damages of any kind arising out of any
act, omission, or occurrence based on its prior ownership or operation
of property in which an interest is conveyed by the United States
pursuant to this subtitle shall be limited to the portion of the total
damages that bears the same proportion to the total damages as the
interest in the property retained by the United States bears to the
total interest in the property.
Subtitle I--Technical Corrections and Miscellaneous Provisions
SEC. 1391. TECHNICAL CORRECTIONS.
(a) Reduction of Waiting Period for Obligation of Funds Provided
Under Reclamation Safety of Dams Act of1978.--Section 5 of the
Reclamation Safety of Dams Act of 1978 (92 Stat. 2471; 43 U.S.C. 509)
is amended by striking ``sixty days'' and all that follows through
``day certain)'' and inserting ``30 calendar days''.
(b) Albuquerque Metropolitan Area Reclamation and Reuse Project.--
Section 1621 of the Reclamation Projects Authorization and Adjustment
Act of 1992, as added by section 2(a)(2) of the Reclamation Recycling
and Water Conservation Act of 1996 (110 Stat. 3292; 43 U.S.C. 390h-
12g), is amended--
(1) in the heading by striking ``study'' and inserting
``project''; and
(2) in subsection (a)--
(A) by inserting ``the planning, design, and
construction of'' after ``participate in'';
(B) by striking ``Study'' and inserting
``Project''; and
(C) by inserting ``and nonpotable surface water''
after ``impaired groundwater''.
(c) Phoenix Metropolitan Water Reclamation and Reuse Project.--
Section 1608 of the Reclamation Projects Authorization and Adjustment
Act of 1992 (106 Stat. 4666; 43 U.S.C. 390h-6) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Secretary, in cooperation with the city of Phoenix,
Arizona, shall participate in the planning, design, and construction of
the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize
fully wastewater from the regional wastewater treatment plant for
direct municipal, industrial, agricultural, and environmental purposes,
groundwater recharge, and indirect potable reuse in the Phoenix
metropolitan area.'';
(2) in subsection (b) by striking the first sentence; and
(3) by striking subsection (c).
(d) Refund of Certain Amounts Received Under Reclamation Reform Act
of 1982.--
(1) Refund required.--Subject to paragraph (2) and the
availability of appropriations, the Secretary of the Interior
shall refund fully amounts received by the United States as
collections under section 224(i) of the Reclamation Reform Act
of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)) for paid bills
(including interest collected) issued by the Secretary of the
Interior before January 1, 1994, for full-cost charges that
were assessed for failure to file certain certification forms
under sections 206 and 224(c) of such Act (96 Stat. 1266, 1272;
43 U.S.C. 390ff, 390ww(c)).
(2) Administrative fee.--In the case of a refund of amounts
collected in connection with sections 206 and 224(c) of the
Reclamation Reform Act of 1982 (96 Stat. 1266, 1272; 43 U.S.C.
390ff, 390ww(c)) with respect to any water year after the 1987
water year, the amount refunded shall be reduced by an
administrative fee of $260 for each occurrence.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $3,000,000.
(e) Extension of Periods for Repayments for Nueces River
Reclamation Project and Canadian River Reclamation Project, Texas.--
Section 2 of the Emergency Drought Relief Act of 1996 (Public Law 104-
318; 110 Stat. 3862) is amended by adding at the end the following new
subsection:
``(c) Extension of Periods for Repayment.--Notwithstanding any
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et
seq.), the Secretary of the Interior--
``(1) shall extend the period for repayment by the city of
Corpus Christi, Texas, and the Nueces River Authority under
contract No. 6-07-01-X0675, relating to the Nueces River
reclamation project, Texas, until--
``(A) August 1, 2029, for repayment pursuant to the
municipal and industrial water supply benefits portion
of the contract; and
``(B) until August 1, 2044, for repayment pursuant
to the fish and wildlife and recreation benefits
portion of the contract; and
``(2) shall extend the period for repayment by the Canadian
River Municipal Water Authority under contract No. 14-06-500-
485, relating to the Canadian River reclamation project, Texas,
until October 1, 2021.''.
