[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5569 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5569
To provide for boundary adjustments and conveyances involving public
lands, to protect and enhance National Parks, National Forests, and
other public lands, to ensure the availability of water resources,
energy, and minerals, to improve wildlife conservation and oceans and
fisheries management, to address Native American and insular affairs,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2002
Mr. Hansen (for himself and Mr. Rahall) introduced the following bill;
which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To provide for boundary adjustments and conveyances involving public
lands, to protect and enhance National Parks, National Forests, and
other public lands, to ensure the availability of water resources,
energy, and minerals, to improve wildlife conservation and oceans and
fisheries management, to address Native American and insular affairs,
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 ``Comprehensive
Natural Resources Protection Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
DIVISION A--NATIONAL PARKS AND PUBLIC LANDS PROTECTION ENHANCEMENT
TITLE I--TRAILS
Sec. 1101. Revision of feasibility and suitability studies of existing
national historic trails.
Sec. 1102. El Camino Real De Los Tejas National Historic Trail.
Sec. 1103. Metacomet-Monadnock-Mattabesett Trail study.
Sec. 1104. Designation of George Rogers Clark Northwest Campaign Trail
for study for potential addition to the
national trails system.
Sec. 1105. Mississippi River Trail study.
TITLE II--STUDIES
Subtitle A--Cold War Study
Sec. 1201. Cold War study.
Sec. 1202. Interpretive handbook on the Cold War.
Sec. 1203. Authorization of appropriations.
Subtitle B--Waco Mammoth Site Study and Report
Sec. 1206. Study and report regarding Waco Mammoth Site area.
Sec. 1207. Submission of study results.
Subtitle C--Buffalo Bayou National Heritage Area Study
Sec. 1211. Short title.
Sec. 1212. National Park Service study regarding Buffalo Bayou, Texas.
Subtitle D--Virginia Key Beach Park Resource Study
Sec. 1216. Study and criteria.
Sec. 1217. Report.
Subtitle E--San Gabriel River Watersheds Study
Sec. 1221. Short title.
Sec. 1222. Authorization of study.
Sec. 1223. Report.
Subtitle F--Muscle Shoals National Heritage Area
Sec. 1226. Short title.
Sec. 1227. Study.
Sec. 1228. Boundaries of the study area.
Sec. 1229. Report.
Subtitle G--Golden Chain Highway
Sec. 1231. Study; report.
Subtitle H--Miami Circle Site Study
Sec. 1236. Findings and purposes.
Sec. 1237. Definitions.
Sec. 1238. Special resource study.
Subtitle I--Bainbridge Island
Sec. 1241. Short title; findings.
Sec. 1242. Eagledale Ferry Dock location at Taylor Avenue study and
report.
Subtitle J--Presidential Historic Site
Sec. 1246. Presidential historic site study.
Subtitle K--Southern Campaign of the Revolution Heritage Area Study
Sec. 1251. Short title.
Sec. 1252. Study.
Sec. 1253. Study area.
Sec. 1254. Report.
Subtitle L--St. Croix National Heritage Area Study
Sec. 1256. Short title.
Sec. 1257. Study.
Sec. 1258. Report.
Subtitle M--Wright Company Factory Study
Sec. 1260. Wright Company factory study.
Sec. 1261. Report.
Subtitle N--Peopling of America Theme Study
Sec. 1271. Findings and purposes.
Sec. 1272. Definitions.
Sec. 1273. National historic landmark theme study on the peopling of
America.
Sec. 1274. Cooperative agreements.
Sec. 1275. Authorization of appropriations.
TITLE III--BOUNDARY ADJUSTMENTS
Subtitle A--Homestead National Monument of America
Sec. 1301. Short title.
Sec. 1302. Definitions.
Sec. 1303. Additions to Homestead National Monument of America.
Sec. 1304. Cooperative agreements.
Subtitle B--National Park of American Samoa
Sec. 1305. Boundary adjustment of the National Park of American Samoa.
Subtitle C--Golden Gate National Recreation Area
Sec. 1306. Boundary adjustment.
Sec. 1306A. Golden Gate National Recreation Area Advisory Commission
and Manzanar National Historic Site
Advisory Commission.
Sec. 1306B. Authorization for park facilities to be located outside the
boundaries of Yosemite National Park.
Subtitle D--George Washington Birthplace National Monument
Sec. 1307. Addition to national monument.
Sec. 1308. Acquisition of lands.
Sec. 1309. Administration of national monument.
Subtitle E--Glen Canyon National Recreation Area
Sec. 1310. Boundary adjustment.
Subtitle F--John Muir National Historic Site
Sec. 1311. Boundary adjustment.
Subtitle G--Allegheny Portage Railroad National Historic Site
Sec. 1312. Definitions.
Sec. 1313. Revision of historic site boundaries.
Sec. 1314. Availability of map.
Sec. 1315. Administration of acquired lands.
Subtitle H--Andersonville National Historic Site
Sec. 1316. Boundary adjustment.
Subtitle I--Salt River Bay National Historical Park and Ecological
Preserve, St. Croix, U.S.V.I.
Sec. 1317. Boundary adjustment.
Subtitle J--Pu`uhonua O Honaunau National Historical Park
Sec. 1321. Boundary adjustment.
TITLE IV--MEMORIALS
Subtitle A--Memorial to Terrorism Victims
Sec. 1401. Authorization of memorial.
Sec. 1402. Advisory board.
Sec. 1403. Deposit of excess funds.
Subtitle B--Pyramid of Remembrance
Sec. 1421. Authority to establish memorial.
Sec. 1422. Funds for memorial.
TITLE V--DESIGNATIONS
Subtitle A--Kate Mullany National Historic Site
Sec. 1501. Short title; table of contents.
Sec. 1502. Definitions.
Sec. 1503. Findings and purposes.
Sec. 1504. Designation of Kate Mullany House as national historic site.
Sec. 1505. Management of the site.
Sec. 1506. Authorization of appropriations.
Subtitle B--Homestead Steel Works National Historic Site
Sec. 1511. Short title.
Sec. 1512. Findings, purposes, and definitions.
Sec. 1513. Homestead Steel Works National Historic Site.
Sec. 1514. Acquisition of property.
Sec. 1515. Administration.
Sec. 1516. General management plan.
Subtitle C--Oil Region National Heritage Area
Sec. 1521. Short title; definitions.
Sec. 1522. Findings and purpose.
Sec. 1523. Oil Region National Heritage Area.
Sec. 1524. Compact.
Sec. 1525. Authorities and duties of management entity.
Sec. 1526. Duties and authorities of the Secretary.
Sec. 1527. Duties of other Federal entities.
Sec. 1528. Sunset.
Sec. 1529. Use of Federal funds from other sources.
Sec. 1530. Authorization of appropriations.
Subtitle D--Moccasin Bend National Historic Site
Sec. 1541. Short title.
Sec. 1542. Definitions.
Sec. 1543. Establishment.
Sec. 1544. Administration.
Sec. 1545. Repeal of previous acquisition authority.
Subtitle E--San Rafael Western Frontier National Heritage Area
Sec. 1551. Short title.
Sec. 1552. Findings and purposes.
Sec. 1553. Definitions.
Sec. 1554. San Rafael Western Frontier National Heritage Area.
Sec. 1555. Local coordinating entity for National Heritage Area.
Sec. 1556. Preparation of heritage plan.
Sec. 1557. Implementation of heritage plan.
Sec. 1558. Duties and authorities of the Secretary and other Federal
agencies.
Sec. 1559. Lack of effect on land use regulations and private property.
Sec. 1560. Sunset.
Sec. 1561. Authorization of appropriations.
Subtitle F--Cedar Creek and Belle Grove National Historical Park
Sec. 1571. Short title.
Sec. 1572. Purpose.
Sec. 1573. Findings.
Sec. 1574. Definitions.
Sec. 1575. Establishment of Cedar Creek and Belle Grove National
Historical Park.
Sec. 1576. Acquisition of property.
Sec. 1577. Administration.
Sec. 1578. Management of Park.
Sec. 1579. Cedar Creek and Belle Grove National Historical Park
Advisory Commission.
Sec. 1580. Conservation of Cedar Creek and Belle Grove National
Historical Park.
Sec. 1581. Endowment.
Sec. 1582. Cooperative agreements.
Sec. 1583. Roles of key partner organizations.
Sec. 1584. Authorization of appropriations.
Subtitle G--Crossroads of the American Revolution National Heritage
Area
Sec. 1585. Short title.
Sec. 1586. Findings and purposes.
Sec. 1587. Definitions.
Sec. 1588. Crossroads of the American Revolution National Heritage
Area.
Sec. 1589. Authorities, prohibitions, and duties of the association.
Sec. 1590. Management plan.
Sec. 1591. Duties and authorities of the Secretary.
Sec. 1592. Duties of other Federal agencies.
Sec. 1593. Authorization of appropriations.
Sec. 1594. Sunset.
Subtitle H--National Aviation Heritage Area
Sec. 1595. Short title; findings; purpose; definitions.
Sec. 1596. National Aviation Heritage Area.
Sec. 1597. Authorities and duties of the management entity.
Sec. 1598. Management plan.
Sec. 1599. Duties and authorities of the Federal agencies.
Sec. 1599A. Coordination between the Secretary and the Secretary of
Defense and the Administrator of NASA.
Sec. 1599B. Authorization of appropriations.
Sec. 1599C. Sunset provision.
TITLE VI--LAND ACQUISITIONS, EXCHANGES, AND CONVEYANCES
Subtitle A--Desert Tortoise Habitat Conservation
Sec. 1600. Acquisition of certain property in Washington County, Utah.
Subtitle B--Property for Cumberland Gap National Historical Park
Sec. 1601. Short title.
Sec. 1602. Findings and purposes.
Sec. 1603. Land acquisition, Fern Lake, Cumberland Gap National
Historical Park.
Subtitle C--Sand Mountain Wilderness Study Area
Sec. 1611. Land conveyance, Sand Mountain Wilderness Study Area, Idaho.
Sec. 1612. Additional terms and conditions.
Subtitle D--Shooting Range in Nevada
Sec. 1621. Conveyance of property to Clark County, Nevada.
Subtitle E--McLoughlin House Preservation
Sec. 1631. Definitions.
Sec. 1632. Findings.
Sec. 1633. Boundary of Fort Vancouver National Historic Site.
Sec. 1634. Acquisition and administration.
Subtitle F--Red Rock Canyon National Conservation Area Protection and
Enhancement
Sec. 1641. Short title.
Sec. 1642. Definitions.
Sec. 1643. Findings and purposes.
Sec. 1644. Red Rock land exchange.
Sec. 1645. Status and management of lands.
Sec. 1646. General provisions.
Subtitle G--Federal-Utah State Trust Lands Consolidation
Sec. 1651. Short title.
Sec. 1652. Findings and purpose.
Sec. 1653. Ratification of the agreed exchange between the State of
Utah and the United States.
Sec. 1654. Conveyances.
Sec. 1655. Plant and wildlife species.
Sec. 1656. Mineral development.
Sec. 1657. Authorization.
Sec. 1658. Costs.
Subtitle H--World War I National Memorial, Mojave National Preserve
Sec. 1660. Land exchange, World War I National Memorial, Mojave
National Preserve.
Subtitle I--Conveyance of Historic Lighthouse
Sec. 1670. Conveyance of historic lighthouse.
Subtitle J--Wilcox Range Lands
Sec. 1680. Transfer of certain lands in Utah.
TITLE VII--TECHNICAL CORRECTIONS
Sec. 1701. Lackawanna Valley Heritage Area.
Sec. 1702. Hawaiian spelling errors.
Sec. 1703. ``I Have a Dream'' plaque at Lincoln Memorial.
Sec. 1704. Wild and scenic rivers and national trails.
Sec. 1705. Jamestown 400th Commemoration Commission.
Sec. 1706. Rosie the Riveter-World War II Home Front National
Historical Park.
Sec. 1707. Vicksburg Campaign Trail battlefields.
Sec. 1708. Harriet tubman special resource study.
Sec. 1709. Public land management agency foundations.
Sec. 1710. Popular names.
Sec. 1711. Park police indemnification.
TITLE VIII--MISCELLANEOUS
Sec. 1801. Decreased matching requirement for historic building
restoration and preservation at
historically Black colleges and
universities; authorization of
appropriations.
Sec. 1802. Increase in authorization for reserve.
Sec. 1803. Virgin River Dinosaur Footprint Preserve.
Sec. 1804. Yosemite National Park Education Improvement Act.
Sec. 1805. Designation of John L. Burton Trail.
Sec. 1806. Funds for recreational and visitor facilities in Washington
County, Utah.
Sec. 1807. New River Gorge National River boundary modifications.
Sec. 1808. University of Utah Museum of Natural History.
Sec. 1809. Lower Connecticut River Partnership Act.
Sec. 1810. Spirit Lake.
Sec. 1811. Civil War Battlefield Preservation Act.
Sec. 1812. BLM reauthorization.
Sec. 1813. Union Pacific Big Boy Relocation.
DIVISION B--FORESTS AND FOREST HEALTH
TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE
Sec. 2101. Findings; purpose.
Sec. 2102. Definitions.
Sec. 2103. Montezuma Castle land exchange.
Sec. 2104. Diamond Point--Q Ranch land exchange.
Sec. 2105. Miscellaneous provisions.
TITLE II--OTHER LAND CONVEYANCES
Sec. 2201. Land conveyance and special use agreement, Five Mile
Regional Learning Center, California.
Sec. 2202. Land exchange, Los Padres National Forest, California.
Sec. 2203. County right-of-way to West Butte Road in the State of
Oregon.
Sec. 2204. Land conveyance, Faraway Ranch, Mendocino National Forest,
California.
Sec. 2205. Conveyance of real property, Dixie National Forest, Utah.
Sec. 2206. Electricity transmission line right-of-way, Cleveland
National Forest.
Sec. 2207. Land exchange, San Isabel National Forest, Colorado.
TITLE III--WILDERNESS AREAS
Sec. 2301. Operation and maintenance of certain water impoundment
structures in the Emigrant Wilderness,
Stanislaus National Forest, California.
Sec. 2302. Mount Nebo Wilderness boundary adjustment.
Sec. 2303. Boundary adjustments, Mount Naomi Wilderness.
Sec. 2304. Wilderness designation, Caribbean National Forest, Puerto
Rico.
TITLE IV--DESIGNATIONS
Sec. 2401. Gunn Mckay Nature Preserve.
Sec. 2402. James V. Hansen Shoshone National Trail.
TITLE V--MISCELLANEOUS
Sec. 2501. Costs of reviews for conveyances under Education Land Grant
Act.
Sec. 2502. Wild and scenic river designations, Caribbean National
Forest, Puerto Rico.
DIVISION C--ENSURING WATER RESOURCES FOR THE FUTURE
TITLE I--CONVEYANCES
Subtitle A--Fremont-Madison Irrigation Facilities Conveyance
Sec. 3001. Short title.
Sec. 3002. Conveyance of facilities.
Sec. 3003. Costs.
Sec. 3004. Teton Exchange Wells.
Sec. 3005. National Environmental Policy Act of 1969.
Sec. 3006. Liability.
Sec. 3007. Water supply to district lands.
Sec. 3008. Existing rights not affected.
Sec. 3009. Definitions.
Subtitle B--Humboldt Project Conveyance, Pershing County, Nevada
Sec. 3021. Short title.
Sec. 3022. Definitions.
Sec. 3023. Authority to convey title.
Sec. 3024. Payment.
Sec. 3025. Compliance with other laws.
Sec. 3026. Revocation of withdrawals.
Sec. 3027. Liability.
Sec. 3028. National Environmental Policy Act of 1969.
Sec. 3029. Future benefits.
Subtitle C--Elephant Butte, New Mexico, Property Conveyance
Sec. 3031. Short title.
Sec. 3032. Findings.
Sec. 3033. Definitions.
Sec. 3034. Conveyance of Properties.
Sec. 3035. Terms of conveyance.
Sec. 3036. Resolution of claims and disputes.
Sec. 3037. Federal reclamation law.
Subtitle D--Miscellaneous
Sec. 3041. Conveyance to the City of Fallon, Nevada.
Sec. 3042. Land conveyance, Tupelo, Oklahoma.
TITLE II--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM
Sec. 3201. Short title.
Sec. 3202. Purposes.
Sec. 3203. Definitions.
Sec. 3204. Jicarilla Apache Reservation rural water system.
Sec. 3205. General authority.
Sec. 3206. Project requirements.
Sec. 3207. Authorization of appropriations.
Sec. 3208. Prohibition on use of funds for irrigation purposes.
Sec. 3209. Water rights.
TITLE III--UPPER MISSISSIPPI RIVER BASIN PROTECTION
Sec. 3301. Short title.
Sec. 3302. Definitions.
Sec. 3303. Reliance on sound science.
Subtitle A--Sediment and Nutrient Monitoring Network
Sec. 3311. Establishment of monitoring network.
Sec. 3312. Data collection and storage responsibilities.
Sec. 3313. Relationship to existing sediment and nutrient monitoring.
Sec. 3314. Collaboration with other public and private monitoring
efforts.
Sec. 3315. Cost share requirements.
Sec. 3316. Reporting requirements.
Sec. 3317. National Research Council assessment.
Subtitle B--Computer Modeling and Research
Sec. 3321. Computer modeling and research of sediment and nutrient
sources.
Sec. 3322. Use of electronic means to distribute
information.
Sec. 3323. Reporting requirements.
Subtitle C--Authorization of Appropriations
Sec. 3331. Authorization of appropriations.
TITLE IV--ROCKY BOY'S RESERVATION RURAL WATER SYSTEM
Sec. 3401. Short title.
Sec. 3402. Findings and purposes.
Sec. 3403. Definitions.
Sec. 3404. Rocky Boy's Reservation rural water system.
Sec. 3405. Noncore system.
Sec. 3406. Limitation on availability of construction funds.
Sec. 3407. Interconnection charges.
Sec. 3408. Nondiminishment of Tiber Reservoir allocation to the Tribe.
Sec. 3409. Use of Pick-Sloan power.
Sec. 3410. Water conservation plan.
Sec. 3411. Water rights.
Sec. 3412. Authorization of appropriations.
TITLE V--KLAMATH BASIN AUTHORIZATIONS
Sec. 3501. Short title.
Sec. 3502. Qualified Klamath Project entity defined.
Sec. 3503. Refund and waiver of assessments and charges for operation
and maintenance of Klamath Project.
Sec. 3504. Authorization of appropriations.
Sec. 3505. No supplemental or additional benefit.
TITLE VI--CENTRAL UTAH PROJECT AMENDMENTS
Sec. 3601. Amendments to the Central Utah Project Completion Act.
Sec. 3602. Use of project facilities for nonproject water.
TITLE VII--BUREAU OF RECLAMATION RECREATION PROJECTS
Sec. 3701. Short title.
Sec. 3702. Amendments to the Federal Water Project Recreation Act.
Sec. 3703. Recreational facilities at Lost Creek Reservoir.
Sec. 3704. Technical correction.
Sec. 3705. Authorization of Austin, Texas, wastewater reclamation and
reuse project.
Sec. 3706. Willard Bay Reservoir enlargement study.
Sec. 3707. Reauthorization of Water Desalination Act of 1996.
TITLE VIII--MISCELLANEOUS
Sec. 3801. Mni Wiconi rural water supply project, South Dakota.
Sec. 3802. Comprehensive study of the Rathdrum Prairie/Spokane Valley
aquifer.
Sec. 3803. Lower Rio Grande Valley water resources conservation and
improvement.
Sec. 3804. Authorization of Lakehaven, Washington, wastewater
reclamation and reuse project.
Sec. 3805. Tom Green County water control and improvement district no.
1; repayment period extended.
Sec. 3806. Santee Sioux Tribe, Nebraska, water system study.
Sec. 3807. Upper Colorado River fish recovery.
Sec. 3808. Increase in Federal share of San Gabriel Basin demonstration
project.
DIVISION D--ENERGY AND MINERALS
Sec. 4101. Repeal of reservation of mineral rights, Livingston Parish,
Louisiana.
Sec. 4102. Use of receipts from mineral leasing activities on certain
naval oil shale reserves.
Sec. 4103. Treatment of Abandoned Mine Reclamation Fund interest.
Sec. 4104. Sense of Congress regarding full appropriation of the State
and tribal shares of the Abandoned Mine
Reclamation Fund.
DIVISION E--WILDLIFE CONSERVATION AND SOUND OCEANS FISHERY MANAGEMENT
TITLE I--MARINE FISHERIES CONSERVATION AND MANAGEMENT.
Subtitle A--Pacific Salmon Habitat Restoration Grants
Sec. 5001. Short title.
Sec. 5002. Salmon conservation and salmon habitat restoration
assistance.
Sec. 5003. Receipt and use of assistance.
Sec. 5004. Public participation.
Sec. 5005. Consultation not required.
Sec. 5006. Reports.
Sec. 5007. Definitions.
Sec. 5008. Report regarding treatment of international fishery
commission pensioners.
Sec. 5009. Authorization of appropriations.
Sec. 5010. Sense of the Congress; requirement regarding notice.
Sec. 5011. Sense of the Congress regarding bipartisan July 2000 goals.
Sec. 5012. Report on effects on Pacific salmon stocks of certain timber
harvesting in Canada.
Subtitle B--Various Fisheries Conservation Reauthorizations
Sec. 5021. Short title.
Sec. 5022. Reauthorization and amendment of the Interjurisdictional
Fisheries Act of 1986.
Sec. 5023. Reauthorization and amendment of the Anadromous Fish
Conservation Act.
Sec. 5024. Reauthorization and amendment of the Atlantic Striped Bass
Conservation Act.
Sec. 5025. Reauthorization and amendment of the Atlantic Coastal
Fisheries Cooperative Management Act.
Sec. 5026. Reauthorization of the Atlantic Tunas Convention Act of
1975.
Sec. 5027. Reauthorization of the Northwest Atlantic Fisheries
Convention Act of 1995.
Sec. 5028. Extension of deadline.
TITLE II--NATIONAL SEA GRANT COLLEGE PROGRAM
Sec. 5201. Short title.
Sec. 5202. Amendments to findings.
Sec. 5203. Requirements applicable to National Sea Grant College
Program.
Sec. 5204. Cost share.
Sec. 5205. Fellowships.
Sec. 5206. Terms of membership for Sea Grant Review Panel.
Sec. 5207. Authorization of appropriations.
Sec. 5208. Annual report on progress in becoming designated as sea
grant colleges and sea grant institutes.
Sec. 5209. Coordination.
TITLE III--NOAA COMMISSIONED OFFICER CORPS
Sec. 5300. Short title.
Subtitle A--General Provisions
Sec. 5301. Commissioned officer corps.
Sec. 5302. Definitions.
Sec. 5303. Authorized number on the active list.
Sec. 5304. Strength and distribution in grade.
Sec. 5305. Authorized number for fiscal years 2003 through 2008.
Subtitle B--Appointment and Promotion of Officers
Sec. 5311. Original appointments.
Sec. 5312. Personnel boards.
Sec. 5313. Promotion of ensigns to grade of lieutenant (junior grade).
Sec. 5314. Promotion by selection to permanent grades above lieutenant
(junior grade).
Sec. 5315. Length of service for promotion purposes.
Sec. 5316. Appointments and promotions to permanent grades.
Sec. 5317. General qualification of officers for promotion to higher
permanent grade.
Sec. 5318. Positions of importance and responsibility.
Sec. 5319. Temporary appointments and promotions generally.
Sec. 5320. Temporary appointment or advancement of commissioned
officers in time of war or national
emergency.
Sec. 5321. Pay and allowances; date of acceptance of promotion.
Sec. 5322. Service credit as deck officer or junior engineer for
promotion purposes.
Sec. 5323. Suspension during war or emergency.
Subtitle C--Separation and Retirement of Officers
Sec. 5331. Involuntary retirement or separation.
Sec. 5332. Separation pay.
Sec. 5333. Mandatory retirement for age.
Sec. 5334. Retirement for length of service.
Sec. 5335. Computation of retired pay.
Sec. 5336. Retired grade and retired pay.
Sec. 5337. Retired rank and pay held pursuant to other laws unaffected.
Sec. 5338. Continuation on active duty; deferral of retirement.
Sec. 5339. Recall to active duty.
Subtitle D--Service of Officers With the Military Departments
Sec. 5341. Cooperation with and transfer to military departments.
Sec. 5342. Relative rank of officers when serving with Army, Navy, or
Air Force.
Sec. 5343. Rules and regulations when cooperating with military
departments.
Subtitle E--Rights and Benefits
Sec. 5351. Applicability of certain provisions of title 10, United
States Code.
Sec. 5352. Eligibility for veterans benefits and other rights,
privileges, immunities, and benefits under
certain provisions of law.
Sec. 5353. Medical and dental care.
Sec. 5354. Commissary privileges.
Sec. 5355. Authority to use appropriated funds for transportation and
reimbursement of certain items.
Sec. 5356. Presentation of United States flag upon retirement.
Subtitle F--Repeals and Conforming Amendments
Sec. 5361. Repeals.
Sec. 5362. Conforming amendments.
TITLE IV--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
Sec. 5421. Short title; references.
Sec. 5422. Definitions.
Sec. 5423. Functions of Administrator.
Sec. 5424. Quality assurance program.
Sec. 5425. Hydrographic Services Review Panel.
Sec. 5426. Plan regarding photogrammetry and remote sensing.
Sec. 5427. Authorization of appropriations.
TITLE V--FISH AND WILDLIFE CONSERVATION
Subtitle A--Bear River Migratory Bird Refuge Education and
Administrative Center
Sec. 5501. Short title.
Sec. 5502. Findings.
Sec. 5503. Definitions.
Sec. 5504. Authorization of construction of the education center.
Sec. 5505. Matching contributions requirements.
Subtitle B--North American Wetlands Conservation Reauthorization Act
Sec. 5521. Short title.
Sec. 5522. Amendment of North American Wetlands Conservation Act.
Sec. 5523. Findings and statement of purpose.
Sec. 5524. Definition of wetlands conservation project.
Sec. 5525. Reauthorization.
Sec. 5526. Allocation.
Sec. 5527. Clarification of non-Federal share of the cost of approved
wetlands conservation projects.
Sec. 5528. Technical corrections.
Subtitle C--Bear River Migratory Bird Refuge Claims Settlement
Sec. 5531. Short title.
Sec. 5532. Findings.
Sec. 5533. Definitions.
Sec. 5534. Required terms of land claims settlement, Bear River
Migratory Bird Refuge, Utah.
Subtitle D--Nutria Eradication or Control
Sec. 5541. Findings and purposes.
Sec. 5542. Nutria eradication program.
Sec. 5543. Report.
Subtitle E--Expansion of Ottawa National Wildlife Refuge Complex and
Detroit River International Wildlife Refuge
Sec. 5561. Short title.
Sec. 5562. Findings.
Sec. 5563. Definitions.
Sec. 5564. Expansion of boundaries.
Sec. 5565. Acquisition and transfer of lands for Refuge Complex.
Sec. 5566. Administration of Refuge Complex.
Sec. 5567. Study of associated area.
Sec. 5568. Authorization of appropriations.
Subtitle F--Blackwater National Wildlife Refuge Expansion
Sec. 5561. Short title.
Sec. 5562. Findings.
Sec. 5563. Authority to acquire property for inclusion in the
Susquehanna National Wildlife Refuge.
TITLE VI--MISCELLANEOUS
Sec. 5601. Chesapeake Bay Office.
Sec. 5602. Leases, permits, and contracts for buildings, facilities,
and properties in the National Wildlife
Refuge System.
Sec. 5603. Extension of authority of States of Washington, Oregon, and
California to manage dungeness crab
fishery.
Sec. 5604. Reauthorization of Connecticut River Atlantic Salmon
Commission.
Sec. 5605. Conveyance of NOAA laboratory in Tiburon, California.
DIVISION F--NATIVE AMERICAN AND INSULAR AFFAIRS
TITLE I--PROVISIONS RELATING TO TERRITORIES OF THE UNITED STATES
Subtitle A--Guam War Claims Review Commission
Sec. 6101. Short title.
Sec. 6102. Establishment of commission.
Sec. 6103. Employees.
Sec. 6104. Administrative.
Sec. 6105. Duties of commission.
Sec. 6106. powers of the commission.
Sec. 6107. Termination of commission.
Sec. 6108. Authorization of appropriations.
Subtitle B--Samoa Bonds
Sec. 6121. Clarification of tax treatment of bonds and other
obligations issued by government of
American Samoa.
Sec. 6122. Effective date.
Subtitle C--Grants to Territories of the United States
Sec. 6131. Waiver of local matching requirements.
TITLE II--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION
Sec. 6201. Short title.
Sec. 6202. Findings.
Sec. 6203. Definitions.
Sec. 6204. Yankton Sioux Tribe Development Trust Fund.
Sec. 6205. Santee Sioux Tribe Development Trust Fund.
Sec. 6206. Tribal plans.
Sec. 6207. Eligibility of tribe for certain programs and services.
Sec. 6208. Statutory construction.
Sec. 6209. Authorization of appropriations.
Sec. 6210. Extinguishment of claims.
TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM
Sec. 6301. Oklahoma Native American Cultural Center and Museum.
TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA
Sec. 6401. Transmission of power from Indian lands in Oklahoma.
TITLE V--RUSSIAN RIVER LANDS
Sec. 6501. Short title.
Sec. 6502. Findings and purposes.
Sec. 6503. Ratification of agreement between the United States Forest
Service, United States Fish and Wildlife
Service, and Cook Inlet Region, Inc.
Sec. 6504. Authorization of appropriation.
TITLE VI--PECHANGA TRIBE
Sec. 6601. Land of Pechanga Band of Luiseno Mission Indians.
TITLE VII--CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT
ACT
Sec. 6701. Short title.
Sec. 6702. Findings.
Sec. 6703. Purposes.
Sec. 6704. Definitions.
Sec. 6705. Settlement and claims; appropriations; allocation of funds.
Sec. 6706. Tribal trust funds.
Sec. 6707. Attorney fees.
TITLE VIII--SEMINOLE TRIBE
Sec. 6801. Approval not required to validate certain land transactions.
TITLE IX--PROVISIONS RELATING TO LEASING OF INDIAN LANDS
Sec. 6901. Yurok tribe and hopland band included in long term leasing.
Sec. 6902. Restriction on relinquishment of lease.
TITLE X--HAWAIIAN HOMES COMMISSION
Sec. 6905. Consent to amendments.
DIVISION G--MISCELLANEOUS
TITLE I--FULL PILT FUNDING
Sec. 7101. Short title.
Sec. 7102. Permanent funding for PILT and refuge revenue sharing.
TITLE II--HARMFUL INVASIVE WEED CONTROL
Sec. 7201. Short title.
Sec. 7202. Findings and purposes.
Sec. 7203. Definitions.
Sec. 7204. Establishment of program.
Sec. 7205. Allocation of funds to States and Indian tribes.
Sec. 7206. Use of funds allocated to States.
Sec. 7207. Use of funds allocated to Indian tribes.
Sec. 7208. Funding recommendations.
Sec. 7209. Land-related conditions.
Sec. 7210. Applicability of other laws.
Sec. 7211. Relationship to other programs.
Sec. 7212. Authorization of appropriations.
TITLE III--PARK PASSES FOR FAMILIES OF 9/11 VICTIMS
Sec. 7301. Short title.
Sec. 7302. Findings and purpose.
Sec. 7303. Hope pass.
TITLE IV--CONTROL OF HARMFUL NONNATIVE SPECIES ON FEDERAL LANDS
Sec. 7401. Short title.
Sec. 7402. Purpose.
Sec. 7403. Definitions.
Sec. 7404. Aldo Leopold native heritage grant program.
Sec. 7405. Creation of a rapid response capability to harmful nonnative
species.
Sec. 7406. Relationship to other authorities.
Sec. 7407. Authorization of appropriations.
TITLE V--GATEWAY COMMUNITIES
Sec. 7501. Short title.
Sec. 7502. Improved relationship between Federal land managers and
gateway communities to support compatible
land management of both Federal and
adjacent lands.
TITLE VI--CLARIFICATION OF FAIR MARKET RENTAL VALUE DETERMINATIONS FOR
PUBLIC LANDS AND FOREST SERVICE RIGHTS-OF-WAY
Sec. 7601. Clarification of fair market rental value determinations for
public lands and Forest Service rights-of-
way.
TITLE VII--INCREASE IN PENALTIES FOR VIOLATING FIRE REGULATIONS
Sec. 7701. Penalties for violation of public land fire regulations
resulting in property damage.
TITLE VIII--USE OF FINES IMPOSED FOR VIOLATION OF FIRE RULES
Sec. 7801. Use of collected fines.
DIVISION A--NATIONAL PARKS AND PUBLIC LANDS PROTECTION ENHANCEMENT
TITLE I--TRAILS
SEC. 1101. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING
NATIONAL HISTORIC TRAILS.
The National Trails System Act is amended by inserting after
section 5 (16 U.S.C. 1244) the following new section:
``SEC. 5A. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING
TRAILS FOR POSSIBLE TRAIL EXPANSION.
``(a) In General.--
``(1) Definitions.--In this section:
``(A) Route.--The term `route' includes a trail
segment commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means
a route that was a segment of more than one historic
trail, including a route shared with an existing
national historic trail.
``(2) Study requirements and objectives.--The study
requirements and objectives specified in section 5(b) shall
apply to a study required by this section. The study shall also
assess the effect that designation of the studied route as a
component of an existing national scenic trail or national
historic trail may have on private property along the proposed
route.
``(3) Completion and submission of study.--A study listed
in this section shall be completed and submitted to the
Congress not later than three complete fiscal years from the
date of the enactment of this section, or from the date of the
enactment of the addition of the study to this section,
whichever is later.
``(4) Implementation of study results.--Upon completion of
a study required by this section, if the Secretary conducting
the study determines that a studied route is a feasible and
suitable addition to the existing national scenic trail or
national historic trail that was the subject of the study, the
Secretary shall designate the route as a component of that
national scenic trail or national historic trail. The Secretary
shall publish notice of the designation in the Federal
Register.
``(b) Oregon National Historic Trail.--
``(1) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Oregon Trail listed in
paragraph (2) and generally depicted on the map entitled
`Western Emigrant Trails 1830/1870' and dated 1991/1993, and of
such shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of one
or more of the routes as components of the Oregon National
Historic Trail.
``(2) Covered routes.--The routes to be studied under
paragraph (1) are the following:
``(A) Whitman Mission route.
``(B) Upper Columbia River.
``(C) Cowlitz River route.
``(D) Meek cutoff.
``(E) Free Emigrant Road.
``(F) North Alternate Oregon Trail.
``(G) Goodale's cutoff.
``(H) North Side alternate route.
``(I) Cutoff to Barlow Road.
``(J) Naches Pass Trail.
``(c) Pony Express National Historic Trail.--The Secretary of the
Interior shall undertake a study of the approximately 20-mile southern
alternative route of the Pony Express Trail from Wathena, Kansas, to
Troy, Kansas, and such shared routes that the Secretary considers
appropriate, to determine the feasibility and suitability of
designation of one or more of the routes as components of the Pony
Express National Historic Trail.
``(d) California National Historic Trail.--
``(1) Study required.--The Secretary of the Interior shall
undertake a study of the Missouri Valley, central, and western
routes of the California Trail listed in paragraph (2) and
generally depicted on the map entitled `Western Emigrant Trails
1830/1870' and dated 1991/1993, and of such shared Missouri
Valley, central, and western routes that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of one or more of the routes as
components of the California National Historic Trail.
``(2) Covered routes.--The routes to be studied under
paragraph (1) are the following:
``(A) Missouri valley routes.--
``(i) Blue Mills-Independence Road.
``(ii) Westport Landing Road.
``(iii) Westport-Lawrence Road.
``(iv) Fort Leavenworth-Blue River route.
``(v) Road to Amazonia.
``(vi) Union Ferry Route.
``(vii) Old Wyoming-Nebraska City cutoff.
``(viii) Lower Plattsmouth Route.
``(ix) Lower Bellevue Route.
``(x) Woodbury cutoff.
``(xi) Blue Ridge cutoff.
``(xii) Westport Road.
``(xiii) Gum Springs-Fort Leavenworth
route.
``(xiv) Atchison/Independence Creek routes.
``(xv) Fort Leavenworth-Kansas River route.
``(xvi) Nebraska City cutoff routes.
``(xvii) Minersville-Nebraska City Road.
``(xviii) Upper Plattsmouth route.
``(xix) Upper Bellevue route.
``(B) Central routes.--
``(i) Cherokee Trail, including splits.
``(ii) Weber Canyon route of Hastings
cutoff.
``(iii) Bishop Creek cutoff.
``(iv) McAuley cutoff.
``(v) Diamond Springs cutoff.
``(vi) Secret Pass.
``(vii) Greenhorn cutoff.
``(viii) Central Overland Trail.
``(C) Western routes.--
``(i) Bidwell-Bartleson route.
``(ii) Georgetown/Dagget Pass Trail.
``(iii) Big Trees Road.
``(iv) Grizzly Flat cutoff.
``(v) Nevada City Road.
``(vi) Yreka Trail.
``(vii) Henness Pass route.
``(viii) Johnson cutoff.
``(ix) Luther Pass Trail.
``(x) Volcano Road.
``(xi) Sacramento-Coloma Wagon Road.
``(xii) Burnett cutoff.
``(xiii) Placer County Road to Auburn.
``(e) Mormon Pioneer National Historic Trail.--
``(1) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Morman Pioneer Trail
listed in paragraph (2) and generally depicted on the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and of such shared routes that the Secretary considers
appropriate, to determine the feasibility and suitability of
designation of one or more of the routes as components of the
Mormon Pioneer National Historic Trail.
``(2) Covered routes.--The routes to be studied under
paragraph (1) are the following:
``(A) 1846 Subsequent routes A and B (Lucas and
Clarke Counties, Iowa).
``(B) 1856-57 Handcart route (Iowa City to Council
Bluffs)
``(C) Keokuk route (Iowa).
``(D) 1847 Alternative Elkhorn and Loup River
Crossings in Nebraska.
``(E) Fort Leavenworth Road; Ox Bow route and
alternates in Kansas and Missouri (Oregon and
California Trail routes used by Mormon emigrants).
``(F) 1850 Golden Pass Road in Utah.
``(f) Shared California and Oregon Trail Routes.--
``(1) Study required.--The Secretary of the Interior shall
undertake a study of the shared routes of the California Trail
and Oregon Trail listed in paragraph (2) and generally depicted
on the map entitled `Western Emigrant Trails 1830/1870' and
dated 1991/1993, and of such other shared routes that the
Secretary considers appropriate, to determine the feasibility
and suitability of designation of one or more of the routes as
shared components of the California National Historic Trail and
the Oregon National Historic Trail.
``(2) Covered routes.--The routes to be studied under
paragraph (1) are the following:
``(A) St. Joe Road.
``(B) Council Bluffs Road.
``(C) Sublette cutoff.
``(D) Applegate route.
``(E) Old Fort Kearny Road (Oxbow Trail).
``(F) Childs cutoff.
``(G) Raft River to Applegate.''.
SEC. 1102. EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL.
(a) Short Title.--This section may be cited as the ``El Camino Real
de los Tejas National Historic Trail Act of 2002''.
(b) Findings.
Congress finds that--
(1) El Camino Real de los Tejas (the Royal Road to the
Tejas), served as the primary route between the Spanish
viceregal capital of Mexico City and the Spanish provincial
capital of Tejas at Los Adaes (1721-1773) and San Antonio
(1773-1821);
(2) the seventeenth, eighteenth, and early nineteenth
century rivalries among the European colonial powers of Spain,
France, and England and after their independence, Mexico and
the United States, for dominion over lands fronting the Gulf of
Mexico, were played out along the evolving travel routes in
this immense area;
(3) the future of several American Indian nations, whose
prehistoric trails were later used by the Spaniards for
exploration and colonization, was tied to these larger forces
and events and the nations were fully involved in and affected
by the complex cultural interactions that ensued;
(4) the Old San Antonio Road was a series of routes
established in the early 19th century sharing the same corridor
and some routes of El Camino Real, and carried American
immigrants from the east, contributing to the formation of the
Republic of Texas, and its annexation to the United States;
(5) the exploration, conquest, colonization, settlement,
migration, military occupation, religious conversion, and
cultural exchange that occurred in a large area of the
borderland was facilitated by El Camino Real de los Tejas as it
carried Spanish and Mexican influences northeastward, and by
its successor, the Old San Antonio Road, which carried American
influence westward, during a historic period which extended
from 1689 to 1850; and
(6) the portions of El Camino Real de los Tejas in what is
now the United States extended from the Rio Grande near Eagle
Pass and Laredo, Texas and involved routes that changed through
time, that total almost 2,600 miles in combined length,
generally coursing northeasterly through San Antonio, Bastrop,
Nacogdoches, and San Augustine in Texas to Natchitoches,
Louisiana, a general corridor distance of 550 miles.
(c) Authorization and Administration.--Section 5(a) of the National
Trails System Act (16 U.S.C. 1244(a) is amended as follows:
(1) By designating the paragraph relating to the Ala
Kahakai National Historic Trail as paragraph (21).
(2) By adding at the end the following:
``(23) El camino real de los tejas.--
``(A) In general.--El Camino Real de los Tejas (The
Royal Road to the Tejas) National Historic Trail, a
combination of routes totaling 2,580 miles in length
from the Rio Grande near Eagle Pass and Laredo, Texas
to Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated July 1998. A map generally
depicting the trail shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior.
``(B) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and non-governmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the Government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.''.
(d) Private Property Rights Protection.--Designation of El Camino
Real de los Tejas under this section does not itself confer any
additional authority to apply other existing Federal laws and
regulations on non-Federal lands along the trail. Laws or regulations
requiring public entities and agencies to take into consideration a
national historic trail shall continue to apply notwithstanding the
foregoing. On non-Federal lands, the national historic trail shall be
established only when landowners voluntarily request certification of
their sites and segments of the trail consistent with section 3(a)(3)
of the National Trails System Act. Notwithstanding section 7(g) of such
Act, the United States is authorized to acquire privately-owned real
property or an interest in such property for purposes of the trail only
with the willing consent of the owner of such property and shall have
no authority to condemn or otherwise appropriate privately-owned real
property or an interest in such property for the purposes of El Camino
Real de los Tejas National Historic Trail.
SEC. 1103. METACOMET-MONADNOCK-MATTABESETT TRAIL STUDY.
(a) Short Title.--This section may be cited as the ``Metacomet-
Monadnock-Mattabesett Trail Study Act of 2002''.
(b) Designation of Metacomet-Monadnock-Mattabesett Trail for Study
for Potential Addition to the National Trails System.--Section 5(c) of
the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding
at the end the following new paragraph:
``(____) Metacomet-Monadnock-Mattabesett Trail.--The Metacomet-
Monadnock-Mattabesett Trail, a system of trails and potential trails
extending southward approximately 180 miles through western
Massachusetts on the Metacomet-Monadnock Trail, across central
Connecticut on the Metacomet Trail and the Mattabesett Trail, and
ending at Long Island Sound.''.
(c) Expedited Report to Congress.--Notwithstanding the fourth
sentence of section 5(b) of the National Trails System Act (16 U.S.C.
1244(b)), the Secretary of the Interior shall submit the study required
by the amendment made by subsection (b) to Congress not later than 2
years after the date of the enactment of this Act.
SEC. 1104. DESIGNATION OF GEORGE ROGERS CLARK NORTHWEST CAMPAIGN TRAIL
FOR STUDY FOR POTENTIAL ADDITION TO THE NATIONAL TRAILS
SYSTEM.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new paragraph:
``(____) George Rogers Clark Northwest Campaign Trail.--The George
Rogers Clark Northwest Campaign Trail, tracing the water route and
overland route of the 1778 and 1779 expedition of Lieutenant Colonel
George Rogers Clark and his Virginia militia against the British in
which he captured the British forts at Kaskaskia and Cahokia, in what
is now Illinois, and twice captured Vincennes, in what is now
Indiana.''.
SEC. 1105. MISSISSIPPI RIVER TRAIL STUDY.
(a) Short Title.--This section may be cited as the ``Mississippi
River Trail Study Act of 2002''.
(b) Designation of Route of the Mississippi River for Study for
Potential Addition to the National Trails System.--
(1) Designation.--Section 5(c) of the national trails
system act (16 U.S.C. 1244(c)) is amended by adding at the end
the following new paragraph:
``(____) Mississippi River Trail.--The route of the Mississippi
River from its headwaters in the State of Minnesota to the Gulf of
Mexico.''.
(2) Relation to other studies.--The study required by the
amendment made by this subsection is intended to compliment,
and not duplicate, other studies of the scenic or historical
importance of the Mississippi River that may be underway or
undertaken.
TITLE II--STUDIES
Subtitle A--Cold War Study
SEC. 1201. COLD WAR STUDY.
(a) Subject of Study.--The Secretary of the Interior, in
consultation with the Secretary of Defense, State historic preservation
offices, State and local officials, Cold War scholars, and other
interested organizations and individuals, shall conduct a National
Historic Landmark theme study to identify sites and resources in the
United States that are significant to the Cold War. In conducting the
study, the Secretary of the Interior shall--
(1) consider the inventory of sites and resources
associated with the Cold War completed by the Secretary of
Defense pursuant to section 8120(b)(9) of the Department of
Defense Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
1906);
(2) consider historical studies and research of Cold War
sites and resources such as intercontinental ballistic
missiles, flight training centers, manufacturing facilities,
communications and command centers (such as Cheyenne Mountain,
Colorado), defensive radar networks (such as the Distant Early
Warning Line), and strategic and tactical aircraft; and
(3) inventory and consider nonmilitary sites and resources
associated with the people, events, and social aspects of the
Cold War.
(b) Contents.--The study shall include--
(1) recommendations for commemorating and interpreting
sites and resources identified by the study, including--
(A) sites for which studies for potential inclusion
in the National Park System should be authorized;
(B) sites for which new national historic landmarks
should be nominated;
(C) recommendations on the suitability and
feasibility of establishing a central repository for
Cold War artifacts and information; and
(D) other appropriate designations;
(2) recommendations for cooperative arrangements with State
and local governments, local historical organizations, and
other entities; and
(3) cost estimates for carrying out each of those
recommendations.
(c) Guidelines.--The study shall be--
(1) conducted with public involvement; and
(2) submitted to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate no later than 3 years after the date
that funds are made available for the study.
SEC. 1202. INTERPRETIVE HANDBOOK ON THE COLD WAR.
Not later than 4 years after funds are made available for that
purpose, the Secretary of the Interior shall prepare and publish an
interpretive handbook on the Cold War and shall disseminate information
gathered through the study through appropriate means in addition to the
handbook.
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $300,000 to carry out this
subtilte.
Subtitle B--Waco Mammoth Site Study and Report
SEC. 1206. STUDY AND REPORT REGARDING WACO MAMMOTH SITE AREA.
(a) Study.--The Secretary of the Interior, in consultation with the
State of Texas, the city of Waco, and other appropriate organizations,
shall carry out a special resource study regarding the national
significance, suitability, and feasibility of designating the Waco
Mammoth Site Area located in the city of Waco, Texas, as a unit of the
National Park System.
(b) Study Process and Completion.--Section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and completion of
the study required by this section.
SEC. 1207. SUBMISSION OF STUDY RESULTS.
Not later than 3 years after funds are first made available for
this subtitle, 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 describing the results of the study.
Subtitle C--Buffalo Bayou National Heritage Area Study
SEC. 1211. SHORT TITLE.
This subtitle may be cited as the ``Buffalo Bayou National Heritage
Area Study Act''.
SEC. 1212. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO BAYOU, TEXAS.
(a) Findings.--The Congress finds the following:
(1) The area beginning at Shepherd Drive in west Houston,
Texas, and extending to the Turning Basin, commonly referred to
as the ``Buffalo Bayou'', made a unique contribution to the
cultural, political, and industrial development of the United
States.
(2) The Buffalo Bayou is distinctive as the first spine of
modern industrial development in Texas and one of the first
along the Gulf of Mexico coast.
(3) The Buffalo Bayou played a significant role in the
struggle for Texas independence.
(4) The Buffalo Bayou developed a prosperous and productive
shipping industry that survives today.
(5) The Buffalo Bayou led in the development of Texas'
petrochemical industry that made Houston the center of the
early oil boom in America.
(6) The Buffalo Bayou developed a sophisticated shipping
system, leading to the formation of the modern day Houston Ship
Channel.
(7) The Buffalo Bayou developed a significant industrial
base, and served as the focal point for the new city of
Houston.
(8) There is a longstanding commitment by the Buffalo Bayou
Partnership, Inc., to complete the Buffalo Bayou Trail along
the 12-mile segment of the Buffalo Bayou.
(9) There is a need for assistance for the preservation and
promotion of the significance of the Buffalo Bayou as a system
for transportation, industry, commerce, and immigration.
(10) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources.
There are significant examples of such resources within the
Buffalo Bayou region to merit the involvement of the Federal
Government in the development of programs and projects, in
cooperation with the Buffalo Bayou Partnership, Inc., the State
of Texas, and other local and governmental entities, to
adequately conserve, protect, and interpret this heritage for
future generations, while providing opportunities for education
and revitalization.
(b) Study.--
(1) In general.--The Secretary shall, in consultation with
the State of Texas, the City of Houston, and other appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Buffalo Bayou National Heritage
Area in Houston, Texas.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity; and
(H) has a conceptual boundary map that is supported
by the public.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of sites in Houston, Texas, in an area roughly bounded by
Shepherd Drive and extending to the Turning Basin, commonly referred to
as the ``Buffalo Bayou''.
(d) Submission of Study Results.--Not later than 3 years after
funds are first made available for this section, 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 describing the results of the study.
Subtitle D--Virginia Key Beach Park Resource Study
SECTION 1216. STUDY AND CRITERIA.
(a) Study.--The Secretary of the Interior (in this subtitle
referred to as ``the Secretary'') shall conduct a study of Virginia Key
Beach Park in Biscayne Bay, Florida, which was used for recreation by
African Americans at a time when public beaches were racially
segregated by law. The study shall evaluate the national significance
of the site and the suitability and feasibility of establishing the
site as a unit of the National Park System.
(b) Criteria.--In conducting the study required by subsection (a),
the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System contained in section 8
of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as the National
Park System General Authorities Act).
SEC. 1217. REPORT.
Upon completion of the study, the Secretary shall transmit to the
Congress a report on the findings of the study and the conclusions and
recommendations of the Secretary.
Subtitle E--San Gabriel River Watersheds Study
SEC. 1221. SHORT TITLE.
This subtitle may be cited as the ``San Gabriel River Watersheds
Study Act of 2002''.
SEC. 1222. AUTHORIZATION OF STUDY.
(a) In General.--The Secretary of the Interior (hereinafter in this
subtitle referred to as the ``Secretary'') shall conduct a special
resource study of the following areas:
(1) The San Gabriel River and its tributaries north of and
including the city of Santa Fe Springs.
(2) The San Gabriel Mountains within the territory of the
San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy (as defined in section 32603(c)(1)(C) of the State
of California Public Resource Code).
(b) Study Conduct and Completion.--Section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and completion of
the study required by this section.