(f) Solano Project Water.--
(1) Authorization.--The Secretary of the Interior is
authorized to enter into contracts with the Solano County Water
Agency, or any of its member unit contractors for water from
the Solano Project, California, pursuant to the Act of February
21, 1911 (43 U.S.C. 523), for--
(A) the impounding, storage, and carriage of
nonproject water for domestic, municipal, industrial,
and other beneficial purposes, using any facilities
associated with the Solano Project, California, and
(B) the exchange of water among Solano Project
contractors, for the purposes set forth in subparagraph
(A), using facilities associated with the Solano
Project, California.
(2) Limitation.--The authorization under paragraph (1)
shall be limited to the use of that portion of the Solano
Project facilities downstream of Mile 26 of the Putah South
Canal (as that canal is depicted on the official maps of the
Bureau of Reclamation), which is below the diversion points on
the Putah South Canal utilized by the city of Fairfield for
delivery of Solano Project water.
(g) Fish Passage and Protective Facilities, Rogue River Basin,
Oregon.--The Secretary of the Interior is authorized to use otherwise
available amounts to provide up to $2,000,000 in financial assistance
to the Medford Irrigation District and the Rogue River Valley
Irrigation District for the design and construction of fish passage and
protective facilities at North Fork Little Butte Creek Diversion Dam
and South Fork Little Butte Creek Diversion Dam in the Rogue River
basin, Oregon, if the Secretary determines in writing that these
facilities will enhance the fish recovery efforts currently underway at
the Rogue River Basin Project, Oregon.
SEC. 1392. AUTHORIZATION TO CONSTRUCT TEMPERATURE CONTROL DEVICES.
(a) Folsom Dam.--The Secretary of the Interior is hereby authorized
to construct in accordance with the draft environmental impact
statement/environmental impact report for the Central Valley Supply
contracts under Public Law 101-514 (section 206) and the report
entitled ``Assessment of the Beneficial and Adverse Impacts of
Operating a Temperature Control Device (TCD) at the Water Supply
Intakes of Folsom Dam'', a temperature control device on Folsom Dam and
necessary associated temperature monitoring facilities. The temperature
control device and said associated temperature monitoring facilities
shall be operated as an integral part of the Central Valley Project for
the benefit and propagation of fall-run chinook salmon and steelhead
trout in the American River, California.
(b) Device on Non-CVP Facilities.--The Secretary of the Interior is
hereby authorized to construct or assist in the construction of 1 or
more temperature control devices on existing non-Federal facilities
delivering Central Valley Project water supplies from Folsom Reservoir
and necessary associated temperature monitoring facilities. These costs
of construction of temperature control device and associated
temperature monitoring facilities shall be nonreimbursable and operated
by the non-Federal facility owner at its expense, in coordination with
the Central Valley Project for the benefit and propagation of chinook
salmon and steelhead trout in the American River, California.
(c) Authorization.--There is hereby authorized to be appropriated
for the construction of a temperature control device on Folsom Dam and
necessary associated temperature monitoring facilities the sum of
$5,000,000 (adjusted for inflation based on October 1997 prices). There
is also authorized to be appropriated for the construction of a
temperature control device on existing non-Federal facilities and
necessary associated temperature monitoring facilities the sum of
$2,000,000 (October 1997 prices). There is also authorized to be
appropriated, in addition thereto, such amounts as are required for
operation, maintenance, and replacement of the temperature control
devices on Folsom Dam and associated temperature monitoring facilities.
SEC. 1393. COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT.
(a) Short Title.--This section may be cited as the ``Colusa Basin
Watershed Integrated Resources Management Act''.
(b) Authorization of Assistance.--The Secretary of the Interior (in
this section referred to as the ``Secretary'') may provide financial
assistance to the Colusa Basin Drainage District, California (in this
section referred to as the ``District''), for use by the District or by
local agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage Act (California
Stats. 1987, ch. 1399), as in effect on the date of the enactment of
this Act (in this section referred to as the ``State statute''), for
planning, design, environmental compliance, and construction required
in carrying out eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
(c) Project Selection.--
(1) Eligible projects.--A project shall be an eligible
project for purposes of subsection (b) only if it is--
(A) identified in the document entitled ``Colusa
Basin Water Management Program'', dated February 1995;
and
(B) carried out in accordance with that document
and all environmental documentation requirements that
apply to the project under the laws of the United
States and the State of California.
(2) Compatibility requirement.--The Secretary shall ensure
that projects for which assistance is provided under this
section are not inconsistent with watershed protection and
environmental restoration efforts being carried out under the
authority of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta
Program.
(d) Cost Sharing.--
(1) Non-federal share.--The Secretary shall require that
the District and cooperating non-Federal agencies or
organizations pay--
(A) 25 percent of the costs associated with
construction of any project carried out with assistance
provided under this section; and
(B) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to
such a project.
(2) Planning, design, and compliance assistance.--Funds
appropriated pursuant to this section may be made available to
fund all costs incurred for planning, design, and environmental
compliance activities by the District or by local agencies
acting pursuant to the State statute, in accordance with
agreements with the Secretary.
(3) Treatment of contributions.--For purposes of this
subsection, the Secretary shall treat the value of lands,
interests in lands (including rights-of-way and other
easements), and necessary relocations contributed by the
District to a project as a payment by the District of the costs
of the project.
(e) Costs Nonreimbursable.--Amounts expended pursuant to this
section shall be considered nonreimbursable for purposes of the Act of
June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts
amendatory thereof and supplemental thereto.
(f) Agreements.--Funds appropriated pursuant to this section may be
made available to the District or a local agency only if the District
or local agency, as applicable, has entered into a binding agreement
with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by subsection (d)(1); and
(2) governing the funding of planning, design, and
compliance activities costs under subsection (d)(2).
(g) Reimbursement.--For project work (including work associated
with studies, planning, design, and construction) carried out by the
District or by a local agency acting pursuant to the State statute
referred to in subsection (b) before the date amounts are provided for
the project under this section, the Secretary shall, subject to amounts
being made available in advance in appropriations Acts, reimburse the
District or the local agency, without interest, an amount equal to the
estimated Federal share of the cost of such work under subsection (d).
(h) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the
Secretary in carrying out the purposes of this section.
(2) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage
and let contracts and receive reimbursements, subject to
amounts being made available in advance in appropriations Acts,
for work carried out under such contracts or subcontracts.
(i) Relationship to Reclamation Reform Act of 1982.--Activities
carried out, and financial assistance provided, under this section
shall not be considered a supplemental or additional benefit for
purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).
(j) Appropriations Authorized.--There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000,
plus such additional amount, if any, as may be required by reason of
changes in costs of services of the types involved in the District's
projects as shown by engineering and other relevant indexes. Sums
appropriated under this subsection shall remain available until
expended.
TITLE XIV--PROVISIONS SPECIFIC TO ALASKA
Subtitle A--Land Exchange Near Gustavus and Related Provisions
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Glacier Bay National Park
Boundary Adjustment Act of 1998''.
SEC. 1402. LAND EXCHANGE AND WILDERNESS DESIGNATION.
(a) In General.--(1) Subject to conditions set forth in subsection
(c), if the State of Alaska, in a manner consistent with this subtitle,
offers to transfer to the United States the lands identified in
paragraph (4) in exchange for the lands identified in paragraph (3),
selected from the area described in section 1403(b)(1), the Secretary
of the Interior (in this subtitle referred to as the ``Secretary'')
shall complete such exchange no later than 6 months after the issuance
of a license to Gustavus Electric Company by the Federal Energy
Regulatory Commission (in this subtitle referred to as ``FERC''), in
accordance with this subtitle. This land exchange shall be subject to
the laws applicable to exchanges involving lands managed by the
Secretary as part of the National Park System in Alaska and the
appropriate process for the exchange of State lands required by State
law.
(2) The lands to be conveyed to the United States by the State of
Alaska shall be determined by mutual agreement of the Secretary and the
State of Alaska. Lands that will be considered for conveyance to the
United States pursuant to the process required by State law are lands
owned by the State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the State of
Alaska.