(c) Consultation With Federal, State, and Local Governments.--In
conducting the study authorized by this section, the Secretary shall
consult with the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy and other appropriate Federal, State, and local
governmental entities.
(d) Considerations.--In conducting the study authorized by this
section, the Secretary shall consider regional flood control and
drainage needs and publicly owned infrastructure, including, but not
limited to, wastewater treatment facilities.
SEC. 1223. REPORT.
Not later than 3 years after funds are made available for this
subtitle, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives a report on the findings, conclusions, and
recommendations of the study.
Subtitle F--Muscle Shoals National Heritage Area
SEC. 1226. SHORT TITLE.
This subtitle may be cited as the ``Muscle Shoals National Heritage
Area Study Act of 2002''.
SEC. 1227. STUDY.
The Secretary of the Interior, in consultation with appropriate
State historic preservation officers, States historical societies, and
other appropriate organizations, shall conduct a study regarding the
suitability and feasibility of designating the study area described in
section 228 as the Muscle Shoals National Heritage Area. The study
shall include analysis, documentation, and determination regarding
whether the study area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(8) has a conceptual boundary map that is supported by the
public.
SEC. 1228. BOUNDARIES OF THE STUDY AREA.
The study area referred to in section 227 shall be comprised of the
following:
(1) The part of the Tennessee River's watershed in northern
Alabama.
(2) The cities of Florence, Sheffield, Tuscumbia, and
Muscle Shoals City, Alabama.
(3) The towns of Anderson, Cherokee, Courtland, Leighton,
Lexington, Littleville, Red Bay, Rogersville, Russellville,
Town Creek, and Waterloo, Alabama, and their environs.
(4) Colbert, Lauderdale, Franklin, and Lawrence Counties,
Alabama.
(5) Other areas that have heritage aspects that are similar
to those aspects that are in the areas described in paragraphs
(1) through (4) and which are adjacent to or in the vicinity of
those areas.
SEC. 1229. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available for this subtitle, the Secretary of the Interior
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 findings, conclusions, and recommendations
of the study.
Subtitle G--Golden Chain Highway
SEC. 1231. STUDY; REPORT.
(a) Study.--
(1) In general.--Not later than 1 year after the date that
funds are first made available for this section, the Secretary
of the Interior, in consultation with the affected local
governments, the State government, State and local historic
preservation offices, community organizations, and the Golden
Chain Council, shall complete a special resource study of the
national significance, suitability, and feasibility of
establishing Highway 49 in California, known as the ``Golden
Chain Highway'', as a National Heritage Corridor.
(2) Contents.--The study shall include an analysis of--
(A) the significance of Highway 49 in American
history;
(B) options for preservation and use of the
highway;
(C) options for interpretation of significant
features associated with the highway; and
(D) private sector preservation alternatives.
(3) Boundaries of study area.--The area studied under this
section shall be comprised of Highway 49 in California
extending from the city of Oakhurst in Madera County to the
city of Tuttletown in Tuolumne County, and lands, structures,
and cultural resources within the immediate vicinity of the
highway.
(b) Report.--Not later than 30 days after completion of the study
required by subsection (a), the Secretary shall submit a report
describing the results of the study to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
Subtitle H--Miami Circle Site Study
SEC. 1236. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Tequesta Indians were one of the earliest groups to
establish permanent villages in southeast Florida;
(2) the Tequestas had one of only two North American
civilizations that thrived and developed into a complex social
chiefdom without an agricultural base;
(3) the Tequesta sites that remain preserved today are
rare;
(4) the discovery of the Miami Circle, occupied by the
Tequesta approximately 2,000 years ago, presents a valuable new
opportunity to learn more about the Tequesta culture; and
(5) Biscayne National Park also contains and protects
several prehistoric Tequesta sites.
(b) Purpose.--The purpose of this title is to direct the Secretary
to conduct a special resource study to determine the national
significance of the Miami Circle site as well as the suitability and
feasibility of its inclusion in the National Park System as part of
Biscayne National Park.
SEC. 1237. DEFINITIONS.
In this title:
(1) Miami circle.--The term ``Miami Circle'' means the
Miami Circle archaeological site in Miami-Dade County, Florida.
(2) Park.--The term ``Park'' means Biscayne National Park
in the State of Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 1238. SPECIAL RESOURCE STUDY.
(a) In General.--Not later than one year after the date funds are
made available, the Secretary shall conduct a special resource study as
described in subsection (b). In conducting the study, the Secretary
shall consult with the appropriate American Indian tribes and other
interested groups and organizations.
(b) Components.--In addition to a determination of national
significance, feasibility, and suitability, the special resource study
shall include the analysis and recommendations of the Secretary with
respect to--
(1) which, if any, particular areas of or surrounding the
Miami Circle should be included in the Park;
(2) whether any additional staff, facilities, or other
resources would be necessary to administer the Miami Circle as
a unit of the Park; and
(3) any impact on the local area that would result from the
inclusion of Miami Circle in the Park.
(c) Report.--Not later than 30 days after completion of the study,
the Secretary shall submit a report describing the findings and
recommendations of the study to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the United
States House of Representatives.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this title.
Subtitle I--Bainbridge Island
SEC. 1241. SHORT TITLE; FINDINGS.
(a) Short Title.--This subtitle may be cited as the ``Bainbridge
Island Japanese-American Memorial Study Act of 2002''.
(b) Findings.--The Congress finds the following:
(1) During World War II on February 19, 1942, President
Franklin Delano Roosevelt signed Executive Order 9066, setting
in motion the forced exile of more than 110,000 Japanese
Americans.
(2) In Washington State, 12,892 men, women and children of
Japanese ancestry experienced three years of incarceration, an
incarceration violating the most basic freedoms of American
citizens.
(3) On March 30, 1942, 227 Bainbridge Island residents were
the first Japanese Americans in United States history to be
forcibly removed from their homes by the U.S. Army and sent to
internment camps. They boarded the ferry Kehloken from the
former Eagledale Ferry Dock, located at the end of Taylor
Avenue, in the city of Bainbridge Island, Washington State.
(4) The city of Bainbridge Island has adopted a resolution
stating that this site should be a National Memorial, and
similar resolutions have been introduced in the Washington
State Legislature.
(5) Both the Minidoka National Monument and Manzanar
National Historic Site can clearly tell the story of a time in
our Nation's history when constitutional rights were ignored.
These camps by design were placed in very remote places and are
not easily accessible. Bainbridge Island is a short ferry ride
from Seattle and the site would be within easy reach of many
more people.
(6) This is a unique opportunity to create a site that will
honor those who suffered, cherish the friends and community who
stood beside them and welcomed them home, and inspire all to
stand firm in the event our nation again succumbs to similar
fears.
(7) The site should be recognized by the National Park
Service based on its high degree of national significance,
association with significant events, and integrity of its
location and setting. This site is critical as an anchor for
future efforts to identify, interpret, serve, and ultimately
honor the Nikkei--persons of Japanese ancestry--influence on
Bainbridge Island.
SEC. 1242. EAGLEDALE FERRY DOCK LOCATION AT TAYLOR AVENUE STUDY AND
REPORT.
(a) Study.--The Secretary of the Interior shall carry out a special
resource study regarding the national significance, suitability, and
feasibility of designating as a unit of the National Park System the
property commonly known as the Eagledale Ferry Dock at Taylor Avenue
and the historical events associated with it, located in the town of
Bainbridge Island, Kitsap County, Washington.
(b) Report.--Not later than 1 year after funds are first made
available for the study under subsection (a), the Secretary of the
Interior 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 describing the findings, conclusions, and
recommendations of the study.
(c) Requirements for Study.--Except as otherwise provided in this
section, the study under subsection (a) shall be conducted in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
Subtitle J--Presidential Historic Site
SEC. 1246. PRESIDENTIAL HISTORIC SITE STUDY.
(a) Study and Report.--Not later than 2 years after the date funds
are made available, the Secretary of the Interior shall--
(1) carry out a study on the suitability and feasibility of
designating the William Jefferson Clinton birthplace home
located in Hope, Arkansas, as a national historic site; and
(2) submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the findings,
conclusions, and recommendations of the study.
(b) Requirements for Study.--Except with regard to deadline for
completion provided in subsection (a), the study under subsection (a)
shall be conducted in accordance with section 8(c) Public Law 91-383
(16 U.S.C. 1a-5(c)).
Subtitle K--Southern Campaign of the Revolution Heritage Area Study
SEC. 1251. SHORT TITLE.
This subtitle may be cited as the ``Southern Campaign of the
Revolution Heritage Area Study Act''.
SEC. 1252. STUDY.
The Secretary of the Interior, in consultation with appropriate
State historic preservation officers, States historical societies, and
other appropriate organizations, shall conduct a study regarding the
suitability and feasibility of designating the study area described in
section 253 as the Southern Campaign of the Revolution Heritage Area.
The study shall include analysis, documentation, and determination
regarding whether the study area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(8) has a conceptual boundary map that is supported by the
public.
SEC. 1253. STUDY AREA.
(a) In General.--
(1) South carolina.--The study area shall include the
following counties in South Carolina: Pickens, Greenville
County, Spartanburg, Cherokee County, Greenwood, Laurens,
Union, York, Chester, Darlington, Florence, Chesterfield,
Marlboro, Fairfield, Richland, Lancaster, Kershaw, Sumter,
Orangeburg, Georgetown, Dorchester, Colleton, Charleston,
Beaufort, and Williamsburg.
(2) North carolina.--The study area may include sites and
locations in North Carolina as appropriate.
(b) Specific Sites.--The heritage area may include the following
sites of interest:
(1) National park service site.--Kings Mountain National
Military Park, Cowpens National Battlefield, Fort Moultrie
National Monument, Charles Pickney National Historic Site, and
Ninety Six National Historic Site as well as the National Park
Affiliate of Historic Camden Revolutionary War Site.
(2) State-maintained sites.--Colonial Dorchester State
Historic Site, Eutaw Springs Battle Site, Hampton Plantation
State Historic Site, Fort Watson, Landsford Canal State
Historic Site, Andrew Jackson State Park, and Musgrove Mill
State Park.
(3) Communities.--Charleston, Beaufort, Georgetown,
Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and Cayce.
(4) Other key sites open to the public.--Middleton Place,
Goose Creek Church, Hopsewee Plantation, Walnut Grove
Plantation, and Historic Brattonsville.
SEC. 1254. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available for this subtitle, the Secretary of the Interior
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 findings, conclusions, and recommendations
of the study.
Subtitle L--St. Croix National Heritage Area Study
SEC. 1256. SHORT TITLE.
This subtitle may be cited as the ``St. Croix National Heritage
Area Study Act''.
SEC. 1257. STUDY.
The Secretary of the Interior, in consultation with appropriate
State historic preservation officers, States historical societies, and
other appropriate organizations, shall conduct a study regarding the
suitability and feasibility of designating the island of St. Croix as
the St. Croix National Heritage Area. The study shall include analysis,
documentation, and determination regarding whether the island of St.
Croix--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the island of St. Croix that retain a degree of
integrity capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(8) has a conceptual boundary map that is supported by the
public.
SEC. 1258. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available for this subtitle, the Secretary of the Interior
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 findings, conclusions, and recommendations
of the study.
Subtitle M--Wright Company Factory Study
SEC. 1260. WRIGHT COMPANY FACTORY STUDY.
(a) In General.--The Secretary shall conduct a special resource
study updating the study required under section 104 of the Dayton
Aviation Heritage Preservation Act of 1992 (Public Law 102-419) and
detailing alternatives for incorporating the Wright Company factory as
a unit of Dayton Aviation Heritage National Historical Park.
(b) Contents.--The study shall include an analysis of alternatives
for including the Wright Company factory as a unit of Dayton Aviation
Heritage National Historical Park that detail management and
development options and costs.
(c) Consultation.--In conducting the study, the Secretary shall
consult with the Delphi Corporation, the Dayton Aviation Heritage
Commission, the Aviation Heritage Foundation, State and local agencies,
and other interested parties in the area.
SEC. 1261. REPORT.
Not later than 3 years after funds are first made available for
this subtitle, 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 describing the results of the study
conducted under this subtitle.
Subtitle N--Peopling of America Theme Study
SEC. 1271. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) an important facet of the history of the United States
is the story of how the United States was populated;
(2) the migration, immigration, and settlement of the
population of the United States--
(A) is broadly termed the ``peopling of America'';
and
(B) is characterized by--
(i) the movement of groups of people across
external and internal boundaries of the United
States and territories of the United States;
and
(ii) the interactions of those groups with
each other and with other populations;
(3) each of those groups has made unique, important
contributions to American history, culture, art, and life;
(4) the spiritual, intellectual, cultural, political, and
economic vitality of the United States is a result of the
pluralism and diversity of the American population;
(5) the success of the United States in embracing and
accommodating diversity has strengthened the national fabric
and unified the United States in its values, institutions,
experiences, goals, and accomplishments;
(6)(A) the National Park Service's official thematic
framework, revised in 1996, responds to the requirement of
section 1209 of the Civil War Sites Study Act of 1990 (16
U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the
Secretary shall ensure that the full diversity of American
history and prehistory are represented'' in the identification
and interpretation of historic properties by the National Park
Service; and
(B) the thematic framework recognizes that ``people are the
primary agents of change'' and establishes the theme of human
population movement and change--or ``peopling places''--as a
primary thematic category for interpretation and preservation;
and
(7) although there are approximately 70,000 listings on the
National Register of Historic Places, sites associated with the
exploration and settlement of the United States by a broad
range of cultures are not well represented.
(b) Purposes.--The purposes of this subtitle are--
(1) to foster a much-needed understanding of the diversity
and contribution of the breadth of groups who have peopled the
United States; and
(2) to strengthen the ability of the National Park Service
to include groups and events otherwise not recognized in the
peopling of the United States.
SEC. 1272. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Theme study.--The term ``theme study'' means the
national historic landmark theme study required under section
1273.
(3) Peopling of america.--The term ``peopling of America''
means the migration, immigration, and settlement of the
population of the United States.
SEC. 1273. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF
AMERICA.
(a) Theme Study Required.--The Secretary shall prepare and submit
to Congress a national historic landmark theme study on the peopling of
America.
(b) Purpose.--The purpose of the theme study shall be to identify
regions, areas, trails, districts, communities, sites, buildings,
structures, objects, organizations, societies, and cultures that--
(1) best illustrate and commemorate key events or decisions
affecting the peopling of America; and
(2) can provide a basis for the preservation and
interpretation of the peopling of America that has shaped the
culture and society of the United States.
(c) Identification and Designation of Potential New National
Historic Landmarks.--
(1) In general.--The theme study shall identify and
recommend for designation new national historic landmarks.
(2) List of appropriate sites.--The theme study shall--
(A) include a list, in order of importance or
merit, of the most appropriate sites for national
historic landmark designation; and
(B) encourage the nomination of other properties to
the National Register of Historic Places.
(3) Designation.--On the basis of the theme study, the
Secretary shall designate new national historic landmarks.
(d) National Park System.--
(1) Identification of sites within current units.--The
theme study shall identify appropriate sites within units of
the National Park System at which the peopling of America may
be interpreted.
(2) Identification of new sites.--On the basis of the theme
study, the Secretary shall recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(e) Continuing Authority.--After the date of submission to Congress
of the theme study, the Secretary shall, on a continuing basis, as
appropriate to interpret the peopling of America--
(1) evaluate, identify, and designate new national historic
landmarks; and
(2) evaluate, identify, and recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(f) Public Education and Research.--
(1) Linkages.--
(A) Establishment.--On the basis of the theme
study, the Secretary may identify appropriate means for
establishing linkages--
(i) between--
(I) regions, areas, trails,
districts, communities, sites,
buildings, structures, objects,
organizations, societies, and cultures
identified under subsections (b) and
(d); and
(II) groups of people; and
(ii) between--
(I) regions, areas, trails,
districts, communities, sites,
buildings, structures, objects,
organizations, societies, and cultures
identified under subsection (b); and
(II) units of the National Park
System identified under subsection (d).
(B) Purpose.--The purpose of the linkages shall be
to maximize opportunities for public education and
scholarly research on the peopling of America.
(2) Cooperative arrangements.--On the basis of the theme
study, the Secretary shall, subject to the availability of
funds, enter into cooperative arrangements with State and local
governments, educational institutions, local historical
organizations, communities, and other appropriate entities to
preserve and interpret key sites in the peopling of America.
(3) Educational initiatives.--
(A) In general.--The documentation in the theme
study shall be used for broad educational initiatives
such as--
(i) popular publications;
(ii) curriculum material such as the
Teaching with Historic Places program;
(iii) heritage tourism products such as the
National Register of Historic Places Travel
Itineraries program; and
(iv) oral history and ethnographic
programs.
(B) Cooperative programs.--On the basis of the
theme study, the Secretary shall implement cooperative
programs to encourage the preservation and
interpretation of the peopling of America.
SEC. 1274. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with
educational institutions, professional associations, or other entities
knowledgeable about the peopling of America--
(1) to prepare the theme study;
(2) to ensure that the theme study is prepared in
accordance with generally accepted scholarly standards; and
(3) to promote cooperative arrangements and programs
relating to the peopling of America.
SEC. 1275. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE III--BOUNDARY ADJUSTMENTS
Subtitle A--Homestead National Monument of America
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Homestead National Monument of
America Additions Act''.
SEC. 1302. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Proposed Boundary Adjustment, Homestead National Monument of
America, Gage County, Nebraska'', numbered 368/80036 and dated
March 2000.
(2) Monument.--The term ``Monument'' means the Homestead
National Monument of America, Nebraska.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1303. ADDITIONS TO HOMESTEAD NATIONAL MONUMENT OF AMERICA.
(a) In General.--The Secretary may acquire, by donation or by
purchase with appropriated or donated funds, from willing sellers only,
the privately-owned property described in paragraphs (1) and (2) of
subsection (b). The Secretary may acquire, by donation only, the State-
owned property described in paragraphs (3) and (4) of subsection (b).
(b) Parcels.--The parcels referred to in subsection (a) are the
following:
(1) Graff property.--The parcel consisting of approximately
15.98 acres of privately-owned land, as depicted on the map.
(2) Pioneer acres green.--The parcel consisting of
approximately 3 acres of privately-owned land, as depicted on
the map.
(3) Segment of state highway 4.--The parcel consisting of
approximately 5.6 acres of State-owned land including Nebraska
State Highway 4, as depicted on the map.
(4) State triangle.--The parcel consisting of approximately
8.3 acres of State-owned land, as depicted on the map.
(c) Boundary Adjustment.--Upon acquisition of a parcel described in
subsection (b), the Secretary shall modify the boundary of the Monument
to include the parcel. Any parcel included within the boundary shall be
administered by the Secretary as part of the Monument.
(d) Deadline for Acquisition of Certain Property.--If the property
described in subsection (b)(1) is not acquired by the Secretary from a
willing seller within 5 years after the date of the enactment of this
subtitle, the Secretary shall no longer be authorized to acquire such
property pursuant to this subtitle and such property shall not become
part of the Monument pursuant to this subtitle.
(e) Availability of Map.--The map shall be on file in the
appropriate offices of the National Park Service.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subtitle $400,000.
SEC. 1304. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with the State
of Nebraska, Gage County, local units of government, private groups,
and individuals for operation, maintenance, interpretation, recreation,
and other purposes related to the proposed Homestead Heritage Highway
to be located in the general vicinity of the Monument.
Subtitle B--National Park of American Samoa
SEC. 1305. BOUNDARY ADJUSTMENT OF THE NATIONAL PARK OF AMERICAN SAMOA.
Section 2(b) of the Act entitled ``An Act to establish the National
Park of American Samoa'' (16 U.S.C. 410qq-1(b)), approved October 31,
1988, is amended--
(1) by striking ``(1)'', ``(2)'', and ``(3)'' and inserting
``(A)'', ``(B)'', and ``(C)'', respectively;
(2) by inserting ``(1)'' after ``Included.--''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may make adjustments to the boundary of the
park to include within the park certain portions of the islands of Ofu
and Olosega, as depicted on the map entitled `National Park of American
Samoa, Proposed Boundary Adjustment', numbered 82,035 and dated
February 2002, pursuant to an agreement with the Governor of American
Samoa and contingent upon the lease to the Secretary of the newly added
lands. As soon as practicable after a boundary adjustment under this
paragraph, the Secretary shall modify the maps referred to in paragraph
(1) accordingly.''.
Subtitle C--Golden Gate National Recreation Area
SEC. 1306. BOUNDARY ADJUSTMENT.
Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is
amended--
(1) by striking ``(a)'' and inserting ``(a) Recreation Area
Lands.--'';
(2) by striking ``The recreation area shall comprise'' and
inserting the following:
``(1) In general.--The recreation area shall comprise'';
and
(3) by striking ``The following additional lands are also''
and all that follows through the period at the end of the
paragraph and inserting the following:
``(2) Additional land.--In addition to the land described
in paragraph (1), the recreation area shall include--
``(A) the parcels numbered by the Assessor of Marin
County, California, 119-040-04, 119-040-05, 119-040-18,
166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-
010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03,
119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-
010-13, and 119-235-10;
``(B) land and water in San Mateo County generally
depicted on the map entitled `Sweeney Ridge Addition,
Golden Gate National Recreation Area', numbered NRA GG-
80,000-A, and dated May 1980;
``(C) land acquired under the Golden Gate National
Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1
note; Public Law 10-299);
``(D) land generally depicted on the map entitled
`Additions to Golden Gate National Recreation Area',
numbered NPS-80-076, and dated July 2000/PWR-PLRPC; and
``(E) land generally depicted on the map entitled
`Rancho Corral de Tierra Additions to the Golden Gate
National Recreation Area', numbered NPS-80,079A and
dated July 2001.
``(3) Acquisition authority.--The Secretary may acquire
land described in paragraph (2)(E) only from a willing
seller.''.
SEC. 1306A. GOLDEN GATE NATIONAL RECREATION AREA ADVISORY COMMISSION
AND MANZANAR NATIONAL HISTORIC SITE ADVISORY COMMISSION.
(a) Golden Gate National Recreation Area Advisory Commission.--
Section 5 of Public Law 92-589 (16 U.S.C. 460bb-4) is amended--
(1) in subsection (b)--
(A) by striking ``(b) The Commission'' and
inserting the following:
``(b) Membership.--
``(1) In general.--The Commission'';
(B) by striking ``Provided, That the'' and all that
follows through the period; and
(C) by inserting after paragraph (1) (as designated
by subparagraph (A)) the following:
``(2) Considerations.--In appointing members to the
Commission, the Secretary shall ensure that the interests of
local, historic recreational users of the recreation area shall
be represented.''; and
(2) in subsection (g), by striking ``thirty years after the
enactment of this Act'' and inserting ``on December 31, 2012''.
(b) Manzanar National Historic Site Advisory Commission.--Section
105(h) of Public Law 102-248 (16 U.S.C. 461 note) is amended by
striking ``10 years after the date of enactment of this title'' and
inserting ``on December 31, 2012''.
SEC. 1306B. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE
BOUNDARIES OF YOSEMITE NATIONAL PARK.
Section 814(c) of the Omnibus Parks and Public Lands Management Act
of 1996 (16 U.S.C. 346e) is amended--
(1) in the first sentence--
(A) by inserting ``and Yosemite National Park''
after ``Zion National Park''; and
(B) by inserting ``transportation systems and''
before ``the establishment of''; and
(2) by striking ``park'' each place it appears and
inserting ``parks''.
Subtitle D--George Washington Birthplace National Monument
SEC. 1307. ADDITION TO NATIONAL MONUMENT.
The boundaries of the George Washington Birthplace National
Monument (hereinafter referred to as the ``National Monument'') are
hereby modified to include the area comprising approximately 115 acres,
as generally depicted on the map entitled ``George Washington
Birthplace National Monument Boundary Map'', numbered 332/80,023 and
dated October 2001, which shall be on file and available for public
inspection in the appropriate offices of the National Park Service,
Department of the Interior.
SEC. 1308. ACQUISITION OF LANDS.
Within the boundaries of the National Monument, the Secretary of
the Interior (hereinafter referred to as the ``Secretary'') is
authorized to acquire lands, or interests therein, from willing owners
by donation, purchase with donated money or appropriated funds, or
exchange.
SEC. 1309. ADMINISTRATION OF NATIONAL MONUMENT.
In administering the National Monument, the Secretary shall take
actions necessary to preserve and interpret the history and resources
associated with George Washington, the generations of the Washington
family who lived in the vicinity and their contemporaries, and 18th
century plantation life and society.
Subtitle E--Glen Canyon National Recreation Area
SEC. 1310. BOUNDARY ADJUSTMENT.
(a) In General.--The first section of Public Law 92-593 (16 U.S.C.
460dd; 86 Stat. 1311) is amended--
(1) by striking ``That in'' and inserting ``Section 1. (a)
In''; and
(2) by adding at the end the following:
``(b) In addition to the boundary change authority under subsection
(a), the Secretary may acquire approximately 152 acres of private land
in exchange for approximately 370 acres of land within the boundary of
Glen Canyon National Recreation Area, as generally depicted on the map
entitled `Page One Land Exchange Proposal', number 608/60573a-2002, and
dated May 16, 2002. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
Upon conclusion of the exchange, the boundary of the recreation area
shall be revised to reflect the exchange.''.
(b) Change in Acreage Ceiling.--Such section is further amended by
striking ``one million two hundred and thirty-six thousand eight
hundred and eighty acres'' and inserting ``1,256,000 acres''.
Subtitle F--John Muir National Historic Site
SEC. 1311. BOUNDARY ADJUSTMENT.
(a) Boundary.--The boundary of the John Muir National Historic Site
is adjusted to include the lands generally depicted on the map entitled
``Boundary Map, John Muir National Historic Site'' numbered PWR-OL 426-
80,044a and dated August 2001.
(b) Land Acquisition.--The Secretary of the Interior is authorized
to acquire the lands and interests in lands identified as the
``Boundary Adjustment Area'' on the map referred to in subsection (a)
by donation, purchase with donated or appropriated funds, exchange, or
otherwise.
(c) Administration.--The lands and interests in lands described in
subsection (b) shall be administered as part of the John Muir National
Historic Site established by the Act of August 31, 1964 (78 Stat. 753;
16 U.S.C. 461 note).
Subtitle G--Allegheny Portage Railroad National Historic Site
SEC. 1312. DEFINITIONS.
In this subtitle:
(1) Historic site.--The term ``historic site'' means the
Allegheny Portage Railroad National Historic Site in Blair and
Cambria Counties, Pennsylvania, established pursuant to Public
Law 88-546 (78 Stat. 752; 16 U.S.C. 461 note).
(2) Map.--The term ``Map'' means the map entitled
``Allegheny Portage Railroad National Historic Site, Blair and
Cambria Counties, Pennsylvania'', numbered NERO 423/80,014 and
dated May 01.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 1313. REVISION OF HISTORIC SITE BOUNDARIES.
(a) Lands Excluded From and Added to Historic Site.--The boundary
of the historic site is hereby revised--
(1) by deleting--
(A) the approximately 3.09 acres depicted on the
Map as tracts 105-21 and 105-15; and
(B) the approximately 7.26 acres depicted on the
Map as tract 102-42; and
(2) by adding--
(A) the approximately 42.42 acres depicted on the
map as tract 101-09; and
(B) the approximately 15 acres depicted on the map
as tract 104-07.
(b) Authorization for Acquisitions.--
(1) Acquisition 1.--
(A) In general.--The Secretary is authorized to
acquire, from willing owners only, the approximately 98
acres depicted on the Map as tract 103-07 in exchange
for the approximately 108 acres depicted on the Map as
tracts 102-38 and 103-04.
(B) Equalization of values.--If the values of the
tracts to be exchanged under subparagraph (A) are not
equal, the difference may be equalized by donation,
payment using donated or appropriated funds, or the
conveyance of additional land.
(2) Acquisition 2.--The Secretary is authorized to acquire
by exchange or donation, from willing owners only, the lands
included within the boundary of the tract described in
subsection (a)(2)(B).
(c) Revision of Boundaries After Acquisitions.--Upon completion of
the exchange under subsection (b)(1), the boundaries of the historic
site shall be revised, as appropriate--
(1) by adding the land acquired by the United States; and
(2) by deleting the land that is no longer owned by the
United States.
SEC. 1314. AVAILABILITY OF MAP.
A copy of the Map shall be on file and available for inspection in
the appropriate offices of the National Park Service, Department of the
Interior.
SEC. 1315. ADMINISTRATION OF ACQUIRED LANDS.
Lands and interests in lands added to the historic site under this
subtitle shall be administered by the Secretary as part of the historic
site in accordance with applicable laws and regulations.
Subtitle H--Andersonville National Historic Site
SEC. 1316. BOUNDARY ADJUSTMENT.
The first section of the Act entitled ``An Act to authorize the
establishment of the Andersonville National Historic Site in the State
of Georgia, and for other purposes'', approved October 16, 1970, is
amended by striking ``five hundred acres'' and inserting ``520 acres''.
Subtitle I--Salt River Bay National Historical Park and Ecological
Preserve, St. Croix, U.S.V.I.
SEC. 1317. BOUNDARY ADJUSTMENT.
The first sentence of section 103(b) of the Salt River Bay National
Historical Park and Ecological Preserve at St. Croix, Virgin Islands,
Act of 1992 (16 U.S.C. 410tt-1(b)) is amended to read as follows: ``The
park shall consist of approximately 1015 acres of lands, waters, and
interests in lands as generally depicted on the map entitled `Salt
River Bay National Historical Park and Ecological Preserve, St. Croix,
U.S.V.I.', numbered 141/80002, and dated May 2, 2002.''.
Subtitle J--Pu`uhonua O Honaunau National Historical Park
SEC. 1321. BOUNDARY ADJUSTMENT.
(a) In General.--The first section of the Act of July 26, 1955 (69
Stat. 376, ch. 385; 16 U.S.C. 397), is amended--
(1) by striking ``That, when'' and inserting the following:
``Section 1. (a) When''; and
(2) by adding at the end thereof the following new
subsections:
``(b) The boundaries of Pu`uhonua o Honaunau National Historical
Park are hereby modified to include approximately 238 acres of lands
and interests therein within the area identified as `Parcel A' on the
map entitled `Pu`uhonua o Honaunau National Historical Park Proposed
Boundary Additions, Ki`ilae Village', numbered PUHO-P 415/82,013 and
dated May, 2001.
``(c) The Secretary of the Interior is authorized to acquire
approximately 159 acres of lands and interests therein within the area
identified as `Parcel B' on the map referenced in subsection (b). Upon
the acquisition of such lands or interests therein, the Secretary shall
modify the boundaries of Pu`uhonua o Honaunau National Historical Park
to include such lands or interests therein.''.
(b) Authorizations of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this subtitle.
TITLE IV--MEMORIALS
Subtitle A--Memorial to Terrorism Victims
SEC. 1401. AUTHORIZATION OF MEMORIAL.
(a) In General.--The Advisory Board established in section 1402(a)
is authorized to establish a memorial (referred to hereafter in this
subtitle as the ``Memorial'') in accordance with this subtitle on
Federal lands administered by the National Park Service in the District
of Columbia and its environs (as defined in section 2(e) of the
Commemorative Works Act (40 U.S.C. 1002(e)) to victims who died as a
result of terrorist acts against the United States or its people, at
home or abroad, except those individuals identified by the Attorney
General of the United States as participating or conspiring in
terrorist-related activities.
(b) Detail of Employees.--The Secretary of the Interior (referred
to hereafter in this subtitle as the ``Secretary'') shall detail to the
Advisory Board such support staff as are necessary to assist the
members of the Advisory Board in carrying out its responsibilities.
(c) Relationship to the Commemorative Works Act.--The Commemorative
Works Act (40 U.S.C. 1001 et seq.) shall apply to the Memorial, with
the exception of section 3(c) of that Act which shall not apply to the
Memorial.
SEC. 1402. ADVISORY BOARD.
(a) Establishment.--There is established an advisory board to be
known as the ``Victims of Terrorism Memorial Advisory Board'' (referred
to hereafter in this subtitle as the ``Advisory Board'').
(b) Members.--The Advisory Board shall consist of 13 members who
shall be appointed, not later than 3 months after the date of the
enactment of this subtitle, by the President (in consultation with the
Secretary of the Interior and the Secretary of Defense) from interested
persons, including representatives of organizations dedicated to
assisting victims of terrorism and their families.
(c) Chairperson.--The Chairperson of the Advisory Board shall be
one of its Members elected by a majority of the Members at the first
meeting of the Advisory Board.
(d) Terms; Vacancies.--Members of the Advisory Board shall serve
for the life of the Advisory Board. The President shall make
appointments to fill any vacancies that occur.
(e) Duties.--The Advisory Board shall--
(1) raise necessary funds to establish, design, construct,
and maintain the Memorial; and
(2) begin consultation under section 7 of the Commemorative
Works Act not later than 1 year after the date of the enactment
of this subtitle.
(f) Donations.--The Advisory Board may accept donations on behalf
of the United States for the establishment, design, construction, and
maintenance of the Memorial.
(g) Termination.--The Advisory Board shall terminate not later than
120 days after completion of the Memorial.
(h) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Board.
SEC. 1403. DEPOSIT OF EXCESS FUNDS.
If, upon payment of all expenses of the establishment of the
Memorial (including the maintenance and preservation amount provided
for in section 8(b) of the Commemorative Works Act), or upon expiration
of the authority for the Memorial under section 10(b) of that Act,
there remains a balance in the funds received under section 3(f) of
that Act for maintenance of the Memorial, the Chairperson of the
Advisory Board shall transfer the amount of the balance to the
Secretary of the Treasury for deposit in the account provided for in
section 8(b)(1) of that Act.
Subtitle B--Pyramid of Remembrance
SEC. 1421. AUTHORITY TO ESTABLISH MEMORIAL.
(a) In General.--The Pyramid of Remembrance Foundation is
authorized to establish a memorial on Federal land within the area
designated as ``Area II'' on the map referred to in section 2(e) of the
Commemorative Works Act (40 U.S.C. 1002(e)), to honor members of the
Armed Forces of the United States who have lost their lives during
peacekeeping operations, humanitarian efforts, training, terrorist
attacks, or covert operations.
(b) Compliance With Standards for Commemorative Works.--The Pyramid
of Remembrance Foundation shall establish the memorial authorized by
this subtitle in accordance with the Commemorative Works Act (40 U.S.C.
1001, et seq.), except that subsection (b) and (c) of section 3 of that
Act shall not apply.
SEC. 1422. FUNDS FOR MEMORIAL.
(a) Use of Federal Funds Prohibited.--Except as provided by the
Commemorative Works Act, no Federal funds may be used to pay any
expense of the establishment of the memorial.
(b) Deposit of Excess Funds.--If--
(1) upon payment of all expenses of the establishment of
the memorial, including payment to the Treasury of the
maintenance and preservation amount required by section 8(b) of
the Commemorative Works Act; or
(2) upon expiration of the authority for the memorial under
section 10(b) of the Commemorative Works Act,
there remains a balance of funds received for the establishment of the
memorial, the Pyramid of Remembrance Foundation shall transmit that
balance to the Secretary of the Treasury for deposit in the account
provided for in section 8(b)(1) of the Commemorative Works Act.
TITLE V--DESIGNATIONS
Subtitle A--Kate Mullany National Historic Site
SEC. 1501. SHORT TITLE.
(a) Short Title.--This subtitle may be cited as the ``Kate Mullany
National Historic Site Act''.
SEC. 1502. DEFINITIONS.
As used in this subtitle:
(1) The term ``historic site'' means the Kate Mullany
National Historic Site established by section 1504 of this
subtitle.
(2) The term ``plan'' means the general management plan
developed pursuant to section 1506(d).
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1503. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Kate Mullany House in Troy, New York, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(2) The city of Troy, New York--
(A) played an important role in the development of
the collar and cuff industry and the iron industry in
the 19th century, and in the development of early men's
and women's worker and cooperative organizations; and
(B) was the home of the first women's labor union,
led by Irish immigrant Kate Mullany.
(3) The city of Troy, New York, with 6 neighboring cities,
towns, and villages, entered into a cooperative arrangement to
create the Hudson-Mohawk Urban Cultural Park Commission to
manage their valuable historic resources and the area within
these municipalities has been designated by the State of New
York as a heritage area to represent industrial development and
labor themes in the State's development.
(4) This area, known as the Hudson-Mohawk Urban Cultural
Park or RiverSpark, has been a pioneer in the development of
partnership parks where intergovernmental and public and
private partnerships bring about the conservation of our
heritage and the attainment of goals for preservation,
education, recreation, and economic development.
(5) Establishment of the Kate Mullany National Historic
Site and cooperative efforts between the National Park Service
and the Hudson-Mohawk Urban Cultural Park Commission will
provide opportunities for the illustration and interpretation
of important themes of the heritage of the United States, and
will provide unique opportunities for education, public use,
and enjoyment.
(b) Purposes.--The purposes of this subtitle are--
(1) to help preserve and interpret the nationally
significant home of Kate Mullany for the benefit, inspiration,
and education of the people of the United States; and
(2) to help interpret the connection between immigration
and the industrialization of the Nation, including the history
of Irish immigration, women's history, and worker history.
SEC. 1504. DESIGNATION OF KATE MULLANY HOUSE AS NATIONAL HISTORIC SITE.
(a) Designation.--To further the purposes of this subtitle 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 Kate Mullany House, comprising approximately,
0.05739 acre and located at 350 Eighth Street in Troy, New York, is
designated a national historic site.
(b) Status as Affiliated Site.--The Kate Mullany House National
Historic Site shall be an affiliated site of the National Park System.
The Secretary, through the National Park Service, is authorized to
provide technical and financial assistance to the State of New York
and/or the Hudson-Mohawk Urban Cultural Park Commission in carrying out
the purposes of this subtitle.
SEC. 1505. MANAGEMENT OF THE SITE.
(a) Cooperative Agreement.--The Secretary is authorized to enter
into a cooperative agreement with the State of New York and/or the
Hudson-Mohawk Urban Cultural Park Commission to ensure the marking,
interpretation, and preservation of the national historic site
designated by this subtitle.
(b) Assistance.--The Secretary is authorized to provide technical
and financial assistance to the State of New York and/or the Hudson-
Mohawk Urban Cultural Park Commission to mark, interpret, and preserve
the national historic site including the making of preservation-related
capital improvements and repairs.
(c) Management Plan.--The Secretary shall work cooperatively with
the State of New York and/or the Hudson-Mohawk Urban Cultural Park
Commission to 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 national
historic site. The plan shall also outline how interpretation and
programming for the National Historic Site will be coordinated with
existing units of the national park system. Such plan shall be
completed within 2 years after the enactment of this Act.
SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $4,000,000 to carry out this
subtitle.
Subtitle B--Homestead Steel Works National Historic Site
SEC. 1511. SHORT TITLE.
This subtitle may be cited as the ``Homestead Steel Works National
Historic Site Act''.
SEC. 1512. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) A very large proportion of the buildings and other
structures in the Commonwealth of Pennsylvania are nationally
significant historical resources, including the United States
Steel Homestead Works, the Carrie Furnace complex, and the Hot
Metal Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private entities
in the Commonwealth, these buildings and other structures may
be lost without the assistance of the Federal Government.
(b) Purposes.--The purposes of this subtitle are to ensure the
preservation, interpretation, visitor enjoyment, and maintenance of the
nationally significant historical and cultural sites and structures
described in subsection (a) for the benefit and inspiration of present
and future generations.
(c) Definitions.--In this subtitle:
(1) Historic site.--The term ``historic site'' means the
Homestead Steel Works National Historic Site established by
section 1513.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1513. HOMESTEAD STEEL WORKS NATIONAL HISTORIC SITE.
(a) Establishment.--There is established in the Commonwealth of
Pennsylvania the Homestead Steel Works National Historic Site as a unit
of the National Park System.
(b) Description.--The historic site shall be comprised of the
following properties, each of which relate to the former United States
Steel Homestead Works:
(1) The historic location of the Battle of Homestead site
in the borough of Munhall, Pennsylvania, consisting of
approximately 3 acres of land, including the pumphouse and
water tower and related structures, within the property bounded
by the Monongahela River, the CSX railroad, Waterfront Drive,
and the Damascus-Marcegaglia Steel Mill.
(2) The historic location of the Carrie Furnace complex in
the boroughs of Swissvale and Rankin, Pennsylvania, consisting
of approximately 35 acres of land, including blast furnaces 6
and 7, the ore yard, the cast house, the blowing engine house,
the AC power house, and related structures, within the property
bounded by the proposed southwesterly right-of-way line needed
to accommodate the Mon/Fayette Expressway and the relocated CSX
railroad right-of-way, the Monongahela River, and a property
line drawn northeast to southwest approximately 100 yards east
of the AC power house.
(3) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its approaches,
spanning the Monongahela River and connecting the mill sites in
the boroughs of Rankin and Munhall, Pennsylvania.
(4) All other property included in the historic site by
Federal law or acquired by the Secretary for inclusion in the
historic site pursuant to section 1514 or other Federal law.
SEC. 1514. ACQUISITION OF PROPERTY.
To further the purposes of this subtitle, the Secretary may
acquire, by donation, property for inclusion in the historic site as
follows:
(1) Any land or interest in land with respect to the
property identified in paragraphs (1), (2), or (3) of section
1513(b).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in paragraphs (1), (2), or
(3) of section 1513(b), for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
SEC. 1515. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historic site
in accordance with this subtitle and the provisions of law generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935
(16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--
(1) In general.--To further the purposes of this subtitle,
the Secretary may enter into a cooperative agreement with any
interested individual, public or private agency, organization,
or institution.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection shall
be subject to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the purpose of
this subtitle, as determined by the Secretary, shall result in
a right of the United States to reimbursement of all funds made
available to such a project or the proportion of the increased
value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever is
greater.
(c) Technical and Preservation Assistance.--The Secretary may
provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site;
(2) the maintenance of the natural and cultural landscape
of the historic site; and
(3) local preservation planning for the historic site.
SEC. 1516. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than the last day of the third fiscal
year beginning after the date of enactment of this subtitle, the
Secretary shall, in consultation with the officials described in
subsection (b), prepare a general management plan for the historic
site.
(b) Officials Consulted.--The officials described in this
subsection are--
(1) an appropriate official of each appropriate political
subdivision of the Commonwealth of Pennsylvania that has
jurisdiction over all or a portion of the historic site; and
(2) an appropriate official of the Steel Industry Heritage
Corporation.
(c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
Subtitle C--Oil Region National Heritage Area
SEC. 1521. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``Oil Region
National Heritage Area Act''.
(b) Definitions.--For the purposes of this subtitle, the following
definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the
Oil Region National Heritage Area established in section
1523(a).
(2) Management entity.--The term ``management entity''
means the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1522. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system in 1992
by Public Law 102-271, traverses the Oil Region and connects
several of its major sites, as do some of the river's
tributaries such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for people throughout the
United States to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct link to the past for visitors, as
do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this subtitle is to enhance a
cooperative management framework to assist the Commonwealth of
Pennsylvania, its units of local government, and area citizens in
conserving, enhancing, and interpreting the significant features of the
lands, water, and structures of the Oil Region, in a manner consistent
with compatible economic development for the benefit and inspiration of
present and future generations in the Commonwealth of Pennsylvania and
the United States.
SEC. 1523. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map
shall be on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the Federal
Register, as soon as practical after the date of the enactment of this
subtitle, a detailed description and map of the boundaries established
under this subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 1525(b).
SEC. 1524. COMPACT.
To carry out the purposes of this subtitle, the Secretary shall
enter into a compact with the management entity. The compact shall
include information relating to the objectives and management of the
area, including a discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the protection
measures committed to by the Secretary and management entity.
SEC. 1525. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may use funds made available under this subtitle for purposes of
preparing, updating, and implementing the management plan developed
under subsection (b). Such purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of
the Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes an inventory of the resources contained in the
Heritage Area, including a list of any property in the Heritage
Area that is related to the themes of the Heritage Area and
that should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance;
(6) recommends policies for resource management which
consider and detail application of appropriate land and water
management techniques, including, but not limited to, the
development of intergovernmental and interagency cooperative
agreements to protect the Heritage Area's historical, cultural,
recreational, and natural resources in a manner consistent with
supporting appropriate and compatible economic viability;
(7) describes a program for implementation of the
management plan by the management entity, including plans for
restoration and construction, and specific commitments for that
implementation that have been made by the management entity and
any other persons for the first 5 years of implementation;
(8) includes an analysis of ways in which local, State, and
Federal programs, including the role for the National Park
Service in the Heritage Area, may best be coordinated to
promote the purposes of this subtitle;
(9) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(10) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the funds
are made available for this subtitle.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance
under this subtitle.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area;
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this subtitle;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and
(5) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit an annual report to the Secretary
setting forth accomplishments, expenses and income, and
each person to which any grant was made by the
management entity in the year for which the report is
made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this
subtitle to acquire real property or an interest in real property.
SEC. 1526. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon
the request of the management entity, and subject to
the availability of appropriations, provide technical
and financial assistance to the management entity to
carry out its duties under this subtitle, including
updating and implementing a management plan that is
submitted under section 1525(b) and approved by the
Secretary and, prior to such approval, providing
assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to
the management entity to carry out its duties under
this subtitle (including updating and implementing a
management plan that is submitted under section 1525(b)
and approved by the Secretary and, prior to such
approval, providing assistance for initiatives), upon
the request of the management entity the Secretary
shall provide such assistance on a reimbursable basis.
This subparagraph does not preclude the Secretary from
providing nonreimbursable assistance under subparagraph
(A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to
conserve the significant natural resources of the
region;
(C) development and application of techniques
promoting the preservation of cultural and historic
properties;
(D) preservation, restoration, and reuse of
publicly and privately owned historic buildings;
(E) design and fabrication of a wide range of
interpretive materials based on the management plan,
including guide brochures, visitor displays, audio-
visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan.
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this subtitle not later
than 90 days after receiving such plan. In approving the plan, the
Secretary shall take into consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government and
a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(d) Approving Changes.--The Secretary shall review and approve
amendments to the management plan under section 1525(b) that make
substantial changes. Funds appropriated under this subtitle may not be
expended to implement such changes until the Secretary approves the
amendments.
(e) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 90 days after
it is submitted to the Secretary, then such management plan, revision,
or change shall be deemed to have been approved by the Secretary.
SEC. 1527. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this subtitle and, to the
maximum extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity
determines shall not have an adverse effect on the Heritage
Area.
SEC. 1528. SUNSET.
The Secretary may not make any grant or provide any assistance
under this subtitle after the expiration of the 15-year period
beginning on the date of the enactment of this subtitle.
SEC. 1529. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the management entity from
using Federal funds available under Acts other than this subtitle for
the purposes for which those funds were authorized.
SEC. 1530. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this
subtitle may not be used to pay more than 50 percent of the total cost
of any activity carried out with that assistance.
Subtitle D--Moccasin Bend National Historic Site
SEC. 1541. SHORT TITLE.
This subtitle may be cited as the ``Moccasin Bend National
Archeological District Act''.
SEC. 1542. DEFINITIONS.
As used in this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Archeological district.--The term ``archeological
district'' means the Moccasin Bend National Archeological
District.
(3) State.--The term ``State'' means the State of
Tennessee.
(4) Map.--The term ``Map'' means the map entitled ``Boundry
Map, Moccasin Bend National Archeological District'', numbered
301/80098, and dated September 2002.
SEC. 1543. ESTABLISHMENT.
(a) In General.--In order to preserve, protect, and interpret for
the benefit of the public the nationally significant archeological and
historic resources located on the peninsula known as Moccasin Bend,
Tennessee, there is established as a unit of Chickamauga and
Chattanooga National Military Park, the Moccasin Bend National
Archeological District.
(b) Boundaries.--The archeological district shall consist of
approximately 780 acres generally depicted on the Map. The Map shall be
on file and available for public inspection in the appropriate offices
of the National Park Service, Department of the Interior.
(c) Acquisition of Land and Interests in Land.--
(1) In general.--The Secretary may acquire by donation,
purchase from willing sellers using donated or appropriated
funds, or exchange, lands and interests in lands within the
exterior boundary of the archeological district. The Secretary
may acquire the State, county and city-owned land and interests
in land for inclusion in the archeological district only by
donation.
(2) Easement outside boundary.--To allow access between
areas of the archeological district that on the date of
enactment of this subtitle are noncontiguous, the Secretary may
acquire by donation or purchase from willing owners using
donated or appropriated funds, or exchange, easements
connecting the areas generally depicted on the Map.
SEC. 1544. ADMINISTRATION.
(a) In General.--The archeological district shall be administered
by the Secretary in accordance with this subtitle, with laws applicable
to Chickamauga and Chattanooga National Military Park, and with the
laws generally applicable to units of the National Park System.
(b) Cooperative Agreement.--The Secretary may consult and enter
into cooperative agreements with culturally affiliated federally
recognized Indian tribes, governmental entities, and interested persons
to provide for the restoration, preservation, development,
interpretation, and use of the archeological district.
(c) Visitor Interpretive Center.--For purposes of interpreting the
historical themes and cultural resources of the archeological district,
the Secretary may establish and administer a visitor center in the
archeological district.
(d) General Management Plan.--Not later than three years after
funds are made available under this subtitle, the Secretary shall
develop a general management plan for the archeological district. The
general management plan shall describe the appropriate protection and
preservation of natural, cultural, and scenic resources, visitor use,
and facility development within the archeological district consistent
with the purposes of this subtitle, while ensuring continued access by
private landowners to their property.
SEC. 1545. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.
The Act of August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4) is
repealed.
Subtitle E--San Rafael Western Frontier National Heritage Area
SEC. 1551. SHORT TITLE.
This subtitle may be cited as the ``San Rafael Western Frontier
National Heritage Area Act''.
SEC. 1552. FINDINGS AND PURPOSES.
(a) 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 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 use and conservation of natural resources.
(3) The San Rafael region contains important historical
sites, including sections of the Old Spanish Trail, the Outlaw
Trail, the Green River Crossing, and many sites associated with
cowboy, pioneer, and mining history.
(4) The heritage of the San Rafael 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 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 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
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 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 subtitle 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 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 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 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 region.
(b) Purposes.--The purposes of this subtitle are as follows:
(1) To establish the San Rafael Western Frontier 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 region of
the State of Utah.
(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.
(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 San
Rafael Western Frontier National Heritage Area.
SEC. 1553. DEFINITIONS.
For purposes of this subtitle:
(1) Heritage area; national heritage area.--The terms
``Heritage Area'' and ``National Heritage Area'' mean the San
Rafael Western Frontier National Heritage Area established by
this subtitle.
(2) Heritage council.--The term ``Heritage Council'' means
the San Rafael Heritage Council, a Board reflecting a broad
cross-section of interests within the National Heritage Area,
such as economic development, travel, tourism, recreation,
heritage and historical organizations, public and private land
interests, and State and local governments, and operating under
section 501(c)(3) of the Internal Revenue Code of 1986.
(3) Heritage plan.--The term ``heritage plan'' means the
plan described in section 1556.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Financial assistance.--The term ``financial
assistance'' means funds appropriated by the Congress and made
available to the Heritage Council for the purposes of this
subtitle.
(6) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
SEC. 1554. SAN RAFAEL WESTERN FRONTIER NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of Utah the
San Rafael Western Frontier National Heritage Area.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
include lands in Utah that are encompassed by the boundaries of
Emery County.
(2) 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 and
the Director of the Bureau of Land Management.
(3) Notice to local governments.--The Heritage Council
shall provide written notice of the proposal to the government
of Emery County and each city and town that has jurisdiction
over the property proposed to be included in the Heritage Area.
SEC. 1555. LOCAL COORDINATING ENTITY FOR NATIONAL HERITAGE AREA.
(a) In General.--The Heritage Council shall be the local
coordinating entity for the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Heritage Council
may receive amounts appropriated to carry out this subtitle.
(2) Disqualification.--If a heritage plan for the Heritage
Area is not submitted to the Secretary as required under
section 1556 within the time specified, the Heritage Council
shall cease to be authorized to receive Federal funding under
this subtitle until such a plan is submitted to the Secretary.
(c) Authorities of Heritage Council.--The Heritage Council may, for
purposes of preparing and implementing the heritage plan for the
Heritage Area, use Federal funds made available under this subtitle for
the following purposes:
(1) To make grants or loans to the State of Utah and its
political subdivisions, nonprofit organizations, and other
persons.
(2) To enter into cooperative agreements with the State of
Utah, 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.
(5) To contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Heritage
Council may not use Federal funds received under this subtitle to
acquire real property or any interest in real property.
SEC. 1556. PREPARATION OF HERITAGE PLAN.
(a) Preparation Required.--Not later than 3 years after the date of
the enactment of this subtitle, the Heritage Council shall prepare and
submit to the Secretary for review a heritage plan for the Heritage
Area.
(b) Plan Requirements.--The heritage plan submitted under this
section shall--
(1) contain comprehensive recommendations for the
conservation, funding, management, and development of the
Heritage Area;
(2) be prepared with public participation;
(3) take into consideration existing Federal, State,
county, and local plans and involve residents, public agencies,
and private organizations in the Heritage Area;
(4) not supersede or take precedence over existing plans or
planning processes of Federal land management agencies having
jurisdiction within the Heritage Area;
(5) include a description of actions that units of
government and private organizations may take to protect,
restore, develop, enhance, or maintain the resources of the
Heritage Area; and
(6) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area.
(c) Additional Information.--The heritage plan may include the
following, as appropriate:
(1) An inventory of resources contained in the Heritage
Area, including a list of sites in the Heritage Area that
should be conserved, restored, managed, developed, or
maintained because of the natural, cultural, or historic
significance of the sites as they relate to the themes of the
Heritage Area.
(2) A recommendation of policies for resource management
that consider and detail the application of appropriate
management techniques, including cooperative agreements to
manage the historical, cultural, and natural resources and
recreational opportunities for the Heritage Area in a manner
consistent with appropriate and compatible economic viability.
(3) A program for implementation of the heritage plan.
(4) An analysis of means by which Federal, State, and local
programs may best be coordinated to promote the purposes of
this subtitle.
(5) An interpretive plan for the Heritage Area.
(d) Consideration by Secretary.--
(1) Approval or disapproval.--Not later than 60 days after
receipt of the heritage plan submitted under subsection (a),
the Secretary shall approve or disapprove the heritage plan. If
the Secretary has taken no action within 60 days after receipt,
the heritage plan shall be considered to be approved.
(2) Effect of disapproval.--If the Secretary disapproves
the heritage plan, the Secretary shall advise the Heritage
Council, in writing, of the reasons for the disapproval and
shall make recommendations for revision of the heritage plan.
(3) Resubmission.--Not later than 60 days after receipt of
a revised heritage plan, the Secretary shall approve or
disapprove the proposed revisions to the heritage plan. If the
Secretary has taken no action within 60 days after receipt, the
heritage plan shall be considered approved.
SEC. 1557. IMPLEMENTATION OF HERITAGE PLAN.
(a) Priorities.--The Heritage Council shall give priority to the
implementation of actions, goals, and policies set forth in the
heritage plan for the Heritage Area, including assisting units of
government, regional planning organizations, and nonprofit
organizations and others in the following:
(1) Conserving the natural and cultural resources in the
Heritage Area.
(2) Establishing and maintaining interpretive exhibits and
joint site stewardship programs in the Heritage Area.
(3) Developing recreational opportunities in the Heritage
Area.
(4) Increasing public awareness of and appreciation for the
natural, historical, and cultural resources of the Heritage
Area.
(5) The restoration of historic buildings that are located
within the boundaries of the Heritage Area and related to the
themes of the Heritage Area.
(6) Ensuring that clear, consistent, and esthetically
appropriate signs identifying access points and sites of
interest are put in place throughout the Heritage Area.
(7) Encouraging and soliciting the development of heritage
products and activities consistent with the goals of the
heritage plan, thereby preserving the heritage while
strengthening future economic viability in the affected
communities by appropriate means.
(b) Consideration of Interests of Local Groups.--When preparing and
implementing the heritage plan for the Heritage Area, the Heritage
Council shall consider the interests of diverse units of government,
businesses, private property owners, and nonprofit groups within the
Heritage Area.
(c) Public Meetings.--The Heritage Council shall, conduct public
meetings at least annually regarding the implementation of the heritage
plan.
(d) Annual Reports.--The Heritage Council shall, for any fiscal
year in which it receives Federal funds under this subtitle or in which
a loan made by the Heritage Council with Federal funds under section
1555(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.
(e) Cooperation With Audits.--The Heritage Council shall, for any
year in which it receives Federal funds under this subtitle or in which
a loan made by the Heritage Council with Federal funds under section
1555(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.
SEC. 1558. DUTIES AND AUTHORITIES OF THE SECRETARY AND OTHER FEDERAL
AGENCIES.
(a) Provision of Technical Assistance and Financial Assistance.--
The Secretary may provide technical assistance and, subject to the
availability of appropriations, financial assistance in the form of
grants--
(1) to the Heritage Council, regarding preparation and
implementation of the heritage plan; and
(2) to units of government, nonprofit organizations, and
other persons upon request of the Heritage Council.
(b) 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 grant to
enact or modify land use restrictions.
(c) 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 plan and achieves the purposes of this subtitle. Such
decisions shall give consideration to projects which provide a greater
leverage of Federal funds.
(d) 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.
(e) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this subsection.
(f) Duties of Other Federal Agencies.--Federal agencies having
jurisdiction within the Heritage Area shall ensure that historic
resources and the heritage plan are taken into consideration at all
levels of planning, and shall consult with the Heritage Council on any
activities that may adversely affect heritage resources or the
objectives of the heritage plan in an effort to minimize the adverse
effects of the activity on the Heritage Area.
SEC. 1559. LACK OF EFFECT ON LAND USE REGULATIONS AND PRIVATE PROPERTY.
(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, or local governments to regulate any use
of land as provided for by 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
Heritage Council for the Heritage Area.
(c) Local Authority and Private Property Not Affected.--Nothing in
this subtitle shall be construed to affect or to authorize the Heritage
Council 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 Utah or political subdivision thereof.
(d) Lack of Effect on BLM and U.S. Forest Service Authority.--
(1) In general.--Nothing in this subtitle shall be
construed to modify, enlarge, or diminish the authority of the
Secretary, the Bureau of Land Management, the Secretary of
Agriculture, or the United States Forest Service with respect
to lands under the administrative jurisdiction of these
agencies.
(2) Cooperation.--In carrying out this subtitle, the
Secretary shall work cooperatively under the Federal Land
Policy and Management Act of 1976 with the United States Forest
Service, the Heritage Council established under section 1555,
State and local governments, and private entities.
(e) Lack of Effect on Fish and Wildlife Management.--Nothing in
this subtitle shall be construed to modify, enlarge or diminish the
authority of the State of Utah to manage fish and wildlife, including
the regulation of fishing and hunting within the Heritage Area.
SEC. 1560. SUNSET.
The Secretary may not make any grant or provide any assistance
under this subtitle after September 30, 2022.
SEC. 1561. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated under this
subtitle not more than $1,000,000 annually, to remain available until
expended. Not more than a total of $10,000,000 may be appropriated for
the Heritage Area under this subtitle.
(b) 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).
(c) 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 F--Cedar Creek and Belle Grove National Historical Park
SEC. 1571. SHORT TITLE.
This subtitle may be cited as the ``Cedar Creek and Belle Grove
National Historical Park Act''.
SEC. 1572. PURPOSE.
The purpose of this subtitle is to establish the Cedar Creek and
Belle Grove National Historical Park in order to--
(1) help preserve, protect, and interpret a nationally
significant Civil War landscape and antebellum plantation for
the education, inspiration, and benefit of present and future
generations;
(2) tell the rich story of Shenandoah Valley history from
early settlement through the Civil War and beyond, and the
Battle of Cedar Creek and its significance in the conduct of
the war in the Shenandoah Valley;
(3) preserve the significant historic, natural, cultural,
military, and scenic resources found in the Cedar Creek
Battlefield and Belle Grove Plantation areas through
partnerships with local landowners and the community; and
(4) serve as a focal point to recognize and interpret
important events and geographic locations within the Shenandoah
Valley Battlefields National Historic District representing key
Civil War battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stonewall) Jackson
campaign of 1862 and the decisive campaigns of 1864.
SEC. 1573. FINDINGS.
Congress finds the following:
(1) The Battle of Cedar Creek, also known as the battle of
Belle Grove, was a major event of the Civil War and the history
of this country. It represented the end of the Civil War's
Shenandoah Valley campaign of 1864 and contributed to the
reelection of President Abraham Lincoln and the eventual
outcome of the war.
(2) 2,500 acres of the Cedar Creek Battlefield and Belle
Grove Plantation were designated a national historic landmark
in 1969 because of their ability to illustrate and interpret
important eras and events in the history of the United States.
The Cedar Creek Battlefield, Belle Grove Manor House, the
Heater House, and Harmony Hall (a National Historic Landmark)
are also listed on the Virginia Landmarks Register.
(3) The Secretary of the Interior has approved the
Shenandoah Valley Battlefields National Historic District
Management Plan and the National Park Service Special Resource
Study, both of which recognized Cedar Creek Battlefield as the
most significant Civil War resource within the historic
district. The management plan, which was developed with
extensive public participation over a 3-year period and is
administered by the Shenandoah Valley Battlefields Foundation,
recommends that Cedar Creek Battlefield be established as a new
unit of the National Park System.
(4) The Cedar Creek Battlefield Foundation, organized in
1988 to preserve and interpret the Cedar Creek Battlefield and
the 1864 Valley Campaign, has acquired 308 acres of land within
the boundaries of the National Historic Landmark. The
foundation annually hosts a major reenactment and living
history event on the Cedar Creek Battlefield.
(5) Belle Grove Plantation is a Historic Site of the
National Trust for Historic Preservation that occupies 383
acres within the National Historic Landmark. The Belle Grove
Manor House was built by Isaac Hite, a Revolutionary War
patriot married to the sister of President James Madison, who
was a frequent visitor at Belle Grove. President Thomas
Jefferson assisted with the design of the house. During the
Civil War Belle Grove was at the center of the decisive battle
of Cedar Creek. Belle Grove is managed locally by Belle Grove,
Incorporated, and has been open to the public since 1967. The
house has remained virtually unchanged since it was built in
1797, offering visitors an experience of the life and times of
the people who lived there in the 18th and 19th centuries.
(6) The panoramic views of the mountains, natural areas,
and waterways provide visitors with an inspiring setting of
great natural beauty. The historic, natural, cultural,
military, and scenic resources found in the Cedar Creek
Battlefield and Belle Grove Plantation areas are nationally and
regionally significant.
(7) The existing, independent, not-for-profit organizations
dedicated to the protection and interpretation of the resources
described above provide the foundation for public-private
partnerships to further the success of protecting, preserving,
and interpreting these resources.
(8) None of these resources, sites, or stories of the
Shenandoah Valley are protected by or interpreted within the
National Park System.
SEC. 1574. DEFINITIONS.
In this subtitle:
(1) Commission.--The term ``Commission'' means the Cedar
Creek and Belle Grove National Historical Park Advisory
Commission established by section 1579.
(2) Map.--The term ``Map'' means the map entitled
``Boundary Map Cedar Creek and Belle Grove National Historical
Park'', numbered CEBE-80,001, and dated September 2002.
(3) Park.--The term ``Park'' means the Cedar Creek and
Belle Grove National Historical Park established under section
1575 and depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1575. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park, consisting of approximately 3,000
acres, as generally depicted on the Map.
(b) Availability of Map.--The Map shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior.
SEC. 1576. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land or interests in
land within the boundaries of the Park, from willing owners only, by
donation, purchase with donated or appropriated funds, or exchange.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary of the Park to include newly
acquired land within the boundary; and
(2) administer newly acquired land subject to applicable
laws (including regulations).
(c) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, interpretation of the Park.
(d) Conservation Easements and Covenants.--The Secretary is
authorized to acquire conservation easements and enter into covenants
regarding lands in or adjacent to the Park from willing owners only.
Such conservation easements and covenants shall have the effect of
protecting the scenic, natural, and historic resources on adjacent
lands and preserving the natural or historic setting of the Park when
viewed from within or outside the Park.
(e) Support Facilities.--The National Park Service is authorized to
acquire from willing owners, land outside the Park boundary but in
close proximity to the Park, for the development of visitor,
administrative, museum, curatorial, and maintenance facilities.
SEC. 1577. ADMINISTRATION.
The Secretary shall administer the Park in accordance with this
subtitle and the provisions of law generally applicable to units of the
National Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(2) 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.).
SEC. 1578. MANAGEMENT OF PARK.
(a) Management Plan.--The Secretary, in consultation with the
Commission, shall prepare a management plan for the Park. In
particular, the management plan shall contain provisions to address the
needs of owners of non-Federal land, including independent nonprofit
organizations within the boundaries of the Park.
(b) Submission of Plan to Congress.--Not later than 3 years after
the date of the enactment of this subtitle, the Secretary shall submit
the management plan for the Park to the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
SEC. 1579. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK
ADVISORY COMMISSION.
(a) Establishment.--There is established the Cedar Creek and Belle
Grove National Historical Park Advisory Commission.
(b) Duties.--The Commission shall--
(1) advise the Secretary in the preparation and
implementation of a general management plan described in
section 1578; and
(2) advise the Secretary with respect to the identification
of sites of significance outside the Park boundary deemed
necessary to fulfill the purposes of this subtitle.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary so as to include the
following:
(A) 1 representative from the Commonwealth of
Virginia.
(B) 1 representative each from the local
governments of Strasburg, Middletown, Frederick County,
Shenandoah County, and Warren County.
(C) 2 representatives of private landowners within
the Park.
(D) 1 representative from a citizen interest group.
(E) 1 representative from the Cedar Creek
Battlefield Foundation.
(F) 1 representative from Belle Grove,
Incorporated.
(G) 1 representative from the National Trust for
Historic Preservation.
(H) 1 representative from the Shenandoah Valley
Battlefields Foundation.
(I) 1 ex-officio representative from the National
Park Service.
(J) 1 ex-officio representative from the United
States Forest Service.
(2) Chairperson.--The Chairperson of the Commission shall
be elected by the members to serve a term of one year renewable
for one additional year.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(4) Terms of service.--
(A) In general.--Each member shall be appointed for
a term of 3 years and may be reappointed for not more
than 2 successive terms.
(B) Initial members.--Of the members first
appointed under paragraph (1), the Secretary shall
appoint--
(i) 4 members for a term of 1 year;
(ii) 5 members for a term of 2 years; and
(iii) 6 members for a term of 3 years.
(5) Extended service.--A member may serve after the
expiration of that member's term until a successor has taken
office.
(6) Majority rule.--The Commission shall act and advise by
affirmative vote of a majority of its members.
(7) Meetings.--The Commission shall meet at least quarterly
at the call of the chairperson or a majority of the members of
the Commission.
(8) Quorum.--8 members shall constitute a quorum.
(d) Compensation.--Members shall serve without pay. Members who are
full-time officers or employees of the United States, the Commonwealth
of Virginia, or any political subdivision thereof shall receive no
additional pay on account of their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
(f) Hearings; Public Involvement.--The Commission may, for purposes
of carrying out this subtitle, hold such hearings, sit and act at such
times and places, take such public testimony, and receive such
evidence, as the Commission considers appropriate. The Commission may
not issue subpoenas or exercise any subpoena authority.
SEC. 1580. CONSERVATION OF CEDAR CREEK AND BELLE GROVE NATIONAL
HISTORICAL PARK.
(a) Encouragement of Conservation.--The Secretary and the
Commission shall encourage conservation of the historic and natural
resources within and in proximity of the Park by landowners, local
governments, organizations, and businesses.
(b) Provision of Technical Assistance.--The Secretary may provide
technical assistance to local governments, in cooperative efforts which
complement the values of the Park.
(c) Cooperation by Federal Agencies.--Any Federal entity conducting
or supporting activities directly affecting the Park shall consult,
cooperate, and, to the maximum extent practicable, coordinate its
activities with the Secretary in a manner that--
(1) is consistent with the purposes of this subtitle and
the standards and criteria established pursuant to the general
management plan developed pursuant to section 1578;
(2) is not likely to have an adverse effect on the
resources of the Park; and
(3) is likely to provide for full public participation in
order to consider the views of all interested parties.
SEC. 1581. ENDOWMENT.
(a) In General.--In accordance with the provisions of subsection
(b), the Secretary is authorized to receive and expend funds from an
endowment to be established with the National Park Foundation, or its
successors and assigns.
(b) Conditions.--Funds from the endowment referred to in subsection
(a) shall be expended exclusively as the Secretary, in consultation
with the Commission, may designate for the interpretation,
preservation, and maintenance of the Park resources and public access
areas. No expenditure shall be made pursuant to this section unless the
Secretary determines that such expenditure is consistent with the
purposes of this subtitle.
SEC. 1582. COOPERATIVE AGREEMENTS.
(a) In General.--In order to further the purposes of this subtitle,
the Secretary is authorized to enter into cooperative agreements with
interested public and private entities and individuals (including the
National Trust for Historic Preservation, Belle Grove, Inc., the Cedar
Creek Battlefield Foundation, the Shenandoah Valley Battlefields
Foundation, and the Counties of Frederick, Shenandoah, and Warren),
through technical and financial assistance, including encouraging the
conservation of historic and natural resources of the Park.
(b) Technical and Financial Assistance.--The Secretary may provide
to any person, organization, or governmental entity technical and
financial assistance for the purposes of this subtitle, including the
following:
(1) Preserving historic structures within the Park.
(2) Maintaining the natural or cultural landscape of the
Park.
(3) Local preservation planning, interpretation, and
management of public visitation for the Park.
(4) Furthering the goals of the Shenandoah Valley
Battlefields Foundation related to the Park.
SEC. 1583. ROLES OF KEY PARTNER ORGANIZATIONS.
(a) In General.--In recognition that central portions of the Park
are presently owned and operated for the benefit of the public by key
partner organizations, the Secretary shall acknowledge and support the
continued participation of these partner organizations in the
management of the Park.
(b) Park Partners.--Roles of the current key partners include the
following:
(1) Cedar creek battlefield foundation.--The Cedar Creek
Battlefield Foundation may--
(A) continue to own, operate, and manage the lands
acquired by the Foundation within the Park;
(B) continue to conduct reenactments and other
events within the Park; and
(C) transfer ownership interest in portions of
their land to the National Park Service by donation,
sale, or other means that meet the legal requirements
of National Park Service land acquisitions.
(2) National trust for historic preservation and belle
grove incorporated.--The National Trust for Historic
Preservation and Belle Grove Incorporated may continue to own,
operate, and manage Belle Grove Plantation and its structures
and grounds within the Park boundary. Belle Grove Incorporated
may continue to own the house and grounds known as Bowman's
Fort or Harmony Hall for the purpose of permanent preservation,
with a long-term goal of opening the property to the public.
(3) Shenandoah county.--Shenandoah County may continue to
own, operate, and manage the Keister park site within the Park
for the benefit of the public.
(4) Park community partners.--The Secretary shall cooperate
with the Park's adjacent historic towns of Strasburg and
Middletown, Virginia, as well as Frederick, Shenandoah, and
Warren counties in furthering the purposes of the Park.
(5) Shenandoah valley battlefields foundation.--The
Shenandoah Valley Battlefields Foundation may continue to
administer and manage the Shenandoah Valley Battlefields
National Historic District in partnership with the National
Park Service and in accordance with the Management Plan for the
District in which the Park is located.
SEC. 1584. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle G--Crossroads of the American Revolution National Heritage
Area
SEC. 1585. SHORT TITLE.
This subtitle may be cited as the ``Crossroads of the American
Revolution National Heritage Area Act''.
SEC. 1586. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) New Jersey was of critical importance during the
American Revolution due to its strategic location between the
British armies headquartered in New York City and the
Continental Congress sitting in the City of Philadelphia.
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding troops
of the Continental Army in New Jersey including 2 severe winter
encampments at what is now Morristown National Historical Park,
a unit of the National Park System.
(3) It was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777, when
General Washington, after retreating across New Jersey from New
York City to Pennsylvania in the face of total defeat for the
Nation's cause, recrossed the Delaware River on Christmas
night, 1776, and won crucial battles at Trenton and Princeton.
Thomas Paine, who accompanied the troops during the retreat,
described the events as, ``the times that try men's souls''.
(4) There are situated in the State of New Jersey the sites
of 296 engagements including several important battles of the
American Revolution, which collectively are of significant
importance to the outcome of the overall conflict and the
history of the United States. Among these are National Historic
Landmarks including Washington's Crossing, the Old Trenton
Barracks, and Princeton, Monmouth and Red Bank Battlefields.
(5) Additional national Historic Landmarks include the
homes of Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, all signers of the Declaration of
Independence, Elias Boudinout, President of the Continental
Congress and William Livingston, patriot and Governor of New
Jersey from 1776 to 1790.
(6) Portions of the landscapes important to the strategies
of both armies including waterways, mountains, farms, wetlands,
villages and roadways retain integrity of the period of the
American Revolution and offer outstanding opportunities for
conservation, education, and recreation.
(7) The National Register of Historic Places lists 251
buildings and sites in the National Park Service study area for
Crossroads of the American Revolution associated with the
period of the American Revolution.
(8) Civilian populations residing in New Jersey suffered
extreme hardships during the American Revolution due to the
continuous conflict within its borders, foraging armies, and
marauding contingents of loyalist Tories and rebel
sympathizers.
(9) Because of the important role that New Jersey played in
the successful outcome of the American Revolution there is a
Federal interest for the development of a regional framework to
assist the State of New Jersey, other local organizations and
governments, and private citizens to preserve and protect
natural, cultural, and historic resources of the period and to
bring recognition to this important heritage for the
educational and recreational benefit of this and future
generations of Americans.
(10) The National Park Service has conducted a National
Heritage Feasibility Study in the State of New Jersey that
demonstrates the sufficient assemblage of nationally
distinctive natural, cultural, and historic resources necessary
to establish the Crossroads of the American Revolution National
Heritage Area.
(b) Purposes.--The purposes of this subtitle are as follows:
(1) To build the capacity of communities, organizations,
and citizens in New Jersey to preserve the special historic
identity of the region and its importance to the Nation.
(2) To foster a close working relationship with all levels
of government, the private sector, and the local communities in
New Jersey.
(3) To provide for the management, preservation,
protection, and interpretation of the natural, historic, and
cultural resources of the region for the educational and
inspirational benefit of future generations.
(4) To strengthen the value of Morristown National
Historical Park as an asset to the region by establishing a
network of related historic resources, protected landscapes,
educational opportunities, and events depicting the
revolutionary landscape of New Jersey.
(5) To strengthen partnerships among Morristown National
Historical Park and other public and privately owned resources
in the heritage area, that together represent the strategic
fulcrum of the American Revolution, as assets in the quality of
life in the region.
(6) To authorize Federal financial and technical assistance
to serve these purposes.
SEC. 1587. DEFINITIONS.
For the purposes of this subtitle:
(1) Association.--The term ``Association'' means the
Crossroads of the American Revolution Association, Inc., a
nonprofit corporation in the State of New Jersey.
(2) Boundaries.--The term ``boundaries'' means the
boundaries of the heritage area specified in this subtitle.
(3) Heritage area.--The term ``heritage area'' means the
Crossroads of the American Revolution National Heritage Area as
established in section 1588.
(4) Management plan.--The term ``management plan'' means
the management plan submitted under section 1590.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1588. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE
AREA.
(a) Establishment.--There is established in the State of New Jersey
the Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The boundaries of the heritage area shall include
all those lands and waters depicted on a map entitled ``Crossroads of
the American Revolution National Heritage Area'', numbered CRRE\80,000
and dated April 2002. The map shall be on file in the appropriate
offices of the National Park Service.
(c) Management Entity.--The management entity for the heritage area
shall be the Association.
SEC. 1589. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.
(a) Duties of the Association.--To further the purposes of the of
the heritage area, the Association shall--
(1) prepare and submit a management plan for the heritage
area to the Secretary in accordance with section 1560;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect and enhance important resource
values within the heritage area;
(B) establishing and maintaining interpretive
exhibits and programs within the heritage area;
(C) developing recreational and educational
opportunities in the heritage area;
(D) increasing public awareness of and appreciation
for natural, historic, and cultural resources of the
heritage area;
(E) protecting and restoring historic sites and
buildings in the heritage area that are consistent with
heritage area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
heritage area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further
the purposes of the heritage area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the heritage area
in the preparation and implementation of the management plan;
(4) conduct Association meetings open to the public at
least semiannually regarding the development and implementation
of the management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Association receives Federal funds under this
subtitle, setting forth its accomplishments, expenses, and
income, including grants to any other entities during the year
for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this subtitle, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
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;
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the heritage area; and
(8) maintain its headquarters at Morristown National
Historical Park and in Mercer County.
(b) Authorities.--The Association may, for the purposes of
preparing and implementing the management plan for the heritage area,
use Federal funds made available through this subtitle to--
(1) make grants to the State of New Jersey, its political
subdivisions, nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of New Jersey, its political
jurisdictions, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff which shall include
individuals with expertise in natural, cultural, historic
resources protection, and heritage programming;
(4) obtain money or services from any source, including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the heritage area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
Association may not use Federal funds received under this subtitle to
acquire real property or interests in real property, but may use any
other source of funding, including other Federal funding, intended for
the acquisition of real property.
SEC. 1590. MANAGEMENT PLAN.
(a) In General.--The management plan for the heritage area shall--
(1) include comprehensive polices, strategies and
recommendations for conservation, funding, management, and
development of the heritage area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historic, and cultural resources of the
heritage area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the heritage area in the first
5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic and recreational resources of the
heritage area related to the themes of the heritage area that
should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management which consider and detail the application of
appropriate land and water management techniques including, but
not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the heritage
area's natural, historical, cultural, educational, scenic and
recreational resources;
(7) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation that
have been made by the Association or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role of
the National Park Service in the heritage area, may best be
coordinated to further the purposes of this subtitle; and
(9) include an interpretive plan for the heritage area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The Association shall submit the management
plan to the Secretary for approval within 3 years after funds
are made available for this subtitle.
(2) Termination of funding.--Upon completion of the 3-year
period in this subsection, further funding pursuant to this
subtitle shall only be made available to the Association for
the implementation of the management plan upon approval by the
Secretary as provided in section 1591.
SEC. 1591. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
Association provide technical assistance on a reimbursable or
nonreimbursable basis and financial assistance to the heritage
area to develop and implement the approved management plan. The
Secretary is authorized to enter into cooperative agreements
with the Association and other public or private entities for
this purpose. In assisting the heritage area, the Secretary
shall give priority to actions that in general assist in--
(A) conserving the significant natural, historic,
cultural, and scenic resources of the heritage area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the heritage area.
(2) Other assistance.--Upon request, the Superintendent of
Morristown National Historical Park may provide to public and
private organizations within the heritage area, including the
Association, such operational assistance as appropriate to
support the implementation of the management plan for the
heritage area, subject to the availability of appropriated
funds. The Secretary is authorized to enter into cooperative
agreements with public and private organizations for the
purpose of implementing this subsection.
(3) Preservation of historic properties.--The Secretary may
provide assistance to State or local government or nonprofit
organizations for appropriate treatment of historic objects or
structures listed or eligible for listing on the National
Register of Historic Places to further the purposes of this
subtitle.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria for approval.--In determining to approve the
management plan, the Secretary shall consider whether--
(A) the Board of Directors of the Association is
representative of the diverse interests of the heritage
area including governments, natural and historic
resource protection organizations, education, business,
and recreation;
(B) the Association has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the heritage area;
and
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
Association in writing of the reasons therefore and shall make
recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision
within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved
in the same manner as provided for the original management
plan. The Association shall not use Federal funds authorized by
this subtitle to implement any amendments until the Secretary
has approved the amendments.
SEC. 1592. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the heritage area shall--
(1) consult with the Secretary and the Association with
respect to such activities;
(2) cooperate with the Secretary and the Association in
carrying out their duties under this subtitle and, to the
maximum extent practicable, coordinate such activities with the
carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the association determines
will not have an adverse effect on the heritage area.
SEC. 1593. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of 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
Association under this subtitle.
(b) Matching Funds.--Federal funding provided under this subtitle
may not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this subtitle.
SEC. 1594. SUNSET.
The authority of the Secretary to provide assistance under this
subtitle shall terminate on the day occurring 15 years after the date
of enactment of the Act.
Subtitle H--National Aviation Heritage Area
SEC. 1595. SHORT TITLE; FINDINGS; PURPOSE; DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``National
Aviation Heritage Area Act''.
(b) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world
or our Nation's economy, society, culture, and national
character as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of Ohio's aviation and aerospace industry are nationally
significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and military
aeronautics and astronautics set the foundation for the 20th
century to be an American century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, home, and future of aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation
and aerospace industry in Ohio includes the social history and
living cultural traditions of several generations.
(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 Ohio to merit the involvement of the Federal
Government to develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the State of
Ohio, and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities for
education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the private
sector have greatly assisted the development and preservation
of the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio is
a suitable and feasible management option to increase
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved without
a congressionally established national heritage area and the
support of the National Park Service and other Federal agencies
which own significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would
be an appropriate management entity to oversee the development
of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation
Heritage Commission studies and planning documents ``Study of
Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
Heritage National Historical Park Suitability/Feasibility
Study'', ``Dayton Aviation Heritage General Management Plan'',
``Dayton Historic Resources Preservation and Development
Plan'', and Heritage Area Concept Study (in progress)
demonstrated that sufficient historical resources exist to
establish the National Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal Government
to preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would complement
and enhance the aviation-related resources within the National
Park Service, especially the Dayton Aviation Heritage National
Historical Park, Ohio, and the Wright Brothers National
Memorial, Kitty Hawk, North Carolina.
(c) Purpose.--The purpose of this subtitle is to establish the
Heritage Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage
of certain historic and cultural lands, structures, facilities,
and sites within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality of
life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the Management Plan.
(d) Definitions.--For purposes of this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by Congress and made
available to the management entity for the purpose of preparing
and implementing the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 1596 to
receive, distribute, and account for Federal funds appropriated
for the purpose of this subtitle.
(4) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area developed under
section 1598.
(5) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated (a
nonprofit corporation established under the laws of the State
of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting
the conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
SEC. 1596. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the State of Ohio, and
other areas as appropriate, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, and Champaign Counties in Ohio;
(2) The Neil Armstrong Air & Space Museum, Wapakoneta,
Ohio, and the Wilbur Wright Birthplace and Museum, Millville,
Indiana.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--A map of the Heritage Area shall be included in the
Management Plan. The map shall be on file in the appropriate offices of
the National Park Service, Department of the Interior
(d) Management Entity.--The management entity for the Heritage Area
shall be the Aviation Heritage Foundation.
SEC. 1597. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the Management Plan,
the management entity may use Federal funds made available through this
Act to--
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.-- The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 1598;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area and encouraging local governments to
adopt land use policies consistent with the management of the
Heritage Area and the goals of the Management Plan;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area in
developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(8) conduct public meetings at least quarterly regarding
the implementation of the Management Plan;
(9) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(10) for any year in which Federal funds have been received
under this Act--
(A) submit an annual report to the Secretary that
sets forth the accomplishments of the management entity
and its expenses and income;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds received under this Act to acquire real property
or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds from other sources
for authorized purposes.
SEC. 1598. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit to the
Secretary for approval a proposed Management Plan that shall take into
consideration State and local plans and involve residents, public
agencies, and private organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an integrated
and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the Heritage Area and shall include the
following:
(1) An inventory of the resources contained in the core
area of the Heritage Area, including the Dayton Aviation
Heritage Historical Park, the sites, buildings, and districts
listed in section 202 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), and any other
property in the Heritage Area that is related to the themes of
the Heritage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(2) An assessment of cultural landscapes within the
Heritage Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
the purposes of this Act.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the
partners to promote heritage tourism and to develop
educational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the
first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed Management Plan
is not submitted to the Secretary within 3 years of the date of the
enactment of this Act, the management entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary receives the proposed Management Plan.
(d) Approval and Disapproval of Management Plan.--The Secretary, in
consultation with the State of Ohio, shall approve or disapprove the
proposed Management Plan submitted under this Act not later than 90
days after receiving such proposed Management Plan.
(e) Action Following Disapproval.--If the Secretary disapproves a
proposed Management Plan, the Secretary shall advise the management
entity in writing of the reasons for the disapproval and shall make
recommendations for revisions to the proposed Management Plan. The
Secretary shall approve or disapprove a proposed revision within 90
days after the date it is submitted.
(f) Approval of Amendments.--The Secretary shall review and approve
substantial amendments to the Management Plan. Funds appropriated under
this Act may not be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 1599. DUTIES AND AUTHORITIES OF THE FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request of the
management entity, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Heritage Area to develop and implement the Management Plan. The
Secretary is authorized to enter into cooperative agreements with the
management entity and other public or private entities for this
purpose. In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the Heritage
Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 1599A. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
DEFENSE AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this subtitle as it
applies to properties under the control of the Secretary of Defense and
the Administrator of the National Aeronautics and Space Administration
shall be made by such Secretary or such Administrator, in consultation
with the Secretary of the Interior.
SEC. 1599B. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this subtitle there is authorized to
be appropriated $10,000,000, except that not more than $1,000,000 may
be appropriated to carry out this subtitle for any fiscal year.
(b) 50 Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this subtitle shall not
exceed 50 percent.
(c) Other Federal Funds.--Other Federal funding received by the
management entity for the implementation of this Act shall not be
counted toward the authorized appropriation.
SEC. 1599C. SUNSET PROVISION.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of the
enactment of this subtitle.
TITLE VI--LAND ACQUISITIONS, EXCHANGES, AND CONVEYANCES
Subtitle A--Desert Tortoise Habitat Conservation
SEC. 1600. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.
(a) In General.--Notwithstanding any other provision of law,
effective 30 days after the date of the enactment of this subtitle, all
right, title, and interest in and to, and the right to immediate
possession of, the 1,516 acres of real property owned by Environmental
Land Technology, Ltd. (ELT), within the Red Cliffs Reserve in
Washington County, Utah, and the 34 acres of real property owned by ELT
which is adjacent to the land within the Reserve but is landlocked as a
result of the creation of the Reserve, is hereby vested in the United
States.
(b) Compensation for Property.--Subject to section 309(f) of the
Omnibus Parks and Public Lands Management of 1996 (Public Law 104-333),
the United States shall pay just compensation to the owner of any real
property taken pursuant to this section, determined as of the date of
the enactment of this subtitle. An initial payment of $15,000,000 shall
be made to the owner of such real property not later than 30 days after
the date of taking. The full faith and credit of the United States is
hereby pledged to the payment of any judgment entered against the
United States with respect to the taking of such property. Payment
shall be in the amount of--
(1) the appraised value of such real property as agreed to
by the land owner and the United States, plus interest from the
date of the enactment of this subtitle; or
(2) the valuation of such real property awarded by
judgment, plus interest from the date of the enactment of this
subtitle, reasonable costs and expenses of holding such
property from February 1990 to the date of final payment,
including damages, if any, and reasonable costs and attorneys
fees, as determined by the court. Payment shall be made from
the permanent judgment appropriation established pursuant to
section 1304 of title 31, United States Code, or from another
appropriate Federal Government fund.
Interest under this subsection shall be compounded in the same manner
as provided for in section 1(b)(2)(B) of the Act entitled ``An Act to
preserve within Manassas National Battlefield Park, Virginia, the most
important properties relating to the battle of Manassas, and for other
purposes'', approved April 17, 1954 (16 U.S.C. 429b(b)(2)(B)), except
that the reference in that provision to ``the date of the enactment of
the Manassas National Battlefield Park Amendments of 1988'' shall be
deemed to be a reference to the date of the enactment of this subtitle.
(c) Determination by Court in Lieu of Negotiated Settlement.--In
the absence of a negotiated settlement, or an action by the owner, the
Secretary of the Interior shall initiate within 90 days after the date
of the enactment of this section a proceeding in the United States
Federal District Court for the District of Utah, seeking a
determination, subject to section 309(f) of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), of the value
of the real property, reasonable costs and expenses of holding such
property from February 1990 to the date of final payment, including
damages, if any, and reasonable costs and attorneys fees.
Subtitle B--Property for Cumberland Gap National Historical Park
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Fern Lake Conservation and
Recreation Act''.
SEC. 1602. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Fern Lake and its surrounding watershed in Bell County,
Kentucky, and Claiborne County, Tennessee, is within the
potential boundaries of Cumberland Gap National Historical Park
as originally authorized by the Act of June 11, 1940 (54 Stat.
262; 16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle Overlook,
which is one of the park's most valuable scenic resources and
most popular attractions, and enhance recreational
opportunities at the park.
(3) Fern Lake is the water supply source for the city of
Middlesboro, Kentucky, and environs.
(4) The 4500-acre Fern Lake watershed is privately owned,
and the 150-acre lake and part of the watershed are currently
for sale, but the Secretary of the Interior is precluded by the
first section of the Act of June 11, 1940 (16 U.S.C. 261), from
using appropriated funds to acquire the lands.
(b) Purposes.--The purposes of the Act are--
(1) to authorize the Secretary of the Interior to use
appropriated funds if necessary, in addition to other
acquisition methods, to acquire from willing sellers Fern Lake
and its surrounding watershed, in order to protect scenic and
natural resources and enhance recreational opportunities at
Cumberland Gap National Historical Park; and
(2) to allow the continued supply of water from Fern Lake
to the city of Middlesboro, Kentucky, and environs.
SEC. 1603. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL
HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Fern lake.--The term ``Fern Lake'' means Fern Lake
located in Bell County, Kentucky, and Claiborne County,
Tennessee.
(2) Land.--The term ``land'' means land, water, interests
in land, and any improvements on the land.
(3) Park.--The term ``park'' means Cumberland Gap National
Historical Park, as authorized and established by the Act of
June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Acquisition Authorized.--The Secretary may acquire for addition
to the park lands consisting of approximately 4,500 acres and
containing Fern Lake and its surrounding watershed, as generally
depicted on the map entitled ``Cumberland Gap National Historical Park,
Fern Lake Watershed'', numbered 380/80,004, and dated May 2001. The map
shall be on file in the appropriate offices of the National Park
Service.
(c) Authorized Acquisition Methods.--
(1) In general.--Notwithstanding the Act of June 11, 1940
(16 U.S.C. 261 et seq.), the Secretary may acquire lands
described in subsection (b) by donation, purchase with donated
or appropriated funds, or exchange. However, the lands may be
acquired only with the consent of the owner.
(2) Easements.--At the discretion of the Secretary, the
Secretary may acquire land described in subsection (b) that is
subject to an easement for water supply facilities and
equipment associated with the withdrawal and delivery of water
by a utility from Fern Lake to the city of Middlesboro,
Kentucky, and environs.
(d) Boundary Adjustment and Administration.--Upon the acquisition
of land under this section, the Secretary shall revise the boundaries
of the park to include the land in the park. Subject to subsection (e),
the Secretary shall administer the acquired lands as part of the park
in accordance with the laws and regulations applicable to the park.
(e) Special Issues Related to Fern Lake.--
(1) Protection of water supply.--The Secretary shall manage
public recreational use of Fern Lake, if acquired by the
Secretary, in a manner that is consistent with the protection
of the lake as a source of untreated water for the city of
Middlesboro, Kentucky, and environs.
(2) Sale of water.--
(A) Contract with utility.--Upon the Secretary's
acquisition of land that includes Fern Lake, the
Secretary shall enter into a contract to sell untreated
water from the lake to a utility that delivers and
distributes water to the city of Middlesboro, Kentucky,
and environs. The Secretary shall ensure that the terms
and conditions of the contract are equitable, ensuring
a balance between the protection of park resources and
the delivery and distribution of sufficient water to
continue meeting the water demands of the city of
Middlesboro, Kentucky, and environs.
(B) Proceeds from water.--The Secretary shall
negotiate a reasonable return to the United States for
the sale of the water, which the Secretary may receive
in the form of reduced charges for water service.
Proceeds from the sale of the water, reduced by any
offsets for water service to the park, shall be
available for expenditure by the Secretary at the park
without further appropriation.
(f) Consultation Requirements.--In order to better manage Fern Lake
and its surrounding watershed, if acquired by the Secretary, in a
manner that will facilitate the provision of water for municipal needs
as well as the establishment and promotion of new recreational
opportunities made possible by the addition of Fern Lake to the park,
the Secretary shall consult with--
(1) appropriate officials in the States of Kentucky,
Tennessee, and Virginia, and political subdivisions of these
States;
(2) organizations involved in promoting tourism in these
States; and
(3) other interested parties.
Subtitle C--Sand Mountain Wilderness Study Area
SEC. 1611. LAND CONVEYANCE, SAND MOUNTAIN WILDERNESS STUDY AREA, IDAHO.
(a) Conveyance Authorized.--Notwithstanding section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the
Secretary of the Interior may convey to the owner of the Sand Hills
Resort in the State of Idaho (in this section referred to as the ``Sand
Hills Resort''), all right, title, and interest of the United States in
and to a parcel of land consisting of approximately 10.23 acres of
public land in the Sand Mountain Wilderness Study Area (#ID 35-3) of
the Bureau of Land Management in the State of Idaho, as more fully
described in subsection (b).
(b) Description of Land.--The public land to be conveyed under
subsection (a) is lot 8 in section 19, township 8 north, range 40 east,
Boise meridian, Idaho.
(c) Consideration.--As consideration for the conveyance of the land
under subsection (a), the Sand Hills Resort shall pay to the Secretary
an amount equal to the fair market value of the land, as valued by
qualified land appraisal.
(d) Exemption From Interim Management Policy.--To facilitate the
conveyance authorized by subsection (a), the land to be conveyed is
exempt from all requirements of the Interim Management Policy for Lands
Under Wilderness Review of the Bureau of Land Management.
SEC. 1612. ADDITIONAL TERMS AND CONDITIONS.
The Secretary may require such additional terms and conditions in
connection with the conveyance under subsection (a) of section 1 as the
Secretary considers appropriate to protect the interests of the United
States.
Subtitle D--Shooting Range in Nevada
SEC. 1621. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.
(a) Findings.--The Congress finds that--
(1) the Las Vegas area has experienced such rapid growth in
the last few years that traditional locations for target
shooting are now too close to populated areas for safety;
(2) there is a need to designate a centralized location in
the Las Vegas Valley where target shooters can practice safely;
and
(3) a central facility is also needed for persons training
in the use of firearms, such as local law enforcement and
security personnel.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide a suitable location for the establishment of
a centralized shooting facility in the Las Vegas Valley; and
(2) to provide the public with--
(A) opportunities for education and recreation; and
(B) a location for competitive events and
marksmanship training.
(c) Conveyance.--As soon as practicable after the date of enactment
of this subtitle, the Secretary of the Interior shall convey to Clark
County, Nevada, subject to valid existing rights, for no consideration,
all right, title, and interest of the United States in and to the
parcels of land described in subsection (d).
(d) Land Descriptions.--The parcels of land to be conveyed under
subsection (c) are the parcels of land that are described as follows:
(1) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 25, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(2) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 26, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(3) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 27, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(4) Approximately 640 acres of land in Clark County,
Nevada, in sec. 34, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(5) Approximately 640 acres of land in Clark County,
Nevada, in sec. 35, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(6) Approximately 640 acres of land in Clark County,
Nevada, in sec. 36, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(e) Use of Land.--
(1) In general.--The parcels of land conveyed under
subsection (c)--
(A) shall be used by Clark County for the purposes
described in subsection (b) only; and
(B) shall not be disposed of by the county.
(2) Reversion.--If Clark County ceases to use any parcel
for the purposes described in subsection (b)--
(A) title to the parcel shall revert to the United
States, at the option of the United States; and
(B) Clark County, Nevada, shall be responsible for
any reclamation necessary to revert the parcel to the
United States.
(f) Additional Terms and Conditions.--The Secretary of the Interior
may require such additional terms and conditions in connection with the
conveyance as the Secretary considers appropriate to protect the
interests of the United States.
(g) Release of Land.--The Congress--
(1) finds that the parcels of land conveyed under
subsection (c), comprising a portion of the Quail Springs
Wilderness Study Area, NV-050-411, managed by the Bureau of
Land Management and reported to the Congress in 1991, have been
adequately studied for wilderness designation under section 603
of the Federal Land Management Policy Act of 1976 (43 U.S.C.
1782); and
(2) declares that those parcels are no longer subject to
the requirements contained in subsection (c) of that section
pertaining to the management of wilderness study areas in a
manner that does not impair the suitability of such areas for
preservation as wilderness.
(h) Administrative Costs.--The Secretary shall require that Clark
County, Nevada, pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents of and
transfer of title to property under this section.
Subtitle E--McLoughlin House Preservation
SEC. 1631. DEFINITIONS.
For the purposes of this subtitle, the following definitions shall
apply:
(1) Association.--The term ``Association'' means the
McLoughlin Memorial Association, an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(2) City.--The term ``City'' means Oregon City, Oregon.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1632. FINDINGS.
Congress finds the following:
(1) On June 27, 1941, Acting Assistant Secretary of the
Interior W.C. Mendenhall, under the authority granted the
Secretary under section 2 of the Historic Sites, Buildings and
Antiquities Act (16 U.S.C. 461 et seq.), established the
McLoughlin Home National Historic Site located in the City.
(2) Since January 16, 1945, the site has been known as
McLoughlin House National Historic Site.
(3) The McLoughlin House National Historic Site includes
both the McLoughlin House and Barclay House, which are owned
and managed by the Association.
(4) The McLoughlin House National Historic Site is located
in a Charter Park on Oregon City Block 40, which is owned by
the City.
(5) A cooperative agreement was made in 1941 among the
Association, the City, and the United States, providing for the
preservation and use of the McLoughlin House as a national
historic site.
(6) The Association has had an exemplary and longstanding
role in the stewardship of the McLoughlin House National
Historic Site but is unable to continue that role.
(7) The McLoughlin House National Historic Site has a
direct relationship with Fort Vancouver National Historic Site
due to Dr. John McLoughlin's importance as the Chief Factor of
the Hudson Bay Company's Fort Vancouver, the headquarters for
the Hudson Bay Company's Columbia Department, and his
subsequent role in the early history of the settlement of the
Oregon Territory to the extent that he is known as the ``Father
of Oregon''.
(8) The McLoughlin House National Historic Site has been an
affiliated area of the National Park System and is worthy of
recognition as part of the Fort Vancouver National Historic
Site.
SEC. 1633. BOUNDARY OF FORT VANCOUVER NATIONAL HISTORIC SITE.
In recognition of the Secretary's role and responsibilities since
June 27, 1941, and in order to preserve the McLoughlin House National
Historic Site, the Secretary is authorized to acquire the McLoughlin
House, consisting of approximately 1 acre, as generally depicted on the
map entitled ``McLoughlin National Historic Site'', numbered 007/
80,000, and dated 12/01/01, as an addition to the Fort Vancouver
National Historic Site. The map shall be on file and available for
inspection in the appropriate offices of the National Park Service,
Department of the Interior.
SEC. 1634. ACQUISITION AND ADMINISTRATION.
(a) Acquisition.--The Secretary is authorized to acquire the
McLoughlin House from willing owners only, by donation, purchase with
donated or appropriated funds, or exchange, except that lands or
interests in lands owned by the City may be acquired by donation only.
(b) Administration.--The Secretary shall administer the McLoughlin
House as an addition to Fort Vancouver National Historic Site in
accordance with the provisions of law generally applicable to units of
the National Park System.
Subtitle F--Red Rock Canyon National Conservation Area Protection and
Enhancement
SEC. 1641. SHORT TITLE.
This subtitle may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
SEC. 1642. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Corporation.--The term ``Corporation'' means The Howard
Hughes Corporation, an affiliate of the Rouse Company, with its
principal place of business at 10000 West Charleston Boulevard,
Las Vegas, Nevada.
(2) Red rock.--The term ``Red Rock'' means the Red Rock
Canyon National Conservation Area, consisting of approximately
195,780 acres of public lands in Clark County, Nevada,
specially designated for protection in the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C.
460ccc et seq.), as depicted on the Red Rock Map.
(3) Red rock map.--The term ``Red Rock Map'' means the map
entitled ``H.R. 4141-Boundary Modifications'', dated July 1,
2002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1643. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Red Rock is a natural resource of major significance to
the people of Nevada and the United States. It must be
protected in its natural state for the enjoyment of future
generations of Nevadans and Americans, and enhanced wherever
possible.
(2) In 1998, the Congress enacted the Southern Nevada
Public Lands Management Act of 1998 (Public Law 105-263), which
provided among other things for the protection and enhancement
of Red Rock.
(3) The Corporation owns much of the private land on Red
Rock's eastern boundary, and is engaged in developing a large-
scale master-planned community.
(4) Included in the Corporation's land holdings are 1,071
acres of high-ground lands at the eastern edge of Red Rock.
These lands were intended to be included in Red Rock, but to
date have not been acquired by the United States. The
protection of this high-ground acreage would preserve an
important element of the western Las Vegas Valley view-shed.
(5) The Corporation has volunteered to forgo development of
the high-ground lands, and proposes that the United States
acquire title to the lands so that they can be preserved in
perpetuity to protect and expand Red Rock.
(b) Purposes.--This subtitle has the following purposes:
(1) To accomplish an exchange of lands between the United
States and the Corporation that would transfer certain high-
ground lands to the United States in exchange for the transfer
of other lands of approximately equal value to the Corporation.
(2) To protect Red Rock and to expand its boundaries as
contemplated by the Bureau of Land Management, as depicted on
the Red Rock Map.
(3) To further fulfill the purposes of the Southern Nevada
Public Lands Management Act of 1998 and the Red Rock Canyon
National Conservation Area Establishment Act of 1990.
SEC. 1644. RED ROCK LAND EXCHANGE.
(a) Acquisition Requirement.--If the Corporation offers to convey
to the United States all right, title, and interest in and to the
approximately 1,082 acres of nonfederal land owned by the Corporation
and depicted on the Red Rock Map as ``OFFERED LANDS TO BE INCORPORATED
INTO NCA'', the Secretary shall accept such offer on behalf of the
United States, and not later than 90 days after the date of the offer,
except as otherwise provided in this subtitle, shall make the following
conveyances:
(1) To the Corporation, the approximately 998 acres of
Federal lands depicted on the Red Rock Map as ``BLM LANDS
SELECTED FOR EXCHANGE''.