(3) If the Secretary and the State of Alaska have not agreed on
which lands the State of Alaska will convey by a date not later than 6
months after a license is issued pursuant to this subtitle, the United
States shall accept, within 1 year after a license is issued, title to
land having a sufficiently equal value to satisfy State and Federal
law, subject to clear title and valid existing rights, and absence of
environmental contamination, and as provided by the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law. Such land shall be
accepted by the United States, subject to the other provisions of this
subtitle, from among the following State lands in the priority listed:
copper river meridian
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1,
2, and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68
acres, as shown on the plat of survey accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1
and 2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec.
12; Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 838.66
acres, as shown on the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/
4\NE\1/4\ and NW\1/4\. Containing 200.00 acres, as shown on the
plat of survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6, lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately
529.94 acres, as shown on the plat of survey accepted June 9,
1922.
(4) The lands to be conveyed to the State of Alaska by the United
States under paragraph (1) are lands to be designated by the Secretary
and the State of Alaska, consistent with sound land management
principles, based on those lands determined by FERC with the
concurrence of the Secretary and the State of Alaska, in accordance
with section 1403(b), to be the minimum amount of land necessary for
the construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the land
exchanges described in this subtitle may be extended as necessary by
the Secretary should the processes of State law or Federal law delay
completion of an exchange.
(6) For purposes of this subtitle, the term ``land'' means lands,
waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction maintains,
within the National Wilderness Preservation System, approximately the
same amount of area of designated wilderness as currently exists, the
following lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange authorized by
this subtitle and shall be administered according to the laws governing
national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T.
36 S., R. 54 E., CRM, and shown on United States Geological
Survey quadrangle Mt. Fairweather (D-2), Alaska, containing
approximately 789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying
within Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R.
47 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (C-5), Alaska, containing
approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31.
S., R. 43 E and T. 32 S., R. 43 E., CRM, that is not currently
designated wilderness, containing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consistent
with sound land management principles, to approximately equal, in sum,
the total wilderness acreage deleted from Glacier Bay National Park and
Preserve pursuant to the land exchange authorized by this subtitle.
(c) Conditions.--Any exchange of lands under this subtitle may
occur only if--
(1) following the submission of a complete license
application, FERC has conducted economic and environmental
analyses under the Federal Power Act (16 U.S.C. 791-828)
(notwithstanding provisions of that Act and the Federal
regulations that otherwise exempt this project from economic
analyses), the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4370), and the Fish and Wildlife Coordination Act
(16 U.S.C. 661-666), that conclude, with the concurrence of the
Secretary of the Interior with respect to subparagraphs (A) and
(B), that the construction and operation of a hydroelectric
power project on the lands described in section 1403(b)--
(A) will not adversely impact the purposes and
values of Glacier Bay National Park and Preserve (as
constituted after the consummation of the land exchange
authorized by this section);
(B) will comply with the requirements of the
National Historic Preservation Act (16 U.S.C. 470-
470w); and
(C) can be accomplished in an economically feasible
manner;
(2) FERC held at least one public meeting in Gustavus,
Alaska, allowing the citizens of Gustavus to express their
views on the proposed project;
(3) FERC has determined, with the concurrence of the
Secretary and the State of Alaska, the minimum amount of land
necessary to construct and operate this hydroelectric power
project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction
may commence, and the FERC has approved such plan.
SEC. 1403. ROLE OF FERC.
(a) License Application.--(1) The FERC licensing process shall
apply to any application submitted by Gustavus Electric Company to the
FERC for the right to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an application filed
by Gustavus Electric Company for the construction and operation of a
hydropower plant to be located on lands within the area described in
subsection (b), notwithstanding section 3(2) of the Federal Power Act
(16 U.S.C. 796(2)). Such application must be submitted within 3 years
after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a) of this
section are lands in the State of Alaska described as follows:
copper river meridian
Township 39 South, Range 59 East, partially surveyed, Section 36
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\,
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing
approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed, Section 1
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2
(unsurveyed), fractional, that portion lying above the mean high tide
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945;
Section 11 (unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\,
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and Native
allotment A-442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in paragraph (1) to account for accretion to these
lands from natural forces.
(3) With the concurrence of the Secretary and the State of Alaska,
the FERC shall determine the minimum amount of lands necessary for
construction and operation of such project.