(2) To Clark County, Nevada, the approximately 1,221 acres
of Federal lands depicted on the Red Rock Map as ``BLM LANDS
FOR CLARK COUNTY PARK''.
(b) Simultaneous Conveyances.--Title to the private property and
the Federal property to be conveyed pursuant to this section shall be
conveyed at the same time.
(c) Map.--The Secretary shall keep the Red Rock Map on file and
available for public inspection in the Las Vegas District Office of the
Bureau of Land Management in Nevada, and the State Office of the Bureau
of Land Management, Reno, Nevada.
(d) Conditions--
(1) Hazardous materials.--As a condition of the conveyance
under subsection (a)(1), the Secretary shall require that the
Corporation be responsible for removal of and remediation
related to any hazardous materials that are present on the
property conveyed to the United States under subsection (a).
(2) Survey.--As a condition of the conveyance under
subsection (a)(1), the Secretary shall require that not later
than 90 days after the date of the offer referred to in
subsection (a), the Corporation shall provide a metes and
bounds survey, that is acceptable to the Corporation, Clark
County, and the Secretary, of the common boundary between the
parcels of land to be conveyed under subsection (a).
(3) Lands conveyed to clark county.--As a condition of the
conveyance under subsection (a)(2), the Secretary shall require
that--
(A) the lands transferred to Clark County by the
United States must be held in perpetuity by the County
for use only as a public park or as part of a public
regional trail system; and
(B) if the County attempts to transfer the lands or
to undertake a use on the lands that is inconsistent
with their preservation and use as described in
subparagraph (A), such lands shall revert to the United
States.
SEC. 1645. STATUS AND MANAGEMENT OF LANDS.
(a) Inclusion of Basin Lands.--Upon the date of the enactment of
this subtitle, the Secretary shall administer the lands depicted on the
Red Rock Map as ``Flood Control Detention Basin Lands'', exclusive of
those lands used for the Corps of Engineers R-4 Detention Basin, as
part of Red Rock and in accordance with the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.),
the Southern Nevada Public Lands Management Act of 1998 (Public Law
105-263), and all other applicable laws.
(b) Inclusion of Acquired Lands; Maps Reflecting Boundary
Adjustments.--Upon acquisition by the United States of lands under this
subtitle, the Secretary shall--
(1) administer the lands as part of Red Rock and in
accordance with the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the
Southern Nevada Public Lands Management Act of 1998 (Public Law
105-263), and all other applicable laws; and
(2) create new maps showing the boundaries of Red Rock as
modified by or pursuant to this subtitle, and make such maps
available for review at the Las Vegas District Office of the
Bureau of Land Management and the State Office of the Bureau of
Land Management, Reno, Nevada.
(c) Conforming Amendment.--Section 3(a)(2) of the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-
1(a)(2)) is amended by inserting before the period the following: ``,
and such additional areas as are included in the conservation area
pursuant to the Red Rock Canyon National Conservation Area Protection
and Enhancement Act of 2002''.
SEC. 1646. GENERAL PROVISIONS.
(a) Review of Appraisal.--Not later than 90 days after the date of
the enactment of this subtitle, the Secretary shall complete a review
of the appraisal entitled ``Complete Self-Contained Appraisal Red Rock
Exchange, Las Vegas, Nevada'', completed on or about June 3, 2002. The
difference in appraisal values shall be reimbursed to the Secretary by
the Corporation in accordance with the Southern Nevada Public Lands
Management Act of 1998.
(b) Valid Existing Rights.--The land exchange under this subtitle
shall be subject to valid existing rights. Each party to which property
is conveyed under this subtitle shall succeed to the rights and
obligations of the conveying party with respect to any lease, right-of-
way, permit, or other valid existing right to which the property is
subject.
(c) Technical Corrections.--Nothing in this subtitle prohibits the
parties to the conveyances under this subtitle from agreeing to the
correction of technical errors or omissions in the Red Rock Map.
(d) Withdrawal of Affected Lands.--To the extent not already
accomplished under law or administrative action, the Secretary shall
withdraw from operation of the public land and mining laws, subject to
valid existing rights--
(1) those Federal lands acquired by the United States under
this subtitle; and
(2) those Federal lands already owned by the United States
on the date of the enactment of this subtitle but included
within the Red Rock National Conservation Area boundaries by
this subtitle.
Subtitle G--Federal-Utah State Trust Lands Consolidation
SEC. 1651. SHORT TITLE.
This subtitle may be cited as the ``Federal-Utah State Trust Lands
Consolidation Act''.
SEC. 1652. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The San Rafael Swell in Utah is a 900-square mile, wild
and beautiful region west of the Green River. The San Rafael
Swell is dominated by the jagged, uplifted San Rafael Reef,
which has nearly two dozen major canyons and many side draws
and box canyons. The San Rafael Swell towers above the desert
like a wilderness castle, ringed by 1,000-foot ramparts of
Navajo sandstone. Its highlands have been fractured by uplift
and scooped hollow by erosion over countless millennia, leaving
a tremendous basin punctuated by mesas, buttes, and canyons and
traversed by sediment-laden desert streams.
(2) The San Rafael Swell region was one of the country's
last frontiers and possesses important natural, historical, and
cultural resources, including exceptional backcountry
recreation opportunities, productive habitat for Desert Bighorn
Sheep, important historical sites, including sections of the
Old Spanish Trail and the Outlaw Trail, significant
paleontological resources, and multiple wilderness study areas
created pursuant to section 603 of the Federal Lands Policy and
Management Act of 1976, or otherwise identified by local
government and conservation interests as having significant
conservation values. 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.
(3) The State of Utah owns approximately 102,871 acres of
land located in the San Rafael Swell region and administered by
the Utah School and Institutional Trust Lands Administration.
These lands were granted by the Congress to the State of Utah
pursuant to the Utah Enabling Act of 1894 (chapter 138; 23
Stat. 107), to be held in trust for the benefit of the State's
public school system and other public institutions. The lands
are largely scattered in checkerboard fashion amidst the
Federal lands comprising the remainder of the San Rafael Swell
area.
(4) Development of surface and mineral resources on State
trust lands within the San Rafael Swell area, or the sale of
such lands into private ownership, could be incompatible with
management of such lands for nonimpairment of their wilderness
characteristics pursuant to section 603(c) of the Federal Land
Policy and Management Act of 1976, with future congressional
designation of the lands as wilderness, or with future
designation of such lands as a national monument, national
heritage area, or other conservation designation.
(5) The State of Utah also owns 3,533 acres of land within
or directly adjacent to the Manti-La Sal National Forest in
Grand and Emery Counties, Utah, and 6,411 acres of land within
the Red Cliffs Desert Reserve, a conservation reserve
established in 1995 by the United States and Washington County,
Utah, to implement a multiple-species habitat conservation plan
approved by the Fish and Wildlife Service under section 10(a)
of the Endangered Species Act of 1973. The Reserve contains the
highest density of critical habitat for the Mojave desert
tortoise, a threatened species, in the United States. These
State trust lands are also administered by the Utah School and
Institutional Trust Lands Administration, but the use of such
lands by the State is limited because of the conservation
designations of surrounding Federal lands.
(6) The United States owns lands and interests in lands
elsewhere in Utah that can be transferred to the State of Utah
in exchange for the San Rafael Swell inholdings, the Manti-La
Sal forest lands, and the Red Cliffs Desert Reserve lands
without jeopardizing Federal management objectives or needs.
(7) The large presence of State trust land inholdings in
the San Rafael Swell region, the Manti-La Sal National Forest,
and the Red Cliffs Desert Reserve makes land and resource
management in these areas difficult, costly, and controversial
for both the State of Utah and the United States.
(8) It is in the public interest to reach agreement on
exchange of such inholdings, on terms fair to both the State of
Utah and the United States. Such an agreement, subject to
ratification by Congress and consent by the Utah legislature,
would save much time and delay in meeting the legitimate
expectations of the State school and institutional trusts, in
simplifying management of Federal lands, and in avoiding the
significant time and expense associated with administrative
land exchanges.
(9) The State of Utah and the United States have reached an
agreement under which the State would exchange certain State
trust lands within the San Rafael Swell region, the Manti-La
Sal National Forest, and the Red Cliffs Desert Reserve for
various Federal lands outside of those areas but in the same
region of Utah.
(10) 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 lands:
(A) Wilderness study areas.
(B) Areas proposed for wilderness designation in
pending Federal legislation.
(C) Significant endangered species habitat.
(D) Significant archaeological resources.
(E) Areas of critical environmental concern.
(F) Other lands known to raise significant
environmental concerns of any kind.
(11) Because the State trust lands to be acquired by the
Federal Government include properties within some of the most
spectacular wild areas in the western 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 longstanding
environmental conflicts with respect to existing and proposed
wilderness study areas, place important natural lands into
public ownership, and further the interests of the State trust
lands, the school children of Utah, and these conservation
resources.
(12) Under this agreement, the State interests to be
conveyed to the United States by the State of Utah, and the
Federal interests to be conveyed to the State of Utah by the
United States, have been examined by licensed independent real
estate consultants and, taken as a whole, have been found to be
approximately equal in value.
(b) Purpose.--The purpose of this subtitle is to enact into law and
direct prompt implementation of this agreement, and thereby to further
the public interest by consolidating State and Federal lands into
manageable units while facilitating the protection of lands with
significant scientific, cultural, and natural resources.
SEC. 1653. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF
UTAH AND THE UNITED STATES.
(a) Agreement.--The State of Utah, the Department of the Interior,
and the Department of Agriculture have agreed to exchange certain
Federal lands in the State of Utah for lands of approximately equal
value managed by the Utah School and Institutional Trust Lands
Administration in the San Rafael Swell area of Utah, the Manti-La Sal
National Forest, and the Red Cliffs Desert Reserve.
(b) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the document entitled
``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands
Consolidation'', dated June 18, 2002 (in this subtitle referred to as
``the Agreement''), are hereby incorporated in this subtitle, are
ratified and confirmed, and set forth the obligations of the United
States, the State of Utah, and the Utah School and Institutional Trust
Lands Administration, as a matter of Federal law.
SEC. 1654. CONVEYANCES.
(a) Conveyances.--All conveyances under sections 2, 3, and 4 of the
Agreement shall be completed not later than 70 days after enactment of
this subtitle.
(b) Maps and Legal Descriptions.--
(1) In general.--The maps and legal descriptions referred
to in the Agreement depict the lands subject to the conveyances
under the Agreement.
(2) Public availability.--The maps and legal descriptions
referred to in the Agreement shall be on file and available for
public inspection in the offices of the Secretary of the
Interior, the Secretary of Agriculture, the Intermountain
Regional Office of the Forest Service, and the Utah State
Director of the Bureau of Land Management.
(3) Conflict.--In case of any conflict between the maps and
the legal descriptions in the Agreement, the legal descriptions
shall control.
(c) Certain Coal Lands.--
(1) Identification.--The Secretary of the Interior shall
prepare legal descriptions for the approximately 4,000 acres of
Federal lands that State of Utah and the Secretary have
identified within sections 1 through 17 of township 22 south,
range 6 east, and within township 22 south, range 7 east, Salt
Lake Base and Meridian, Utah.
(2) Restriction on conveyance.--Conveyance of the lands
identified in paragraph (1) shall reserve to the United States
the coal estate and the right to develop the coal estate.
(3) Future disposition.--Reservation of the coal estate
pursuant to paragraph (2) shall not restrict future disposition
of the coal estate pursuant to applicable law.
(d) Species Identification.--Prior to any conveyances under this
subtitle, the Secretary of the Interior shall identify Federal lands
subject to the Agreement which contain wildlife species, or habitat of
wildlife species, listed as a threatened species or an endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or that is a candidate for such a listing.
(e) Independent Mineral Assessment.--Prior to any conveyances under
this subtitle, the Secretary of the Interior and the State of Utah
shall select an independent qualified mineral appraiser, or other
qualified expert agreeable to both parties, who shall determine whether
the terms of the Agreement related to the UA/UB parcel, identified in
section 3(d) of the Agreement, are fair and equitable to both parties.
If there is a contrary determination, the Secretary and the State shall
adjust the exchange or terms of the Agreement so that the terms are
fair and equitable to both parties.
(f) Exceptions to Conveyances.--
(1) Legal descriptions.--The Secretary of the Interior
shall prepare legal descriptions, using the smallest possible
aliquot parts, for lands within sections 4, 5, 8, and 9,
township 22 south, range 7 east, and within section 12,
township 22 south, range 6 east, Salt Lake Base and Meridian,
and which are identified on the map entitled ``Emery County
Lands'', dated September 27, 2002.
(2) Lands not authorized to be conveyed.--The lands
identified in paragraph (1) shall not be conveyed pursuant to
subsection (a). In addition, lands within section 17, township
22 south, range 7 east, and within section 33, township 21
south, range 7 east, Salt Lake Base and Meridian, shall not be
conveyed pursuant to subsection (a).
(3) Lands not authorized to be accepted.--The Secretary of
the Interior shall not accept conveyance of section 36,
township 24 south, range 6 east; section 32, township 24 south,
range 14 east; and section 2, township 26 south, range 8 east,
Salt Lake Base and Meridian, Utah, pursuant to subsection (a).
SEC. 1655. PLANT AND WILDLIFE SPECIES.
For the lands identified under section 1654(d), and the lands
identified in Exhibit E to the Agreement, the Secretary of the Interior
and the State of Utah shall enter into an agreement which provides a
process for the State to consult or take other appropriate action to
avoid, offset, or mitigate adverse effects to any species or habitat
identified.
SEC. 1656. MINERAL DEVELOPMENT.
All payments received by the United States pursuant to section
13(c) of the Agreement shall be subject to sharing with the State of
Utah in the same manner the United States shares bonus bids, rentals,
and royalties with the State of Utah under section 35 of the Mineral
Leasing Act (30 U.S.C. 191).
SEC. 1657. AUTHORIZATION.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle, including such sums as may be desired to
reduce the balance of the interest and principal amounts owed by the
United States to the Trust Lands Administration pursuant to sections 4
and 5 of the Agreement.
SEC. 1658. COSTS.
The United States and the State of Utah shall each bear its own
respective costs incurred in the implementation of this subtitle.
Subtitle H--World War I National Memorial, Mojave National Preserve
SEC. 1660. LAND EXCHANGE, WORLD WAR I NATIONAL MEMORIAL, MOJAVE
NATIONAL PRESERVE.
(a) Exchange Required.--In exchange for the private property
described in subsection (b), the Secretary of the Interior shall convey
to the Veterans Home of California - Barstow, Veterans of Foreign Wars
Post #385E (in this section referred to as the ``recipient''), all
right, title, and interest of the United States in and to a parcel of
real property consisting of approximately one acre in the Mojave
National Preserve and designated (by section 8137 of the Department of
Defense Appropriations Act, 2002 (Public Law 101-117; 115 Stat. 2278))
as a national memorial commemorating United States participation in
World War I and honoring the American veterans of that war.
Notwithstanding the conveyance of the property under this subsection,
the Secretary shall continue to carry out the responsibilities of the
Secretary under such section 8137.
(b) Consideration.--As consideration for the property to be
conveyed by the Secretary under subsection (a), Mr. and Mrs. Henry
Sandoz of Mountain Pass, California, have agreed to convey to the
Secretary a parcel of real property consisting of approximately five
acres, identified as parcel APN 569-051-44, and located in the west 1/2
of the northeast 1/4 of the northwest 1/4 of the northwest 1/4 of
section 11, township 14 north, range 15 east, San Bernadino base and
meridian.
(c) Equal Value Exchange; Appraisal.--The values of the properties
to be exchanged under this section shall be equal or equalized as
provided in subsection (d). The value of the properties shall be
determined through an appraisal performed by a qualified appraiser in
conformance with the Uniform Appraisal Standards for Federal Land
Acquisitions (Department of Justice, December 2000).
(d) Cash Equalization.--Any difference in the value of the
properties to be exchanged under this section shall be equalized
through the making of a cash equalization payment. The Secretary shall
deposit any cash equalization payment received by the Secretary under
this subsection in the Land and Water Conservation Fund.
(e) Reversionary Clause .--The conveyance under subsection (a)
shall be subject to the condition that the recipient maintain the
conveyed property as a memorial commemorating United States
participation in World War I and honoring the American veterans of that
war. If the Secretary determines that the conveyed property is no
longer being maintained as a war memorial, the property shall revert to
the ownership of the United States.
(f) Boundary Adjustment; Administration of Acquired Land.--The
boundaries of the Mojave National Preserve shall be adjusted to reflect
the land exchange required by this section. The property acquired by
the Secretary under this section shall become part of the Mojave
National Preserve and be administered in accordance with the laws,
rules, and regulations generally applicable to the Mojave National
Preserve.
Subtitle I--Conveyance of Historic Lighthouse
SEC. 1670. CONVEYANCE OF HISTORIC LIGHTHOUSE.
Notwithstanding any other provision of law, the historic light
station known as the Currituck Beach Lighthouse shall be conveyed, by
quitclaim deed and without consideration, to Currituck County, North
Carolina. The conveyance shall be completed as soon as practicable
after the date of the enactment of this subtitle.
Subtitle J--Wilcox Range Lands
SEC. 1680. TRANSFER OF CERTAIN LANDS IN UTAH.
Not later than September 30, 2003, the Secretary of the Interior
shall transfer to the State of Utah all right, title, and interest of
the United States in and to the Wilcox Ranch lands acquired under
section 2(b) of Public Law 105-363, for management by the Utah Division
of Wildlife Resources for wildlife habitat and public access.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 1701. LACKAWANNA VALLEY HERITAGE AREA.
Section 106(a) of the Lackawanna Valley National Heritage Area Act
of 2000 (Public Law 106-278; 114 Stat. 816; 16 U.S.C. 461 note) is
amended to read as follows:
``(a) Authorities of Management Entity.--For purposes of preparing
and implementing the management plan, the management entity may--
``(1) make grants to, and enter into cooperative agreements
with, the State and political subdivisions of the State,
private organizations, or any person; and
``(2) hire and compensate staff.''.
SEC. 1702. HAWAIIAN SPELLING ERRORS.
Section 5 of the Act entitled ``An Act to add certain lands on the
island of Hawaii to the Hawaii National Park, and for other purposes'',
as added by Public Law 99-564 (100 Stat. 3179; 16 U.S.C. 392c) is
amended by striking ``Hawaii Volcanoes'' each place it appears and
inserting ``Hawai'i Volcanoes''.
SEC. 1703. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL.
Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by
striking ``and expand contributions'' and inserting ``and expend
contributions''.
SEC. 1704. WILD AND SCENIC RIVERS AND NATIONAL TRAILS.
(a) Wild and Scenic Rivers.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (162), pertaining to White
Clay Creek, Delaware and Pennsylvania, as paragraph (163);
(2) by designating the second paragraph (161), pertaining
to the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and
Black Water Creek, Florida, as paragraph (162);
(3) by designating the undesignated paragraph pertaining to
the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); and
(4) by redesignating the third paragraph (161), pertaining
to the Lower Delaware River and associated tributaries, New
Jersey and Pennsylvania, as paragraph (165) and by moving the
margins of such paragraph 2 ems to the left.
(b) National Trails.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) is amended--
(1) by redesignating the second paragraph (21), pertaining
to the Ala Kahakai National Historic Trail, and enacted by
Public Law 106-509 as paragraph (22); and
(2) by moving the margins of paragraphs (21) and (22) 2 ems
to the left.
SEC. 1705. JAMESTOWN 400TH COMMEMORATION COMMISSION.
The Jamestown 400th Commemoration Commission Act of 2000 (Public
Law 106-565; 114 Stat. 2812; 16 U.S.C. 81 note) is amended--
(1) in section 2(a)(5), by striking ``State'';
(2) in sections 2(b), 3(3), and 4(h), by striking ``State''
and inserting ``Commonwealth'' each place it appears;
(3) in section 3, by striking paragraph (5) and inserting
the following:
``(5) Commonwealth.--The term `Commonwealth' means the
Commonwealth of Virginia, including agencies and entities of
the Commonwealth.''; and
(4) in section 4(b)(1), by striking ``16'' and inserting
``15''.
SEC. 1706. ROSIE THE RIVETER-WORLD WAR II HOME FRONT NATIONAL
HISTORICAL PARK.
The Rosie the Riveter/World War II Home Front National Historical
Park Establishment Act of 2000 (Public Law 106-352; 114 Stat. 1371; 16
U.S.C. 410ggg et seq.) is amended--
(1) in section 2(b), by striking ``numbered 963/80000'' and
inserting ``numbered 963/80,000'';
(2) in section 3(b)(1), by striking ``the World War II
Child Development Centers, the World War II worker housing, the
Kaiser-Permanente Field Hospital, and Fire Station 67A,'' and
inserting ``the Child Development Field Centers (Ruth C.
Powers) (Maritime), Atchison Housing, the Kaiser-Permanente
Field Hospital, and Richmond Fire Station 67A,''; and
(3) in section 3(e)(2), by striking ``the World War II day
care centers, the World War II worker housing, the Kaiser-
Permanente Field Hospital, and Fire Station 67,'' and inserting
``the Child Development Field Centers (Ruth C. Powers)
(Maritime), Atchison Housing, the Kaiser-Permanente Field
Hospital, and Richmond Fire Station 67A,''.
SEC. 1707. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS.
The Vicksburg Campaign Trail Battlefields Preservation Act of 2000
(Public Law 106-487; 114 Stat. 2202) is amended--
(1) in section 2(a)(1), by striking ``and Tennessee'' and
inserting ``Tennessee, and Kentucky'';
(2) in section 3(1), by striking ``and Tennessee,'' and
inserting ``Tennessee, and Kentucky,''; and
(3) in section 3(2)--
(A) by striking ``and'' at the end of subparagraph
(R);
(B) by redesignating subparagraph (S) as
subparagraph (T); and
(C) by inserting a new subparagraph (S) as follows:
``(S) Fort Heiman in Calloway County, Kentucky, and
resources in and around Columbus in Hickman County,
Kentucky; and''.
SEC. 1708. HARRIET TUBMAN SPECIAL RESOURCE STUDY.
Section 3(c) of the Harriet Tubman Special Resource Study Act
(Public Law 106-516; 114 Stat. 2405) is amended by striking ``Public
Law 91-383'' and all that follows through ``3501)'' and inserting ``the
National Park System General Authorities Act (16 U.S.C. 1a-5)''.
SEC. 1709. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS.
Employees of the foundations established by Acts of Congress to
solicit private sector funds on behalf of Federal land management
agencies shall qualify for General Service Administration contract
airfares.
SEC. 1710. POPULAR NAMES.
(a) National Park Service Organic Act.--The Act of August 25, 1916
(16 U.S.C. 1 et seq.; popularly known as the ``National Park Service
Organic Act'') is amended by adding at the end the following new
section:
``Sec. 5. This Act may be cited as the `National Park Service
Organic Act'.''.
(b) National Park System General Authorities Act.--Public Law 91-
383 (16 U.S.C. 1a-1 et seq.; popularly known as the ``National Park
System General Authorities Act'') is amended by adding at the end the
following new section:
``Sec. 14. This Act may be cited as the `National Park System
General Authorities Act'.''.
SEC. 1711. PARK POLICE INDEMNIFICATION.
Section 2(b) of the Act of November 6, 2000, (Public Law 106-437;
114 Stat. 1921) is amended by striking ``the Act'' and inserting ``of
the Act''.
TITLE VIII--MISCELLANEOUS
SEC. 1801. DECREASED MATCHING REQUIREMENT FOR HISTORIC BUILDING
RESTORATION AND PRESERVATION AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES; AUTHORIZATION OF
APPROPRIATIONS.
(a) Decreased Matching Requirement.--Section 507(c) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 16
U.S.C. 470a note) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) In general.--Except as provided in paragraph (2), the
Secretary may obligate funds made available under subsection
(d) for a grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of
Historic Places only if the grantee agrees to provide, from
funds derived from non-Federal sources, an amount that is equal
to 30 percent of the total cost of the project for which the
grant is provided.''; and
(2) by striking ``(2) The Secretary'' and inserting the
following:
``(2) Waiver.--The Secretary''.
(b) Authorization of Appropriations.--Section 507(d) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 470a note) is
amended--
(1) by striking ``Pursuant to'' and inserting the
following:
``(1) 1996 authorization.--Pursuant to''; and
(2) by adding at the end the following new paragraph:
``(2) Additional authorization.--In addition to amounts
made available under paragraph (1), pursuant to section 108 of
the National Historic Preservation Act, there is authorized to
be appropriated such sums as may be necessary to carry out the
purposes of this section.''.
(c) Application of Amendment.--Subsection (c)(1) of section 507 of
the Omnibus Parks and Public Lands Management Act of 1996, as amended
by subsection (a), shall apply with respect to--
(1) funds made available under subsection (d)(2) of such
section, as added by subsection (b); and
(2) funds made available under subsection (d)(1) of such
section, as amended by subsection (b), that remain unobligated
as of the date of the enactment of this section.
SEC. 1802. INCREASE IN AUTHORIZATION FOR RESERVE.
Section 502(d) of division I of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 461 note; 110 Stat. 4154) is amended
by striking ``$5,000,000'' and all that follows through the period and
inserting ``$15,000,000 for development costs associated with capital
projects consistent with the cooperative management plan, except that
the Federal share of such development costs shall not exceed 50 percent
of the total costs.''.
SEC. 1803. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.
(a) Authorization for Grant To Purchase Preserve.--Of the funds
appropriated in the section entitled ``Land Acquisition'' for the
Fiscal Year 2002 Interior and Related Agencies Appropriations Act,
Public Law 107-63, the Secretary of the Interior shall grant $500,00 to
the City for--
(1) the purchase of up to 10 acres of land within the area
generally depicted as the ``Preserve Acquisition Area'' on the
map entitled ``Map B'' and dated May 9, 2002; and
(2) the preservation of such land and paleontological
resources.
(b) Conditions of Grant.--The grant under subsection (a) shall be
made only after the City agrees to the following conditions:
(1) Use of land.--The City shall use the Virgin River
Dinosaur Footprint Preserve in a manner that accomplishes the
following:
(A) Preserves and protects the paleontological
resources located within the exterior boundaries of the
Virgin River Dinosaur Footprint Preserve.
(B) Provides opportunities for scientific research
in a manner compatible with subparagraph (A).
(C) Provides the public with opportunities for
educational activities in a manner compatible with
subparagraph (A).
(2) Reverter.--If at any time after the City acquires the
Virgin River Dinosaur Footprint Preserve, the Secretary
determines that the City is not substantially in compliance
with the conditions described in paragraph (1), all right,
title, and interest in and to the Virgin River Dinosaur
Footprint Preserve shall immediately revert to the United
States, with no further consideration on the part of the United
States, and such property shall then be under the
administrative jurisdiction of the Secretary of the Interior.
(3) Conditions to be contained in deed.--If the City
attempts to transfer title to the Virgin River Dinosaur
Footprint Preserve (in whole or in part), the conditions set
forth in this subsection shall transfer with such title and
shall be enforceable against any subsequent owner of the Virgin
River Dinosaur Footprint Preserve (in whole or in part).
(c) Cooperative Agreement and Assistance.--
(1) Cooperative agreement.--The Secretary shall enter into
a cooperative agreement with the City for the management of the
Virgin River Dinosaur Footprint Preserve by the City.
(2) Assistance.--The Secretary may provide to the City--
(A) financial assistance, if the Secretary
determines that such assistance is necessary for
protection of the paleontological resources located
within the exterior boundaries of the Virgin River
Dinosaur Footprint Preserve; and
(B) technical assistance to assist the City in
complying with subparagraphs (A) through (C) of
subsection (b)(1).
(3) Additional grants.--
(A) In general.--In addition to funds made
available under subsection (a) and paragraph
(2) of this subsection, the Secretary may
provide grants to the City to carry out its
duties under the cooperative agreement entered
into under paragraph (1).
(B) Limitation on amount; required non-
federal match.--Grants under subparagraph (A)
shall not exceed $500,000 and shall be provided
only to the extent that the City matches the
amount of such grants with non-Federal
contributions (including in-kind
contributions).
(d) Map on File.--The map shall be on file and available for public
inspection in the appropriate offices of the Department of the
Interior.
(e) Definitions.--For the purposes of this section, the following
definitions apply:
(1) City.--The term ``City'' means the city of St. George,
Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Virgin river dinosaur footprint preserve.--The term
``Virgin River Dinosaur Footprint Preserve'' means the property
(and all facilities and other appurtenances thereon) described
in subsection (a).
SEC. 1804. YOSEMITE NATIONAL PARK EDUCATION IMPROVEMENT ACT.
(a) Findings.--Congress finds the following:
(1) The three elementary schools serving the children of
employees of Yosemite National Park are served by the Bass Lake
Joint Union Elementary School District and the Mariposa Unified
School District.
(2) The schools are in remote mountainous areas and long
distances from other educational and administrative facilities
of the two local educational agencies.
(3) Because of their remote locations and relatively small
number of students, schools serving the children of employees
of the Park provide fewer services in more basic facilities
than the educational services and facilities provided to
students that attend other schools served by the two local
educational agencies.
(4) Because of the long distances involved and adverse
weather and road conditions that occur during much of the
school year, it is impractical for the children of employees of
the Park who live within or near the Park to attend other
schools served by the two local educational agencies.
(b) Purpose.--The purpose of this section is to authorize the
Secretary of the Interior to provide supplemental funding and other
services that are necessary to assist the State of California or local
educational agencies in California in providing educational services
for students attending schools located within the Park.
(c) Authority To Provide Funds.--For fiscal years 2003 through
2007, the Secretary may provide funds to the Bass Lake Joint Union
Elementary School District and the Mariposa Unified School District for
educational services to students who are dependents of persons engaged
in the administration, operation, and maintenance of the Park or
students who live at or near the Park upon real property of the United
States.
(d) Limitation on Use of Funds.--Payments made by the Secretary
under this section may not be used for new construction, construction
contracts, or major capital improvements, and may be used only to pay
public employees for services otherwise authorized by this section.
(e) Limitation on Amount of Funds.--Payments made under this
section shall not exceed the lesser of $400,000 in any fiscal year or
the amount necessary to provide students described in subsection (c)
with educational services that are normally provided and generally
available to students who attend public schools elsewhere in the State
of California.
(f) Adjustment of Payments.--Subject to subsection (e), the
Secretary is authorized to adjust payments made under this section if
the State of California or the appropriate local educational agencies
do not continue to provide funding for educational services at Park
schools at per student levels that are equivalent to or greater than
those provided in the fiscal year prior to the date of enactment of
this section.
(g) Source of Payments.--
(1) Authorized sources.--Except as provided in paragraph
(2), in order to make payments under this section, the
Secretary may use funds available to the National Park Service
from appropriations, donations, or fees.
(2) Exceptions.--Funds from the following sources may not
be used to make payments under this section:
(A) Fees authorized and collected under the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.).
(B) The recreational fee demonstration program
under section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (as contained
in section 101(c) of Public Law 104-134; 16 U.S.C.
460l-6a note).
(C) The national park passport program established
under section 602 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5992).
(D) Emergency appropriations for Yosemite flood
recovery.
(h) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Local educational agencies.--The term ``local
educational agencies'' has the meaning given that term in
section 9101(26) of the Elementary and Secondary Education Act
of 1965.
(2) Educational services.--The term ``educational
services'' means services that may include maintenance and
minor upgrades of facilities and transportation to and from
school.
(3) Park.--The term ``Park'' means Yosemite National Park.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1805. DESIGNATION OF JOHN L. BURTON TRAIL.
Any trail authorized by the final management plan under section
501(i) of Public Law 105-33 (111 Stat. 1613) for Headwaters Forest
Reserve, California, that is constructed to provide access to the
southern end of the Headwaters Grove near the existing Salmon Trailhead
shall be known as the John L. Burton Trail.
SEC. 1806. FUNDS FOR RECREATIONAL AND VISITOR FACILITIES IN WASHINGTON
COUNTY, UTAH.
The Secretary of the Interior, through the Bureau of Land
Management, is authorized to grant to the State of Utah $2,500,000 for
the development and construction of recreational and visitor facilities
in the Sand Hollow Recreation Area located in Washington County, Utah,
to fulfill the Federal commitment for the establishment and management
thereof.
SEC. 1807. NEW RIVER GORGE NATIONAL RIVER BOUNDARY MODIFICATIONS.
(a) Boundary Modification.--Section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by striking
``NERI-80,028A, dated March 1996'' and inserting ``NERI 80,034, dated
May 2001''.
(b) Land Exchange.--
(1) In general.--The Secretary of the Interior shall
complete a fee simple land exchange in the vicinity of Beauty
Mountain, Fayette County, West Virginia, to acquire a tract of
land identified as NERI Tract Number 150-07 that lies adjacent
to the boundary of the New River Gorge National River in
exchange for a tract of land identified as NERI Tract Number
150-08 located within such boundary.
(2) Treatment of exchanged lands.--Upon the completion of
such land exchange--
(A) the land acquired by the United States in the
exchange shall be included in the boundaries, and
administered as part, of the New River Gorge National
River; and
(B) the land conveyed by the United States in the
exchange shall be excluded from the boundaries, and
shall not be administered as part, of the New River
Gorge National River.
SEC. 1808. UNIVERSITY OF UTAH MUSEUM OF NATURAL HISTORY.
(a) Findings.--Congress finds that--
(1) the collection of the Utah Museum of Natural History in
Salt Lake City, Utah, includes more than 1,000,000
archaeological, paleontological, zoological, geological, and
botanical artifacts;
(2) the collection of items housed by the Museum contains
artifacts from land managed by--
(A) the Bureau of Land Management;
(B) the Bureau of Reclamation;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service;
and
(E) the Forest Service;
(3) more than 75 percent of the Museum's collection was
recovered from federally managed public land; and
(4) the Museum has been designated by the legislature of
the State of Utah as the State museum of natural history.
(b) Definitions.--In this title:
(1) Museum.--The term ``Museum'' means the University of
Utah Museum of Natural History in Salt Lake City, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Assistance for Museum.--The Secretary shall make a grant to the
University of Utah in Salt Lake City, Utah, to pay the Federal share of
the costs of construction of a new facility for the Museum, including
the design, planning, furnishing, and equipping of the Museum.
(d) Grant Requirements.--
(1) In general.--To receive a grant under subsection (c),
the Museum shall submit to the Secretary a proposal for the use
of the grant.
(2) Federal share.--The Federal share of the costs
described in subsection (c) shall not exceed 25 percent.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended.
SEC. 1809. LOWER CONNECTICUT RIVER PARTNERSHIP ACT.
(a) Findings.--Congress finds the following:
(1) The Connecticut River in the States of Connecticut and
Massachusetts is a scenic region of cities and historic
villages located in an internationally and nationally
significant landscape of working farms, verdant forests,
mountains, and broad fertile floodplains of New England's
longest river, the Connecticut River.
(2) The Connecticut River and its tributaries provide
outstanding fish and wildlife habitat, recreation, and
hydropower generation for the New England region.
(3) The Connecticut River has been recognized by Congress
as part of the Silvio O. Conte National Fish and Wildlife
Refuge, established by the Silvio O. Conte National Fish and
Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law 102-212).
(4) The demonstrated interest in stewardship of the River
by the citizens living along the Connecticut River led to the
Presidential designation of the River as one of 14 American
Heritage Rivers on July 30, 1998.
(5) Where management of the River involves partnership with
local communities and organizations, support for the
partnership should be provided by the Secretary.
(b) Purpose.--The purpose of this section is to authorize the
Secretary to provide to the States of Connecticut and Massachusetts
technical and financial assistance for management of the River in those
States.
(c) Definitions.--For the purpose of this section, the following
definitions apply:
(1) River.--The term ``River'' means the Connecticut River.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Connecticut; or
(B) the State of Massachusetts.
(d) Assistance for States.--
(1) In General.--The Secretary may provide to the States
technical and financial assistance in managing the River in
cooperation and collaboration with local communities and
regional planning agencies, including assistance for the
following:
(A) Developing policies for water quality, flow
management, and recreational boating for the River.
(B) Developing protection plans for water quality
in the River.
(C) Developing a coordinated, collaborative
approach on the part of the States for monitoring the
quality of the River for human use and ecological
health.
(D) Restoring and protecting riverbanks to improve
water quality and aquatic and riparian habitat for the
River.
(E) Encouraging and assisting communities, farmers,
and riverfront landowners in--
(i) establishing and protecting riparian
areas; and
(ii) addressing nonpoint source pollution.
(F) Encouraging and assisting communities in--
(i) protecting shoreland immediately along
the River; and
(ii) managing and treating stormwater
runoff directly into the River.
(G) In cooperation with and with the consent of dam
owners--
(i) evaluating the decommissioning of
uneconomic dams along the River; and
(ii) restoring natural riverine habitat
immediately along the River.
(H) Protecting and restoring the habitat of native
trout, anadromous fisheries, and other outstanding fish
and wildlife resources within or on the River.
(I) Developing and promoting locally planned,
approved, and managed networks of water trails on the
River.
(J) Supporting local stewardship.
(K) Encouraging public access to the River from
towns and cities in the Valley.
(e) Administrative Costs.--Not more than 10 percent of the funds
made available to any State under this section may be used for
administrative costs.
(f) Coordination With Other Entities.--The Secretary shall
encourage States receiving assistance under this section to work in
coordination with units of local government and nonprofit organizations
when carrying out activities listed in subsection (d).
SEC. 1810. SPIRIT LAKE.
(a) Findings.--The Congress finds the following:
(1) The meander lines in the original surveys by John B.
David, deputy surveyor, of two lakes in the State of Idaho,
Spirit Lake, formerly known as Lake Tesemini, located in T. 53
N., R. 4 W., Boise Meridian, and Twin Lakes, formerly known as
Fish Lake, located in T. 52 N. and T. 53 N., R. 4 W., Boise
Meridian, do not reflect the current line of ordinary high
water conditions.
(2) All lands adjacent to the original meander lines have
been patented.
(b) Purpose.--The purpose of this section is to direct the
Secretary of the Interior to issue a recordable disclaimer of interest
by the United States to any omitted lands or lands lying outside the
record meander lines in the vicinity of the lakes referred to in
subsection (a).
(c) Definitions.--In this section:
(1) Recordable disclaimer of interest.--The term
``recordable disclaimer of interest'' means a document recorded
in the county clerk's office or other such local office where
real property documents are recorded, in which the United
States disclaims any right, title, or interest to those lands
found lying outside the recorded meander lines of the lakes
referred to in section 1(a)(1), including omitted lands, if
any.
(2) Omitted lands.--The term ``omitted lands'' means those
lands that were in place on the date of the original surveys
referred to in subsection (a)(1) but were not included in the
survey of the township and the meander lines of the water body
due to gross error or fraud by the original surveyor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Surveys.--The Secretary shall--
(1) conduct a survey investigation of the conditions along
the lakeshores of Spirit Lake and Twin Lakes in the townships
referenced in subsection (a); and
(2) after the completion of the survey investigation,
resurvey the original meander lines along the lakeshores, using
the results of the survey investigation.
(e) Disclaimer of Interest in Lands Adjacent to Spirit Lake and
Twin Lakes, Idaho.--Upon acceptance and approval of the surveys under
subsection (d) by the Secretary, the Secretary shall--
(1) prepare a recordable disclaimer of interest with land
descriptions, using the lot or tract numbers of the omitted
lands, if any, and lands lying outside the record meander
lines, as shown on the survey plats; and
(2) record such recordable disclaimer of interest
simultaneously with the filing of the surveys.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $400,000 to carry out this section. Funds
appropriated to carry out the purposes of this section may be available
without fiscal year limitation.
SEC. 1811. CIVIL WAR BATTLEFIELD PRESERVATION ACT.
(a) Findings.--Congress finds the following:
(1) Civil War battlefields provide a means for the people
of the United States to understand a tragic period in the
history of the United States.
(2) According to the Report on the Nation's Civil War
Battlefields, prepared by the Civil War Sites Advisory
Commission, and dated July 1993, of the 384 principal Civil War
battlefields--
(A) almost 20 percent are lost or fragmented;
(B) 17 percent are in poor condition; and
(C) 60 percent have been lost or are in imminent
danger of being fragmented by development and lost as
coherent historic sites.
(b) Purposes.--The purposes of this section are--
(1) to act quickly and proactively to preserve and protect
nationally significant Civil War battlefields through
conservation easements and fee-simple purchases of those
battlefields from willing sellers; and
(2) to create partnerships among State and local
governments, regional entities, and the private sector to
preserve, conserve, and enhance nationally significant Civil
War battlefields.
(c) Battlefield Acquisition Grant Program.--The American
Battlefield Protection Act of 1996 (16 U.S.C. 469k) is amended--
(1) by redesignating subsection (d) as paragraph (3) of
subsection (c), and indenting appropriately;
(2) in paragraph (3) of subsection (c) (as redesignated by
paragraph (1))--
(A) by striking ``Appropriations'' and inserting
``appropriations''; and
(B) by striking ``section'' and inserting
``subsection'';
(3) by inserting after subsection (c) the following:
``(d) Battlefield Acquisition Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `Battlefield
Report' means the document entitled `Report on the
Nation's Civil War Battlefields', prepared by the Civil
War Sites Advisory Commission, and dated July 1993.
``(B) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site'
means a site--
``(i) that is not within the exterior
boundaries of a unit of the National Park
System; and
``(ii) that is identified in the
Battlefield Report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the Secretary
may provide grants to eligible entities to pay the Federal
share of the cost of acquiring interests in eligible sites for
the preservation and protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this subparagraph, the
Secretary shall submit to Congress a report on the
activities carried out under this subsection.
``(B) Update of battlefield report.--Not later than
2 years after the date of the enactment of this
subsection, the Secretary shall submit to Congress a
report that updates the Battlefield Report to reflect--
``(i) preservation activities carried out
at the 384 battlefields during the period
between publication of the Battlefield Report
and the update;
``(ii) changes in the condition of the
battlefields during that period; and
``(iii) any other relevant developments
relating to the battlefields during that
period.
``(7) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to the Secretary from the Land and Water
Conservation Fund to provide grants under this
subsection $10,000,000 for each of fiscal years 2004
through 2008.
``(B) Update of battlefield report.--There are
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B), $500,000.''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``as of'' and all
that follows through the period and inserting ``on
September 30, 2008.''; and
(B) in paragraph (2), by inserting ``and provide
battlefield acquisition grants'' after ``studies''.
SEC. 1812. BLM REAUTHORIZATION.
Section 318(a) of the Federal Lands Policy and Management Act of
1976 (43 U.S.C. 1748(a)) is amendment by striking ``October 1, 2002''
and inserting ``October 1, 2012''.
SEC. 1813. UNION PACIFIC BIG BOY RELOCATON.
(a) Findings.--Congress finds the following:
(1) During the early part of the 20th century, steam
locomotives played a vital role in the economies of the West
because they provided an effective means of mass transportation
of freight.
(2) Virtually all locomotives traveling east or west across
America passed through Ogden, Utah, aptly dubbed the
``Crossroads of the West''.
(3) 25 ``Big Boy'' steam locomotives were built in
Schenectady, New York, by the American Locomotive Company, for
the purpose of pulling long fast freight trains over the high
grades of the Wasatch Mountains of Utah and Sherman Hill in
Wyoming. The trains were delivered to Union Pacific in 1941 and
1945.
(4) Each Big Boy performed the work of three smaller
engines, and was less expensive to transport freight than were
smaller engines.
(5) Each Big Boy traveled more than 1,000,000 miles between
Utah and Wyoming.
(6) The last Big Boy was decommissioned in 1962.
(7) The year 2004 will mark the 80th anniversary of the
completion of Ogden Union Station, in Utah, the western
destination of the Big Boy locomotives.
(8) The year 2019 will mark the 150th anniversary of the
driving of the Golden Spike that connected the Central Pacific
and Union Pacific railroads, creating the world's first
transcontinental railroad.
(9) Because the Big Boy played such an important role in
the economy and history of Utah, it should be represented at
the sesquicentennial anniversary of the driving of the Golden
Spike and the 80th anniversary of the completion of Ogden Union
Station.
(10) Big Boy #4012 is the only one of the 25 original Big
Boys that is owned by the Federal Government and available to
transport Ogden, Utah, for these events.
(b) Relocation.--On or before January 1, 2004, the Secretary of the
Interior shall relocate Union Pacific Big Boy #4012, located on the
date of the enactment of this section at the Steamtown National
Historic Site in Scranton, Pennsylvania, to the Crossroads of the West
in Ogden, Utah, to remain in Ogden, Utah, until December 31, 2019.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 to carry out this section.
DIVISION B--FORESTS AND FOREST HEALTH
TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE
SEC. 2101. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Certain private lands adjacent to the Montezuma Castle
National Monument in Yavapai County, Arizona, are desirable for
Federal acquisition to protect important riparian values along
Beaver Creek and the scenic backdrop for the National Monument.
(2) Certain other inholdings in the Coconino National
Forest are desirable for Federal acquisition to protect
important public values near Double Cabin Park.
(3) Approximately 108 acres of land within the Tonto
National Forest, northeast of Payson, Arizona, are currently
occupied by 45 residential cabins under special use permits
from the Secretary of Agriculture, and have been so occupied
since the mid-1950s, rendering such lands of limited use and
enjoyment potential for the general public. Such lands are,
therefore, appropriate for transfer to the cabin owners in
exchange for lands that will have higher public use values.
(4) In return for the privatization of such encumbered
lands the Secretary of Agriculture has been offered
approximately 495 acres of non-Federal land (known as the Q
Ranch) within the Tonto National Forest, east of Young,
Arizona, in an area where the Secretary has completed previous
land exchanges to consolidate public ownership of National
Forest lands.
(5) The acquisition of the Q Ranch non-Federal lands by the
Secretary will greatly increase National Forest management
efficiency and promote public access, use, and enjoyment of the
area and surrounding National Forest System lands.
(b) Purpose.--The purpose of this title is to authorize, direct,
facilitate, and expedite the consummation of the land exchanges set
forth herein in accordance with the terms and conditions of this title.
SEC. 2102. DEFINITIONS.
As used in this title:
(1) DPSHA.--The term ``DPSHA'' means the Diamond Point
Summer Homes Association, a nonprofit corporation in the State
of Arizona.
(2) Federal land.--The term ``Federal land'' means land to
be conveyed into non-Federal ownership under this title.
(3) FLPMA.--The term ``FLPMA'' means the Federal Land
Policy Management Act of 1976.
(4) MCJV.--The term ``MCJV'' means the Montezuma Castle
Land Exchange Joint Venture Partnership, an Arizona
Partnership.
(5) Non-federal land.--The term ``non-Federal land'' means
land to be conveyed to the Secretary of Agriculture under this
title.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 2103. MONTEZUMA CASTLE LAND EXCHANGE.
(a) Land Exchange.--Upon receipt of a binding offer from MCJV to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to MCJV all right, title,
and interest of the United States in and to the Federal land described
in subsection (c).
(b) Non-Federal.--The land described in this subsection is the
following:
(1) The approximately 157 acres of land adjacent to the
Montezuma Castle National Monument, as generally depicted on
the map entitled ``Montezuma Castle Contiguous Lands'', dated
May 2002.
(2) Certain private land within the Coconino National
Forest, Arizona, comprising approximately 108 acres, as
generally depicted on the map entitled ``Double Cabin Park
Lands'', dated September 2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 222 acres in the Tonto National Forest, Arizona, and
surveyed as Lots 3, 4, 8, 9, 10, 11, 16, 17, and Tract 40 in section
32, Township 11 North, Range 10 East, Gila and Salt River Meridian,
Arizona.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and MCJV and performed in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions (U.S. Department of Justice,
December 2000), and section 206(d) of the FLPMA (43 U.S.C. 1716(d)). If
the values are not equal, the Secretary shall delete Federal lots from
the conveyance to MCJV in the following order and priority, as
necessary, until the values of Federal and non-Federal land are within
the 25 percent cash equalization limit of 206(b) of FLPMA:
(1) Lot 3.
(2) Lot 4.
(3) Lot 9.
(4) Lot 10.
(5) Lot 11.
(6) Lot 8.
(e) Cash Equalization.--Any difference in value remaining after
compliance with subsection (d) shall be equalized by the payment of
cash to the Secretary or MCJV, as the circumstances dictate, in
accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law
90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall,
without further appropriation, apply to any cash equalization payment
received by the United States under this section.
SEC. 2104. DIAMOND POINT--Q RANCH LAND EXCHANGE.
(a) In General.--Upon receipt of a binding offer from DPSHA to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to DPSHA all right, title,
and interest of the United States in and to the land described in
subsection (c).
(b) Non-Federal Land.--The land described in this subsection is the
approximately 495 acres of non-Federal land generally depicted on the
map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'',
dated May 2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 108 acres northeast of Payson, Arizona, as generally
depicted on a map entitled ``Diamond Point Exchange--Federal Land'',
dated May 2002.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and DPSHA and in conformance with the Uniform Appraisal Standards for
Federal Land Acquisitions (U.S. Department of Justice, December 2000),
and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not
equal, they shall be equalized by the payment of cash to the Secretary
or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)).
Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'')
shall, without further appropriation, apply to any cash equalization
payment received by the United States under this section.
(e) Special Use Permit Termination.--Upon execution of the land
exchange authorized by this section, all special use cabin permits on
the Federal land shall be terminated.
SEC. 2105. MISCELLANEOUS PROVISIONS.
(a) Exchange Timetable.--Not later than 6 months after the
Secretary receives an offer under section 2103 or 2104, the Secretary
shall execute the exchange under section 2103 or 2104, respectively,
unless the Secretary and MCJV or DPSHA, respectively, mutually agree to
extend such deadline.
(b) Exchange Processing.--Prior to executing the land exchanges
authorized by this title, the Secretary shall perform any necessary
land surveys and required preexchange clearances, reviews, and
approvals relating to threatened and endangered species, cultural and
historic resources, wetlands and floodplains and hazardous materials.
If 1 or more of the Federal land parcels or lots, or portions thereof,
cannot be transferred to MCJV or DPSHA due to hazardous materials,
threatened or endangered species, cultural or historic resources, or
wetland and flood plain problems, the parcel or lot, or portion
thereof, shall be deleted from the exchange, and the values of the
lands to be exchanged adjusted in accordance with subsections (d) and
(e) of section 2103 or section 2104(d), as appropriate. In order to
save administrative costs to the United States, the costs of performing
such work, including the appraisals required pursuant to this title,
shall be paid by MCJV or DPSHA for the relevant property, except for
the costs of any such work (including appraisal reviews and approvals)
that the Secretary is required or elects to have performed by employees
of the Department of Agriculture.
(c) Federal Land Reservations and Encumbrances.--The Secretary
shall convey the Federal land under this title subject to valid
existing rights, including easements, rights-of-way, utility lines and
any other valid encumbrances on the Federal land as of the date of the
conveyance under this title. If applicable to the land conveyed, the
Secretary shall also retain any right of access as may be required by
section 120(h) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) for remedial
or corrective action relating to hazardous substances as may be
necessary in the future.
(d) Administration of Acquired Land.--The land acquired by the
Secretary pursuant to this title shall become part of the Tonto or
Coconino National Forest, as appropriate, and be administered as such
in accordance with the laws, rules, and regulations generally
applicable to the National Forest System. Such land may be made
available for domestic livestock grazing if determined appropriate by
the Secretary in accordance with the laws, rules, and regulations
applicable thereto on National Forest System land.
(e) Transfer of Land to Park Service.--Upon their acquisition by
the United States, the ``Montezuma Castle Contiguous Lands'' identified
in section 2103(d)(1) shall be transferred to the administrative
jurisdiction of the National Park Service, and shall thereafter be
permanently incorporated in, and administered by the Secretary of the
Interior as part of, the Montezuma Castle National Monument.
TITLE II--OTHER LAND CONVEYANCES
SEC. 2201. LAND CONVEYANCE AND SPECIAL USE AGREEMENT, FIVE MILE
REGIONAL LEARNING CENTER, CALIFORNIA.
(a) Conveyance.--The Secretary of Agriculture shall convey to the
Clovis Unified School District of California all right, title, and
interest of the United States in and to a parcel of National Forest
System land consisting of 27.10 acres located within the southwest \1/
4\ of section 2, township 2 north, range 15 east, Mount Diablo base and
meridian, California, which has been utilized as the Five Mile Regional
Learning Center by the school district since 1989 pursuant to a special
use permit (Holder No. 2010-02) to provide natural resource
conservation education to California youth. The conveyance shall
include all structures, improvements, and personal property shown on
original map #700602 and inventory dated February 1, 1989.
(b) Special Use Agreement.--As soon as practicable after the date
of the enactment of this Act, the Secretary shall enter into
negotiations with the Clovis Unified School District to enter into a
new special use permit for the approximately 100 acres of National
Forest System land that, as of the date of the enactment of this Act,
is being used by the school district pursuant to the permit described
in subsection (a), but is not included in the conveyance under such
subsection.
(c) Reversion.--In the event that the Clovis Unified School
District discontinues its operation of the Five Mile Regional Learning
Center, title to the real property conveyed under subsection (a) shall
revert back to the United States.
(d) Costs and Mineral Rights.--The conveyance under subsection (a)
shall be for a nominal cost. Notwithstanding such subsection, the
conveyance does not include the transfer of mineral rights.
SEC. 2202. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If the United Water Conservation District
of California (in this section referred to as the ``District'')
conveys to the Secretary of Agriculture (in this section
referred to as the ``Secretary'') all of right, title, and
interest of the District in and to the lands described in
subsection (b)(1), the Secretary shall convey to the District,
in exchange for such lands, all right, title, and interest of
the United States in and to the National Forest System lands
described in subsection (b)(2).
(2) Existing rights.--The conveyance of National Forest
System lands under this section shall be subject to valid
existing rights and to such terms, conditions, and reservations
as may be required by this section or considered necessary by
the Secretary.
(3) Time for exchange.--The Secretary and the District
shall endeavor to complete the exchange in a timely manner.
(b) Exchange Lands.--
(1) Lands to be conveyed by district.--The lands to be
conveyed by the District under this section consist of
approximately 340 acres as follows:
(A) ``Tract A''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, NE\1/
4\SE\1/4\, San Bernardino base and meridian.
(B) ``Tract B''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, SE\1/
4\NE\1/4\, San Bernardino base and meridian.
(C) ``Tract C''--Approximately 80 acres, located in
township 5 north, range 18 west, section 16, S\1/
2\SE\1/4\, San Bernardino base and meridian.
(D) ``Tract D''--Approximately 160 acres, located
in township 5 north, range 18 west, section 21, NE\1/
4\, San Bernardino base and meridian.
(E) ``Tract E''--Approximately 20 acres, located in
township 5 north, range 18 west, section 15, N\1/
2\SW\1/4\SW\1/4\, San Bernardino base and meridian.
(2) Lands to be conveyed by secretary.--The National Forest
System lands to be conveyed by the Secretary under this section
consist of approximately 420 acres as follows:
(A) ``Tract 1''--Approximately 80 acres, located in
township 5 north, range 18 west, section 10, E\1/
2\SW\1/4\, San Bernardino base and meridian.
(B) ``Tract 2''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, NE\1/
4\NW\1/4\, San Bernardino base and meridian.
(C) ``Tract 3''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, SW\1/
4\SE\1/4\, San Bernardino base and meridian.
(D) ``Tract 4''--Approximately 10 acres, located in
township 5 north, range 18 west, section 22, SW\1/
4\SW\1/4\NE\1/4\, San Bernardino base and meridian.
(E) ``Tract 5''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, W\1/
2\NW\1/4\SE\1/4\, San Bernardino base and meridian.
(F) ``Tract 6''--Approximately 40 acres, located in
township 5 north, range 18 west, section 22, SW\1/
4\SE\1/4\, San Bernardino base and meridian.
(G) ``Tract 7''--Approximately 80 acres, located in
township 5 north, range 18 west, section 22, E\1/
2\SW\1/4\, San Bernardino base and meridian.
(H) ``Tract 8''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, N\1/
2\NW\1/4\SW\1/4\, San Bernardino base and meridian.
(I) ``Tract 9''--Approximately 80 acres, located in
township 5 north, range 18 west, section 27, W\1/
2\NE\1/4\, San Bernardino base and meridian.
(J) ``Tract 10''--Approximately 10 acres, located
in township 5 north, range 18 west, section 27, NE\1/
4\SW\1/4\NW\1/4\, San Bernardino base and meridian.
(3) Corrections to legal descriptions.--By mutual
agreement, the Secretary and the District may adjust the legal
descriptions contained in this subsection to correct errors or
to make minor adjustments in the lands to be exchanged.
(c) Processing of Land Exchange.--
(1) In general.--Except as otherwise provided in this
section, the Secretary shall process the land exchange under
this section in accordance with Forest Service land exchange
regulations in subpart A of part 254 of title 36, Code of
Federal Regulations.
(2) Title standards.--The Secretary shall require that
title to the District lands acquired by the Secretary under
this section is in conformity with the title standards of the
Attorney General of the United States.
(d) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands authorized by this section, the Secretary shall
reserve easements for all roads and trails that the Secretary
considers to be necessary or desirable to provide for
administrative purposes and to ensure public access to National
Forest System lands. In particular, the Secretary shall reserve
perpetual unrestricted rights of pedestrian access to the
Potholes trailhead of the Los Padres National Forest.
(2) Accessibility.--In the case of the District lands
acquired by the Secretary under this section, the Secretary
shall provide reasonable access to privately owned inholdings
consistent with section 1323(a) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3210(a)).
(3) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands for the Potholes trailhead of the Los Padres
National Forest, subject to the following requirements:
(A) The District may reasonably regulate vehicular
access to the trailhead in accordance with rules and
regulations promulgated in accordance with applicable
law.
(B) Foot traffic to the trailhead shall be
perpetual and unrestricted.
(e) Special Use Authorization and Easements.--All special use
authorizations and term easements issued by the Secretary with respect
to the National Forest System lands described in subsection (b)(2)
shall not be renewed or reauthorized after the date of enactment of
this Act.
(f) Water Rights.--The land exchange authorized by this section
does not include any water rights owned by the District or the United
States.
(g) Cash Equalization.--
(1) Limits waived.--The District or the Secretary, as
appropriate, may equalize the values of the lands to be
exchanged under this section by a cash payment without regard
to any statutory limit on the amount of such a cash
equalization payment.
(2) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the ``Sisk Act''; 16 U.S.C. 484a). The
payment shall be available to the Secretary for expenditure,
without further appropriation, for the acquisition,
construction, or improvement of administrative or recreational
facilities for the Los Padres National Forest in Ventura
County, Santa Barbara County, and San Luis Obispo County,
California, or for the acquisition of land or interests in land
in such counties.
(h) Management of Acquired Lands.--The District lands acquired by
the Secretary under this section shall be added to and administered as
part of the Los Padres National Forest in accordance with the laws and
regulations applicable to that national forest.
SEC. 2203. COUNTY RIGHT-OF-WAY TO WEST BUTTE ROAD IN THE STATE OF
OREGON.
(a) Definitions.--In this section:
(1) West butte road.--The term ``West Butte Road'' means
the unpaved Bureau of Land Management road in the State of
Oregon identified on the map as BLM Road 6520.
(2) County.--The term ``County'' means each of Crook County
and Deschutes County in the State of Oregon.
(3) Map.--The term ``map'' means the map entitled ``West
Butte Road Right of Way'' dated July 17, 2002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) Grant to Counties.--Notwithstanding any other Act, and subject
to subsection (d), the Secretary shall grant to each County a right-of-
way to the West Butte Road.
(c) Boundaries.--
(1) In general.--Subject to paragraph (2), the rights-of-
way granted under subsection (b) shall--
(A) extend in length from Reservoir Road in Crook
County to United States Route 20 in Deschutes County,
Oregon; and
(B) shall extend in width 100 feet on each side of
the centerline of West Butte Road.
(2) Modifications.--
(A) State roads.--
(i) In general.--The Secretary shall amend
the existing rights-of-way of each of the
Counties as contained in their respective road
case files to include the rights-of-way granted
under subsection (b).
(ii) Effect.--The rights-of-way amended
under clause (i) shall be subject to the common
terms, conditions, and stipulations identified
in the Counties' rights-of-way grants that
apply on the date of enactment of this Act.
(iii) Consideration of environmental
concerns.--Environmental concerns associated
with any development of the West Butte Road
shall be addressed by the County in meeting
compliance requirements associated with State
and Federal highway projects and the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) as administered by the Federal
Highway Administration.
(B) West butte road.--Notwithstanding any other
Act, the Secretary shall provide for adjustment to the
right-of-way width and alignment granted under
subsection (b) in portions of the West Butte Road
necessary for the road to meet applicable State and
Federal highway standards.
(d) Relinquishment of Right-of-Way.--The right-of-way granted to
each County under subsection (b) shall be contingent upon the Counties
relinquishing any right, title, or interest in and to any RS 2477
right-of-way claim held by the Counties to the portion of the road
known as George Millican Road that is located in the area described in
subsection (c)(1).
SEC. 2204. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST,
CALIFORNIA.
(a) Conveyance Required.--Subject to subsection (b), the Secretary
of Agriculture shall convey to the owner of the property known as the
Faraway Ranch in Lake County, California (in this section referred to
as the ``recipient''), by quitclaim deed, all right, title, and
interest of the United States in and to the following National Forest
System lands in Mendocino National Forest in Lake County, California:
(1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres)
consisting of a portion of lot 6 of section 4, township 18
north, range 10 west, Mount Diablo base and meridian, as
generally depicted on the map entitled ``Faraway Ranch, Tracts
39 and 40'' and dated June 30, 2002.
(2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres)
consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of
section 4, and a portion of lots 15 and 16 of section 5,
township 18 north, range 10 west, Mount Diablo base and
meridian, as generally depicted on the map entitled ``Faraway
Ranch, Tracts 39 and 40'' and dated June 30, 2002.
(b) Time for Conveyance.--The Secretary shall make the conveyance
under subsection (a) not later than 120 days after the date on which
the recipient deposits sufficient funds with the Bureau of Land
Management, California State Office, Branch of Geographic Services, to
cover survey work costs and with the Forest Service, Mendocino National
Forest, to cover Forest Service direct transaction costs described in
subsection (e).
(c) Corrections.--With the agreement of the recipient, the
Secretary may make minor corrections to the legal descriptions and map
of the lands to be conveyed pursuant to this Act.
(d) Consideration.--As consideration for the conveyance under
subsection (a), the recipient shall pay to the Secretary an amount
equal to the fair market value of the National Forest System lands
conveyed under such subsection. The fair market value of such lands
shall be determined by an appraisal that is acceptable to the Secretary
and conforms with the Federal appraisal standards, as defined in the
Uniform Appraisal Standards for Federal Land Acquisitions developed by
the Interagency Land Acquisition Conference.
(e) Payment of Costs.--All direct transaction costs associated with
the conveyance under section (a), including the costs of appraisal,
title, and survey work, shall be paid by the recipient.
(f) Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the amounts
received by the Secretary as consideration under subsection (d)
in the fund established by Public Law 90-171 (commonly known as
the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Funds deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation--
(A) for the acquisition of land and interests in
land for National Forest System purposes in the State
of California; and
(B) for reimbursement of costs incurred by the
Forest Service in making the conveyance under
subsection (a).
(3) Status of acquired land.--Notwithstanding Public Law
85-862 (16 U.S.C. 521a), any lands acquired under paragraph
(2)(A) shall be managed as lands acquired under the March 1,
1911 (commonly known as the Weeks Act; 16 U.S.C. 480, 500, 515
et seq.), regardless of whether any of the lands conveyed under
subsection (a) were reserved from the public domain.
(g) Withdrawal.--Subject to valid existing rights, the lands to be
conveyed under subsection (a) are hereby withdrawn from all forms of
location, entry, and patent under the public land laws and the mining
and mineral leasing laws of the United States.
SEC. 2205. CONVEYANCE OF REAL PROPERTY, DIXIE NATIONAL FOREST, UTAH.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, subject to valid, existing rights, the Secretary
of Agriculture shall convey to Kirk R. Harrison, who owns property in
Pinto Valley, Utah, at fair market value, all right, title, and
interest, including appurtenances, of the United States to--
(1) the land depicted on the Map as ``Purchase A''; and
(2) the land depicted on the Map as ``Purchase B''.
(b) Map.--
(1) Definition.--For the purposes of this section, the term
``Map'' means the map entitled ``Exhibit G'' and dated
``September 10, 2002''.
(2) On file.--The Map shall be kept on file and available
for public inspection in the office of the Chief of the Forest
Service. The Secretary of Agriculture may make technical
corrections to the Map.
(c) Treatment of Proceeds.--All funds received pursuant to this
section shall be deposited in the fund established under section 8 of
Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'')
and shall remain available to the Secretary of Agriculture until
expended for the acquisition of lands and interests in land for
inclusion in the Dixie National Forest.
(d) Appraisal.--The Secretary shall determine the fair market value
of the property conveyed by subsection (a) by using nationally
recognized appraisal standards, including, to the extent appropriate--
(1) the uniform appraisal standards for Federal land
acquisitions;
(2) the uniform standards of professional appraisal
practice; and
(3) other applicable law.
SEC. 2206. ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY, CLEVELAND
NATIONAL FOREST.
(a) Issuance.--Notwithstanding any other provision of Federal law,
the Secretary of the Interior and the Secretary of Agriculture shall
issue all necessary grants, easements, permits, plan revisions or
amendments, and other approvals to allow for the siting and
construction of a high-voltage electricity transmission line right-of-
way running approximately north to south through the Trabuco Ranger
District of the Cleveland National Forest in the State of California
and adjacent lands under the jurisdiction of the Bureau of Land
Management and the Forest Service. The right-of-way approvals shall
provide all necessary Federal authorization from the Secretaries of
Agriculture and the Interior for the routing, construction, operation,
and maintenance of a 500 KV transmission line capable of meeting the
region's long-term electricity transmission needs between the existing
Valley-Serrano transmission line to the north and the Telega-Escondido
transmission line to the south, and for connecting to future generating
capacity that may be developed in the region.
(b) Protection of Wilderness Areas.--The Secretary of the Interior
and the Secretary of Agriculture shall not allow any portion of a
transmission line right-of-way corridor identified in subsection (a) to
enter any identified wilderness area in existence as of the date of the
enactment of this Act.
(c) Environmental and Administrative Review.--Nothing in this
section shall affect the applicability of any environmental or
administrative review required under other provision of laws, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 note) or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The
Secretary of the Interior, acting through the Bureau of Land
Management, shall be the lead Federal agency with overall
responsibility to ensure completion of required environmental and other
reviews of the approvals to be issued under subsection (a). For the
portions of the corridor on Forest Service land, the Secretary of
Agriculture shall complete all required environmental reviews and
administrative actions, in coordination with the Secretary of the
Interior. It is anticipated that the right-of-way route through the
Trabuco Ranger District of the Cleveland National Forest will make it
unnecessary to construct regional transmission lines through heavily
populated lands in the Temecula Valley.
(d) Time for Review and Issuance.--Any Federal agency that conducts
or participates in any environmental or administrative review of the
approvals to be issued under subsection (a) shall work expeditiously,
and complete such review as soon as possible, taking full advantage of
any ongoing governmental review processes for any similar or associated
projects and proposals, and using all existing or ongoing studies,
reports, and assessments to satisfy review requirements. The necessary
grants, easements, permits, plan amendments and other approvals for the
transmission line right-of-way shall be issued within 60 days after the
completion of the administrative and environmental review under
subsection (c).
(e) Preserving State Authority.--Nothing in this section shall
affect the authority of the State of California in making any decision
regarding the siting or public need for the transmission line described
in subsection (a).
(f) Other Terms and Conditions.--The transmission line right-of-way
shall be subject to such terms and conditions as the Secretary of the
Interior and the Secretary of Agriculture consider necessary, as a
result of the environmental review under subsection (c), to protect the
value of historic, cultural, tribal, and natural resources under the
jurisdiction of the Department of the Interior or the Department of
Agriculture.
SEC. 2207. LAND EXCHANGE, SAN ISABEL NATIONAL FOREST, COLORADO.
(a) Exchange Required.--In exchange for the private property
described in subsection (b), the Secretary of Agriculture shall convey
to E. Michael Senter of Buena Vista, Colorado (in this section referred
to as the ``recipient''), all right, title, and interest of the United
States in and to a parcel of real property consisting of approximately
2.2 acres in the San Isabel National Forest, Colorado, as generally
depicted on the map entitled ``Senter Exchange'' , dated September 20,
2002. The conveyance under this subsection shall be made upon the
receipt by the Secretary of a binding offer for the conveyance of title
acceptable to the Secretary to the property described in subsection
(b).
(b) Consideration.--As consideration for the property to be
conveyed by the Secretary under subsection (a), the recipient shall
convey to the Secretary a parcel of real property consisting of
approximately 2.0 acres located within the boundaries of the San Isabel
National Forest. This parcel is also generally depicted on the map
referred to in subsection (a).
(c) Equal Value Exchange; Appraisal.--The values of the properties
to be exchanged under this section shall be equal or equalized as
provided in subsection (d). The value of the properties shall be
determined through an appraisal performed by a qualified appraiser
mutually agreed to by the Secretary and the recipient. The appraisal
shall be performed in conformance with the Uniform Appraisal Standards
for Federal Land Acquisitions (Department of Justice, December 2000)
and shall be completed not later than 120 days after the date of the
enactment of this Act.
(d) Cash Equalization.--Any difference in the value of the
properties to be exchanged under this section shall be equalized
through the making of a cash equalization payment. The Secretary shall
deposit any cash equalization payment received by the Secretary under
this subsection in the fund established by Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a).
(e) Payment of Costs.--All direct costs associated with the
conveyances under this section, including the costs of appraisal,
title, and survey work, shall be borne by the Secretary.
(f) Administration of Acquired Land.--The property acquired by the
Secretary under this section shall become part of the San Isabel
National Forest and be administered as such in accordance with the
laws, rules, and regulations generally applicable to the National
Forest System.
TITLE III--WILDERNESS AREAS
SEC. 2301. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT
STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS
NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement For Maintenance and Operation.--The
Secretary of Agriculture shall enter into a cooperative agreement with
a non-Federal entity described in subsection (c), under which the
entity will retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that are 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).
(b) Covered Water Impoundment Structures.--The cooperative
agreement required by subsection (a) shall cover the water impoundment
structures located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under subsection (a):
(1) A non-profit organization as defined in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(2) The State of California or a political subdivision of
the State.
(3) A private individual, organization, corporation, or
other legal entity.
(d) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each water
impoundment structure covered by the cooperative agreement
under subsection (a).
(2) Terms and conditions of agreement.--The Secretary shall
prescribe the terms and conditions of the cooperative
agreement, which shall set forth the rights and obligations of
the Secretary and the non-Federal entity. At a minimum, the
cooperative agreement shall--
(A) require the non-Federal entity to operate and
maintain the water impoundment structures covered by
the agreement in accordance with a plan of operations
approved by the Secretary;
(B) require approval by the Secretary of all
operation and maintenance activities to be conducted by
the non-Federal entity;
(C) require the non-Federal entity to comply with
all applicable State and Federal environmental, public
health, and safety requirements; and
(D) establish enforcement standards, including
termination of the cooperative agreement for
noncompliance by the non-Federal entity with the terms
and conditions.
(3) Compliance.--The Secretary shall ensure that the non-
Federal entity remains in compliance with the terms and
conditions of this section and the cooperative agreement.
(e) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
with respect to the water impoundment structures covered by the
cooperative agreement under subsection (a) in conformance with
this section and the cooperative agreement; and
(2) the costs associated with the maintenance and operation
of the structures.
(f) Prohibition on Use of Mechanized Transport and Motorized
Equipment.--The non-Federal entity may not use mechanized transport or
motorized equipment--
(1) to operate or maintain the water impoundment structures
covered by the cooperative agreement under subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(g) Expansion of Agreement to Cover Additional Structures.--In the
case of the six water impoundment structures located within the
boundaries of the Emigrant Wilderness, but not specified in subsection
(b), the Secretary of Agriculture may expand the scope of the
cooperative agreement under subsection (a), with the consent of the
State of California and the other party to the agreement, to include
one or more of these structures, subject to the same terms and
conditions as apply to the structures specified in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $20,000 to cover
administrative costs incurred by the Secretary to comply with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
SEC. 2302. MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENT.
(a) Lands Removed.--The boundary of the Mount Nebo Wilderness is
adjusted to exclude the following:
(1) Monument springs.--The approximately 8.4 acres of land
depicted on the Map as ``Monument Springs''.
(2) Gardner canyon.--The approximately 177.8 acres of land
depicted on the Map as ``Gardner Canyon''.
(3) Birch creek.--The approximately 5.0 acres of land
depicted on the Map as ``Birch Creek''.
(4) Ingram canyon.--The approximately 15.4 acres of land
depicted on the Map as ``Ingram Canyon''.
(5) Willow north a.--The approximately 3.4 acres of land
depicted on the Map as ``Willow North A''.
(6) Willow north b.--The approximately 6.6 acres of land
depicted on the Map as ``Willow North B''.
(7) Willow south.--The approximately 21.5 acres of land
depicted on the Map as ``Willow South''.
(8) Mendenhall canyon.--The approximately 9.8 acres of land
depicted on the Map as ``Mendenhall Canyon''.
(9) Wash canyon.--The approximately 31.4 acres of land
depicted on the Map as ``Wash Canyon''.
(b) Lands Added.--Subject to valid existing rights, the boundary of
the Mount Nebo Wilderness is adjusted to include the approximately
293.2 acres of land depicted on the Map for addition to the Mount Nebo
Wilderness. The Utah Wilderness Act of 1984 (Public Law 94-428) shall
apply to the land added to the Mount Nebo Wilderness pursuant to this
subsection.
(c) Map.--
(1) Definition.--For the purpose of this section, the term
``Map'' means the map entitled ``Mt. Nebo Wilderness Boundary
Adjustment'', numbered 531, and dated May 29, 2001.
(2) Map on file.--The Map and the final document entitled
``Mount Nebo, Proposed Boundary Adjustments, Parcel
Descriptions (See Map #531)'' and dated June 4, 2001, shall be
on file and available for inspection in the office of the Chief
of the Forest Service, Department of Agriculture.
(3) Corrections.--The Secretary of Agriculture may make
technical corrections to the Map.
(d) Technical Boundary Adjustment.--The boundary of the Mount Nebo
Wilderness is adjusted to exclude the approximately 21.26 acres of
private property located in Andrews Canyon, Utah, and depicted on the
Map as ``Dale''.
SEC. 2303. BOUNDARY ADJUSTMENTS, MOUNT NAOMI WILDERNESS.
(a) Lands Removed.--The boundary of the Mount Naomi Wilderness is
adjusted to exclude the approximately 31 acres of land depicted on the
Map as ``Land Excluded''.
(b) Lands Added.--Subject to valid existing rights, the boundary of
the Mount Naomi Wilderness is adjusted to include the approximately 31
acres of land depicted on the Map as ``Land Added''. The Utah
Wilderness Act of 1984 (Public Law 98-428) shall apply to the land
added to the Mount Naomi Wilderness pursuant to this subsection.
(c) Map.--
(1) Definition.--For the purpose of this section, the term
``Map'' means the map entitled ``Mt. Naomi Wilderness Boundary
Adjustment'' and dated May 23, 2002.
(2) Map on file.--The Map shall be on file and available
for inspection in the office of the Chief of the Forest
Service, Department of Agriculture.
(3) Corrections.--The Secretary of Agriculture may make
technical corrections to the Map.
SEC. 2304. WILDERNESS DESIGNATION, CARIBBEAN NATIONAL FOREST, PUERTO
RICO.
(a) El Toro Wilderness.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 113 et seq.), the approximately 10,000 acres
of land in the Caribbean National Forest/Luquillo Experimental Forest
in the Commonwealth of Puerto Rico that were proposed for wilderness
classification in the revised land and resource management plan for the
Caribbean National Forest/Luquillo Experimental Forest, approved April
17, 1997, are hereby designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System. The
designated lands shall be known as the El Toro Wilderness.
(b) Wilderness Boundaries.--The El Toro Wilderness shall consist of
those lands that were proposed for wilderness classification in the
management plan referred to in subsection (a), except that the
Secretary of Agriculture shall locate the boundaries of the wilderness
area so that existing municipal water intakes will not be within the
wilderness boundaries and the boundaries shall be located at least 600
feet west of Highway PR 191 from Kilometer 6.5 to Kilometer 12.0.
(c) Map and Description.--
(1) Preparation and submission.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Agriculture shall prepare a map and a boundary description of
the El Toro Wilderness and submit the map and boundary
description to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The map and boundary description shall
be on file and available for public inspection in the office of
the Chief of the Forest Service.
(2) Treatment.--The map and boundary description prepared
under paragraph (1) shall have the same force and effect as if
included in this section. The Secretary may correct clerical
and typographical errors in the map and description.
(d) Administration.--Subject to valid existing rights, the
Secretary of Agriculture shall administer the El Toro Wilderness in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
section. With respect to the El Toro Wilderness, any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of the enactment of this Act.
(e) Special Management Considerations.--Designation of the El Toro
Wilderness, and the applicability of the Wilderness Act to the
wilderness area, shall not be construed to prevent any of the following
activities, subject to such conditions as the Secretary of Agriculture
considers desirable, within the boundaries of the wilderness area:
(1) Installation and maintenance of hydrologic,
meteorological, climatological, or atmospheric data collection
and transmission facilities, or any combination of such
facilities, when the Secretary determines that--
(A) such facilities are essential to the scientific
research purposes of the Luquillo Experimental Forest;
and
(B) the scale and scope of the facility development
are not detrimental to the wilderness characteristics
of the wilderness area.
(2) Construction and maintenance of nesting structures,
observation blinds, and population monitoring platforms for
threatened and endangered species.
(3) Construction and maintenance of trails to such
facilities as necessary for research purposes and for the
recovery of threatened and endangered species.
TITLE IV--DESIGNATIONS
SEC. 2401. GUNN MCKAY NATURE PRESERVE.
(a) Definitions.--For the purposes of this section:
(1) Preserve.--The term ``Preserve'' means the Gunn McKay
Nature Preserve as so designated by subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Designation.--The approximately 15 acres of National Forest
System land generally depicted on the map entitled ``Proposed Gunn
McKay Nature Preserve'' and dated March 2002, are hereby designated as
the ``Gunn McKay Nature Preserve''.
(c) Management.--
(1) Management plan.--Not later than 120 days after the
date of the enactment of this Act, the Secretary, in
consultation with the City of Huntsville, Utah, and the Gunn
McKay Nature Preserve Foundation, Inc., a nonprofit
corporation, shall develop a management plan for the Preserve.
(2) Cooperative agreement.--The Secretary is authorized to
enter into a cooperative agreement with the Gunn McKay Nature
Preserve Foundation, Inc., for the management of the Preserve.
(d) Withdrawal.--Subject to valid existing rights, the Preserve is
hereby withdrawn from all forms of location, entry, and patent under
the public land laws, and the mining and mineral leasing laws of the
United States, including geothermal.
SEC. 2402. JAMES V. HANSEN SHOSHONE NATIONAL TRAIL.
(a) Definitions.--For the purposes of this section, the following
definitions shall apply:
(1) Appropriate secretary.--The term ``appropriate
Secretary'' means--
(A) the Secretary of Agriculture when referring to
land under the jurisdiction of that Secretary; and
(B) the Secretary of the Interior when referring to
any land except that under the jurisdiction of the
Secretary of Agriculture.
(2) Map.--The term ``Map'' means the map entitled ``James
V. Hansen Shoshone National Trail'' and dated April 5, 2002.
(3) Trail.--The term ``Trail'' means the system of trails
designated in subsection (b) as the James V. Hansen Shoshone
National Trail.
(b) Designation.--The trails that are open to motorized use
pursuant to applicable Federal and State law and are depicted on the
Map as the Shoshone National Trail are hereby designated as the ``James
V. Hansen Shoshone National Trail''.
(c) Management.--
(1) In general.--Except as otherwise provided in this
section, the appropriate Secretary shall manage the Trail
consistent with the requirements of a national recreation trail
in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(B) other applicable laws and regulations for
trails on Federal lands.
(2) Cooperation; agreements.--The Secretary of the Interior
and the Secretary of Agriculture shall cooperate with the State
of Utah Department of Natural Resources and appropriate county
governments in managing the Trail. The appropriate Secretary
shall make every reasonable effort to enter into cooperative
agreements with the State of Utah Department of Natural
Resources and appropriate county governments (separately,
collectively, or in an any combination, as agreed by the
parties) for management of the Trail.
(3) Primary purpose.--The primary purpose of this section
is to provide recreational trail opportunities for motorized
vehicle use on the Trail. The Trail shall be managed in a
manner that is consistent with this purpose, ensures user
safety, and minimizes user conflicts.
(4) Addition of trails.--
(A) In general.--The appropriate Secretary may add
trails to the Trail in accordance with the National
Trails System Act and this section. The Secretary shall
consider the Trail a national recreation trail for the
purpose of making such additions.
(B) Requirement for addition of trails on non-
federal land.--If a trail to be added to the Trail is
located on non-Federal land, the appropriate Secretary
may add the trail only if the owner of the land upon
which the trail is located has--
(i) consented to the addition of the trail
to the Trail; and
(ii) entered into an agreement with the
appropriate Secretary for management of the
additional trail in a manner that is consistent
with this section.
(5) Notice of open routes.--The Secretary of the Interior
and the Secretary of Agriculture shall ensure that the public
is adequately informed regarding the routes open for the Trail,
including by appropriate signage along the Trail.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing
in this section shall be construed to affect ownership, management, or
other rights related to any non-Federal land or interests in land,
except as provided in an agreement related to that land entered into by
the landowner under subsection (c)(4)(B)(ii).
(e) Acquisition of Land and Interests in Land.--The appropriate
Secretary may acquire land and interests in land for the purposes of
the Trail only from willing owners.
(f) Map on File; Updated.--The Map shall be--
(1) kept on file at the appropriate offices of the
Secretary of the Interior and the Secretary of Agriculture; and
(2) updated by the appropriate Secretary whenever trails
are added to the Trail.
TITLE V--MISCELLANEOUS
SEC. 2501. COSTS OF REVIEWS FOR CONVEYANCES UNDER EDUCATION LAND GRANT
ACT.
Section 202 of the Education Land Grant Act (16 U.S.C. 479a) is
amended by adding at the end the following:
``(f) Costs of Review.--The Secretary shall pay the costs of all
action required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to any
conveyance under this section.''.
SEC. 2502. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL
FOREST, PUERTO RICO.
(a) Findings.--The Congress finds the following:
(1) In the revised land and resource management plan for
the Caribbean National Forest/Luquillo Experimental Forest,
approved April 17, 1997, and the environmental impact statement
prepared as part of the plan, the Secretary of Agriculture
examined the suitability of rivers within the Caribbean
National Forest/Luquillo Experimental Forest for inclusion in
the National Wild and Scenic Rivers System.
(2) Based on such examination, the Rio Icacos, Rio Mameyes,
and Rio de La Mina were found to be free flowing waterways and
to possess outstandingly remarkable scenic, recreational,
geological, hydrological, biological, historical, and cultural
values, and, therefore, to qualify for addition to the National
Wild and Scenic Rivers System.
(b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(____) Rivers of Caribbean National Forest, Puerto Rico.--
``(A) Rio mameyes.--The segment of approximately 4.5 miles
from its headwaters in the Bano de Oro Research Natural Area to
the boundary of the Caribbean National Forest, to be
administered by the Secretary of Agriculture as follows:
``(i) As a wild river from its headwaters in the
Bano de Oro Research Natural Area to the crossing point
of Trail No. 24/11 (approximately 500 feet upstream
from the confluence with the Rio de La Mina), a total
of approximately 2.1 miles.
``(ii) As a scenic river from the crossing point of
Trail No. 24/11 to the access point of Trail No. 7, a
total of approximately 1.4 miles.
``(iii) As a recreational river from the access
point of Trail No. 7 to the national forest boundary, a
total of approximately 1.0 miles.
``(B) Rio de la mina.--The segment of approximately 2.1
miles from its headwaters to its confluence with the Rio
Mameyes, to be administered by the Secretary of Agriculture as
follows:
``(i) As a recreational river from its headwaters
in the El Yunque Recreation Area downstream to La Mina
Falls, a total of approximately 0.9 miles.
``(ii) As a scenic river from La Mina falls
downstream to its confluence with the Rio Mameyes, a
total of approximately 1.2 miles.
``(C) Rio icacos.--The segment of approximately 2.3 miles
from its headwaters to the boundary of the Caribbean National
Forest, to be administered by the Secretary of Agriculture as a
scenic river.''.
(c) Special Management Considerations.--
(1) Certain permitted activities.--Subject to paragraph
(2), the amendment made by the subsection (b) and the
applicability of the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.) to the river segments added to the National Wild and
Scenic Rivers System by the amendment shall not be construed to
prevent any of the following activities within the boundaries
of the river segments:
(A) Installation and maintenance of hydrologic,
meteorological, climatological, or atmospheric data
collection and transmission facilities, or any
combination of such facilities, when the Secretary of
Agriculture determines that such facilities are
essential to the scientific research purposes of the
Luquillo Experimental Forest.
(B) Construction and maintenance of nesting
structures, observation blinds, and population
monitoring platforms for threatened and endangered
species.
(C) Construction and maintenance of trails to such
facilities as necessary for research purposes and for
the recovery of threatened and endangered species.
(2) Conditions.--The activities authorized by paragraph (1)
shall be subject to such conditions as the Secretary considers
desirable. The Secretary shall ensure that the scale and scope
of such activities within the boundaries of a river segment
added to the National Wild and Scenic Rivers System by the
amendment made by the subsection (b) are not detrimental to the
characteristics of the river segment that merited its
designation as a wild, scenic, or recreational river.
(d) Preservation of Commonwealth Authority.--Nothing in this
section or the amendment made by this section shall be construed to
limit the authority of the Commonwealth of Puerto Rico over waters and
natural channels of public domain pursuant to the laws of the
Commonwealth of Puerto Rico to the extent that such jurisdiction may be
exercised without impairing the purposes of the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.) or the administration of such Act.
DIVISION C--ENSURING WATER RESOURCES FOR THE FUTURE
TITLE I--CONVEYANCES
Subtitle A--Fremont-Madison Irrigation Facilities Conveyance
SEC. 3001. SHORT TITLE.
This subtitle may be cited as the ``Fremont-Madison Conveyance
Act''.
SEC. 3002. CONVEYANCE OF FACILITIES.
(a) Conveyance Requirement.--The Secretary of the Interior shall
convey to the Fremont-Madison Irrigation District, Idaho, as soon as
practicable after the date of enactment of this Act and in accordance
with all applicable law and pursuant to the terms of the memorandum of
agreement between the District and the Secretary (Contract No. 1425-01-
MA-10-3310). The Secretary shall include in the facilities conveyed
under this section all right, title, and interest of the United States
in and to the canals, laterals, drains, and other components of the
water distribution and drainage system that is operated or maintained
by the District for delivery of water to and drainage of water from
lands within the boundaries of the District as they exist upon the date
of enactment of this Act, consistent with section 3007.
(b) Report.--If the Secretary has not completed any conveyance
required under this subtitle by September 13, 2003, the Secretary
shall, by no later than that date, submit a report to the Congress
explaining the reasons that conveyance has not been completed and
stating the date by which the conveyance will be completed.
SEC. 3003. COSTS.
(a) In General.--The Secretary shall require, as a condition of the
conveyance under section 3002, that the District pay the administrative
costs of the conveyance and related activities, including the costs of
any review required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) as described in Contract No. 1425-01-MA-10-
3310.
(b) Value of Facilities To Be Transferred.--In addition to
subsection (a) the Secretary shall also require, as condition of the
conveyance under section 3002, that the District pay to the United
States the lesser of the net present value of the remaining obligations
owed by the District to the United States with respect to the
facilities conveyed, or $280,000. Amounts received by the United States
under this subsection shall be deposited into the reclamation fund.
SEC. 3004. TETON EXCHANGE WELLS.
(a) Contracts and Permit.--In conveying the Teton Exchange Wells
under section 3002, the Secretary shall also convey to the District--
(1) Idaho Department of Water Resources permit number 22-
7022, including drilled wells under the permit, as described in
Contract No. 1425-01-MA-10-3310; and
(2) all equipment appurtenant to such wells.
(b) Extension of Water Service Contract.--The water service
contract between the Secretary and the District (Contract No. 7-07-10-
W0179, dated September 16, 1977) is hereby extended and shall continue
in full force and effect until all conditions described in this
subtitle are fulfilled.
SEC. 3005. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
Prior to conveyance the Secretary shall complete all actions as may
be required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and all other applicable laws.
SEC. 3006. LIABILITY.
Effective on the date of the conveyance of the facilities described
in section 3002, the United States shall not be held liable by any
court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed facilities, except for damages
caused by acts of negligence committed by the United States or by its
employees, agents, or contractors prior to the date of conveyance.
Nothing in this section may be deemed to increase the liability of the
United States beyond that currently provided in chapter 171 of title
28, United States Code, popularly known as the Federal Tort Claims Act.
SEC. 3007. WATER SUPPLY TO DISTRICT LANDS.
The Secretary shall increase the number of acres within the
District that are eligible to receive water from the Minidoka Project
and the Teton Basin Projects to reflect the number of acres within the
District as of the date of enactment of this Act, which includes lands
annexed into the District prior to enactment of this Act as intended by
the Teton Basin Project. This section does not in any way authorize the
use of any additional Federal Reclamation project water beyond that
which is currently authorized under their existing water storage
contracts and as allowed by State water law.
SEC. 3008. EXISTING RIGHTS NOT AFFECTED.
Nothing in this subtitle affects the rights of any person except as
provided in this subtitle. Any conveyance under this subtitle shall not
affect or abrogate any provision of any contract executed by the United
States or State law regarding any irrigation district's right to use
water developed in the facilities conveyed.
SEC. 3009. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Fremont-
Madison 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.
Subtitle B--Humboldt Project Conveyance, Pershing County, Nevada
SEC. 3021. SHORT TITLE.
This subtitle may be cited as the ``Humboldt Project Conveyance
Act''.
SEC. 3022. DEFINITIONS.
For purposes of this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 3023. AUTHORITY TO CONVEY TITLE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act, convey, all right, title, and
interest in and to the lands and features of the Humboldt Project,
including all water rights for storage and diversion, to PCWCD, the
State, Pershing County, and Lander County, consistent with the terms
and conditions set forth in the Memorandum of Agreement between PCWCD
and Lander County dated January 24, 2000, the Conceptual Agreement
between PCWCD and the State dated October 18, 2001, and the Letter of
Agreement between Pershing County and the State dated April 16, 2002.
(b) Compliance With Agreements.--All parties to the conveyance
under subsection (a) shall comply with the terms and conditions of the
agreements cited in subsection (a).
(c) Report.--If the conveyance required by this section has not
been completed within 18 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 3024. PAYMENT.
(a) In General.--As consideration for any conveyance required by
section 3023, PCWCD shall pay to the United States the net present
value of miscellaneous revenues associated with the lands and
facilities to be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance of
withdrawn lands required by section 3023, the entity receiving title
shall pay the United States (in addition to amounts paid under
subsection (a)) the fair market value for any such lands conveyed that
were withdrawn from the public domain pursuant to the Secretarial
Orders dated March 16, 1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for conveyance of
any land or facility under this subtitle shall be paid in equal shares
by the Secretary and the entity receiving title to the land or
facility, except costs identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any conveyance
of any land or facility required by section 3023, costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.)
for conveyance of any land or facility under section 3023 shall be paid
in equal shares by the Secretary and the entity receiving title to the
land or facility.
(f) State of Nevada.--The State shall not be responsible for any
payments for land or facilities under this section. Any proposal by the
State to reconvey to another entity land conveyed by the Secretary
under this subtitle shall be pursuant to an agreement with the
Secretary providing for fair market value to the United States for the
lands, and for continued management of the lands for recreation,
wildlife habitat, wetlands, or resource conservation.
SEC. 3025. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 3023, the district,
the State, Pershing County, and Lander County shall, with respect to
the interests conveyed, comply with all requirements of Federal, State,
and local law applicable to non-Federal water distribution systems.
SEC. 3026. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section 3023,
the Secretarial Orders dated March 16, 1934, and April 6, 1956, that
withdrew public lands for the Rye Patch Reservoir and the Humboldt
Sink, are hereby revoked.
SEC. 3027. LIABILITY.
Effective on the date of the conveyance required by section 3023,
the United States shall not be held liable by any court for damages of
any kind arising out of any act, omission, or occurrence relating to
the Humboldt Project, except for damages caused by acts of negligence
committed by the United States or by its employees or agents prior to
the date of conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that currently
provided in chapter 171 of title 28, United States Code, popularly
known as the Federal Tort Claims Act.
SEC. 3028. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to conveyance the Secretary shall complete all actions as may
be required under the National Environmental Policy Act of 1969 (U.S.C.
4321 et seq.).
SEC. 3029. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the Secretary under
this subtitle, the Humboldt Project shall no longer be a Federal
reclamation project and the district shall not be entitled to receive
any future reclamation benefits with respect to that project, except
those benefits that would be available to other nonreclamation
districts.
Subtitle C--Elephant Butte, New Mexico, Property Conveyance
SEC. 3031. SHORT TITLE.
This subtitle may be cited as the ``Lease Lot Conveyance Act of
2002''.
SEC. 3032. FINDINGS.
The Congress finds that the conveyance of the Properties to the
Lessees for fair market value would have the beneficial results of--
(1) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Government's ownership of the Properties, while increasing
local tax revenues from the new owners;
(2) sustaining existing economic conditions in the vicinity
of the Properties, while providing the new owners of the
Properties the security to invest in permanent structures and
improvements; and
(3) adding needed jobs to the county in which the
Properties are located and increasing revenue to the county and
surrounding communities through property and gross receipt
taxes, thereby increasing economic stability and a sustainable
economy in one of the poorest counties in New Mexico.
SEC. 3033. DEFINITIONS.
In this subtitle:
(1) Fair market value.--The term ``fair market value''
means, with respect to a parcel of property, the value of the
property determined--
(A) without regard to improvements constructed by
the Lessee of the property;
(B) by an appraisal in accordance with the Uniform
Standards for Federal Land Acquisitions; and
(C) by an appraiser approved by the Secretary and
the purchaser.
(2) Irrigation districts.--The term ``Irrigation
Districts'' means the Elephant Butte Irrigation District and
the El Paso County Water Improvement District No. 1.
(3) Lessee.--The term ``Lessee'' means the leaseholder of a
Property on the date of enactment of this Act, and any heir,
executor, or assign of the leaseholder with respect to that
leasehold interest.
(4) Property.--The term ``Property'' means any of the cabin
sites comprising the Properties.
(5) Properties.--The term ``Properties'' means all the real
property comprising 403 cabin sites under the administrative
jurisdiction of the Bureau of Reclamation that are located
along the western portion of the reservoirs in Elephant Butte
State Park and Caballo State Park, New Mexico, including
easements, roads, and other appurtenances. The exact acreage
and legal description of such real property shall be determined
by the Secretary after consulting with the Purchaser.
(6) Purchaser.--The term ``Purchaser'' means the Elephant
Butte/Caballo Leaseholders Association, Inc., a nonprofit
corporation established under the laws of New Mexico.
(7) Reservoirs.--The term ``reservoirs'' means the Elephant
Butte Reservoir and the Caballo Reservoir in the State of New
Mexico.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3034. CONVEYANCE OF PROPERTIES.
(a) In General.--The Secretary shall convey to the Purchaser in
accordance with this subtitle, subject to valid existing rights, all
right, title, and interest of the United States in and to the
Properties and all appurtenances thereto, including specifically
easements for--
(1) vehicular access to each Property;
(2) drainage; and
(3) access to and the use of all ramps, retaining walls,
and other improvements for which access is provided under the
leases that apply to the Properties as of the date of the
enactment of this Act.
(b) Consideration.--As consideration for any conveyance under this
section, the Secretary shall require the Purchaser to pay to the United
States fair market value of the Properties.
SEC. 3035. TERMS OF CONVEYANCE.
(a) Specific Conditions.--As conditions of any conveyance to the
Purchaser under this subtitle, the Secretary shall require the
following:
(1) Leaseholders' option.--The Purchaser shall grant to
each Lessee of a Property an option--
(A) to purchase the Property at fair market value;
or
(B) to continue leasing the Property on terms to be
negotiated with the Purchaser.
(2) Administrative costs.--Any reasonable administrative
cost incurred by the Secretary incident to the conveyance under
section 3036 shall be reimbursed by the Purchaser.
(b) Restrictive Use Covenant.--
(1) In general.--To maintain the unique character of the
area in the vicinity of the Reservoirs, the Secretary shall
establish, by the terms of conveyance, use restrictions to
carry out paragraph (2) that--
(A) are appurtenant to, and run with, each
Property; and
(B) are binding upon each subsequent owner of each
Property.
(2) Access to reservoirs.--The use restrictions required by
paragraph (1) shall ensure that--
(A) public access to and along the shoreline of the
Reservoirs in existence on the date of enactment of
this Act is not obstructed;
(B) adequate public access to and along the
shoreline of the Reservoirs is maintained; and
(C) the operation of the Reservoirs by the
Secretary or the Irrigation Districts shall not result
in liability of the United States or the Irrigation
Districts for damages incurred, as a direct or indirect
result of such operation, by the owner of any Property
conveyed under this subtitle, including--
(i) damages for any loss of use or
enjoyment of a Property; and
(ii) damages resulting from any
modifications or construction of any reservoir
dam.
(c) Timing.--
(1) In general.--The Secretary shall convey the Properties
under this subtitle as soon as practicable after the date of
enactment of this Act and in accordance with all applicable
law.
(2) Report.--If the Secretary has not completed conveyance
of the Properties to the Purchaser by the end of the 1-year
period beginning on the date of the enactment of this Act, the
Secretary shall, before the end of that period, submit a report
to the Congress explaining the reasons that conveyance has not
been completed and stating the date by which the conveyance
will be completed.
(d) Reimbursement of Purchaser's Costs.--The terms of conveyance
shall authorize the Purchaser to require each Lessee to reimburse the
Purchaser for a proportionate share of the costs incurred by the
Purchaser in completing the transactions pursuant to this subtitle,
including any interest charges.
SEC. 3036. RESOLUTION OF CLAIMS AND DISPUTES.
After conveyance of the Properties to the Purchaser, if any Lessee
has a dispute with or claim against the Purchaser or any of its
officers, directors, or members arising from the Properties, the Lessee
shall promptly give written notice of the dispute or claim to the
Purchaser. If such notice is not provided to the Purchaser within 20
days after the date the Lessee knew or should have known of such
dispute or claim, then any right of the Lessee for relief based on such
dispute or claim shall be waived. If the Lessee and the Purchaser are
unable to resolve the dispute or claim by mediation, the dispute or
claim shall be resolved by binding arbitration.
SEC. 3037. FEDERAL RECLAMATION LAW.
No conveyance under this subtitle shall restrict or limit the
authority or ability of the Secretary to fulfill the duties of the
Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
Subtitle D--Miscellaneous
SEC. 3041. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) Conveyance.--
(1) In general.--Subject to subsections (b) and (c), the
Secretary of the Interior shall convey to the city of Fallon,
Nevada, all right, title, and interest of the United States in
and to approximately 6.3 acres of real property in the Newlands
Reclamation Project, Nevada, generally known as ``380 North
Taylor Street, Fallon, Nevada'', and identified for disposition
on the map entitled ``Fallon Rail Freight Loading Facility''.
(2) Map.--The map referred to in paragraph (1) shall be on
file and available for public inspection in--
(A) the offices of the Commissioner of the Bureau
of Reclamation; and
(B) the offices of the Area Manager of the Bureau
of Reclamation, Carson City, Nevada.
(b) Consideration.--
(1) In general.--The Secretary shall require that, as
consideration for the conveyance under subsection (a), the city
of Fallon, Nevada, shall pay to the United States an amount
equal to the fair market value of the real property, as
determined--
(A) by an appraisal of the real property, conducted
not later than 60 days after the date of enactment of
this Act by an independent appraiser approved by the
Commissioner of Reclamation and paid for by the city of
Fallon, Nevada; and
(B) without taking into consideration the value of
any structures or improvements on the property.
(2) Credit of proceeds.--The amount paid to the United
States under paragraph (1) shall be credited, in accordance
with section 204(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(c)), to the appropriate
fund in the Treasury relating to the Newlands Reclamation
Project, Nevada.
(c) Liability.--The conveyance under subsection (a) shall not occur
until such data as the Commissioner of Reclamation certifies that all
liability issues relating to the property (including issues of
environmental liability) have been resolved.
SEC. 3042. LAND CONVEYANCE, TUPELO, OKLAHOMA.
(a) Conveyance Required.--Except as required by subsection (d), the
Secretary of Energy shall convey, at fair market value, to Rural
Enterprises of Oklahoma, Incorporated, all right, title, and interest
of the United States in and to a parcel of land, and any improvements
thereto, consisting of approximately 6.3 acres of the facility of the
Southwestern Power Administration in Tupelo, Oklahoma, for use in
economic development within the service area of the Tri-County Indian
Nations Community Development Corporation.
(b) Description of Parcel.--The exact acreage and description of
the parcel to be conveyed under subsection (a) shall be determined by a
survey that is satisfactory to the Secretary and to Rural Enterprises
of Oklahoma, Incorporated.
(c) Conditions of Conveyance.--As conditions of the conveyance
under subsection (a), the Secretary shall require that Rural
Enterprises of Oklahoma, Incorporated--
(1) agree to honor the terms of any lease of the parcel or
portion thereof that is in existence on the date of the
conveyance; and
(2) agree to bear the costs of the conveyance, including
the cost of the survey required by subsection (b) and the
appraisal required by subsection (f).
(d) Easement.--Under the terms of the conveyance of the parcel
under subsection (a), the Secretary shall retain an easement to the
parcel for the purpose of maintaining a sewage connection to the
electrical substation and lagoon facility located adjacent to the
parcel. Such easement shall include telephone and telegraph rights.