(4) The National Park Service shall participate as a joint lead
agency in the development of any environmental document under the
National Environmental Policy Act of 1969 in the licensing of such
project. Such environmental document shall consider both the impacts
resulting from licensing and any land exchange necessary to authorize
such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC's approval, prior to any commencement of construction, of
a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor of
potential project lands ultimately to be deleted from the Federal
reservation in accordance with this subtitle, waives its right to
impose mandatory conditions on such project lands pursuant to section
4(e) of the Federal Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or amend the
project license unless it determines, with the Secretary's concurrence,
that the project will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after the
consummation of the land exchange authorized by this subtitle).
Additionally, a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power project
shall require the licensee to mitigate any adverse effects of the
project on the purposes and values of Glacier Bay National Park and
Preserve identified by the Secretary after the initial licensing.
(4) A condition of the license to construct and operate any portion
of the hydroelectric power project shall be the completion, prior to
any commencement of construction, of the land exchange described in
this subtitle.
SEC. 1404. ROLE OF SECRETARY OF THE INTERIOR.
(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a
special use permit to Gustavus Electric Company to allow the completion
of the analyses referred to in section 1403. The Secretary shall impose
conditions in the permit as needed to protect the purposes and values
of Glacier Bay National Park and Preserve.
(b) Park System.--The lands acquired from the State of Alaska under
this subtitle shall be added to and administered as part of the
National Park System, subject to valid existing rights. Upon completion
of the exchange of lands under this subtitle, the Secretary shall
adjust, as necessary, the boundaries of the affected National Park
System units to include the lands acquired from the State of Alaska;
and adjust the boundary of Glacier Bay National Park and Preserve to
exclude the lands transferred to the State of Alaska under this
subtitle. Any such adjustment to the boundaries of National Park System
units shall not be considered in applying any acreage limitations under
section 103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make any
necessary modifications or adjustments of boundaries of wilderness
areas as a result of the additions and deletions caused by the land
exchange referenced in section 1402. Any such adjustment to the
boundaries of National Park System units shall not be considered in
applying any acreage limitations under section 103(b) of Public Law 96-
487.
(d) Concurrence of the Secretary.--Whenever in this subtitle the
concurrence of the Secretary is required, it shall not be unlawfully
withheld or unreasonably delayed.
SEC. 1405. APPLICABLE LAW.
The authorities and jurisdiction provided in this subtitle shall
continue in effect until such time as this subtitle is expressly
modified or repealed by Congress.
Subtitle B--Amendments to Alaska Native Claims Settlement Act and
Related Provisions
SEC. 1411. AUTOMATIC LAND BANK PROTECTION.
(a) Lands Received in Exchange From Certain Federal Agencies.--The
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is
amended by inserting ``or conveyed to a Native Corporation pursuant to
an exchange authorized by section 22(f) of Alaska Native Claims
Settlement Act or section 1302(h) of this Act or other applicable law''
after ``Settlement Trust''.
(b) Lands Exchanged Among Native Corporations.--Section
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of an
exchange or conveyance of such land or interest in land between
or among Native Corporations and trusts, partnerships,
corporations, or joint ventures, whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
(c) Actions by Trustee Serving Pursuant to Agreement of Native
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C.
1636(d)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to actions by any trustee whose right, title, or
interest in land or interests in land arises pursuant to an
agreement between or among Native Corporations and trusts,
partnerships, or joint ventures whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
SEC. 1412. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.
Section 907(d)(2)(A)(i) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1636(d)(2)(A)(i)) is amended--
(1) by inserting ``Any such modification shall be performed
by the Native individual or Native Corporation.'' after
``substantial modification.'';
(2) by inserting a period after ``developed state'' the
second place it appears; and
(3) by adding ``Any lands previously developed by third-
party trespassers shall not be considered to have been
developed.''.
SEC. 1413. RETAINED MINERAL ESTATE.
(a) In General.--Section 12(c)(4) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(c)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) Where such public lands are surrounded by or
contiguous to subsurface lands obtained by a Regional
Corporation under subsections (a) or (b), the Corporation may,
upon request, have such public land conveyed to it.