(e) Undepreciated Value.--The Southwestern Power Administration is
authorized to remove the undepreciated value of the facilities conveyed
under subsection (a) from its repayable investment obligation.
(f) Valuation of Land To Be Conveyed.--The fair market value of the
land to be conveyed under subsection (a) shall be determined by an
appraisal acceptable to the Secretary that is conducted by an appraiser
agreed upon by the Secretary and Rural Enterprises of Oklahoma,
Incorporated, and conducted in accordance with--
(1) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601; Public Law
91-646);
(2) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(3) the Uniform Standards of Professional Appraisal
Practice.
TITLE II--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM
SEC. 3201. SHORT TITLE.
This title may be cited as the ``Jicarilla Apache Reservation Rural
Water System Act''.
SEC. 3202. PURPOSES.
The purposes of this title are as follows:
(1) To ensure a safe and adequate rural, municipal, and
water supply and wastewater systems for the residents of the
Jicarilla Apache Reservation in the State of New Mexico in
accordance with Public Law 106-243.
(2) To authorize the Secretary of the Interior, through the
Bureau of Reclamation, in consultation and collaboration with
the Jicarilla Apache Nation--
(A) to plan, design, and construct the water
supply, delivery, and wastewater collection systems on
the Jicarilla Apache Reservation in the State of New
Mexico; and
(B) to include service connections to facilities
within the town of Dulce and the surrounding area, and
to individuals as part of the construction.
(3) To require the Secretary, at the request of the
Jicarilla Apache Nation, to enter into a self-determination
contract with the Jicarilla Apache Nation under title I of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f et seq.) under which--
(A) the Jicarilla Apache Nation shall plan, design,
and construct the water supply, delivery, and
wastewater collection systems, including service
connections to communities and individuals; and
(B) the Bureau of Reclamation shall provide
technical assistance and oversight responsibility for
such project.
(4) To establish a process in which the Jicarilla Apache
Nation shall assume title and responsibility for the ownership,
operation, maintenance, and replacement of the system.
SEC. 3203. DEFINITIONS.
As used in this title:
(1) BIA.--The term ``BIA'' means the Bureau of Indian
Affairs, an agency within the Department of the Interior.
(2) Irrigation.--The term ``irrigation'' means the
commercial application of water to land for the purpose of
establishing or maintaining commercial agriculture in order to
produce field crops and vegetables for sale.
(3) Reclamation.--The term ``Reclamation'' means the Bureau
of Reclamation, an agency within the Department of the
Interior.
(4) Report.--The term ``Report'' means the report entitled
``Planning Report/Environmental Assessment, Water and
Wastewater Improvements, Jicarilla Apache Nation, Dulce, New
Mexico'', dated September 2001, which was completed pursuant to
Public Law 106-243.
(5) Reservation.--The term ``Reservation'' means the
Jicarilla Apache Reservation in the State of New Mexico,
including all lands and interests in land that are held in
trust by the United States for the Tribe.
(6) Rural water supply project.--The term ``Rural Water
Supply Project'' means a municipal, domestic, rural, and
industrial water supply and wastewater facility area and
project identified to serve a group of towns, communities,
cities, tribal reservations, or dispersed farmsteads with
access to clean, safe domestic and industrial water, to include
the use of livestock.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
(9) Tribe.--The term ``Tribe'' means the Jicarilla Apache
Nation.
SEC. 3204. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.
(a) Construction.--The Secretary, in consultation and collaboration
with the Tribe, shall plan, design, and construct the Rural Water
Supply Project to improve the water supply, delivery, and wastewater
facilities to the town of Dulce, New Mexico, and surrounding
communities for the purpose of providing the benefits of clean, safe,
and reliable water supply, delivery, and wastewater facilities.
(b) Scope of Project.--The Rural Water Supply Project shall consist
of the following:
(1) Facilities to provide water supply, delivery, and
wastewater services for the community of Dulce, the Mundo Ranch
Development, and surrounding areas on the Reservation.
(2) Pumping and treatment facilities located on the
Reservation.
(3) Distribution, collection, and treatment facilities to
serve the needs of the Reservation, including, but not limited
to, construction, replacement, improvement, and repair of
existing water and wastewater systems, including systems owned
by individual tribal members and other residents on the
Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission and
distribution facilities, pipelines, pumping plants, and
facilities as the Secretary deems necessary or appropriate to
meet the water supply, economic, public health, and
environmental needs of the Reservation, including, but not
limited to, water storage tanks, water lines, maintenance
equipment, and other facilities for the Tribe on the
Reservation.
(c) Cost Sharing.--
(1) Tribal share.--Subject to paragraph (3) and subsection
(d), the tribal share of the cost of the Rural Water Supply
Project is comprised of the costs to design and initiate
construction of the wastewater treatment plant, to replace the
diversion structure on the Navajo River, and to construct raw
water settling ponds, a water treatment plant, water storage
plants, a water transmission pipeline, and distribution
pipelines, and has been satisfied.
(2) Federal share.--Subject to paragraph (3) and subsection
(d), the Federal share of the cost of the Rural Water Supply
Project shall be all remaining costs of the project identified
in the Report.
(3) Operation and maintenance.--The Federal share of the
cost of operation and maintenance of the Rural Water Supply
Project shall continue to be available for operation and
maintenance in accordance with the Indian Self-Determination
Act, as set forth in this title.
(d) Operation, Maintenance, and Replacement After Completion.--Upon
determination by the Secretary that the Rural Water Supply Project is
substantially complete, the Tribe shall assume responsibility for and
liability related to the annual operation, maintenance, and replacement
cost of the project in accordance with this title and the Operation,
Maintenance, and Replacement Plan under chapter IV of the Report.
SEC. 3205. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts, grants,
cooperative agreements, and other such agreements and to promulgate
such regulations as may be necessary to carry out the purposes and
provisions of this title and the Indian Self-Determination Act (Public
Law 93-638; 25 U.S.C. 450 et seq.).
SEC. 3206. PROJECT REQUIREMENTS.
(a) Plans.--
(1) Project plan.--Not later than 60 days after funds are
made available for this purpose, the Secretary shall prepare a
recommended project plan, which shall include a general map
showing the location of the proposed physical facilities,
conceptual engineering drawings of structures, and general
standards for design for the Rural Water Supply Project.
(2) OM&R plan.--The Tribe shall develop an operation,
maintenance, and replacement plan, which shall provide the
necessary framework to assist the Tribe in establishing rates
and fees for customers of the Rural Water Supply Project.
(b) Construction Manager.--The Secretary, through Reclamation and
in consultation with the Tribe, shall select a project construction
manager to work with the Tribe in the planning, design, and
construction of the Rural Water Supply Project.
(c) Memorandum of Agreement.--The Secretary shall enter into a
memorandum of agreement with the Tribe that commits Reclamation and BIA
to a transition plan that addresses operations and maintenance of the
Rural Water Supply Project while the facilities are under construction
and after completion of construction.
(d) Oversight.--The Secretary shall have oversight responsibility
with the Tribe and its constructing entity and shall incorporate value
engineering analysis as appropriate to the Rural Water Supply Project.
(e) Technical Assistance.--The Secretary shall provide such
technical assistance as may be necessary to the Tribe to plan, develop,
and construct the Rural Water Supply Project, including, but not
limited to, operation and management training.
(f) Service Area.--The service area of the Rural Water Supply
Project shall be within the boundaries of the Reservation.
(g) Other Law.--The planning, design, construction, operation, and
maintenance of the Rural Water Supply Project shall be subject to the
provisions of the Indian Self-Determination Act (25 U.S.C. 450 et
seq.).
(h) Report.--During the year that construction of the Rural Water
Supply Project begins and annually until such construction is
completed, the Secretary, through Reclamation and in consultation with
the Tribe, shall report to Congress on the status of the planning,
design, and construction of the Rural Water Supply Project.
(i) Title.--Title to the Rural Water Supply Project shall be held
in trust for the Tribe by the United States and shall not be
transferred or encumbered without a subsequent Act of Congress.
SEC. 3207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $45,000,000 (January 2002 dollars) plus or minus such
amounts, if any, as may be justified by reason of changes in
construction costs as indicated by engineering cost indexes applicable
to the types of construction involved for the planning, design, and
construction of the Rural Water Supply Project as generally described
in the Report dated September 2001.
(b) Conditions.--Funds may not be appropriated for the construction
of any project authorized under this title until after--
(1) an appraisal investigation and a feasibility study have
been completed by the Secretary and the Tribe; and
(2) the Secretary has determined that the plan required by
section 3206(a)(2) is completed.
(c) NEPA.--The Secretary shall not obligate funds for construction
until after the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural
Water Supply Project.
SEC. 3208. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.
None of the funds made available to the Secretary for planning or
construction of the Rural Water Supply Project may be used to plan or
construct facilities used to supply water for the purposes of
irrigation.
SEC. 3209. WATER RIGHTS.
The water rights of the Tribe are part of and included in the
Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-
441). These rights are adjudicated under New Mexico State law as a
partial final judgment and decree entered in the Eleventh Judicial
District Court of New Mexico. That Act and decree provide for
sufficient water rights under ``historic and existing uses'' to supply
water for the municipal water system. These water rights are recognized
depletions within the San Juan River basin and no new depletions are
associated with the Rural Water Supply Project. In consultation with
the United States Fish and Wildlife Service, Reclamation has determined
that there shall be no significant impact to endangered species as a
result of water depletions associated with this project. No other water
rights of the Tribe shall be impacted by the Rural Water Supply
Project.
TITLE III--UPPER MISSISSIPPI RIVER BASIN PROTECTION
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Upper Mississippi River Basin
Protection Act of 2002''.
SEC. 3302. DEFINITIONS.
In this title:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this title to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' means a scientific method
that uses the best available technical and scientific
information and techniques to identify and understand natural
resource management needs and appropriate treatments, to
implement conservation measures, and to assess the results of
treatments on natural resource health and sustainability in the
Upper Mississippi River Basin.
SEC. 3303. RELIANCE ON SOUND SCIENCE.
It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.
Subtitle A--Sediment and Nutrient Monitoring Network
SEC. 3311. ESTABLISHMENT OF MONITORING NETWORK.
(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 3321; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.
(c) Headquarters.--Sediment and nutrient monitoring information
shall be headquartered at the Upper Midwest Environmental Sciences
Center in La Crosse, Wisconsin.
SEC. 3312. DATA COLLECTION AND STORAGE RESPONSIBILITIES.
(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
(c) Protection of Privacy.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin is not subject
to the mandatory disclosure provisions of section 552 of title V,
United States Code, but may be released only as provided in subsection
(b).
SEC. 3313. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.
(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps, and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 3311.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 3311.
(d) Coordination With Lower Estuary Assessment Group.--The
Secretary of the Interior shall carry out this section in coordination
with the Lower Estuary Assessment Group, as authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).
SEC. 3314. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.
To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 3312(a), as determined by the Secretary.
SEC. 3315. COST SHARE REQUIREMENTS.
(a) Required Cost Sharing.--The non-Federal sponsors of the
sediment and nutrient monitoring network shall be responsible for not
less than 25 percent of the costs of maintaining the network.
(b) In-Kind Contributions.--Up to 80 percent of the non-Federal
share may be provided through in-kind contributions.
(c) Treatment of Existing Efforts.--A State or local monitoring
effort, in existence as of the date of the enactment of this Act, that
the Secretary of the Interior finds adheres to the guidelines
prescribed under section 3312(a) shall be deemed to satisfy the cost
share requirements of this section.
SEC. 3316. REPORTING REQUIREMENTS.
The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.
SEC. 3317. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.
Subtitle B--Computer Modeling and Research
SEC. 3321. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.
(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.
(e) Headquarters.--Information developed by computer modeling shall
be headquartered at the Upper Midwest Environmental Sciences Center in
La Crosse, Wisconsin.
SEC. 3322. USE OF ELECTRONIC MEANS TO DISTRIBUTE
INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.
SEC. 3323. REPORTING REQUIREMENTS.
(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to the Congress and make available to the public
an annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director of the
United States Geological Survey shall provide to the Congress and make
available to the public a progress report regarding modeling
activities.
Subtitle C--Authorization of Appropriations
SEC. 3331. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior $6,250,000 each fiscal year to carry out this
title.
(b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 3317.
TITLE IV--ROCKY BOY'S RESERVATION RURAL WATER SYSTEM
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Rocky Boy's/North Central Montana
Regional Water System Act of 2002''.
SEC. 3402. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the water systems serving residents of the Rocky Boy's
Reservation in the State of Montana--
(A) do not meet minimum health and safety
standards;
(B) pose a threat to public health and safety; and
(C) are inadequate to supply the water needs of the
Chippewa Cree Tribe;
(2) the United States has a trust responsibility to ensure
that adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Reservation;
(3) the entities administering the rural and municipal
water systems in North Central Montana are having difficulty
complying with regulations promulgated under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); and
(4) Lake Elwell, near Chester, Montana, would provide the
most available, reliable, and safe rural and municipal water
supply for serving the needs of the Reservation and north
central Montana.
(b) Purposes.--The purposes of this title are--
(1) to ensure a safe and adequate rural, municipal, and
industrial water supply for the residents of the Rocky Boy's
Reservation in the State of Montana;
(2) to assist the citizens residing in Chouteau, Hill,
Liberty, Pondera, Teton, and Toole Counties, Montana, but
outside the Reservation, in developing safe and adequate rural,
municipal, and industrial water supplies;
(3) to require the Secretary of the Interior, acting
through the Commissioner of Reclamation--
(A) to plan, design, and construct the core and
noncore systems of the Rocky Boy's/North Central
Montana Regional Water System in the State of Montana;
and
(B) to operate, maintain, and replace the core
system and the on-Reservation water distribution
systems, including service connections to communities
and individuals; and
(4) to require the Secretary, at the request of the
Chippewa Cree Tribe, to enter into a self-governance agreement
with the Tribe under title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 458aa et seq.), under
which the Tribe will plan, design, construct, operate,
maintain, and replace (including service connections to
communities and individuals)--
(A) the core system of the water supply system; and
(B) on-Reservation water distribution systems.
SEC. 3403. DEFINITIONS.
In this title:
(1) Authority.--The term ``Authority'' means the North
Central Montana Regional Water Authority established under
State law to allow public agencies to join together to secure
and provide water for resale.
(2) Core system.--The term ``core system'' means a
component of the water system described in section 3404(a)(5)
and the study.
(3) Noncore system.--The term ``noncore system'' means the
rural water system for Chouteau, Hill, Liberty, Pondera, Teton,
and Toole Counties, Montana, described in section 3405(c) and
the study.
(4) Reservation.--
(A) In general.--The term ``Reservation'' means the
Rocky Boy's Reservation in the State.
(B) Inclusions.--The term ``Reservation'' includes
all land and interests in land that are held in trust
by the United States for the Tribe (including future
additions to the Reservation).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(6) State.--The term ``State'' means the State of Montana.
(7) Study.--The term ``study'' means the study entitled
``North Central Montana Regional Water System Planning/
Environmental Report'' dated May 2000 (including the needs
assessment, environmental report, and feasibility level study).
(8) Tribe.--The term ``Tribe'' means--
(A) the Chippewa Cree Tribe on the Reservation; and
(B) all officers, agents, and departments of the
Tribe.
(9) Water system.--The term ``water system'' means--
(A) the core system; and
(B) on-Reservation water distribution systems.
SEC. 3404. ROCKY BOY'S RESERVATION RURAL WATER SYSTEM.
(a) Core System.--
(1) In general.--The Secretary shall plan, design,
construct, operate, maintain, and replace the core system.
(2) Federal share.--
(A) Planning, design, and construction.--The
Federal share of the cost of planning, design, and
construction of the core system shall be--
(i) 100 percent; and
(ii) funded through annual appropriations
to the Bureau of Reclamation.
(B) Operation, maintenance, and replacement.--The
Federal share of the cost of operation, maintenance,
and replacement of the core system shall be--
(i) 100 percent of the Tribe's share of the
total capacity of the core pipeline of the core
system; and
(ii) funded through annual appropriations
to the Bureau of Indian Affairs.
(3) Non-federal share.--The non-Federal share of the cost
of operation, maintenance, and replacement of the core shall
be--
(A) prorated according to the nontribal users'
share of the total capacity of the core pipeline of the
core system; and
(B) fully reimbursable to the Secretary.
(4) Agreements.--Federal funds made available to carry out
this subsection may be obligated and expended only in
accordance with an agreement entered into under subsection (c).
(5) Components.--The core system shall consist of--
(A) intake, pumping, water storage, and treatment
facilities located at Tiber Reservoir, with water
obtained from Lake Elwell stored behind Tiber Dam, near
Chester, Montana;
(B) transmission pipelines, pumping stations, and
storage reservoirs extending from Lake Elwell near
Chester, Montana, approximately 60 miles east to the
communities throughout the Reservation;
(C) appurtenant buildings and access roads;
(D) all property and property rights necessary for
the facilities described in this subsection; and
(E) electrical power transmission and distribution
facilities necessary for services to core system
facilities and noncore system facilities.
(b) On-Reservation Water Distribution Systems.--
(1) In general.--The Secretary shall operate, maintain, and
replace the water distribution systems of the Reservation.
(2) Federal share.--The Federal share of the cost of
operation, maintenance, and replacement of a water distribution
system on the Reservation shall be--
(A) 100 percent; and
(B) funded through annual appropriations to the
Bureau of Indian Affairs.
(3) Agreements.--Federal funds made available to carry out
this subsection may be obligated and expended only in
accordance with an agreement entered into under subsection (c).
(4) Components.--The water distribution systems of the
Reservation shall consist of--
(A) water systems in existence on the date of
enactment of this Act that may be purchased, improved,
and repaired in accordance with an agreement entered
into under subsection (c);
(B) water systems owned by individual members of
the Tribe and other residents of the Reservation;
(C) any water distribution system that is upgraded
to current standards, disconnected from low-quality
wells, or expanded to serve increased demands;
(D) interconnections; and
(E) such other pipelines, pumping plants, power
lines, and facilities as the Secretary determines to be
appropriate to meet the water supply, economic, public
health, and environmental needs of the Reservation,
including water storage tanks, water lines, and other
facilities for the Tribe and the villages, communities,
and towns on the Reservation.
(c) Agreements.--
(1) In general.--At the request of the Tribe, the Secretary
shall enter into a self-governance agreement under title IV of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 458aa et seq.) with the Tribe to, in accordance with
this title--
(A) plan, design, construct, operate, maintain, and
replace the core system; and
(B) operate, maintain, and replace on-Reservation
water distribution systems.
(2) Project oversight administration.--The amount of
Federal funds that may be used to carry out paragraph (1)(A)
shall not exceed the amount that is equal to 3 percent of the
total field cost budget provided in the construction budget for
the core system prepared by the Tribe and approved by the
Secretary for the entire project construction period.
(d) Service Area.--The service area of the core system shall be the
Reservation and those non-tribal communities and persons that are
supplied with water directly from the core transmission line of the
core system.
(e) Construction Requirements.--The components of the core system
shall be planned and constructed to the extent necessary to meet the
municipal, rural, and industrial water supply requirements of the
service area of the core system as described in the study.
(f) Title to Core System.--Title to the core system--
(1) shall be held in trust by the United States for the
Tribe; and
(2) shall not be transferred unless a transfer is
authorized by an Act of Congress enacted after the date of
enactment of this Act.
(g) Technical Assistance.--The Secretary shall provide such
technical assistance as is necessary to enable the Tribe to plan,
design, construct, operate, maintain, and replace the core system,
including operation and management training.
SEC. 3405. NONCORE SYSTEM.
(a) In General.--The Secretary shall enter into a cooperative
agreement with the Authority to provide Federal funds for the planning,
design, and construction of the noncore system in Chouteau, Hill,
Liberty, Pondera, Teton, and Toole Counties, Montana, outside the
Reservation.
(b) Federal Share.--
(1) Planning, design, and construction.--The Federal share
of the cost of planning, design, and construction of the
noncore system shall be not more than 75 percent, as determined
by the Secretary.
(2) Operation, maintenance, and replacement.--The cost of
operation, maintenance, and replacement of the noncore system
shall be fully reimbursable to the Secretary.
(3) Cooperative agreement.--Federal funds made available to
carry out this section may be obligated and expended only in
accordance with a cooperative agreement entered into under
subsection (d).
(c) Components.--The components of the noncore system on which
Federal funds may be obligated and expended under this section shall
include--
(1) storage, pumping, and pipeline facilities;
(2) appurtenant buildings and access roads;
(3) all property and property rights necessary for the
facilities described in this subsection;
(4) electrical power transmission and distribution
facilities necessary for service to noncore system facilities;
(5) planning and design services for all such facilities;
and
(6) other facilities and services customary to the
development of a rural water distribution system in the State.
(d) Cooperative Agreement.--
(1) In general.--At the request of the Chippewa Cree Water
Resources Subcommittee, the Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
noncore system.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall specify, in a manner that is acceptable to
the Secretary, the Tribe, and the Authority--
(A) the responsibilities of each party to the
agreement for--
(i) the final engineering report;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to
performance of the activities described in
clauses (i) through (iv);
(B) the procedures and requirements for approval
and acceptance of the design and construction and for
carrying out other activities described in subparagraph
(A); and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(3) Project oversight administration.--The amount of
Federal funds that may be used to carry out paragraph (1) shall
not exceed the amount that is equal to 3 percent of the total
field cost budget provided in the construction budget for the
noncore system prepared by the Authority and approved by the
Secretary for the entire project construction period.
(4) Oversight.--The Authority shall have oversight
responsibility over the noncore system.
(e) Service Area.--
(1) In general.--Except as provided in paragraph (2), the
service area of the noncore system shall be generally defined
as the area--
(A) north of the Missouri River and Dutton,
Montana;
(B) south of the border between the United States
and Canada;
(C) west of Havre, Montana; and
(D) east of Cut Bank, Montana.
(2) Exclusions from service area.--The service area of the
noncore system shall not include the area inside the
Reservation.
(f) Limitation on Use of Federal Funds.--The operation and
maintenance expenses associated with nontribal water deliveries from
the core system to the noncore system--
(1) shall not be a Federal responsibility; and
(2) shall be borne by the noncore system.
(g) Title to Noncore System.--Title to the noncore system shall be
held by the Authority.
SEC. 3406. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.
The Secretary shall not obligate funds for construction of the core
system or the noncore system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to
the core system and the noncore system; and
(2) the date that is 90 days after the date of submission
to Congress of a final engineering report approved by the
Secretary.
SEC. 3407. INTERCONNECTION CHARGES.
The cost of interconnection of nontribal community water
distribution systems and individual service systems to transmission
lines of the core system and noncore system shall be the responsibility
of the entities receiving water from the transmission lines.
SEC. 3408. NONDIMINISHMENT OF TIBER RESERVOIR ALLOCATION TO THE TRIBE.
In providing for the delivery of water to the noncore system, the
Secretary shall not diminish the 10,000 acre-feet per year of water
stored for the Tribe pursuant to section 201 of the Chippewa Cree Tribe
of The Rocky Boy's Reservation Indian Reserved Water Rights Settlement
and Water Supply Enhancement Act of 1999 (Public Law 106-163; 113 Stat.
1789) in Lake Elwell, Lower Marias Unit, Upper Missouri Division, Pick-
Sloan Missouri Basin Program, Montana.
SEC. 3409. USE OF PICK-SLOAN POWER.
(a) In General.--The Secretary shall authorize and provide for the
use of power from the Pick-Sloan Eastern Division to start up and
operate the water system and the noncore system.
(b) Reservation of Power.--The Secretary shall reserve, and make
available, for the purpose authorized by subsection (a)--
(1) during the irrigation season, Pick-Sloan Eastern
Division power identified for future project use pumping; and
(2) during the nonirrigation season, Pick-Sloan Eastern
Division preference power, to the extent that the power is
available.
(c) Rate.--The rate for project use power made available under
subsection (b) shall be--
(1) during the irrigation season, the project use pumping
power rate; and
(2) during the nonirrigation season, the wholesale firm
power rate.
(d) Additional Power.--If power in addition to the power made
available under subsection (b) is required to meet the pumping
requirements of the service area of the water system and the noncore
system, the Administrator of the Western Area Power Administration may
purchase the necessary additional power under such terms and conditions
as the Administrator determines to be appropriate.
(e) Recovery of Expenses.--Expenses associated with power purchases
under subsections (a) and (d) shall be included in the operation,
maintenance, and replacement costs and recovered in accordance with
sections 3404(a)(3)(B) and 3405(b)(2).
SEC. 3410. WATER CONSERVATION PLAN.
(a) In General.--The Tribe and the Authority shall develop a water
conservation plan that contains--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for implementing the water conservation
measures to meet the water conservation objectives.
(b) Purpose.--The water conservation plan under subsection (a)
shall be designed to ensure that users of water from the core system,
on-Reservation water distribution systems, and the noncore system will
use the best practicable technology and management techniques to
conserve water.
(c) Public Participation.--Section 210(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to an activity authorized
under this title.
SEC. 3411. WATER RIGHTS.
This title does not--
(1) impair the validity of or preempt any provision of
State water law or any interstate compact governing water;
(2) alter the right of any State to any appropriated share
of the water of any body of surface or ground water, whether
determined by any past or future interstate compact or by any
past or future legislative or final judicial allocation;
(3) preempt or modify any Federal or State law or
interstate compact concerning water quality or disposal;
(4) confer on any non-Federal entity the authority to
exercise any Federal right to the water of any stream or to any
ground water resource;
(5) affect any right of the Tribe to water, located within
or outside the external boundaries of the Reservation, based on
a treaty, compact, Executive order, agreement, Act of Congress,
aboriginal title, the decision in Winters v. United States, 207
U.S. 564 (1908) (commonly known as the ``Winters Doctrine''),
or other law; or
(6) validate or invalidate any assertion of the existence,
nonexistence, or extinguishment of any water right held or
Indian water compact entered into by the Tribe or by any other
Indian tribe or individual Indian under Federal or State law.
SEC. 3412. AUTHORIZATION OF APPROPRIATIONS.
(a) Core System.--There are authorized to be appropriated--
(1) $120,000,000 for the planning, design, and construction
of the core system; and
(2) such sums as are necessary for the operation,
maintenance, and replacement of the water system, including
power costs of the Western Area Power Administration.
(b) Noncore System.--There is authorized to be appropriated
$60,000,000 for the planning, design, and construction of the noncore
system.
(c) Cost Indexing.--The sums authorized to be appropriated under
this section may be increased or decreased by such amounts as are
justified by reason of ordinary fluctuations in development costs
incurred after July 1, 1997, as indicated by engineering cost indices
applicable for the type of construction involved.
TITLE V--KLAMATH BASIN AUTHORIZATIONS
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Klamath Basin Emergency Operation
and Maintenance Refund Act of 2002''.
SEC. 3502. QUALIFIED KLAMATH PROJECT ENTITY DEFINED.
In this title, the term ``qualified Klamath Project entity'' means
an entity that--
(1) has executed a water supply contract with the United
States for water from the Upper Klamath Lake and the Klamath
River of the Klamath Project pursuant to the reclamation laws,
including the Act of June 17, 1902 (32 Stat. 388), and Acts
amendatory thereof or supplementary thereto;
(2) distributes water received under the contract;
(3) received a severely limited irrigation supply from the
Upper Klamath Lake and the Klamath River based on the Bureau of
Reclamation 2001 annual operations plan dated April 6, 2001;
and
(4) was not reimbursed for its operation and maintenance
expenses for 2001 pursuant to State law.
SEC. 3503. REFUND AND WAIVER OF ASSESSMENTS AND CHARGES FOR OPERATION
AND MAINTENANCE OF KLAMATH PROJECT.
(a) In General.--The Secretary of the Interior is authorized to pay
to each qualified Klamath Project entity an amount equal to the amount
assessed or charged to members of the qualified Klamath Project entity,
or to other persons receiving water or drainage service from such an
entity, for operation and maintenance of Klamath Project transferred
and reserved works for 2001.
(b) Conditions.--Payment under this section may be made to a
qualified Klamath Project entity only after the entity has--
(1) provided to the Secretary documentation satisfactory to
the Bureau of Reclamation, demonstrating the total amount
assessed or charged to members of the entity or to persons
receiving service from the entity; and
(2) executed a binding agreement under which the funds paid
to the entity under this section shall be distributed to each
member of the entity or persons receiving service from the
entity in an amount equal to the amount collected by the entity
from the member or person for operation and maintenance for
2001.
(c) Waiver of Remaining and Additional Charges.--The Secretary may
waive any requirement that a qualified Klamath Project entity pay
remaining or additional charges for operation and maintenance of
Klamath Project reserved works for 2001.
(d) Payments and Waivers for Individuals.--The Secretary--
(1) may pay, to any individual within the Klamath Project
who holds a contract entered into pursuant to the Act of
February 21, 1911 (36 Stat. 925; 43 U.S.C. 523-525), popularly
known as the ``Warren Act'', and who is not within a district
that receives a payment pursuant to subsection (a) and a waiver
under subsection (c), an amount equal to the amount collected
from such individual for operation and maintenance of Klamath
Project reserved works for 2001; and
(2) may forego collection from such individual of charges
for operation and maintenance of such works for the remainder
of 2001.
SEC. 3504. AUTHORIZATION OF APPROPRIATIONS.
Amounts not paid by a qualified Klamath Project entity to the
Bureau of Reclamation for the operation and maintenance of the reserved
works for 2001 shall be funded from the appropriations authorized by
this title. Costs incurred by the Bureau of Reclamation in carrying out
this title shall not be reimbursable.
SEC. 3505. NO SUPPLEMENTAL OR ADDITIONAL BENEFIT.
Activities under this title or funded pursuant to this title shall
not be considered a supplemental or additional benefit under the Act of
June 17, 1902 (82 Stat. 388), and all Acts amendatory thereof or
supplementary thereto.
TITLE VI--CENTRAL UTAH PROJECT AMENDMENTS
SEC. 3601. AMENDMENTS TO THE CENTRAL UTAH PROJECT COMPLETION ACT.
(a) Treatment of Investigation Costs.--Section 201(b) of the
Central Utah Project Completion Act (106 Stat. 4607) is amended
following paragraph (2) by inserting the following: ``All amounts
previously expended in planning and developing the projects and
features described in this subsection including amounts previously
expended for investigation of power features in the Bonneville Unit
shall be considered non-reimbursable and non-returnable.''.
(b) Clarification of Secretarial Responsibilities.--Section 201(e)
of the Central Utah Project Completion Act (106 Stat. 4608) is
amended--
(1) in the first sentence--
(A) by striking ``identified in this Act'' and
inserting ``identified in this title and the Act of
April 11, 1956 (chapter 203; 70 Stat. 110 et seq.),
popularly known as the Colorado River Storage Project
Act,'';
(B) by inserting ``relating to the Bonneville Unit
of the Central Utah Project including oversight for all
phases of the Bonneville Unit, the administration of
all prior and future contracts, operation and
maintenance of previously constructed facilities''
before ``and may not delegate'';
(C) by striking ``his responsibilities under this
Act'' and inserting ``such responsibilities''; and
(D) by striking the period after ``Reclamation''
and inserting: ``, except through the pilot management
program hereby authorized. The pilot management program
will exist for a period not to exceed 5 years and shall
provide a mechanism for the Secretary and the District
to create a mutually acceptable organization within the
Bureau of Reclamation to assist the Secretary in his
responsibilities for the long-term management of the
Bonneville Unit. Such pilot management program may be
extended indefinitely by mutual agreement between the
Secretary and the District.'';
(2) in the second sentence--
(A) by inserting ``technical'' before ``services'';
and
(B) by inserting ``for engineering and construction
work'' before ``on any project features''; and
(3) by inserting at the end thereof the following new
sentence: ``These provisions shall not affect the
responsibilities of the Bureau of Reclamation and the Western
Area Power Administration regarding all matters relating to all
Colorado River Storage Project power functions, including all
matters affecting the use of power revenues, power rates and
ratemaking.''.
(c) Municipal and Industrial Water.--Section 202(a)(1)(B) of the
Central Utah Project Completion Act (106 Stat. 4608) is amended in the
last sentence by inserting ``and municipal and industrial water'' after
the word ``basin''.
(d) Use of Unexpended Budget Authority.--Section 202(c) of the
Central Utah Project Completion Act (106 Stat. 4611) is amended to read
as follows: ``The Secretary is authorized to utilize all unexpended
budget authority for units of the Central Utah Project up to
$300,000,000 and the balance of such budget authority in excess of this
amount is deauthorized. Such $300,000,000 may be used to provide 65
percent Federal share pursuant to section 204, to acquire water and
water rights for project purposes including instream flows, to complete
project facilities authorized in this title and title III, to implement
water conservation measures under section 207, including use of reverse
osmosis membrane technologies, water recycling, and conjunctive use, to
stabilize high mountain lakes and appurtenant facilities, to develop
power, and for other purposes. In addition, funds may be provided by
the Commission for fish and wildlife purposes. The District shall
comply with the provisions of sections 202(a)(1), 205(b), and Title VI
with respect to the features to be provided for in this subsection.''.
(e) Prepayment of repayment.--Section 210 of the Central Utah
Project Completion Act (106 Stat. 4624) is amended--
(1) in the second sentence--
(A) by inserting ``or any additional or
supplemental repayment contract'' after ``1985,''; and
(B) by inserting ``of the Central Utah Project''
after ``water delivery facilities''; and
(2) by striking ``The District shall exercise'' and all
that follows through the end of that sentence.
SEC. 3602. USE OF PROJECT FACILITIES FOR NONPROJECT WATER.
The Secretary of the Interior may enter into contracts with the
Provo River Water Users Association or any of its member unit
contractors for water from Provo River, Utah, under the Act of February
21, 1911 (43 U.S.C. 523), for--
(1) the impounding, storage, and carriage of nonproject
water for domestic, municipal, industrial, and other beneficial
purposes, using facilities associated with the Provo River
Project, Utah; and
(2) the exchange of water among Provo River Project
contractors, for the purposes set forth in paragraph (1), using
facilities associated with the Provo River Project, Utah.
TITLE VII--BUREAU OF RECLAMATION RECREATION PROJECTS
SEC. 3701. SHORT TITLE.
This title may be cited as the ``Reclamation Recreation Management
Act of 2002''.
SEC. 3702. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT.
(a) Congressional Policy.--The first section of the Federal Water
Project Recreation Act (16 U.S.C. 460l-12) is amended by striking
``public bodies'' and inserting ``entities''.
(b) Allocation of Costs.--Section 2 of the Federal Water Project
Recreation Act (16 U.S.C. 460l-13) is amended--
(1) in subsection (a) by striking ``, before authorization
of a project,'';
(2) in subsection (a), by striking ``public bodies'' and
inserting ``entities'' and by striking ``Projects authorized
during the calendar year'' and all that follows to the end of
the subsection;
(3) in subsection (b) by striking ``non-Federal interests''
each place it appears and inserting ``non-Federal entities'';
(4) in subsection (b)(2)--
(A) by striking ``: Provided, That the source of
repayment may be limited to'' and inserting ``. The
source of repayment may include''; and
(B) by inserting ``and retained'' after
``collected''; and
(5) in subsection (b)(2) by adding at the end the
following: ``Fees and charges may be collected, retained and
used by the non-Federal entities for operation, maintenance,
and replacement of recreation facilities on project lands and
waters being managed by the non-Federal entities. As
established by the Secretary, any excess revenues will be
credited to the Reclamation Fund to remain available, without
further Act of appropriation, to support recreation development
and management of Bureau of Reclamation land and water
areas.''.
(c) Recreation and Fish and Wildlife Enhancement.--Section 3 of the
Federal Water Project Recreation Act (16 U.S.C. 460l-14) is amended--
(1) by striking subsection (a), redesignating subsection
(b) as subsection (a), and inserting after subsection (a) (as
so redesignated) the following:
``(b) In the absence of a non-Federal managing partner, the
Secretary of the Interior, acting through the Commissioner of
Reclamation, is authorized, as a part of any water resource development
project under the Secretary's control heretofore or hereafter
authorized or reauthorized, to investigate, plan, construct, replace,
manage, operate and maintain or otherwise provide for public use and
enjoyment of project lands, facilities, and water areas in a manner
coordinated with the other project purposes; the costs of which are
nonreimbursable.'';
(2) in subsection (a) (as so redesignated)--
(A) by inserting ``or enhance'' after ``project
construction to preserve'';
(B) by striking ``enhancement potential'' each
place it appears and inserting ``resources'';
(C) by striking ``public bodies'' each place it
appears and inserting ``entities'';
(D) by striking ``public body'' and inserting
``entity''; and
(E) by striking ``or, in the absence thereof, will
not detract from that potential'';
(3) in subsection (c)(1)(B) by striking ``public body''
each place it appears and inserting ``entity''; and
(4) by adding at the end of subsection (c) the following:
``(3) In the absence of a non-Federal managing partner, the
Secretary of the Interior, acting through the Commissioner of
Reclamation, may modify or expand existing facilities, the costs of
which are nonreimbursable.''.
(d) Lease of Facilities.--
(1) Repeal.--Section 4 of the Federal Water Project
Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 5
through 12 of such Act are redesignated as sections 4 through
11, respectively.
(2) Conforming amendment.--Section 6(e) of the Federal
Water Project Recreation Act (16 U.S.C. 460l-17(e)) is amended
by striking ``4, and 5'' and inserting ``, and 4''.
(e) Post Authorization Development.--Section 5 of the Federal Water
Project Recreation Act (16 U.S.C. 460l-16) is amended by striking
``public bodies'' and inserting ``entities''.
(f) Provision of Facilities.--Section 7 of the Federal Water
Project Recreation Act (16 U.S.C. 460l-18) is amended--
(1) in subsection (e) by striking ``and 5'' and inserting
``and between 3 and 4'';
(2) in subsection (g) by striking ``3(b)'' and inserting
``3(a)''; and
(3) in subsection (h) by striking ``public bodies'' and
inserting ``entities''; and by striking ``3(b)'' and inserting
``3(a)''.
(g) Miscellaneous Reports.--Section 6 of the Federal Water Project
Recreation Act (16 U.S.C. 460l-17) is amended by adding at the end the
following:
``(i) Amounts collected under section 2805 of Public Law 102-575
for admission to or recreation use of project land and waters shall be
deposited in a special account in the Reclamation Fund and remain
available to the Commissioner of Reclamation without further
appropriation until expended. Such funds may be used for the
development, reconstruction, replacement, management, and operation of
recreation resources on project lands and waters with not less than 60
percent being used at the site from which the fees were collected.''.
(h) Management for Recreation, Fish and Wildlife, and Other
Resources.--Section 7 of the Federal Water Project Recreation Act (16
U.S.C. 460l-18) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized, in conjunction with any
water resource development project heretofore or hereafter constructed
or which is otherwise under the Secretary's control, to--
``(1) investigate, plan, design, construct, replace,
manage, operate, and maintain or otherwise provide for
recreation and fish and wildlife enhancement facilities and
services, the costs of which may be nonreimbursable;
``(2) provide for public use and enjoyment of project
lands, facilities, and water areas in a manner coordinated with
the other project purposes, including by entering into grants,
cooperative agreements, and similar instruments with non-
Federal entities, without cost sharing, for recreation projects
and activities; and
``(3) to acquire or otherwise make available such adjacent
lands or interests therein as are necessary for public
recreation or fish and wildlife use.'';
(2) in subsection (b)--
(A) by inserting ``, acting through the
Commissioner of Reclamation,'' after ``the Secretary of
the Interior'';
(B) by inserting ``and management'' after
``administration'';
(C) by striking ``lease''; and
(D) by adding at the end the following: ``All such
agreements or contracts for administration or
management shall identify the terms and conditions of
administration, management, and use, approvals required
from Bureau of Reclamation, and assure public access to
project lands managed for recreation.'';
(3) by adding at the end the following:
``(d) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is also authorized to enter into
agreements with other non-Federal entities for recreation and
concession management at Bureau of Reclamation projects. All such
agreements or contracts for management shall identify the terms and
conditions of management and use, approvals required from the Bureau of
Reclamation, and assure public access to project lands managed for
recreation.''; and
``(e) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized to approve the
administration, management, and use of Bureau of Reclamation lands,
waters, and the resources thereon by means of easements, leases,
licenses, contracts, permits, and other forms of conveyance
instruments.
``(f) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized to produce, sell, or
otherwise make available to the public: information about Bureau of
Reclamation programs including publications, photographs, computer
discs, maps, brochures, posters, videos, and other memorabilia related
to the Bureau of Reclamation, and the natural, historic, and cultural
resources of the area; and, other appropriate and suitable merchandise
to enhance the public's use of the area. Income from such sales shall
be credited to the Reclamation Fund to remain available, without
further Act of appropriation, to pay costs associated with the
production and sale of items, and any remaining revenue shall be
available, without further Act of appropriation, to support recreation
development and management of Bureau of Reclamation land and water
areas.''.
(i) Definitions.--Section 10 of the Federal Water Project
Recreation Act (16 U.S.C. 460l-21) is amended by adding at the end the
following:
``(f) The term `non-Federal entity' means non-Federal public
bodies, nonprofit organizations, Indian tribes, or entities within the
private sector.''.
(j) Authorization of Appropriations.--The Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.) is amended by redesignating
section 11 (as redesignated by subsection (d) of this section) as
section 12, and by inserting after section 10 the following:
``SEC. 11. AVAILABILITY OF APPROPRIATIONS.
``Funds appropriated under this section may remain available until
expended.''.
(k) Limitation on Application.--This section and the amendments
made by this section shall apply only to water resource development
projects under the control of the Secretary of the Interior.
SEC. 3703. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR.
(a) Construction of Facilities.--As soon as practicable after funds
are made available for this section, the Secretary of the Interior
shall construct recreational facilities at Lost Creek Reservoir in
Utah.
(b) Maintenance and Operation of Facilities.--Construction of
recreational facilities under subsection (a) shall begin only after the
Secretary has entered into a cooperative agreement with the State of
Utah that provides for the operation and maintenance of the
recreational facilities.
(c) Cost Sharing.--The Federal share of the cost of construction
carried out under this section shall be 50 percent.
SEC. 3704. TECHNICAL CORRECTION.
Section 1(g) of Public Law 107-69 (115 Stat. 595) is amended by
striking ``section 2(c)(1)'' and inserting ``subsection (c)(1)''.
SEC. 3705. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER RECLAMATION AND
REUSE PROJECT.
(a) Authorization of Project.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the following:
``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Austin Water and Wastewater Utility, Texas, is authorized to
participate in the planning (including an appraisal and feasibility
study), design, and construction of, and land acquisition for, a
project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the City of
Austin Water and Wastewater Utility, Texas.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.''.
(b) Clerical Amendment.--The table of contents in section 2 of
Public Law 102-575 (106 Stat. 4600) is amended by adding at the end of
the items relating to chapter XVI the following:
``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''.
SEC. 3706. WILLARD BAY RESERVOIR ENLARGEMENT STUDY.
(a) Authorization of Feasibility Study.--Pursuant to the
reclamation laws, the Secretary of the Interior, through the Bureau of
Reclamation, may conduct a feasibility study on raising the height of
Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir
for the development of additional storage to meet water supply needs
within the Weber Basin Project area. The feasibility study shall
include such environmental evaluation as required under the National
Environmental Policy Act of 1969 and a cost allocation as required
under the Reclamation Projects Act of 1939.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a report on the results of the
study to the Congress for review and approval.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $2,000,000.
SEC. 3707. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.
(a) Authorization of Cooperative and Interagency Agreements.--
Section 3(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note) is amended in the first sentence by inserting ``and cooperative
and interagency agreements'' after ``contracts''.
(b) Authorization of Appropriations.--Section 8 of such Act is
amended--
(1) in subsection (a) by striking ``1997 through 2002'' and
inserting ``2003 through 2008''; and
(2) in subsection (b) by striking ``$25,000,000 for fiscal
years 1997 through 2002'' and inserting ``$25,000,000 for
fiscal years 2003 through 2008''.
TITLE VIII--MISCELLANEOUS
SEC. 3801. MNI WICONI RURAL WATER SUPPLY PROJECT, SOUTH DAKOTA.
Section 10(a) of the Mni Wiconi Project Act of 1988 (Public Law
100-516; 102 Stat. 2571), as amended by section 813 of the Mni Wiconi
Act Amendments of 1994 (Public Law 103-434; 108 Stat. 4545), is
amended--
(1) in the first sentence, by inserting ``(based on October
1, 1992, price levels) and $58,800,000 (based on October 1,
1997, price levels)'' after ``$263,241,000'';
(2) in the second sentence, by striking ``2003'' and
inserting ``2008''; and
(3) in the last sentence, by inserting ``(with respect to
the $263,241,000), and October 1, 1997 (with respect to the
$58,800,000)'' after ``1992''.
SEC. 3802. COMPREHENSIVE STUDY OF THE RATHDRUM PRAIRIE/SPOKANE VALLEY
AQUIFER.
(a) In General.--The Secretary of the Interior, in consultation
with the State of Idaho and the State of Washington, shall conduct a
comprehensive study of the Rathdrum Prairie/Spokane Valley Aquifer for
the purpose of preparing a model of the aquifer and establishing for
those States a mutually acceptable understanding of the aquifer as a
ground water resource.
(b) Report.--The Secretary shall submit to the Congress a report on
the findings and conclusions of the study by not later than 3 years
after the date of the enactment of this Act.
(c) Authorization of Appropriations.--For conducting the study
under this section there is authorized to be appropriated to the
Secretary $3,500,000.
SEC. 3803. LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND
IMPROVEMENT.
(a) Authorization of Projects.--Section 4(a) of the Lower Rio
Grande Valley Water Resources Conservation and Improvement Act of 2000
(Public Law 106-576; 114 Stat. 3067) is amended by adding at the end
the following:
``(5) In the United Irrigation District of Hidalgo County,
Texas, a pipeline and pumping system as identified in the
Sigler, Winston, Greenwood, Associates, Incorporated, study
dated January 2001.
``(6) In the Cameron County, Texas, Irrigation District No.
2, proposed improvements to Canal C, as identified in the
February 8, 2001, engineering report by Martin, Brown, and
Perez.
``(7) In the Cameron County, Texas, Irrigation District No.
2, a proposed Canal C and Canal 13 Inner Connect, as identified
in the February 12, 2001, engineering report by Martin, Brown,
and Perez.
``(8) In Delta Lake Irrigation District of Hidalgo and
Willacy Counties, Texas, proposed water conservation projects,
as identified by the AW Blair Engineering report of February
13, 2001.
``(9) In the Hidalgo and Cameron County, Texas, Irrigation
District No. 9, a proposed project to salvage spill water using
automatic control of canal gates as identified in the AW Blair
Engineering report dated February 14, 2001.
``(10) In the Brownsville Irrigation District of Cameron
County, Texas, a proposed main canal replacement as outlined in
the Holdar-Garcia & Associates engineering report dated
February 14, 2001.
``(11) In the Hidalgo County, Texas, Irrigation District
No. 16, a proposed off-district pump station project as
identified by the Melden & Hunt, Incorporated, engineering
report dated February 14, 2001.
``(12) In the Hidalgo County, Texas, Irrigation District
No. 1, a proposed canal replacement of the North Branch East
Main, as outlined in the Melden & Hunt, Incorporated,
engineering analysis dated February, 2001.
``(13) In the Donna (Texas) Irrigation District, a proposed
improvement project as identified by the Melden & Hunt,
Incorporated, engineering analysis dated February 13, 2001.
``(14) In the Hudspeth County, Texas, Conservation and
Reclamation District No. 1, the Alamo Arroyo Pumping Plant
water quality project as identified by the engineering report
and drawings by Gebhard-Sarma and Associates dated July 1996
and the construction of a 1,000 acre-foot off-channel
regulating reservoir for the capture and conservation of
irrigation water, as identified in the engineering report by AW
Blair Engineering dated June 2002.
``(15) In the El Paso County, Texas, Water Improvement
District No. 1, the Riverside Canal Improvement Project Phase I
Reach A, a canal lining and water conservation project as
identified by the engineering report by AW Blair Engineering
dated June 2002.
``(16) In the Maverick County, Texas, Water Improvement and
Control District No. 1, the concrete lining project of 12 miles
of the Maverick Main Canal, identified in the engineering
report by AW Blair Engineering dated June 2002.
``(17) In the Hidalgo County, Texas, Irrigation District
No. 6, rehabilitation of 10.2 miles of concrete lining in the
main canal between Lift Stations Nos. 2 and 3 as identified in
the engineering report by AW Blair Engineering dated June 2002.
``(18) In the Hidalgo County, Texas, Irrigation District
No. 2, Wisconsin Canal Improvements as identified in the
Sigler, Winston, Greenwood & Associates, Incorporated,
engineering report dated February 2001.
``(19) In the Hidalgo County, Texas, Irrigation District
No. 2, Lateral `A' Canal Improvements as identified in the
Sigler, Winston, Greenwood & Associates, Incorporated,
engineering report dated July 25, 2001.''.
(b) Amendments to the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000.--The Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000 (Public Law
106-576; 114 Stat. 3065 et seq.) is further amended as follows:
(1) Section 3(a) is amended in the first sentence by
striking ``The Secretary'' and all that follows through ``in
cooperation'' and inserting ``The Secretary, acting through the
Bureau of Reclamation, shall undertake a program under
cooperative agreements''.
(2) Section 3(b) is amended to read as follows:
``(b) Project Review.--Project proposals shall be reviewed and
evaluated under the guidelines set forth in the document published by
the Bureau of Reclamation entitled `Guidelines for Preparing and
Reviewing Proposals for Water Conservation and Improvement Projects
Under P.L. 106-576', dated June 2001.''.
(3) Section 3(d) is amended by inserting before the period
at the end the following: ``, including operation, maintenance,
repair, and replacement''.
(4) Section 3(e) is amended by striking ``the criteria
established pursuant to this section'' and inserting ``the
guidelines referred to in subsection (b)''.
(5) Subsection (f) of section 3 is amended by striking ``to
prepare'' and all that follows through the end of the
subsection and inserting ``to have the Secretary prepare the
reports required under this section. The Federal share of the
cost of such preparation by the Secretary shall not exceed 50
percent of the total cost of such preparation.''.
(6) Section 3(g) is amended by striking ``$2,000,000'' and
inserting ``$8,000,000''.
(7) Section 4(b) is amended--
(A) in the first sentence by striking ``costs of
any construction'' and inserting ``total project cost
of any project''; and
(B) in the last sentence by inserting ``the
actual'' before ``funds''.
(8) Section 4(c) is amended by striking ``$10,000,000'' and
inserting ``$47,000,000 (2001 dollars)''.
SEC. 3804. AUTHORIZATION OF LAKEHAVEN, WASHINGTON, WASTEWATER
RECLAMATION AND REUSE PROJECT.
(a) Authorization.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h
et seq.) is amended by adding at the end the following:
``SEC. 1635. LAKEHAVEN, WASHINGTON, WATER RECLAMATION AND REUSE
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Lakehaven Utility District, Washington, is authorized to participate in
the design, planning, and construction of, and land acquisition for, a
project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the Lakehaven
Utility District.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.''.
(b) Clerical Amendment.--The table of sections in section 2 of such
Act is amended by inserting after the item relating to section 1634 the
following:
``Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse
Project.''.
SEC. 3805. TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO.
1; REPAYMENT PERIOD EXTENDED.
The Secretary of the Interior may revise the repayment contract
with the Tom Green County Water Control and Improvement District No. 1
numbered 14-06-500-369, by extending the period authorized for
repayment of reimbursable constructions costs of the San Angelo project
from 40 years to 50 years.
SEC. 3806. SANTEE SIOUX TRIBE, NEBRASKA, WATER SYSTEM STUDY.
(a) Study.--Pursuant to reclamation laws, the Secretary of the
Interior (hereafter in this section referred to as the ``Secretary''),
through the Bureau of Reclamation and in consultation with the Santee
Sioux Tribe of Nebraska (hereafter in this section referred to as the
``Tribe''), shall conduct a feasibility study to determine the most
feasible method of developing a safe and adequate municipal, rural, and
industrial water treatment and distribution system for the Santee Sioux
Tribe of Nebraska that could serve the tribal community and adjacent
communities and incorporate population growth and economic development
activities for a period of 40 years.
(b) Cooperative Agreement.--At the request of the Tribe, the
Secretary shall enter into a cooperative agreement with the Tribe for
activities necessary to conduct the study required by subsection (a)
regarding which the Tribe has unique expertise or knowledge.
(c) Report.--Not later than 1 year after funds are made available
to carry out this section, the Secretary shall transmit to Congress a
report containing the results of the study required by subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 to carry out this section.
SEC. 3807. UPPER COLORADO RIVER FISH RECOVERY.
Public Law 106-392 (114 Stat. 1602) is amended as follows:
(1) Section 2(1) is amended by inserting ``and extended by
the Extension of the Cooperative Agreement dated December 6,
2001,'' after ``September 29, 1987,''.
(2) Section 3(a)(2) is amended by striking ``fiscal year
2005'' and inserting ``fiscal year 2008''.
(3) Section 3(a)(3) is amended by striking ``fiscal year
2007'' and inserting ``fiscal year 2008''.
(4) Section 3(b) is amended--
(A) in paragraph (1) by striking ``fiscal year
2005'' and inserting ``fiscal year 2008''; and
(B) in paragraph (2) by striking ``fiscal year
2007'' and inserting ``fiscal year 2008''.
(5) Section 3(c)(1) is amended by striking ``with'' and
inserting ``within''.
SEC. 3808. INCREASE IN FEDERAL SHARE OF SAN GABRIEL BASIN DEMONSTRATION
PROJECT.
Section 1631(d)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h-13) is amended--
(1) by striking ``In the case'' and inserting ``(A) Subject
to subparagraph (B), in the case''; and
(2) by adding at the end the following:
``(B) In the case of the San Gabriel Basin demonstration project
authorized by section 1614, the Federal share of the cost of such
project may not exceed the sum determined by adding--
``(i) the amount that applies to that project under
subparagraph (A); and
``(ii) $12,500,000.''.
DIVISION D--ENERGY AND MINERALS
SEC. 4101. REPEAL OF RESERVATION OF MINERAL RIGHTS, LIVINGSTON PARISH,
LOUISIANA.
(a) Amendments.--Section 102 of Public Law 102-562 (106 Stat. 4234)
is amended--
(1) by striking ``(a) In General.--'';
(2) by striking ``and subject to the reservation in
subsection (b),''; and
(3) by striking subsection (b).
(b) Implementation of Amendment.--The Secretary of the Interior
shall execute the legal instruments necessary to effectuate the
amendment made by subsection (a)(3).
SEC. 4102. USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN
NAVAL OIL SHALE RESERVES.
Section 7439 of title 10, United States Code, is amended--
(1) in subsection (f)(1), by striking the second sentence;
and
(2) by adding at the end the following new subsection:
``(g) Use of Receipts.--(1) The Secretary of the Interior may use,
without further appropriation, not more than $1,500,000 of the moneys
covered into the Treasury under subsection (f)(1) to cover the cost of
any additional analysis, site characterization, and geotechnical
studies deemed necessary by the Secretary to support environmental
restoration, waste management, or environmental compliance with respect
to Oil Shale Reserve Numbered 3. Upon the completion of such studies,
the Secretary of the Interior shall submit to Congress a report
containing--
``(A) the results and conclusions of such studies; and
``(B) an estimate of the total cost of the Secretary's
preferred alternative to address environmental restoration,
waste management, and environmental compliance needs at Oil
Shale Reserve Numbered 3.
``(2) If the cost estimate required by paragraph (1)(B) does not
exceed the total of the moneys covered into the Treasury under
subsection (f)(1) and remaining available for obligation as of the date
of submission of the report under paragraph (1), the Secretary of the
Interior may access such moneys, beginning 60 days after submission of
the report and without further appropriation, to cover the costs of
implementing the preferred alternative to address environmental
restoration, waste management, and environmental compliance needs at
Oil Shale Reserve Numbered 3. If the cost estimate exceeds such
available moneys, the Secretary of the Interior may only access such
moneys as authorized by subsequent Act of Congress.''.
SEC. 4103. TREATMENT OF ABANDONED MINE RECLAMATION FUND INTEREST.
(a) In General.--Notwithstanding any other provision of law, any
interest credited to the fund established by section 401 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) shall be
transferred to the Combined Fund identified in section 402(h)(2) of
such Act (30 U.S.C. 1232(h)(2)), up to such amount as is estimated by
the trustees of such Combined Fund to offset the amount of any deficit
in net assets in the Combined Fund.
(b) Prohibition on Other Transfers.--Except as provided in
subsection (a), no principal amounts in or credited to the fund
established by section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) may be transferred to the
Combine Fund identified in section 402(h)(2) of such Act (30 U.S.C.
1232(h)(2)).
(c) Limitation.--This section shall cease to have any force and
effect after September 30, 2004.
SEC. 4104. SENSE OF CONGRESS REGARDING FULL APPROPRIATION OF THE STATE
AND TRIBAL SHARES OF THE ABANDONED MINE RECLAMATION FUND.
(a) Findings.--The Congress finds the following:
(1) The Surface Mining Control and Reclamation Act of 1977
(33 U.S.C. 1201 et seq.) created the Abandoned Mine Reclamation
Fund capitalized with a reclamation fee assessed on every ton
of domestic coal production, for the purposes of protecting the
environment by restoring lands and waters adversely affected by
past mining practices.
(2) Under the Act, each State and Indian tribe having a
federally approved abandoned mine reclamation program is to be
allocated 50 percent of the reclamation fees collected in such
State, or collected with respect to Indian lands under the
jurisdiction of such tribe, respectively, subject to
appropriations.
(3) By the end of March 2002, $6,400,000,000 in reclamation
fees had been deposited into the Abandoned Mine Reclamation
Fund, but only $5,000,000,000 had been appropriated from the
fund, leaving an unappropriated balance of $1,400,000,000.
(4) By the end of March 2002, the State and tribal share of
the unappropriated balance in the Abandoned Mine Reclamation
Fund was $876,000,000.
(5) Of the unappropriated balance in the Abandoned Mine
Reclamation Fund--
(A) the State of Alabama should have received
$15,000,000;
(B) the State of Alaska should have received
$1,800,000;
(C) the State of Arkansas should have received
$4,000;
(D) the State of Colorado should have received
$19,300,000;
(E) the State of Illinois should have received
$26,000,000;
(F) the State of Iowa should have received $38,000;
(G) the State of Kansas should have received
$393,000;
(H) the State of Kentucky should have received
$109,800,000;
(I) the State of Louisiana should have received
$1,100,000;
(J) the State of Maryland should have received
$2,600,000;
(K) the State of Missouri should have received
$901,000;
(L) the State of Montana should have received
$39,800,000;
(M) the State of New Mexico should have received
$18,200,200;
(N) the State of North Dakota should have received
$10,200,000;
(O) the State of Ohio should have received
$21,500,000;
(P) the State of Oklahoma should have received
$1,900,000;
(Q) the State of Pennsylvania should have received
$51,600,000;
(R) the State of Texas should have received
$17,300,000;
(S) the State of Utah should have received
$12,300,000;
(T) the State of Virginia should have received
$23,200,000;
(U) the State of West Virginia should have received
$107,400,000;
(V) the State of Wyoming should have received
$323,900,000;
(W) the Crow Tribe should have received $6,200,000;
(X) the Hopi Tribe should have received $4,700,000;
and
(Y) the Navajo Tribe should have received
$26,000,000.
(6) Such States and tribes are being denied the use of the
unappropriated balance in the Abandoned Mine Reclamation Fund
for the benefit of their citizenry and their environment.
(b) Sense of Congress.--It is the sense of Congress that the
Federal budget for fiscal year 2004 should keep faith with the goals of
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201
et seq.) by providing to eligible States and Indian tribes their lawful
share of the unappropriated balance in the Abandoned Mine Reclamation
Fund so that they may further protect and enhance the environments of
their States and tribal lands.
DIVISION E--WILDLIFE CONSERVATION AND SOUND OCEANS FISHERY MANAGEMENT
TITLE I--MARINE FISHERIES CONSERVATION AND MANAGEMENT.
Subtitle A--Pacific Salmon Habitat Restoration Grants
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Pacific Salmon Recovery Act''.
SEC. 5002. SALMON CONSERVATION AND SALMON HABITAT RESTORATION
ASSISTANCE.
(a) Requirement To Provide Assistance.--Subject to the availability
of appropriations, the Secretary of Commerce shall provide financial
assistance in accordance with this title to qualified States and
qualified tribal governments for salmon conservation and salmon habitat
restoration activities.
(b) Allocation.--Of the amounts available to provide assistance
under this section each fiscal year (after the application of section
5003(g)), the Secretary--
(1) shall allocate 85 percent among qualified States, in
equal amounts; and
(2) shall allocate 15 percent among qualified tribal
governments, in amounts determined by the Secretary.
(c) Transfer.--
(1) In general.--The Secretary shall promptly transfer--
(A) to a qualified State that has submitted a
Conservation and Restoration Plan under section 5003(a)
amounts allocated to the qualified State under
subsection (b)(1) of this section, unless the Secretary
determines, within 30 days after the submittal of the
plan to the Secretary, that the plan is inconsistent
with the requirements of this title; and
(B) to a qualified tribal government that has
entered into a memorandum of understanding with the
Secretary under section 5003(b) amounts allocated to
the qualified tribal government under subsection (b)(2)
of this section.
(2) Transfers to qualified states.--The Secretary shall
make the transfer under paragraph (1)(A)--
(A) to the Washington State Salmon Recovery Board,
in the case of amounts allocated to Washington;
(B) to the Oregon State Watershed Enhancement
Board, in the case of amounts allocated to Oregon;
(C) to the California Department of Fish and Game
for the California Coastal Salmon Recovery Program, in
the case of amounts allocated to California;
(D) to the Governor of Alaska, in the case of
amounts allocated to Alaska; and
(E) to the Office of Species Conservation, in the
case of amounts allocated to Idaho.
(d) Reallocation.--
(1) Amounts allocated to qualified states.--Amounts that
are allocated to a qualified State for a fiscal year shall be
reallocated under subsection (b)(1) among the other qualified
States, if--
(A) the qualified State has not submitted a plan in
accordance with section 5003(a) as of the end of the
fiscal year; or
(B) the amounts remain unobligated at the end of
the subsequent fiscal year.
(2) Amounts allocated to qualified tribal governments.--
Amounts that are allocated to a qualified tribal government for
a fiscal year shall be reallocated under subsection (b)(2)
among the other qualified tribal governments, if the qualified
tribal government has not entered into a memorandum of
understanding with the Secretary in accordance with section
5003(b) as of the end of the fiscal year.
SEC. 5003. RECEIPT AND USE OF ASSISTANCE.
(a) Qualified State Salmon Conservation and Restoration Plan.--
(1) In general.--To receive assistance under this title, a
qualified State shall develop and submit to the Secretary a
Salmon Conservation and Salmon Habitat Restoration Plan.
(2) Contents.--Each Salmon Conservation and Salmon
Restoration Plan shall, at a minimum--
(A) be consistent with other applicable Federal
laws;
(B) be consistent with the goal of salmon recovery;
(C) except as provided in subparagraph (D), give
priority to use of assistance under this section for
projects that--
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to salmon
conservation and salmon habitat restoration
relative to the cost of the projects; and
(iii) conserve, and restore habitat, for--
(I) salmon that are listed as
endangered species or threatened
species, proposed for such listing, or
candidates for such listing, under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) salmon that are given special
protection under the laws or
regulations of the qualified State;
(D) in the case of a plan submitted by a qualified
State in which, as of the date of the enactment of this
Act, there is no area at which a salmon species
referred to in subparagraph (C)(iii)(I) spawns--
(i) give priority to use of assistance for
projects referred to in subparagraph (C)(i) and
(ii) that contribute to proactive programs to
conserve and enhance species of salmon that
intermingle with, or are otherwise related to,
species referred to in subparagraph
(C)(iii)(I), which may include (among other
matters)--
(I) salmon-related research, data
collection, and monitoring;
(II) salmon supplementation and
enhancement;
(III) salmon habitat restoration;
(IV) increasing economic
opportunities for salmon fishermen; and
(V) national and international
cooperative habitat programs; and
(ii) provide for revision of the plan
within one year after any date on which any
salmon species that spawns in the qualified
State is listed as an endangered species or
threatened species, proposed for such listing,
or a candidate for such listing, under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(E) establish specific goals and timelines for
activities funded with such assistance;
(F) include measurable criteria by which such
activities may be evaluated;
(G) require that activities carried out with such
assistance shall--
(i) be scientifically based;
(ii) be cost effective;
(iii) not be conducted on private land
except with the consent of the owner of the
land; and
(iv) contribute to the conservation and
recovery of salmon;
(H) require that the qualified State maintain its
aggregate expenditures of funds from non-Federal
sources for salmon habitat restoration programs at or
above the average level of such expenditures in the 2
fiscal years preceding the date of the enactment of
this Act; and
(I) ensure that activities funded under this title
are conducted in a manner in which, and in areas where,
the State has determined that they will have long-term
benefits.
(3) Solicitation of comments.--In preparing a plan under
this subsection a qualified State shall seek comments on the
plan from local governments in the qualified State.
(b) Tribal MOU With Secretary.--
(1) In general.--To receive assistance under this title, a
qualified tribal government shall enter into a memorandum of
understanding with the Secretary regarding use of the
assistance.
(2) Contents.--Each memorandum of understanding shall, at a
minimum--
(A) be consistent with other applicable Federal
laws;
(B) be consistent with the goal of salmon recovery;
(C) give priority to use of assistance under this
title for activities that--
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to salmon
conservation and salmon habitat restoration
relative to the cost of the projects; and
(iii) conserve, and restore habitat, for--
(I) salmon that are listed as
endangered species or threatened
species, proposed for such listing, or
candidates for such listing, under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) salmon that are given special
protection under the ordinances or
regulations of the qualified tribal
government;
(D) in the case of a memorandum of understanding
entered into by a qualified tribal government for an
area in which, as of the date of the enactment of this
Act, there is no area at which a salmon species that is
referred to in subparagraph (C)(iii)(I) spawns--
(i) give priority to use of assistance for
projects referred to in subparagraph (C)(i) and
(ii) that contribute to proactive programs
described in subsection (a)(2)(D)(i);
(ii) include a requirement that the
memorandum shall be revised within 1 year after
any date on which any salmon species that
spawns in the area is listed as an endangered
species or threatened species, proposed for
such listing, or a candidate for such listing,
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(E) establish specific goals and timelines for
activities funded with such assistance;
(F) include measurable criteria by which such
activities may be evaluated;
(G) establish specific requirements for reporting
to the Secretary by the qualified tribal government;
(H) require that activities carried out with such
assistance shall--
(i) be scientifically based;
(ii) be cost effective;
(iii) not be conducted on private land
except with the consent of the owner of the
land; and
(iv) contribute to the conservation or
recovery of salmon; and
(I) require that the qualified tribal government
maintain its aggregate expenditures of funds from non-
Federal sources for salmon habitat restoration programs
at or above the average level of such expenditures in
the 2 fiscal years preceding the date of the enactment
of this Act.
(c) Eligible Activities.--
(1) In general.--Assistance under this title may be used by
a qualified State in accordance with a plan submitted by the
State under subsection (a), or by a qualified tribal government
in accordance with a memorandum of understanding entered into
by the government under subsection (b), to carry out or make
grants to carry out, among other activities, the following:
(A) Watershed evaluation, assessment, and planning
necessary to develop a site-specific and clearly
prioritized plan to implement watershed improvements,
including for making multi-year grants.
(B) Salmon-related research, data collection, and
monitoring, salmon supplementation and enhancement, and
salmon habitat restoration.
(C) Maintenance and monitoring of projects
completed with such assistance.
(D) Technical training and education projects,
including teaching private landowners about practical
means of improving land and water management practices
to contribute to the conservation and restoration of
salmon habitat.
(E) Other activities related to salmon conservation
and salmon habitat restoration.
(2) Use for local and regional projects.--Funds allocated
to qualified States under this title shall be used for local
and regional projects.
(d) Use of Assistance for Activities Outside of Jurisdiction of
Recipient.--Assistance under this section provided to a qualified State
or qualified tribal government may be used for activities conducted
outside the areas under its jurisdiction if the activity will provide
conservation benefits to naturally produced salmon in streams of
concern to the qualified State or qualified tribal government,
respectively.
(e) Cost Sharing by Qualified States.--
(1) In general.--A qualified State shall match, in the
aggregate, the amount of any financial assistance provided to
the qualified State for a fiscal year under this title, in the
form of monetary contributions or in-kind contributions of
services for projects carried out with such assistance. For
purposes of this paragraph, monetary contributions by the State
shall not be considered to include funds received from other
Federal sources.
(2) Limitation on requiring matching for each project.--The
Secretary may not require a qualified State to provide matching
funds for each project carried out with assistance under this
title.
(3) Treatment of monetary contributions.--For purposes of
subsection (a)(2)(H), the amount of monetary contributions by a
qualified State under this subsection shall be treated as
expenditures from non-Federal sources for salmon conservation
and salmon habitat restoration programs.
(f) Coordination of Activities.--
(1) In general.--Each qualified State and each qualified
tribal government receiving assistance under this title is
encouraged to carefully coordinate salmon conservation
activities of its agencies to eliminate duplicative and
overlapping activities.
(2) Consultation.--Each qualified State and qualified
tribal government receiving assistance under this title shall
consult with the Secretary to ensure there is no duplication in
projects funded under this title.
(g) Limitation on Administrative Expenses.--
(1) Federal administrative expenses.--Of the amount made
available under this title each fiscal year, not more than 1
percent may be used by the Secretary for administrative
expenses incurred in carrying out this title.
(2) State and tribal administrative expenses.--Of the
amount allocated under this title to a qualified State or
qualified tribal government each fiscal year, not more than 3
percent may be used by the qualified State or qualified tribal
government, respectively, for administrative expenses incurred
in carrying out this title.
SEC. 5004. PUBLIC PARTICIPATION.
(a) Qualified State Governments.--Each qualified State seeking
assistance under this title shall establish a citizens advisory
committee or provide another similar forum for local governments and
the public to participate in obtaining and using the assistance.
(b) Qualified Tribal Governments.--Each qualified tribal government
receiving assistance under this title shall hold public meetings to
receive recommendations on the use of the assistance.
SEC. 5005. CONSULTATION NOT REQUIRED.
Consultation under section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) shall not be required based solely on the
provision of financial assistance under this title.
SEC. 5006. REPORTS.
(a) Qualified States.--Each qualified State shall, by not later
than December 31 of each year, submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives an annual report on the use
of financial assistance received by the qualified State under this
title. The report shall contain an evaluation of the success of this
title in meeting the criteria listed in section 5003(a)(2).
(b) Secretary.--
(1) Annual report regarding qualified tribal governments.--
The Secretary shall, by not later than December 31 of each
year, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives an annual report on the use of
financial assistance received by qualified tribal governments
under this title. The report shall contain an evaluation of the
success of this title in meeting the criteria listed in section
5003(b)(2).
(2) Biannual report.--The Secretary shall, by not later
than December 31 of the second year in which amounts are
available to carry out this title, and of every second year
thereafter, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a biannual report on the use of
funds allocated to qualified States under this title. The
report shall review programs funded by the States and evaluate
the success of this title in meeting the criteria listed in
section 5003(a)(2).
SEC. 5007. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Qualified state.--The term ``qualified State'' means
each of the States of Alaska, Washington, Oregon, California,
and Idaho.
(3) Qualified tribal government.--The term ``qualified
tribal government'' means--
(A) a tribal government of an Indian tribe in
Washington, Oregon, California, or Idaho that the
Secretary of Commerce, in consultation with the
Secretary of the Interior, determines--
(i) is involved in salmon management and
recovery activities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
and
(ii) has the management and organizational
capability to maximize the benefits of
assistance provided under this title; and
(B) a village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that the
Secretary of Commerce, in consultation with the
Secretary of the Interior, determines--
(i) is involved in salmon conservation and
management; and
(ii) has the management and organizational
capability to maximize the benefits of
assistance provided under this title.
(4) Salmon.--The term ``salmon'' means any naturally
produced salmon or naturally produced trout of the following
species:
(A) Coho salmon (oncorhynchus kisutch).
(B) Chinook salmon (oncorhynchus tshawytscha).
(C) Chum salmon (oncorhynchus keta).
(D) Pink salmon (oncorhynchus gorbuscha).
(E) Sockeye salmon (oncorhynchus nerka).
(F) Steelhead trout (oncorhynchus mykiss).
(G) Sea-run cutthroat trout (oncorhynchus clarki
clarki).
(H) For purposes of application of this title in
Oregon--
(i) Lahontan cutthroat trout (oncorhnychus
clarki henshawi); and
(ii) Bull trout (salvelinus confluentus).
(I) For purposes of application of this title in
Washington and Idaho, Bull trout (salvelinus
confluentus).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 5008. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY
COMMISSION PENSIONERS.
The President shall--
(1) determine the number of United States citizens who--
(A) served as employees of the International
Pacific Salmon Fisheries Commission or the
International North Pacific Fisheries Commission; and
(B) worked in Canada in the course of employment
with that commission;
(2) calculate for each such employee the difference
between--
(A) the value, in United States currency, of the
annuity payments made and to be made (determined by an
actuarial valuation) by or on behalf of each such
commission to the employee; and
(B) the value, in Canadian currency, of such
annuity payments; and
(3) by not later than September 1, 2003, submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
a report on the determinations and calculations made under
paragraphs (1) and (2).
SEC. 5009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000,000 for each of
the fiscal years 2002, 2003, and 2004 to carry out this Act. Funds
appropriated under this section may remain until expended.
SEC. 5010. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this title, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only equipment and products made in
the United States.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this title, the Secretary shall provide to each
recipient of the assistance a notice describing the statement made in
subsection (a) by the Congress.
(c) Report.--Any entity that receives funds under this title shall
report any expenditures of such funds on items made outside of the
United States to the Congress within 180 days of the expenditure.
SEC. 5011. SENSE OF THE CONGRESS REGARDING BIPARTISAN JULY 2000 GOALS.
It is the sense of the Congress that the Congress supports the
bipartisan July 2000 goals, objectives, and recommendations of the
Governors of Idaho, Montana, Oregon and Washington to protect and
restore salmon and other aquatic species to sustainable and harvestable
levels while meeting the requirements of the Endangered Species Act of
1973, the Clean Water Act, the Pacific Northwest Electric Power
Planning and Conservation Act, tribal treaty rights, and executive
orders and while taking into account the need to preserve a sound
economy in Alaska, California, Idaho, Montana, Oregon, and Washington.
SEC. 5012. REPORT ON EFFECTS ON PACIFIC SALMON STOCKS OF CERTAIN TIMBER
HARVESTING IN CANADA.
The Secretary, in conjunction with other Federal agencies, shall by
not later than December 31 of each year report to the Congress to the
best of the ability of the Secretary regarding the effects on Pacific
Salmon stocks of timber harvesting on publicly owned lands in British
Columbia.
Subtitle B--Various Fisheries Conservation Reauthorizations
SEC. 5021. SHORT TITLE.
This subtitle may be cited as the ``Fisheries Conservation Act of
2002''.
SEC. 5022. REAUTHORIZATION AND AMENDMENT OF THE INTERJURISDICTIONAL
FISHERIES ACT OF 1986.
(a) Reauthorization.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Appropriations.--There are authorized to be
appropriated to the Department of Commerce for apportionment to carry
out the purposes of this title--
``(1) $4,900,000 for fiscal year 2002;
``(2) $5,400,000 for each of fiscal years 2003 and 2004;
and
``(3) $5,900,000 for each of fiscal years 2005 and 2006.'';
and
(2) in subsection (c) by striking ``$700,000 for fiscal
year 1997, and $750,000 for each of the fiscal years 1998,
1999, and 2000'' and inserting ``$800,000 for fiscal year 2002,
$850,000 for each of fiscal years 2003 and 2004, and $900,000
for each of fiscal years 2005 and 2006''.
(b) Purposes of the Interjurisdictional Fisheries Act of 1986.--
Section 302 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4101) is amended by striking ``and'' after the semicolon at the end of
paragraph (1), striking the period at the end of paragraph (2) and
inserting ``; and'', and adding at the end the following:
``(3) to promote and encourage research in preparation for
the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of
interjurisdictional fishery resources throughout their
range.''.
SEC. 5023. REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS FISH
CONSERVATION ACT.
(a) Reauthorization.--Section 4 of the Anadromous Fish Conservation
Act (16 U.S.C. 757d) is amended to read as follows:
``authorization of appropriations
``Sec. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
``(A) $4,500,000 for fiscal year 2002;
``(B) $4,750,000 for each of fiscal years 2003 and 2004;
and
``(C) $5,000,000 for each of fiscal years 2005 and 2006.
``(2) Sums appropriated under this subsection are authorized to
remain available until expended.
``(b) Not more than $625,000 of the funds appropriated under this
section in any one fiscal year shall be obligated in any one State.''.
(b) Research on and Use of Ecosystems and Interspecies Approaches
to Conservation and Management.--The first section of the Anadromous
Fish Conservation Act (16 U.S.C. 757a) is amended in subsection (b) by
inserting ``(1)'' after ``(b)'', and by adding at the end the
following:
``(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in preparation
for the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of anadromous and Great
Lakes fishery resources.''.
SEC. 5024. REAUTHORIZATION OF THE ATLANTIC STRIPED BASS CONSERVATION
ACT.
Section 7(a) of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended by striking ``and 2003'' and inserting
``2003, 2004, 2005, and 2006''.
SEC. 5025. REAUTHORIZATION AND AMENDMENT OF THE ATLANTIC COASTAL
FISHERIES COOPERATIVE MANAGEMENT ACT.
(a) Reauthorization.--Section 811(a) of the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5108) is amended by
striking ``2005'' and inserting ``2006''.
(b) Findings.--Section 802(a) of the Atlantic Coastal Fisheries
Cooperative Management Act (16 U.S.C. 5101(a)) is amended by adding at
the end the following:
``(7) The understanding of the interactions of species in
the maritime environment and the development of ecosystems-
based approaches to fishery conservation and management lead to
better stewardship and sustainability of coastal fishery
resources.
``(8) Federal and State scientists should gather
information on the interaction of species in the marine
environment and provide this scientific information to Federal
and State managers.''.
(c) Purpose.--Section 802(b) of such Act (16 U.S.C. 5101(b)) is
amended to read as follows:
``(b) Purpose.--The purpose of this title is to support and
encourage the development, implementation, and enforcement of effective
interstate conservation and management of Atlantic coastal fishery
resources through the use of sound science and multispecies, adaptive,
and ecosystem-based management measures.''.
(d) State-Federal Cooperation in Multispecies and Ecosystems
Interaction Research.--Section 804(a) of such Act (16 U.S.C. 5103(a))
is amended by inserting ``multispecies and ecosystems interaction
research;'' after ``biological and socioeconomic research;''.
(e) Assistance for Research Regarding Interrelationships Among
Atlantic Coastal Fishery Resources and Their Ecosystems.--Section 808
of such Act (16 U.S.C. 5107) is amended by striking ``and'' after the
semicolon at the end of paragraph (1), redesignating paragraph (2) as
paragraph (3), and inserting after paragraph (1) the following:
``(2) research to understand the interrelationships among
Atlantic coastal fishery resources and their ecosystems; and''.
SEC. 5026. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF
1975.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971h) is amended to read as follows:
``authorization of appropriations
``Sec. 10. (a) In General.--There are authorized to be appropriated
to carry out this Act, including use for payment of the United States
share of the joint expenses of the Commission as provided in Article X
of the Convention, the following sums:
``(1) For each of fiscal years 2002, 2003, and 2004,
$5,480,000.
``(2) For each of fiscal years 2005 and 2006, $5,495,000.
``(b) Allocation.--Of amounts available under this section for each
fiscal year--
``(1) $150,000 are authorized for the advisory committee
established under section 4 and the species working groups
established under section 4A; and
``(2) $4,240,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16 U.S.C.
971i).''.
SEC. 5027. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.
Section 211 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5610) is amended by striking ``2001'' and inserting
``2006''.
SEC. 5028. EXTENSION OF DEADLINE.
(a) Extension of Deadline.--The Oceans Act of 2000 (Public Law 106-
256) is amended--
(1) in section 3(i) (114 Stat. 648) by striking ``30 days''
and inserting ``90 days''; and
(2) in section 4(a) (114 Stat. 648; 33 U.S.C. 857-19 note)
by striking ``120 days'' and inserting ``90 days''.
(b) Authorization of Appropriations.--Section 3(j) of such Act (114
Stat. 648) is amended by striking ``$6,000,000'' and inserting
``$8,500,000''.
(c) Technical Corrections.--Section 3(e) of such Act (114 Stat.
646) is amended--
(1) in paragraph (1) by striking the colon in the third
sentence and inserting a period;
(2) by inserting immediately after such period the
following:
``(2) Notice; Minutes; Public Availability of Documents.--
''; and
(3) by redesignating the subsequent paragraphs in order as
paragraphs (3) and (4), respectively.
TITLE II--NATIONAL SEA GRANT COLLEGE PROGRAM
SEC. 5201. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Act Amendments of 2002''.
SEC. 5202. AMENDMENTS TO FINDINGS.
Section 202(a)(6) of the National Sea Grant College Program Act (33
U.S.C. 1121(a)(6)) is amended by striking the period at the end and
inserting ``, including strong collaborations between Administration
scientists and scientists at academic institutions.''.
SEC. 5203. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE
PROGRAM.
(a) Quadrennial Strategic Plan.--Section 204 (c)(1) of the National
Sea Grant College Program Act (33 U.S.C. 1123 (c)(1)) is amended to
read as follows:
``(1) The Secretary, in consultation with the panel, sea
grant colleges, and sea grant institutes, shall develop at
least every 4 years a strategic plan that establishes
priorities for the national sea grant college program, provides
an appropriately balanced response to local, regional, and
national needs, and is reflective of integration with the
relevant portions of the strategic plans of the Department of
Commerce and of the Administration.''.
(b) Program Evaluation and Rating.--
(1) Evaluation and rating requirement.--Section
204(d)(3)(A) of the National Sea Grant College Program Act (33
U.S.C. 1123(d)(3)(A)) is amended to read as follows:
``(A)(i) evaluate the performance of the programs
of sea grant colleges and sea grant institutes, using
the priorities, guidelines, and qualifications
established by the Secretary under subsection (c), and
determine which of the programs are the best managed
and carry out the highest quality research, education,
extension, and training activities; and
``(ii) rate the programs according to their
relative performance (as determined under clause (i))
into no less than 5 categories, with each of the 2
best-performing categories containing no more than 25
percent of the programs;''.
(2) Review of evaluation and rating process.--(A) After 3
years after the date of the enactment of this Act, the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, shall contract with the
National Academy of Sciences--
(i) to review the effectiveness of the evaluation
and rating system under the amendment made by paragraph
(1) in determining the relative performance of programs
of sea grant colleges and sea grant institutes;
(ii) to evaluate whether the sea grant programs
have improved as a result of the evaluation process;
and
(iii) to make appropriate recommendations to
improve the overall effectiveness of the evaluation
process.
(B) The National Academy of Sciences shall submit a report
to the Congress on the findings and recommendations of the
panel under subparagraph (A) by not later than 4 years after
the date of the enactment of this Act.
(c) Allocation of Funding.--Section 204(d)(3)(B) of the National
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended by
striking ``and'' after the semicolon at the end of clause (ii) and by
adding at the end the following:
``(iv) encourage and promote coordination
and cooperation between the research,
education, and outreach programs of the
Administration and those of academic
institutions; and''.
SEC. 5204. COST SHARE.
Section 205(a) of the National Sea Grant College Program Act (33
U.S.C. 1124(a)) is amended by striking ``section 204(d)(6)'' and
inserting ``section 204(c)(4)(F)''.
SEC. 5205. FELLOWSHIPS.
(a) Ensuring Equal Access.--Section 208(a) of the National Sea
Grant College Program Act (33 U.S.C. 1127(a)) is amended by adding at
the end the following: ``The Secretary shall strive to ensure equal
access for minority and economically disadvantaged students to the
program carried out under this subsection. Not later than 1 year after
the date of the enactment of the National Sea Grant College Program Act
Amendments of 2002, and every 2 years thereafter, the Secretary shall
submit a report to the Congress describing the efforts by the Secretary
to ensure equal access for minority and economically disadvantaged
students to the program carried out under this subsection, and the
results of such efforts.''.
(b) Postdoctoral Fellows.--Section 208(c) of the National Sea Grant
College Program Act (33 U.S.C. 1127(c)) is repealed.
SEC. 5206. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.
Section 209(c)(2) of the National Sea Grant College Program Act (33
U.S.C. 1128(c)(2)) is amended by striking the first sentence and
inserting the following: ``The term of office of a voting member of the
panel shall be 3 years for a member appointed before the date of
enactment of the National Sea Grant College Program Act Amendments of
2002, and 4 years for a member appointed or reappointed after the date
of enactment of the National Sea Grant College Program Act Amendments
of 2002. The Director may extend the term of office of a voting member
of the panel appointed before the date of enactment of the National Sea
Grant College Program Act Amendments of 2002 by up to 1 year.''.
SEC. 5207. AUTHORIZATION OF APPROPRIATIONS.
Subsections (a), (b), and (c) of section 212 of the National Sea
Grant College Program Act (33 U.S.C. 1131) are amended to read as
follows:
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this title--
``(A) $60,000,000 for fiscal year 2003;
``(B) $75,000,000 for fiscal year 2004;
``(C) $77,500,000 for fiscal year 2005;
``(D) $80,000,000 for fiscal year 2006;
``(E) $82,500,000 for fiscal year 2007; and
``(F) $85,000,000 for fiscal year 2008.
``(2) Priority activities.--In addition to the amounts
authorized under paragraph (1), there are authorized to be
appropriated for each of fiscal years 2003 through 2008--
``(A) $5,000,000 for competitive grants for
university research on the biology and control of zebra
mussels and other important aquatic nonnative species;
``(B) $5,000,000 for competitive grants for
university research on oyster diseases, oyster
restoration, and oyster-related human health risks;
``(C) $5,000,000 for competitive grants for
university research on the biology, prevention, and
forecasting of harmful algal blooms, including
Pfiesteria piscicida; and
``(D) $3,000,000 for competitive grants for fishery
extension activities conducted by sea grant colleges or
sea grant institutes to enhance, and not supplant,
existing core program funding.
``(b) Limitations.--
``(1) Administration.--There may not be used for
administration of programs under this title in a fiscal year
more than 5 percent of the lesser of--
``(A) the amount authorized to be appropriated
under this title for the fiscal year; or
``(B) the amount appropriated under this title for
the fiscal year.
``(2) Use for other offices or programs.--Sums appropriated
under the authority of subsection (a)(2) shall not be available
for administration of this title by the National Sea Grant
Office, for any other Administration or department program, or
for any other administrative expenses.
``(c) Distribution of Funds.--In any fiscal year in which the
appropriations made under subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in such
subsection, the Secretary shall distribute any excess amounts (except
amounts used for the administration of the sea grant program) to any
combination of the following:
``(1) Sea grant programs, according to their rating under
section 204(d)(3)(A).
``(2) National strategic investments authorized under
section 204(b)(4).
``(3) A college, university, institution, association, or
alliance for activities that are necessary for it to be
designated as a sea grant college or sea grant institute.
``(4) A sea grant college or sea grant institute designated
after the date of enactment of the National Sea Grant College
Program Act Amendments of 2002 but not yet evaluated under
section 204(d)(3)(A).''.
SEC. 5208. ANNUAL REPORT ON PROGRESS IN BECOMING DESIGNATED AS SEA
GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 of the National Sea Grant College Program Act (16
U.S.C. 1126) is amended by adding at the end the following:
``(e) Annual Report on Progress.--
``(1) Report requirement.--The Secretary shall report
annually to the Committee on Resources and the Committee on
Science of the House of Representatives, and to the Committee
on Commerce, Science, and Transportation of the Senate, on
efforts and progress made by colleges, universities,
institutions, associations, and alliances to become designated
under this section as sea grant colleges or sea grant
institutes, including efforts and progress made by sea grant
institutes in being designated as sea grant colleges.
``(2) Territories and freely associated states.--The report
shall include description of--
``(A) efforts made by colleges, universities,
associations, institutions, and alliances in United
States territories and freely associated States to
develop the expertise necessary to be designated as a
sea grant institute or sea grant college;
``(B) the administrative, technical, and financial
assistance provided by the Secretary to those entities
seeking to be designated; and
``(C) the additional actions or activities
necessary for those entities to meet the qualifications
for such designation under subsection (a)(1).''.
SEC. 5209. COORDINATION.
Not later than February 15 of each year, the Under Secretary of
Commerce for Oceans and Atmosphere and the Director of the National
Science Foundation shall jointly submit to the Committees on Resources
and Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on how the
oceans and coastal research activities of the National Oceanic and
Atmospheric Administration, including the Coastal Ocean Program and the
National Sea Grant College Program, and of the National Science
Foundation will be coordinated during the fiscal year following the
fiscal year in which the report is submitted. The report shall describe
in detail any overlapping ocean and coastal research interests between
the agencies and specify how such research interests will be pursued by
the programs in a complementary manner.
TITLE III--NOAA COMMISSIONED OFFICER CORPS
SEC. 5300. SHORT TITLE.
This title may be cited as the ``National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002''.
Subtitle A--General Provisions
SEC. 5301. COMMISSIONED OFFICER CORPS.
There shall be in the National Oceanic and Atmospheric
Administration a commissioned officer corps.
SEC. 5302. DEFINITIONS.
(a) Applicability of Definitions in Title 10, United States Code.--
Except as provided in subsection (b), the definitions provided in
section 101 of title 10, United States Code, apply to the provisions of
this title.
(b) Additional Definitions.--In this title:
(1) Active duty.--The term ``active duty'' means full-time
duty in the active service of a uniformed service.
(2) Grade.--The term ``grade'' means a step or degree, in a
graduated scale of office or rank, that is established and
designated as a grade by law or regulation.
(3) Officer.--The term ``officer'' means an officer of the
commissioned corps.
(4) Flag officer.--The term ``flag officer'' means an
officer serving in, or having the grade of, vice admiral, rear
admiral, or rear admiral (lower half).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
SEC. 5303. AUTHORIZED NUMBER ON THE ACTIVE LIST.
(a) Annual Strength on Active List.--The annual strength of the
commissioned corps in officers on the lineal list of active duty
officers of the corps shall be prescribed by law.
(b) Lineal List.--The Secretary shall maintain a list, known as the
``lineal list'', of officers on active duty. Officers shall be carried
on the lineal list by grade and, within grade, by seniority in grade.
SEC. 5304. STRENGTH AND DISTRIBUTION IN GRADE.
(a) Relative Rank; Proportion.--Of the total authorized number of
officers on the lineal list of the commissioned corps, there are
authorized numbers in permanent grade, in relative rank with officers
of the Navy, in proportions as follows:
(1) 8 in the grade of captain.
(2) 14 in the grade of commander.
(3) 19 in the grade of lieutenant commander.
(4) 23 in the grade of lieutenant.
(5) 18 in the grade of lieutenant (junior grade).
(6) 18 in the grade of ensign.
(b) Computation of Number in Grade.--
(1) In general.--Subject to paragraph (2), whenever a final
fraction occurs in computing the authorized number of officers
in a grade, the nearest whole number shall be taken, and if the
fraction is one-half the next higher whole number shall be
taken.
(2) Limitation on increase in total number.--The total
number of officers on the lineal list authorized by law may not
be increased as the result of the computations prescribed in
this section, and if necessary the number of officers in the
lowest grade shall be reduced accordingly.
(c) Preservation of Grade and Pay, Etc.--No officer may be reduced
in grade or pay or separated from the commissioned corps as the result
of a computation made to determine the authorized number of officers in
the various grades.
(d) Filling of Vacancies; Additional Numbers.--Nothing in this
section may be construed as requiring the filling of any vacancy or as
prohibiting additional numbers in any grade to compensate for vacancies
existing in higher grades.
(e) Temporary Increase in Numbers.--The total number of officers
authorized by law to be on the lineal list during a fiscal year may be
temporarily exceeded so long as the average number on that list during
that fiscal year does not exceed the authorized number.
SEC. 5305. AUTHORIZED NUMBER FOR FISCAL YEARS 2003 THROUGH 2008.
There are authorized to be not less than 264 and not more than 299
officers on the lineal list of the commissioned corps of the National
Oceanic and Atmospheric Administration for each of fiscal years 2003
through 2008.
Subtitle B--Appointment and Promotion of Officers
SEC. 5311. ORIGINAL APPOINTMENTS.
(a) In General.--
(1) Grades.--Original appointments may be made in the
grades of ensign, lieutenant (junior grade), and lieutenant.
(2) Qualifications.--Under regulations prescribed by the
Secretary, such an appointment may be given only to a person
who--
(A) meets the qualification requirements specified
in paragraphs (1) through (4) of section 532(a) of
title 10, United States Code; and
(B) has such other special qualifications as the
Secretary may prescribe by regulation.
(3) Examination.--A person may be given such an appointment
only after passage of a mental and physical examination given
in accordance with regulations prescribed by the Secretary.
(4) Revocation of commission of officers found not
qualified.--The President may revoke the commission of any
officer appointed under this section during the officer's first
three years of service if the officer is found not qualified
for the service. Any such revocation shall be made under
regulations prescribed by the President.
(b) Lineal List.--Each person appointed under this section shall be
placed on the lineal list in a position commensurate with that person's
age, education, and experience, in accordance with regulations
prescribed by the Secretary.
(c) Service Credit Upon Original Appointment in Grade Above
Ensign.--
(1) In general.--For the purposes of basic pay, a person
appointed under this section in the grade of lieutenant shall
be credited as having, on the date of that appointment, three
years of service, and a person appointed under this section in
the grade of lieutenant (junior grade) shall be credited as
having, as of the date of that appointment, 1\1/2\ years of
service.
(2) Higher credit under other law.--If a person appointed
under this section is entitled to credit for the purpose of
basic pay under any other provision of law that would exceed
the amount of credit authorized by paragraph (1), that person
shall be credited with that amount of service in lieu of the
credit authorized by paragraph (1).
SEC. 5312. PERSONNEL BOARDS.
(a) Convening.--At least once a year and at such other times as the
Secretary determines necessary, the Secretary shall convene a personnel
board. A personnel board shall consist of not less than five officers
on the lineal list in the permanent grade of commander or above.
(b) Duties.--Each personnel board shall--
(1) recommend to the Secretary such changes in the lineal
list as the board may determine; and
(2) make selections and recommendations to the Secretary
and President for the appointment, promotion, separation,
continuation, and retirement of officers as prescribed in this
subtitle and subtitle C.
(c) Action on Recommendations Not Acceptable.--In a case in which
any recommendation by a board convened under subsection (a) is not
accepted by the Secretary or the President, the board shall make such
further recommendations as are acceptable.
SEC. 5313. PROMOTION OF ENSIGNS TO GRADE OF LIEUTENANT (JUNIOR GRADE).
(a) In General.--An officer in the permanent grade of ensign shall
be promoted to and appointed in the grade of lieutenant (junior grade)
upon completion of three years of service. The authorized number of
officers in the grade of lieutenant (junior grade) shall be temporarily
increased as necessary to authorize such appointment.
(b) Separation of Ensigns Found Not Fully Qualified.--If an officer
in the permanent grade of ensign is at any time found not fully
qualified, the officer's commission shall be revoked and the officer
shall be separated from the commissioned service.
SEC. 5314. PROMOTION BY SELECTION TO PERMANENT GRADES ABOVE LIEUTENANT
(JUNIOR GRADE).
Promotion to fill vacancies in each permanent grade above the grade
of lieutenant (junior grade) shall be made by selection from the next
lower grade upon recommendation of the personnel board.
SEC. 5315. LENGTH OF SERVICE FOR PROMOTION PURPOSES.
(a) General Rule.--Each officer shall be assumed to have, for
promotion purposes, at least the same length of service as any other
officer below that officer on the lineal list.
(b) Exception.--Notwithstanding subsection (a), an officer who has
lost numbers shall be assumed to have, for promotion purposes, no
greater service than the officer next above such officer in such
officer's new position on the lineal list.
SEC. 5316. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES.
Appointments in and promotions to all permanent grades shall be
made by the President, by and with the advice and consent of the
Senate.
SEC. 5317. GENERAL QUALIFICATION OF OFFICERS FOR PROMOTION TO HIGHER
PERMANENT GRADE.
No officer may be promoted to a higher permanent grade on the
active list until the officer has passed a satisfactory mental and
physical examination in accordance with regulations prescribed by the
Secretary.
SEC. 5318. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
(a) Designation of Positions.--The Secretary may designate
positions in the Administration as being positions of importance and
responsibility for which it is appropriate that officers of the
Administration, if serving in those positions, serve in the grade of
vice admiral, rear admiral, or rear admiral (lower half), as designated
by the Secretary for each position.
(b) Assignment of Officers to Designated Positions.--The Secretary
may assign officers to positions designated under subsection (a).
(c) Director of NOAA Corps and Office of Marine and Aviation
Operations.--The Secretary shall designate one position under this
section as responsible for oversight of the vessel and aircraft fleets
and for the administration of the commissioned officer corps. That
position shall be filled by an officer on the lineal list serving in or
above the grade of rear admiral (lower half). For the specific purpose
of administering the commissioned officer corps, that position shall
carry the title of Director of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps. For the specific purpose of
administering the vessel and aircraft fleets, that position shall carry
the title of Director of the Office of Marine and Aviation Operations.
(d) Grade.--
(1) Temporary appointment to grade designated for
position.--An officer assigned to a position under this section
while so serving has the grade designated for that position, if
appointed to that grade by the President, by and with the
advice and consent of the Senate.
(2) Reversion to permanent grade.--An officer who has
served in a grade above captain, upon termination of the
officer's assignment to the position for which that appointment
was made, shall, unless appointed or assigned to another
position for which a higher grade is designated, revert to the
grade and number the officer would have occupied but for
serving in a grade above that of captain. In such a case, the
officer shall be an extra number in that grade.
(e) Number of Officers Appointed.--
(1) Overall limit.--The total number of officers serving on
active duty at any one time in the grade of rear admiral (lower
half) or above may not exceed four.
(2) Limit by grade.--The number of officers serving on
active duty under appointments under this section may not
exceed--
(A) one in the grade of vice admiral;
(B) two in the grade of rear admiral; and
(C) two in the grade of rear admiral (lower half).
(f) Pay and Allowances.--An officer appointed to a grade under this
section, while serving in that grade, shall have the pay and allowances
of the grade to which appointed.
(g) Effect of Appointment.--An appointment of an officer under this
section--
(1) does not vacate the permanent grade held by the
officer; and
(2) creates a vacancy on the active list.
SEC. 5319. TEMPORARY APPOINTMENTS AND PROMOTIONS GENERALLY.
(a) Ensign.--Temporary appointments in the grade of ensign may be
made by the President alone. Each such temporary appointment terminates
at the close of the next regular session of the Congress unless the
Senate sooner gives its advice and consent to the appointment.
(b) Lieutenant (Junior Grade).--Officers in the permanent grade of
ensign may be temporarily promoted to and appointed in the grade of
lieutenant (junior grade) by the President alone whenever vacancies
exist in higher grades.
(c) Any One Grade.--When determined by the Secretary to be in the
best interest of the service, officers in any permanent grade may be
temporarily promoted one grade by the President alone. Any such
temporary promotion terminates upon the transfer of the officer to a
new assignment.
SEC. 5320. TEMPORARY APPOINTMENT OR ADVANCEMENT OF COMMISSIONED
OFFICERS IN TIME OF WAR OR NATIONAL EMERGENCY.
(a) In General.--Officers of the Administration shall be subject in
like manner and to the same extent as personnel of the Navy to all laws
authorizing temporary appointment or advancement of commissioned
officers in time of war or national emergency.
(b) Limitations.--Subsection (a) shall be applied subject to the
following limitations:
(1) A commissioned officer in the service of a military
department under section 5341 may, upon the recommendation of
the Secretary of the military department concerned, be
temporarily promoted to a higher rank or grade.
(2) A commissioned officer in the service of the
Administration may be temporarily promoted to fill vacancies in
ranks and grades caused by the transfer of commissioned
officers to the service and jurisdiction of a military
department under section 5341.
(3) Temporary appointments may be made in all grades to
which original appointments in the Administration are
authorized, except that the number of officers holding
temporary appointments may not exceed the number of officers
transferred to a military department under section 5341.
SEC. 5321. PAY AND ALLOWANCES; DATE OF ACCEPTANCE OF PROMOTION.
(a) Acceptance and Date of Promotion.--An officer of the
commissioned corps who is promoted to a higher grade--
(1) is deemed for all purposes to have accepted the
promotion upon the date the promotion is made by the President,
unless the officer expressly declines the promotion; and
(2) shall receive the pay and allowances of the higher
grade from that date unless the officer is entitled under
another provision of law to receive the pay and allowances of
the higher grade from an earlier date.
(b) Oath of Office.--An officer who subscribed to the oath of
office required by section 3331 of title 5, United States Code, shall
not be required to renew such oath or to take a new oath upon promotion
to a higher grade, if the service of the officer after the taking of
such oath is continuous.
SEC. 5322. SERVICE CREDIT AS DECK OFFICER OR JUNIOR ENGINEER FOR
PROMOTION PURPOSES.
For purposes of promotion, there shall be counted in addition to
active commissioned service, service as deck officer or junior
engineer.
SEC. 5323. SUSPENSION DURING WAR OR EMERGENCY.
In time of emergency declared by the President or by the Congress,
and in time of war, the President is authorized, in the President's
discretion, to suspend the operation of all or any part of the
provisions of law pertaining to promotion of commissioned officers of
the Administration.
Subtitle C--Separation and Retirement of Officers
SEC. 5331. INVOLUNTARY RETIREMENT OR SEPARATION.
(a) Transfer of Officers to Retired List; Separation From
Service.--As recommended by a personnel board convened under section
5312--
(1) an officer in the permanent grade of captain or
commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant
commander, lieutenant, or lieutenant (junior grade) who is not
qualified for retirement may be separated from the service.