``(D)(i) A Regional Corporation which elects to obtain
public lands under subparagraph (C) shall be limited to a total
of not more than 12,000 acres. Selection by a Regional
Corporation of in lieu surface acres under subparagraph (E)
pursuant to an election under subparagraph (C) shall not be
made from any lands within a conservation system unit (as that
term is defined by section 102(4) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3102(4)).
``(ii) An election to obtain the public lands described in
subparagraph (A), (B), or (C) shall include all available
parcels within the township in which the public lands are
located.
``(iii) For purposes of this subparagraph and subparagraph
(C), the term `Regional Corporation' shall refer only to Doyon,
Limited.''; and
(2) in subparagraph (E) (as so redesignated), by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
(b) Failure to Appeal Not Prohibitive.--Section 12(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1611(c)) is amended by adding
at the end the following:
``(5) Subparagraphs (A), (B), and (C) of paragraph (4)
shall apply, notwithstanding the failure of the Regional
Corporation to have appealed the rejection of a selection
during the conveyance of the relevant surface estate.''.
SEC. 1414. AMENDMENT TO PUBLIC LAW 102-415.
Section 20 of the Alaska Land Status Technical Corrections Act of
1992 (106 Stat. 2129), is amended by adding at the end the following
new subsection:
``(h) Establishment of the account under subsection (b) and
conveyance of land under subsection (c), if any, shall be treated as
though 3,520 acres of land had been conveyed to Gold Creek under
section 14(h)(2) of the Alaska Native Claims Settlement Act for which
rights to subsurface estate are hereby provided to CIRI. Within 1 year
from the date of the enactment of this subsection, CIRI shall select
3,520 acres of land from the area designated for selection by paragraph
I.B.(2)(b) of the document identified in section 12(b) (referring to
the Talkeetna Mountains) of the Act of January 2, 1976 (43 U.S.C. 1611
note). Not more than five selections shall be made under this
subsection, each of which shall be reasonably compact and in whole
sections, except when separated by unavailable land or when the
remaining entitlement is less than a whole section.''.
SEC. 1415. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE
CORPORATION.
Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)) is amended--
(1) in paragraph (3)(A), by inserting ``and on bonds
received from a Native Corporation'' after ``from a Native
Corporation''; and
(2) in paragraph (3)(B), by inserting ``or bonds issued by
a Native Corporation which bonds shall be subject to the
protection of section 7(h) until voluntarily and expressly sold
or pledged by the shareholder subsequent to the date of
distribution'' before the semicolon.
SEC. 1416. MINING CLAIMS.
Paragraph (3) of section 22(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(c)) is amended--
(1) by striking out ``regional corporation'' each place it
appears and inserting in lieu thereof ``Regional Corporation'';
and
(2) by adding at the end the following: ``The provisions of
this section shall apply to Haida Corporation and the Haida
Traditional Use Sites, which shall be treated as a Regional
Corporation for the purposes of this paragraph, except that any
revenues remitted to Haida Corporation under this section shall
not be subject to distribution pursuant to section 7(i) of this
Act.''.
SEC. 1417. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND,
GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES.
Subsection (i) of section 7 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1606(i)) is amended--
(1) by striking ``Seventy per centum'' and inserting ``(A)
Except as provided by subparagraph (B), seventy percent''; and
(2) by adding at the end the following:
``(B) In the case of the sale, disposition, or other use of common
varieties of sand, gravel, stone, pumice, peat, clay, or cinder
resources made during a fiscal year ending after the date of enactment
of this subparagraph, the revenues received by a Regional Corporation
shall not be subject to division under subparagraph (A). Nothing in
this subparagraph is intended to or shall be construed to alter the
ownership of such sand, gravel, stone, pumice, peat, clay, or cinder
resources.''.
SEC. 1418. ALASKA NATIVE ALLOTMENT APPLICATIONS.
Section 905(a) of the Alaska National Interest Lands Conservation
Act (43 U.S.C. 1634(a)) is amended by adding at the end the following:
``(7) Paragraph (1) of this subsection and subsection (d) shall
apply, and paragraph (5) of this subsection shall cease to apply, to an
application--
``(A) that is open and pending on the date of enactment of
this paragraph,
``(B) if the lands described in the application are in
Federal ownership other than as a result of reacquisition by
the United States after January 3, 1959, and
``(C) if any protest which is filed by the State of Alaska
pursuant to paragraph (5)(B) with respect to the application is
withdrawn or dismissed either before, on, or after the date of
the enactment of this paragraph.
``(8)(A) Any allotment application which is open and pending and
which is legislatively approved by enactment of paragraph (7) shall,
when allotted, be made subject to any easement, trail, or right-of-way
in existence on the date of the Native allotment applicant's
commencement of use and occupancy.
``(B) The jurisdiction of the Secretary is extended to make any
factual determinations required to carry out this paragraph.''.
SEC. 1419. VISITOR SERVICES.
Paragraph (1) of section 1307(b) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3197(b)) is amended--
(1) by striking ``Native Corporation'' and inserting
``Native Corporations''; and
(2) by striking ``is most directly affected'' and inserting
``are most directly affected''.
SEC. 1420. LOCAL HIRE REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall transmit to
Congress a report.
(b) Local Hire.--The report required by subsection (a) shall--
(1) indicate the actions taken in carrying out subsection
(b) of section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198);
(2) address the recruitment processes that may restrict
employees hired under subsection (a) of such section from
successfully obtaining positions in the competitive service;
and
(3) describe the actions of the Secretary of the Interior
in contracting with Alaska Native Corporations to provide
services with respect to public lands in Alaska.
(c) Cooperation.--The Secretary of Agriculture shall cooperate with
the Secretary of the Interior in carrying out this section with respect
to the Forest Service.
SEC. 1421. SHAREHOLDER BENEFITS.
Section 7 of the Alaskan Native Claims Settlement Act (43 U.S.C.
1606) is amended by adding at the end the following:
``(r) Benefits for Shareholders or Immediate Families.--The
authority of a Native Corporation to provide benefits to its
shareholders who are Natives or descendants of Natives or to its
shareholders' immediate family members who are Natives or descendants
of Natives to promote the health, education, or welfare of such
shareholders or family members is expressly authorized and confirmed.
Eligibility for such benefits need not be based on share ownership in
the Native Corporation and such benefits may be provided on a basis
other than pro rata based on share ownership.''.
Subtitle C--Miscellaneous Provisions
SEC. 1431. MORATORIUM ON FEDERAL MANAGEMENT.
Prior to December 31, 1999, neither the Secretary of the Interior
nor the Secretary of Agriculture may issue or implement final
regulations, rules, or policies pursuant to title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.) to
assert jurisdiction, management, or control over the navigable waters
transferred to the State of Alaska pursuant to the Submerged Lands Act
(43 U.S.C. 1301 et seq.) or the Act entitled ``An Act to provide for
the admission of the State of Alaska into the Union'', approved July 7,
1958 (Public Law 85-508; 72 Stat. 339).
SEC. 1432. EASEMENT FOR CHUGACH ALASKA CORPORATION.
(a) In General.--Notwithstanding any other provision of law, not
later than December 11, 1998, the Secretary of Agriculture shall convey
to Chugach Alaska Corporation an easement for the construction, use,
and maintenance of forest roads and related facilities necessary for
access to and economic development of the land interests in the Carbon
Mountain and Katalla vicinity that were conveyed to Chugach Alaska
Corporation pursuant to the Alaska Native Claims Settlement Act. The
public shall be permitted use of the roads pursuant to the terms and
conditions contained in the 1982 Chugach Natives, Inc. Settlement
Agreement. The location of the easement is depicted on the map entitled
``Carbon Mountain Access Easement'' and dated November 4, 1997. Nothing
in this section waives any legal environmental requirement with respect
to the actual road construction.
(b) Construction and Maintenance.--Construction and maintenance of
any roads pursuant to subsection (a) shall be in accordance with the
best management practices of the Forest Service as promulgated in the
Forest Service Handbook.
(c) Settlement Agreement To Remain In Force.--Nothing in this
section shall be construed as impairing or diminishing any right
granted Chugach Alaska Corporation under the 1982 Chugach Natives, Inc.
Settlement Agreement.
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