(b) Computations.--In any fiscal year, the total number of officers
selected for retirement or separation under subsection (a) plus the
number of officers retired for age may not exceed the whole number
nearest 4 percent of the total number of officers authorized to be on
the active list, except as otherwise provided by law.
(c) Effective Date of Retirements and Separations.--A retirement or
separation under subsection (a) shall take effect on the first day of
the sixth month beginning after the date on which the Secretary
approves the retirement or separation, except that if the officer
concerned requests an earlier retirement or separation date, the date
shall be as determined by the Secretary.
SEC. 5332. SEPARATION PAY.
(a) Authorization of Payment.--An officer who is separated under
section 5331(a)(2) and who has completed more than three years of
continuous active service immediately before that separation is
entitled to separation pay computed under subsection (b) unless the
Secretary determines that the conditions under which the officer is
separated do not warrant payment of that pay.
(b) Amount of Separation Pay.--
(1) Six or more years.--In the case of an officer who has
completed six or more years of continuous active service
immediately before that separation, the amount of separation
pay to be paid to the officer under this section is 10 percent
of the product of--
(A) the years of active service creditable to the
officer; and
(B) 12 times the monthly basic pay to which the
officer was entitled at the time of separation.
(2) Three to six years.--In the case of an officer who has
completed three or more but fewer than six years of continuous
active service immediately before that separation, the amount
of separation pay to be paid to the officer under this section
is one-half of the amount computed under paragraph (1).
(c) Other Conditions, Requirements, and Administrative
Provisions.--The provisions of subsections (f), (g), and (h) of section
1174 of title 10, United States Code, shall apply to separation pay
under this section in the same manner as such provisions apply to
separation pay under that section.
SEC. 5333. MANDATORY RETIREMENT FOR AGE.
(a) Officers Below Grade of Rear Admiral (Lower Half).--Unless
retired or separated earlier, each officer on the lineal list of the
commissioned corps who is serving in a grade below the grade of rear
admiral (lower half) shall be retired on the first day of the month
following the month in which the officer becomes 62 years of age.
(b) Flag Officers.--Notwithstanding subsection (a), the President
may defer the retirement of an officer serving in a position that
carries a grade above captain for such period as the President
considers advisable, but such a deferment may not extend beyond the
first day of the month following the month in which the officer becomes
64 years of age.
SEC. 5334. RETIREMENT FOR LENGTH OF SERVICE.
An officer who has completed 20 years of service, of which at least
10 years was service as a commissioned officer, may at any time
thereafter, upon application by such officer and in the discretion of
the President, be placed on the retired list.
SEC. 5335. COMPUTATION OF RETIRED PAY.
(a) Officers First Becoming Members Before September 8, 1980.--Each
officer on the retired list who first became a member of a uniformed
service before September 8, 1980, shall receive retired pay at the rate
determined by multiplying--
(1) the retired pay base determined under section 1406(g)
of title 10, United States Code; by
(2) 2\1/2\ percent of the number of years of service that
may be credited to the officer under section 1405 of such title
as if the officer's service were service as a member of the
Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired
pay base.
(b) Officers First Becoming Members on or After September 8,
1980.--Each officer on the retired list who first became a member of a
uniformed service on or after September 8, 1980, shall receive retired
pay at the rate determined by multiplying--
(1) the retired pay base determined under section 1407 of
title 10, United States Code; by
(2) the retired pay multiplier determined under section
1409 of such title for the number of years of service that may
be credited to the officer under section 1405 of such title as
if the officer's service were service as a member of the Armed
Forces.
(c) Treatment of Full and Fractional Parts of Months in Computing
Years of Service.--
(1) In general.--In computing the number of years of
service of an officer for the purposes of subsection (a)--
(A) each full month of service that is in addition
to the number of full years of service creditable to
the officer shall be credited as \1/12\ of a year; and
(B) any remaining fractional part of a month shall
be disregarded.
(2) Rounding.--Retired pay computed under this section, if
not a multiple of $1, shall be rounded to the next lower
multiple of $1.
SEC. 5336. RETIRED GRADE AND RETIRED PAY.
Each officer retired pursuant to law shall be placed on the retired
list with the highest grade satisfactorily held by that officer while
on active duty including active duty pursuant to recall, under
permanent or temporary appointment, and shall receive retired pay based
on such highest grade, if--
(1) the officer's performance of duty in such highest grade
has been satisfactory, as determined by the Secretary of the
department or departments under whose jurisdiction the officer
served; and
(2) unless retired for disability, the officer's length of
service in such highest grade is no less than that required by
the Secretary of officers retiring under permanent appointment
in that grade.
SEC. 5337. RETIRED RANK AND PAY HELD PURSUANT TO OTHER LAWS UNAFFECTED.
Nothing in this subtitle shall prevent an officer from being placed
on the retired list with the highest rank and with the highest retired
pay to which the officer is entitled under any other provision of law.
SEC. 5338. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF RETIREMENT.
The provisions of subchapter IV of chapter 36 of title 10, United
States Code, relating to continuation on active duty and deferral of
retirement shall apply to commissioned officers of the Administration.
SEC. 5339. RECALL TO ACTIVE DUTY.
The provisions of chapter 39 of title 10, United States Code,
relating to recall of retired officers to active duty, including the
limitations on such recalls, shall apply to commissioned officers of
the Administration.
Subtitle D--Service of Officers With the Military Departments
SEC. 5341. COOPERATION WITH AND TRANSFER TO MILITARY DEPARTMENTS.
(a) In General.--The President may, whenever in the judgment of the
President a sufficient national emergency exists, transfer to the
service and jurisdiction of a military department such vessels,
equipment, stations, and officers of the Administration as the
President considers to be in the best interest of the country. After
any such transfer all expenses connected therewith shall be defrayed
out of the appropriations for the department to which the transfer is
made. Such transferred vessels, equipment, stations, and officers shall
be returned to the Administration when the national emergency ceases,
in the opinion of the President. Nothing in this section shall be
construed as transferring the Administration or any of its functions
from the Department of Commerce except in time of national emergency
and to the extent provided in this section.
(b) Status of Transferred Officers.--An officer of the
Administration transferred under this section, shall, while under the
jurisdiction of a military department, have proper military status and
shall be subject to the laws, regulations, and orders for the
government of the Army, Navy, or Air Force, as the case may be, insofar
as the same may be applicable to persons whose retention permanently in
the military service of the United States is not contemplated by law.
SEC. 5342. RELATIVE RANK OF OFFICERS WHEN SERVING WITH ARMY, NAVY, OR
AIR FORCE.
When serving with the Army, Navy, or Air Force, an officer of the
Administration shall rank with and after officers of corresponding
grade in the Army, Navy, or Air Force of the same length of service in
grade. Nothing in this subtitle shall be construed to affect or alter
an officer's rates of pay and allowances when not assigned to military
duty.
SEC. 5343. RULES AND REGULATIONS WHEN COOPERATING WITH MILITARY
DEPARTMENTS.
(a) Joint Regulations.--The Secretary of Defense and the Secretary
of Commerce shall jointly prescribe regulations--
(1) governing the duties to be performed by the
Administration in time of war; and
(2) providing for the cooperation of the Administration
with the military departments in time of peace in preparation
for its duties in time of war.
(b) Approval.--Regulations under subsection (a) shall not be
effective unless approved by each of those Secretaries.
(c) Communications.--Regulations under subsection (a) may provide
procedures for making reports and communications between a military
department and the Administration.
Subtitle E--Rights and Benefits
SEC. 5351. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, UNITED
STATES CODE.
(a) Provisions Made Applicable to the Corps.--The rules of law that
apply to the Armed Forces under the following provisions of title 10,
United States Code, as those provisions are in effect from time to
time, apply also to the commissioned officer corps of the
Administration:
(1) Chapter 40, relating to leave.
(2) Section 716, relating to transfers between the armed
forces and to and from National Oceanic and Atmospheric
Administration.
(3) Section 1035, relating to deposits of savings.
(4) Section 1036, relating to transportation and travel
allowances for escorts for dependents of members.
(5) Section 1052, relating to reimbursement for adoption
expenses.
(6) Section 1174a, relating to special separation benefits
(except that benefits under subsection (b)(2)(B) of such
section are subject to the availability of appropriations for
such purpose and are provided at the discretion of the
Secretary of Commerce).
(7) Chapter 61, relating to retirement or separation for
physical disability.
(8) Chapter 69, relating to retired grade, except sections
1370, 1375, and 1376.
(9) Chapter 71, relating to computation of retired pay.
(10) Chapter 73, relating to annuities based on retired or
retainer pay.
(11) Subchapter II of chapter 75, relating to death
benefits.
(12) Section 2634, relating to transportation of motor
vehicles for members on permanent change of station.
(13) Sections 2731 and 2735, relating to property loss
incident to service.
(14) Section 2771, relating to final settlement of accounts
of deceased members.
(15) Such other provisions of subtitle A of that title as
may be adopted for applicability to the commissioned officer
corps of the National Oceanic and Atmospheric Administration by
any other provision of law.
(b) References.--The authority vested by title 10, United States
Code, in the ``military departments'', ``the Secretary concerned'', or
``the Secretary of Defense'' with respect to the provisions of law
referred to in subsection (a) shall be exercised, with respect to the
commissioned officer corps of the Administration, by the Secretary of
Commerce or the Secretary's designee.
SEC. 5352. ELIGIBILITY FOR VETERANS BENEFITS AND OTHER RIGHTS,
PRIVILEGES, IMMUNITIES, AND BENEFITS UNDER CERTAIN
PROVISIONS OF LAW.
(a) In General.--Active service of officers of the Administration
shall be deemed to be active military service for the purposes of all
rights, privileges, immunities, and benefits under the following:
(1) Laws administered by the Secretary of Veterans Affairs.
(2) The Soldiers' and Sailors' Civil Relief Act of 1940 (50
App. U.S.C. 501 et seq.).
(3) Section 210 of the Social Security Act (42 U.S.C. 410),
as in effect before September 1, 1950.
(b) Exercise of Authority.--In the administration of the laws and
regulations referred to in subsection (a), with respect to the
Administration, the authority vested in the Secretary of Defense and
the Secretaries of the military departments and their respective
departments shall be exercised by the Secretary of Commerce.
SEC. 5353. MEDICAL AND DENTAL CARE.
The Secretary may provide medical and dental care, including care
in private facilities, for personnel of the Administration entitled to
that care by law or regulation.
SEC. 5354. COMMISSARY PRIVILEGES.
(a) Extension of Privilege.--Commissioned officers, ships'
officers, and members of crews of vessels of the Administration shall
be permitted to purchase commissary and quartermaster supplies as far
as available from the Armed Forces at the prices charged officers and
enlisted members of the Armed Forces.
(b) Sales of Rations, Stores, Uniforms, and Related Equipment.--The
Secretary may purchase ration supplies for messes, stores, uniforms,
accouterments, and related equipment for sale aboard ship and shore
stations of the Administration to members of the uniformed services and
to personnel assigned to such ships or shore stations. Sales shall be
in accordance with regulations prescribed by the Secretary, and
proceeds therefrom shall, as far as is practicable, fully reimburse the
appropriations charged without regard to fiscal year.
(c) Surviving Spouses' Rights.--Rights extended to members of the
uniformed services in this section are extended to their surviving
spouses and to such others as are designated by the Secretary
concerned.
SEC. 5355. AUTHORITY TO USE APPROPRIATED FUNDS FOR TRANSPORTATION AND
REIMBURSEMENT OF CERTAIN ITEMS.
(a) Transportation of Effects of Deceased Officers.--In the case of
an officer who dies on active duty, the Secretary may provide, from
appropriations made available to the Administration, transportation
(including packing, unpacking, crating, and uncrating) of personal and
household effects of that officer to the official residence of record
of that officer. However, upon application by the dependents of such an
officer, such transportation may be provided to such other location as
may be determined by the Secretary.
(b) Reimbursement for Supplies Furnished by Officers to Distressed
and Shipwrecked Persons.--Under regulations prescribed by the
Secretary, appropriations made available to the Administration may be
used to reimburse an officer for food, clothing, medicines, and other
supplies furnished by the officer--
(1) for the temporary relief of distressed persons in
remote localities; or
(2) to shipwrecked persons who are temporarily provided for
by the officer.
SEC. 5356. PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT.
(a) Presentation of Flag Upon Retirement.--Upon the release of a
commissioned officer from active commissioned service for retirement,
the Secretary shall present a United States flag to the officer.
(b) Multiple Presentations Not Authorized.--An officer is not
eligible for presentation of a flag under subsection (a) if the officer
has previously been presented a flag under this section or any other
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.
(c) No Cost to Recipient.--The presentation of a flag under this
section shall be at no cost to the recipient.
Subtitle F--Repeals and Conforming Amendments
SEC. 5361. REPEALS.
The following provisions of law are repealed:
(1) The Coast and Geodetic Survey Commissioned Officers'
Act of 1948 (33 U.S.C. 853a et seq.).
(2) Section 3 of the Act of August 10, 1956 (33 U.S.C.
857a).
(3) Public Law 91-621 (33 U.S.C. 857-1 et seq.).
(4) Section 16 of the Act of May 22, 1917 (33 U.S.C. 854,
855, 856, 857, and 858).
(5) Section 1 of the Act of July 22, 1947 (33 U.S.C. 874).
(6) Section 11 of the Act entitled ``An Act to increase the
efficiency of the commissioned and enlisted personnel of the
Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic
Survey, and Public Health Service'', enacted May 18, 1920 (33
U.S.C. 864).
(7) Section 636(a)(17) of the Foreign Assistance Act of
1961 (22 U.S.C. 2396(a)(17)).
SEC. 5362. CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Section 1406(g) of title 10,
United States Code, is amended by striking ``section 16 of the Coast
and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C.
853o)'' and inserting ``section 5335 of the National Oceanic and
Atmospheric Administration Commissioned Officers Act of 2002''.
(b) Public Law 104-106.--Section 566(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
328; 10 U.S.C. 1293 note) is amended by striking ``the Coast and
Geodetic Survey Commissioned Officers' Act of 1948'' and inserting
``the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002''.
TITLE IV--NOAA HYDROGRAPHIC SERVICES IMPROVEMENT
SEC. 5421. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the ``Hydrographic
Services Improvement Act Amendments of 2002''.
(b) References.--Except as otherwise expressly provided, whenever
in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.).
SEC. 5422. DEFINITIONS.
Section 302 (33 U.S.C. 892) is amended--
(1) in paragraph (3) by inserting ``, geospatial, or
geomagnetic'' after ``geodetic''; and
(2) in paragraph (4) by inserting ``geospatial,
geomagnetic,'' after ``geodetic,''.
SEC. 5423. FUNCTIONS OF ADMINISTRATOR.
(a) Hydrographic Monitoring Systems.--Section 303(b)(4) (33 U.S.C.
892a(b)(4)) is amended to read as follows:
``(4) shall, subject to the availability of appropriations,
design, install, maintain, and operate real-time hydrographic
monitoring systems to enhance navigation safety and
efficiency.''.
(b) Conservation and Management of Coastal and Ocean Resources.--
Section 303 (33 U.S.C. 892a) is further amended by adding at the end
the following:
``(c) Conservation and Management of Coastal and Ocean Resources.--
Where appropriate and to the extent that it does not detract from the
promotion of safe and efficient navigation, the Secretary may use
hydrographic data and services to support the conservation and
management of coastal and ocean resources.''.
SEC. 5424. QUALITY ASSURANCE PROGRAM.
(a) In General.--Section 304(b)(1) (33 U.S.C. 892b(b)(1)) is
amended to read as follows:
``(1) In general.--The Administrator--
``(A) by not later than 2 years after the date of
enactment of the Hydrographic Services Improvement Act
Amendments of 2002, shall, subject to the availability
of appropriations, develop and implement a quality
assurance program that is equally available to all
applicants, under which the Administrator may certify
hydrographic products that satisfy the standards
promulgated by the Administrator under section
303(a)(3) of this Act;
``(B) may authorize the use of the emblem or any
trademark of the Administration on a hydrographic
product certified under subparagraph (A); and
``(C) may charge a fee for such certification and
use.''.
(b) Acceptance and Recognition of Certifications.--Section 304(b)
(33 U.S.C. 892b(b)) is amended by adding at the end the following:
``(3) Acceptance and recognition of certifications.--The
Administrator shall, to the maximum extent practicable, assure
that any international organizations and agreements to which
the United States is a party which affect hydrographic products
and nautical charts accept or recognize, respectively,
hydrographic products certified by the Administrator under this
subsection.''.
(c) Implementation of Executive Order and OMB Circular.--Section
304 (33 U.S.C. 892b) is amended by adding at the end the following:
``(f) Annual Study and Report Regarding Implementation of Executive
Order and OMB Circular.--
``(1) In general.--The Administrator shall annually conduct
a study of, and report to the panel established under section
305 regarding, steps taken to comply with section 3(d) of
Executive Order 12906 and Office of Management and Budget
Circular A-16 with respect to the collection and production of
new hydrographic data and products by the Administration.
``(2) Consultation.--In carrying out the study and report,
the Administrator shall consult with the Federal Geographic
Data Committee.''.
SEC. 5425. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305 (33 U.S.C. 892c) is amended to read as follows:
``SEC. 305. HYDROGRAPHIC SERVICES REVIEW PANEL.
``(a) Establishment.--No later than 1 year after the date of
enactment of the Hydrographic Services Improvement Act Amendments of
2002, the Secretary shall establish the Hydrographic Services Review
Panel.
``(b) Duties.--
``(1) In general.--The panel shall advise the Administrator
on matters related to the responsibilities and authorities set
forth in section 303 of this Act and such other appropriate
matters as the Administrator refers to the panel for review and
advice.
``(2) Administrative resources.--The Administrator shall
make available to the panel such information, personnel, and
administrative services and assistance as it may reasonably
require to carry out its duties.
``(c) Membership.--
``(1) In general.--
``(A) The panel shall consist of 15 voting members
who shall be appointed by the Administrator. The
Director of the Joint Hydrographic Institute and no
more than 2 employees of the National Oceanic and
Atmospheric Administration appointed by the
Administrator shall serve as nonvoting members of the
panel. The voting members of the panel shall be
individuals who, by reason of knowledge, experience, or
training, are especially qualified in one or more of
the disciplines and fields relating to hydrographic
surveying, tide, current geodetic and geospatial
measurement, marine transportation, port
administration, vessel pilotage, and coastal and
fishery management.
``(B) An individual may not be appointed as a
voting member of the panel if the individual is a full-
time officer or employee of the United States.
``(C) Any voting member of the panel who is an
applicant for, or beneficiary (as determined by the
Secretary) of, any assistance under this Act shall
disclose to the panel that relationship, and may not
vote on any matter pertaining to that assistance.
``(2) Terms.--
``(A) The term of office of a voting member of the
panel shall be 4 years, except that of the original
appointees, five shall be appointed for a term of 2
years, five shall be appointed for a term of 3 years,
and five shall be appointed for a term of 4 years, as
specified by the Administrator at the time of
appointment.
``(B) Any individual appointed to a partial or full
term may be reappointed for one additional full term. A
voting member may serve after the date of the
expiration of the term of office for which appointed
until his or her successor has taken office.
``(3) Nominations.--At least once each year, the Secretary
shall publish a notice in the Federal Register soliciting
nominations for membership on the panel.
``(4) Chairman and vice chairman.--
``(A) The panel shall select one voting member to
serve as the Chairman and another voting member to
serve as the Vice Chairman.
``(B) The Vice Chairman shall act as Chairman in
the absence or incapacity of the Chairman.
``(d) Compensation.--Voting members of the panel shall--
``(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and
``(2) be reimbursed for actual and reasonable expenses
incurred in the performance of such duties.
``(e) Meetings.--The panel shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request of a
majority of the voting members or of the Secretary.
``(f) Powers.--The panel may exercise such powers as are reasonably
necessary in order to carry out its duties under subsection (b).''.
SEC. 5426. PLAN REGARDING PHOTOGRAMMETRY AND REMOTE SENSING.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration shall submit to the Congress a plan for
increasing, consistent with this title, contracting with the private
sector for photogrammetric, remote sensing, and other geospatial
reference services related to hydrographic data acquisition or
hydrographic services activities performed by the National Ocean
Service. In preparing the plan, the Administrator shall consult with
private sector entities knowledgeable in photogrammetry and remote
sensing.
(b) Contents.--The plan shall include the following:
(1) An assessment of which of the photogrammetric, remote
sensing, and other geospatial reference services related to
hydrographic data acquisition or hydrographic services
activities performed by the National Ocean Service can be
performed adequately by private-sector entities.
(2) An evaluation of the relative cost-effectiveness of the
Federal Government and private-sector entities in performing
those activities.
(3) A strategy for enhancing and improving the acquisition
and contract management capabilities of the National Oceanic
and Atmospheric Administration to assist in the utilization of
private sector entities for photogrammetric, remote sensing,
and other geospatial reference services related to hydrographic
data acquisition or hydrographic services activities performed
by the National Ocean Service, including--
(A) the transfer and retraining of personnel to
become contracting officer technical representatives;
(B) education in the use of contracting procedures
in accordance with section 303(b)(3) of the
Hydrographic Services Improvement Act of 1998, as
amended by this Act; and
(C) the utilization of training, education, and
acquisition and contract management capabilities of
other Federal agencies that are expert and experienced
in contracting for such services.
SEC. 5427. AUTHORIZATION OF APPROPRIATIONS.
Section 306 (33 U.S.C. 892d) is amended to read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Administrator the
following:
``(1) To carry out nautical mapping and charting functions
under sections 303 and 304 of this Act, except for conducting
hydrographic surveys--
``(A) $50,000,000 for fiscal year 2003;
``(B) $55,000,000 for fiscal year 2004;
``(C) $60,000,000 for fiscal year 2005;
``(D) $65,000,000 for fiscal year 2006; and
``(E) $70,000,000 for fiscal year 2007.
``(2) To contract for hydrographic surveys under section
303(b)(1), including the leasing or time chartering of
vessels--
``(A) $40,000,000 for fiscal year 2003;
``(B) $42,500,000 for fiscal year 2004;
``(C) $45,000,000 for fiscal year 2005;
``(D) $47,500,000 for fiscal year 2006; and
``(E) $50,000,000 for fiscal year 2007.
``(3) To carry out geodetic functions under this title--
``(A) $27,500,000 for fiscal year 2003;
``(B) $30,000,000 for fiscal year 2004;
``(C) $32,500,000 for fiscal year 2005;
``(D) $35,000,000 for fiscal year 2006; and
``(E) $35,500,000 for fiscal year 2007.
``(4) To carry out tide and current measurement functions
under this title--
``(A) $25,000,000 for fiscal year 2003;
``(B) $27,500,000 for fiscal year 2004;
``(C) $30,000,000 for fiscal year 2005;
``(D) $32,500,000 for fiscal year 2006; and
``(E) $35,000,000 for fiscal year 2007.
``(5) To carry out activities authorized under this title
that enhance homeland security, including electronic navigation
charts, hydrographic surveys, real time tide and current
measurements, and geodetic functions, in addition to other
amounts authorized by this section, $50,000,000.''.
TITLE V--FISH AND WILDLIFE CONSERVATION
Subtitle A--Bear River Migratory Bird Refuge Education and
Administrative Center
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the ``Bear River Migratory Bird
Refuge Visitor Center Act''.
SEC. 5502. FINDINGS.
The Congress finds the following:
(1) The Bear River marshes have been a historical waterfowl
oasis and an important inland waterfowl flyway for thousands of
years.
(2) The Congress created the Bear River Migratory Bird
Refuge as one of the first National Wildlife Refuges, for the
purpose of protecting waterfowl habitat and migratory birds,
educating the public regarding, and enhancing public
appreciation of, waterfowl habitat and migratory birds.
(3) The Bear River Migratory Bird Refuge was virtually
destroyed by the devastating floods that occurred between 1983
and 1985.
(4) Refuge employees, aided by volunteers, have taken
valiant actions to rebuild the Refuge by restoring habitat,
increasing its attractiveness to waterfowl, reducing waterfowl
botulism, and providing recreational and educational
opportunities to the public.
(5) The Bear River Migratory Bird Refuge lacks a functional
education and administrative center.
(6) The creation of such a facility would significantly
enhance public appreciation of waterfowl and the need to
preserve waterfowl habitat.
(7) The Congress has taken significant steps to provide
funding for the construction of an education and administrative
center.
SEC. 5503. DEFINITIONS.
For the purpose of this subtitle, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge in Box Elder County, Utah.
(3) Education and administrative center.--The term
``Education and Administrative Center'' means the facility
identified in the Environmental Assessment dated 1991 and
entitled ``Restoration and Expansion of the Bear River
Migratory Bird Refuge''.
SEC. 5504. AUTHORIZATION OF CONSTRUCTION OF THE EDUCATION CENTER.
(a) Construction.--The Secretary shall construct the Education and
Administrative Center at the Refuge for the purposes of providing for
the interpretation of resources of the Refuge for the education and
benefit of the public, the advancement of research, protection, and
health of waterfowl habitat, and for the administration of the Bear
River Migratory Bird Refuge.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $11,000,000 to carry out subsection (a).
SEC. 5505. MATCHING CONTRIBUTIONS REQUIREMENTS.
(a) Donation of Funds and Services.--The Secretary may accept
donations of funds and services from nonprofit organizations, State and
local governments, and private citizens for the construction of the
Education and Administrative Center.
(b) Matching Funds.--The Secretary may not require matching funds
or contributions in kind with a combined total value of more than
$1,500,000 for construction of the Education and Administrative Center.
Subtitle B--North American Wetlands Conservation Reauthorization Act
SEC. 5521. SHORT TITLE.
This subtitle may be cited as the ``North American Wetlands
Conservation Reauthorization Act''.
SEC. 5522. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVATION ACT.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.).
SEC. 5523. FINDINGS AND STATEMENT OF PURPOSE.
(a) Finding.--Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended by
striking ``and other habitats'' and inserting ``and associated
habitats''.
(b) Purposes.--Section 2(b) (16 U.S.C. 4401(b)) is amended--
(1) in paragraph (1) by striking ``and other habitats for
migratory birds'' and inserting ``and associated habitats for
wetland dependent migratory birds'';
(2) in paragraph (2) by inserting ``wetland dependent''
before ``migratory bird''; and
(3) in paragraph (3)--
(A) by inserting ``wetland dependent'' before
``migratory birds''; and
(B) by inserting ``, the United States Shorebird
Conservation Plan, the North American Waterbird
Conservation Plan, the Partners In Flight Conservation
Plans,'' after ``North American Waterfowl Management
Plan''.
SEC. 5524. DEFINITION OF WETLANDS CONSERVATION PROJECT.
Section 3(9) (16 U.S.C. 4402(9)) is amended--
(1) in subparagraph (A) by inserting ``of a wetland
ecosystem and associated habitat'' after ``including water
rights,''; and
(2) in subparagraph (B) by striking ``and other habitat''
and inserting ``and associated habitat''.
SEC. 5525. REAUTHORIZATION.
Section 7(c) (16 U.S.C. 4406(c)) is amended by striking ``not to
exceed'' and all that follows and inserting ``not to exceed--
``(1) $55,000,000 for fiscal year 2003;
``(2) $60,000,000 for fiscal year 2004;
``(3) $65,000,000 for fiscal year 2005;
``(4) $70,000,000 for fiscal year 2006; and
``(5) $75,000,000 for fiscal year 2007.''.
SEC. 5526. ALLOCATION.
Section 8(a) (16 U.S.C. 4407(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(but at least 50 per centum and
not more than 70 per centum thereof)'' and inserting
``(but at least 25 percent and not more than 50 percent
thereof)''; and
(B) by striking ``4 per centum'' and inserting ``4
percent''; and
(2) in paragraph (2) by striking ``(but at least 30 per
centum and not more than 50 per centum thereof)'' and inserting
``(but at least 50 percent and not more than 75 percent
thereof)''.
SEC. 5527. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF APPROVED
WETLANDS CONSERVATION PROJECTS.
Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so much as
precedes the second sentence and inserting the following:
``(b) Cost Sharing.--(1) Except as provided in paragraph (2), as a
condition of providing assistance under this Act for any approved
wetlands conservation project, the Secretary shall require that the
portion of the costs of the project paid with amounts provided by non-
Federal United States sources is equal to at least the amount allocated
under subsection (a) that is used for the project.
``(2) Federal moneys allocated under subsection (a) may be used to
pay 100 percent of the costs of such projects located on Federal lands
and waters, including the acquisition of inholdings within such lands
and waters.
``(3)''.
SEC. 5528. TECHNICAL CORRECTIONS.
(a) The North American Wetlands Conservation Act is amended as
follows:
(1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by
inserting ``of 1973'' after ``Species Act''.
(2) In section 3(2) (16 U.S.C. 4402(2)), by striking
``Committee on Merchant Marine and Fisheries of the United
States House of Representatives'' and inserting ``Committee on
Resources of the House of Representatives''.
(3) In section 3(5) (16 U.S.C. 4402(5)), by inserting ``of
1973'' after ``Species Act''.
(4) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by
striking ``section 3(2)(B)'' and inserting ``section
3(g)(2)(B)''.
(5) In section 4(c) (16 U.S.C. 4403(c)), in the matter
preceding paragraph (1), by striking ``Commission'' and
inserting ``Council''.
(6) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting
``of 1973'' after ``Species Act''.
(7) In section 5(f) (16 U.S.C. 4404(f)), by striking
``subsection (d)'' and inserting ``subsection (e)''.
(8) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking
``western hemisphere pursuant to section 17 of this Act'' and
inserting ``Western Hemisphere pursuant to section 16''.
(9) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking
the period and inserting ``; and''.
(10) In section 16(a) (16 U.S.C. 4413), by striking
``western hemisphere'' and inserting ``Western Hemisphere''.
(b)(1) Section 112(1) of Public Law 101-593 (104 Stat. 2962) is
amended by striking ``and before the period''.
(2) Paragraph (1) of this subsection shall be effective on and
after the effective date of section 112(1) of Public Law 101-593 (104
Stat. 2962).
Subtitle C--Bear River Migratory Bird Refuge Claims Settlement
SEC. 5531. SHORT TITLE.
This subtitle may be cited as the ``Bear River Migratory Bird
Refuge Settlement Act of 2002''.
SEC. 5532. FINDINGS.
The Congress finds the following:
(1) The Secretary of the Interior and the State of Utah
have negotiated a preliminary agreement concerning the
ownership of lands within the Bear River Migratory Bird Refuge
located in Bear River Bay of the Great Salt Lake, Utah.
(2) The State is entitled to ownership of those sovereign
lands constituting the bed of the Great Salt Lake, and,
generally, the location of the sovereign lands boundary was set
by an official survey of the Great Salt Lake meander line.
(3) The establishment of the Refuge in 1928 along the shore
of the Great Salt Lake, and lack of a meander line survey
within the Refuge, has led to uncertainty of ownership of some
those sovereign lands.
(4) In order to settle the uncertainty concerning the
sovereign land boundary caused by the gap in the surveyed Great
Salt Lake meander line within the Refuge, the Secretary and the
State have agreed to the establishment of a fixed sovereign
land boundary along the southern boundary of the Refuge and the
State has agreed to release any claim to the lake bed above
such boundary line.
(5) The Secretary and the State have expressed their
intentions to establish a mutually agreed upon procedure to
address the conflicting claims to ownership of the lands and
interests in land within the Refuge.
SEC. 5533. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Refuge.--The term ``Refuge'' means the Bear River
Migratory Bird Refuge located in Bear River Bay of the Great
Salt Lake, Utah.
(3) Agreement.--The term ``agreement'' means the agreement
to be signed by the Secretary and the State to establish a
mutually agreeable procedure for addressing the conflicting
claims to ownership of the lands and interests in land within
the Refuge.
(4) State.--The term ``State'' means the State of Utah.
SEC. 5534. REQUIRED TERMS OF LAND CLAIMS SETTLEMENT, BEAR RIVER
MIGRATORY BIRD REFUGE, UTAH.
(a) Specific Terms Required in Agreement.--The Secretary shall not
enter into an agreement with the State for the quitclaim or other
transfer of lands or interests in lands within the Refuge unless the
terms of the agreement include each of the following provisions:
(1) Nothing in the agreement shall be construed to impose
upon the State or any of agency of the State any obligation to
convey to the United States any interest in water owned or
controlled by the State, except upon appropriate terms and for
adequate consideration.
(2) Nothing in the agreement shall constitute admission or
denial of the United States claim to a Federal reserved water
right.
(3) The State shall support the United States application
to add an enlarged Hyrum Reservoir, or another storage
facility, as an alternate place of storage under the Refuge's
existing 1000 cubic feet per second State certified water
right. Such support shall be contingent upon demonstration by
the United States that no injury to water rights shall occur as
a result of the addition.
(4) Nothing in the agreement shall affect jurisdiction by
the State or the United States Fish and Wildlife Service over
wildlife resources management, including fishing, hunting and
trapping, within the Refuge.
(5) If the State elects to bring suit against the United
States challenging the validity of the deed issued pursuant to
the agreement, and if such suit is successful in invalidating
such deed, the State will--
(A) pay the United States for the fair market value
of all real property improvements on the property at
the time of invalidation, such as dikes, water control
structures and buildings;
(B) repay any amounts paid by the United States
because of ownership of the land by the United States
from the date of establishment of the Refuge, such as
payments in lieu of taxes; and
(C) repay any amounts paid to the State pursuant to
the agreement.
(6) Subject to the availability of funds for this purpose,
the Secretary shall agree to pay $15,000,000 to the State upon
delivery by the State of a quitclaim deed that meets all
applicable standards of the Department of Justice and covers
all lands and interests in lands claimed by the State within
the Refuge. Such payment shall be subject to the condition that
the State use the payment for the purposes, and in the amounts,
specified in subsections (b) and (c).
(b) Wetlands and Wildlife Protection Programs.--
(1) Deposit.--The State shall deposit $10,000,000 of the
amount paid pursuant to the agreement, as required by
subsection (a)(6), in a restricted account, known as the
Wetlands and Habitat Protection Account, to be used as provided
in paragraph (2).
(2) Authorized uses.--The Executive Director of the Utah
Department of Natural Resources may withdraw from the Wetlands
and Habitat Protection Account, on an annual basis, amounts
equal to the interest earned on the amount deposited under
paragraph (1) for the following purposes:
(A) Wetland or open space protection in and near
the Great Salt Lake.
(B) Enhancement and acquisition of wildlife habitat
in and near the Great Salt Lake.
(c) Recreational Trails Development and Stream Preservation.--Of
the amount paid to the State in accordance with the terms of an
agreement specified in subsection (a)(6), the Utah Department of
Natural Resources shall use--
(1) $2,000,000 for the development, improvement, and
expansion of the James V. Hansen Shoshone Trail;
(2) $1,000,000 for the development, improvement, and
expansion of the Ogden-Weber Trail System;
(3) $1,000,000 for the non-motorized trails program of the
Utah State Division of Parks and Recreation; and
(4) $1,000,000 for the preservation, reclamation,
enhancement, and conservation of streams in the State.
(d) Coordination of Projects.--The Executive Director of the Utah
Department of Natural Resources shall seek to maximize the use of funds
under subsections (b) and (c) through coordination with nonprofit
organizations, Federal agencies, other agencies of the State, and local
governments, and shall give priority to those projects under such
subsections that include Federal, State, or private matching funds.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for the payment required by subsection (a)(6)
to be included as a term of the agreement.
Subtitle D--Nutria Eradication or Control
SEC. 5541. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Wetlands and tidal marshes of the Chesapeake Bay and in
Louisiana provide significant cultural, economic, and
ecological benefits to the Nation.
(2) The South American nutria (Myocastor coypus) is
directly contributing to substantial marsh loss in Maryland and
Louisiana on Federal, State, and private land.
(3) Traditional harvest methods to control or eradicate
nutria have failed in Maryland and have had limited success in
the eradication of nutria in Louisiana. Consequently, marsh
loss is accelerating.
(4) The nutria eradication and control pilot program
authorized by Public Law 105-322 is to develop new and
effective methods for eradication of nutria.
(b) Purpose.--The purpose of this subtitle is to authorize the
Secretary of the Interior to provide financial assistance to the State
of Maryland and the State of Louisiana for a program to implement
measures to eradicate or control nutria and restore marshland damaged
by nutria.
SEC. 5542. NUTRIA ERADICATION PROGRAM.
(a) Grant Authority.--The Secretary of the Interior (in this
section referred to as the ``Secretary''), subject to the availability
of appropriations, may provide financial assistance to the State of
Maryland and the State of Louisiana for a program to implement measures
to eradicate or control nutria and restore marshland damaged by nutria.
(b) Goals.--The goals of the program shall be to--
(1) eradicate nutria in Maryland;
(2) eradicate or control nutria in Louisiana and other
States; and
(3) restore marshland damaged by nutria.
(c) Activities.--In the State of Maryland, the Secretary shall
require that the program consist of management, research, and public
education activities carried out in accordance with the document
published by the United States Fish and Wildlife Service entitled
``Eradication Strategies for Nutria in the Chesapeake and Delaware Bay
Watersheds'', dated March 2002.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of the
program may not exceed 75 percent of the total costs of the
program.
(2) In-kind contributions.--The non-Federal share of the
costs of the program may be provided in the form of in-kind
contributions of materials or services.
(e) Limitation on Administrative Expenses.--Not more than 5 percent
of financial assistance provided by the Secretary under this section
may be used for administrative expenses.
(f) Authorization of Appropriations.--For financial assistance
under this section, there is authorized to be appropriated to the
Secretary $4,000,000 for the State of Maryland program and $2,000,000
for the State of Louisiana program for each of fiscal years 2003, 2004,
2005, 2006, and 2007.
SEC. 5543. REPORT.
No later than 6 months after the date of the enactment of this Act,
the Secretary and the National Invasive Species Council shall--
(1) give consideration to the 2002 report for the Louisiana
Department of Wildlife and Fisheries titled ``Nutria in
Louisiana'', and the 2002 document entitled ``Eradication
Strategies for Nutria in the Chesapeake and Delaware Bay
Watersheds''; and
(2) develop, in cooperation with the State of Louisiana
Department of Wildlife and Fisheries and the State of Maryland
Department of Natural Resources, a long-term nutria control or
eradication program, as appropriate, with the objective to
significantly reduce and restore the damage nutria cause to
coastal wetlands in the States of Louisiana and Maryland.
Subtitle E--Expansion of Ottawa National Wildlife Refuge Complex and
Detroit River International Wildlife Refuge
SEC. 5561. SHORT TITLE.
This subtitle may be cited as the ``Ottawa National Wildlife
Refuge Complex Expansion and Detroit River International Wildlife
Refuge Expansion Act''.
SEC. 5562. FINDINGS.
The Congress finds the following:
(1) The western basin of Lake Erie, as part of the Great
Lakes ecosystem, the largest freshwater ecosystem on the face
of the Earth, is vitally important to the economic and
environmental future of the United States.
(2) Over the past three decades, the citizens and
governmental institutions of both the United States and Canada
have devoted increasing attention and resources to the
restoration of the water quality and fisheries of the Great
Lakes, including the western basin. This increased awareness
has been accompanied by a gradual shift to a holistic
``ecosystem approach'' that highlights a growing recognition
that shoreline areas--the nearshore terrestrial ecosystems--are
an integral part of the western basin and the Great Lakes
ecosystem as a whole.
(3) The Great Lakes account for more than 90 percent of the
surface freshwater in the nation. The western basin receives
approximately 90 percent of its flow from the Detroit River and
only approximately 10 percent from tributaries.
(4) The western basin of Lake Erie is an important
ecosystem that includes a number of distinct islands, channels,
rivers, and shoals that support dense populations of fish,
wildlife, and aquatic plants.
(5) The coastal wetlands of Lake Erie support the largest
diversity of plant and wildlife species in the Great Lakes. The
moderate climate of Lake Erie and its more southern latitude
allow for many species that are not found in or along the
northern Great Lakes. More than 300 species of plants,
including 37 significant species, have been identified in the
aquatic and wetland habitats of the western basin.
(6) The shallow western basin of Lake Erie, from the Lower
Detroit River to Sandusky Bay, is home to the largest
concentration of marshes in Lake Erie, including Mouille,
Metzger, and Magee marshes, the Maumee Bay wetland complex, the
wetland complexes flanking Locust Point, and the wetlands in
Sandusky Bay. The larger United States islands in western Lake
Erie have wetlands in their small embayments.
(7) The wetlands in the western basin of Lake Erie comprise
as some of the most important waterfowl habitat in the Great
Lakes. Waterfowl, wading birds, shore birds, gulls and terns,
raptors, and perching birds all use the western basin wetlands
for migration, nesting, and feeding. Hundreds of thousands of
diving ducks stop to rest in the Lake Erie area on their fall
migration from Canada to the east and south. The wetlands of
the western basin of Lake Erie provide a major stopover for
ducks such as migrating bufflehead, common goldeneye, common
mergansers, and ruddy duck.
(8) The international importance of Lake Erie is manifested
in the United States congressional designation of the Ottawa
and Cedar Point National Wildlife Refuges.
(9) Lake Erie has an international reputation for walleye,
perch, and bass fishing, recreational boating, birding,
photography, and duck hunting. On an economic basis, Lake Erie
tourism accounts for an estimated $1,500,000,000 in retail
sales and more than 50,000 jobs.
(10) Many of the 417,000 boats that are registered in Ohio
are used in the western basin of Lake Erie, in part to fish for
the estimated 10,000,000 walleye that migrate from other areas
of the lake to spawn. This internationally renowned walleye
fishery drives much of Ohio's $2,000,000,000 sport fishing
industry.
(11) Coastal wetlands in the western basin of Lake Erie
have been subjected to intense pressure for 150 years. Prior to
1850, the western basin was part of an extensive coastal marsh
and swamp system of approximately 122,000 hectares that
comprised a portion of the Great Black Swamp. By 1951, only
12,407 wetland hectares remained in the western basin. Half of
that acreage was destroyed between 1972 and 1987. Therefore,
today only approximately 5,000 hectares remain. Along the
Michigan shoreline, coastal wetlands were reduced by 62 percent
between 1916 and the early 1970s. The development of the city
of Monroe, Michigan, has had a particularly significant impact
on the coastal wetlands at the mouth of the Raisin River: only
approximately 100 hectares remain physically unaltered today in
an area where 70 years ago marshes were 10 times more
extensive. In addition to the actual loss of coastal wetland
acreage along the shores of Lake Erie, the quality of many
remaining diked wetlands has been degraded by numerous
stressors, especially excessive loadings of sediments and
nutrients, contaminants, shoreline modification, exotic
species, and the diking of wetlands. Protective peninsula beach
systems, such as the former Bay Point and Woodtick, at the
border of Ohio and Michigan near the mouth of the Ottawa River
and Maumee Bay, have been eroded over the years, exacerbating
erosion along the shorelines and impacting the breeding and
spawning grounds.
SEC. 5563. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Refuge Complex'' means the Ottawa National
Wildlife Refuge Complex and the lands and waters therein, as
described in the document entitled ``The Comprehensive
Conservation Plan for the Ottawa National Wildlife Refuge
Complex'' and dated September 22, 2000, including Ottawa
National Wildlife Refuge, West Sister Island National Wildlife
Refuge, and Cedar Point National Wildlife Refuge.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``International Refuge'' means the Detroit
River International Wildlife Refuge established by the Detroit
River International Wildlife Refuge Establishment Act (Public
Law 107-91).
SEC. 5564. EXPANSION OF BOUNDARIES.
(a) Refuge Complex Boundaries.--
(1) Expansion.--The boundaries of the Refuge Complex are
expanded to include lands and waters in the State of Ohio from
the eastern boundary of Maumee Bay State Park to the eastern
boundary of the Darby Unit, including the Bass Island
archipelago, as depicted on the map entitled ``Ottawa National
Wildlife Refuge Complex Expansion and Detroit River
International Wildlife Refuge Expansion Act'', dated September
6, 2002.
(2) Boundary revisions.--The Secretary may make such
revisions to the boundaries of the Refuge Complex as may be
appropriate to carry out the purposes of the Refuge Complex or
to facilitate the acquisition of property within the Refuge
Complex.
(b) International Refuge Boundaries.--The southern boundary of the
International Refuge is extended south to include additional lands and
waters in the State of Michigan east of Interstate Highway 75 from the
southern boundary of Sterling State Park to the Ohio State boundary, as
depicted on the map referred to in subsection (a)(1).
(c) Availability of Map.--The Secretary shall keep the map referred
to in subsection (a)(1) available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
SEC. 5565. ACQUISITION AND TRANSFER OF LANDS FOR REFUGE COMPLEX.
(a) Acquisitions.--The Secretary may acquire by donation, purchase
with donated or appropriated funds, or exchange the lands and waters,
or interests therein (including conservation easements), within the
boundaries of the Refuge Complex as expanded by this title. No such
lands, waters, or interests therein may be acquired without the consent
of the owner thereof.
(b) Transfers From Other Agencies.--Any Federal property located
within the boundaries of the Refuge Complex, as expanded by this title,
that is under the administrative jurisdiction of a department or agency
of the United States other than the Department of the Interior may,
with the concurrence of the head of administering department or agency,
be transferred without consideration to the administrative jurisdiction
of the Secretary for the purposes of this title.
SEC. 5566. ADMINISTRATION OF REFUGE COMPLEX.
(a) In General.--The Secretary shall administer all federally owned
lands, waters, and interests therein that are within the boundaries of
the Refuge Complex, as expanded by this title, in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and this title. The Secretary may use such additional
statutory authority as may be available for the conservation of fish
and wildlife, and the provision of fish and wildlife dependent
recreational opportunities as the Secretary considers appropriate to
implement this title.
(b) Additional Purposes.--In addition to the purposes of the Refuge
Complex under other laws, regulations, executive orders, and
comprehensive conservation plans, the Refuge Complex shall be managed
for the following purposes:
(1) To strengthen and complement existing resource
management, conservation, and education programs and activities
at the Refuge Complex in a manner consistent with the primary
purpose of the Refuge Complex to provide major resting,
feeding, and wintering habitats for migratory birds and other
wildlife, and to enhance national resource conservation and
management in the western basin of Lake Erie.
(2) To conserve, enhance, and restore the native aquatic
and terrestrial community characteristics of the western basin
of Lake Erie (including associated fish, wildlife, and plant
species), both in the United States and Canada in partnership
with nongovernmental and private organizations, as well as
private individuals dedicated to habitat enhancement.
(3) To facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial
authorities, State and local governments, local communities in
the United States and in Canada, conservation organizations,
and other non-Federal entities to promote public awareness of
the resources of the western basin of Lake Erie.
(4) To advance the collective goals and priorities
established in the ``Great Lakes Strategy 2002--A Plan for the
New Millennium'', by the United States Policy Committee
comprised of various Federal agencies, including the United
States Fish and Wildlife Service, the National Oceanic and
Atmospheric Administration, the United States Geological
Survey, the Forest Service, and the Great Lakes Fishery
Commission, as well as the State governments and tribal
governments in the Great Lakes. These goals, broadly stated,
include working together to protect and restore the chemical,
physical, and biological integrity of the Great Lakes basin
ecosystem.
(c) Priority Uses.--In providing opportunities for compatible fish
and wildlife dependent recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge Complex.
(d) Cooperative Agreements Regarding Non-Federal Lands.--The
Secretary may enter into cooperative agreements with the State of Ohio
or the State of Michigan, or any political subdivision thereof, and
with any other person or entity for the management in a manner
consistent with this title of lands that are owned by such State,
subdivision, or other person or entity and located within the
boundaries of the Refuge Complex and to promote public awareness of the
resources of the western basin of Lake Erie and encourage public
participation in the conservation of those resources.
(e) Use of Existing Greenway Authority.--The Secretary shall
encourage the State of Ohio to use existing authorities under the
Transportation Equity Act for the 21st Century to provide funding for
acquisition and development of trails within the boundaries of the
Refuge Complex.
SEC. 5567. STUDY OF ASSOCIATED AREA.
(a) In General.--The Secretary, acting through the Director of the
United States Fish and Wildlife Service, shall conduct a study of fish
and wildlife habitat and aquatic and terrestrial communities of the 2
dredge spoil disposal sites referred to by the Toledo-Lucas County Port
Authority as Port Authority Facility Number Three and Grassy Island,
located within Toledo Harbor near the mouth of the Maumee River.
(b) Report.--Not later than 18 months after the date of the
enactment of the Act, the Secretary shall complete such study and
submit a report containing the results thereof to the Congress.
SEC. 5568. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior--
(1) such sums as may be necessary for the acquisition of
lands and waters within the Refuge Complex;
(2) such sums as may be necessary for the development,
operation, and maintenance of the Refuge Complex; and
(3) such sums as may be necessary to carry out the study
under section 5567.
Subtitle F--Blackwater National Wildlife Refuge Expansion
SEC. 5561. SHORT TITLE.
This subtitle may be cited as the ``Blackwater National Wildlife
Refuge Expansion Act''.
SEC. 5562. FINDINGS.
The Congress finds the following:
(1) Garrett Island, located at the mouth of the Susquehanna
River in Cecil County, Maryland, is a microcosm of the geology
and geography of the region, including hard rock piedmont,
coastal plain, and volcanic formations.
(2) Garrett Island is the only rocky island in the tidal
waters of the Chesapeake.
(3) Garrett Island and adjacent waters provide high-quality
habitat for bird and fish species.
(4) Garrett Island contains significant archeological sites
reflecting human history and prehistory of the region.
SEC. 5563. AUTHORITY TO ACQUIRE PROPERTY FOR INCLUSION IN THE
SUSQUEHANNA NATIONAL WILDLIFE REFUGE.
(a) Acquisition.--The Secretary of the Interior may use otherwise
available amounts to acquire the area known as Garrett Island,
consisting of approximately 198 acres located at the mouth of the
Susquehanna River in Cecil County, Maryland.
(b) Administration.--Lands and interests acquired by the United
States under this section shall be managed by the Secretary as the
Garrett Island Unit of the Blackwater National Wildlife Refuge.
(c) Purposes.--The purposes for which the Garrett Island Unit is
established and shall be managed are the following:
(1) To support the Delmarva Conservation Corridor
Demonstration Program.
(2) To conserve, restore, and manage habitats as necessary
to contribute to the migratory bird populations prevalent in
the Atlantic Flyway.
(3) To conserve, restore, and manage the significant
aquatic resource values associated with submerged land adjacent
to the unit and to achieve the habitat objectives of the
agreement known as the Chesapeake 2000 Agreement.
(4) To conserve the archeological resources on the unit.
(5) To provide public access to the unit in a manner that
does not adversely impact natural resources on and around the
unit.
TITLE VI--MISCELLANEOUS
SEC. 5601. CHESAPEAKE BAY OFFICE.
(a) Reauthorization of Office.--Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) is amended to read as follows:
``SEC. 307. CHESAPEAKE BAY OFFICE.
``(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administration,
an office to be known as the Chesapeake Bay Office (in this section
referred to as the `Office').
``(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as Director
shall have knowledge and experience in research or resource management
efforts in the Chesapeake Bay.
``(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
``(b) Functions.--The Office, in consultation with the Chesapeake
Executive Council, shall--
``(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and local
government agencies in--
``(A) assessing the processes that shape the
Chesapeake Bay system and affect its living resources;
``(B) identifying technical and management
alternatives for the restoration and protection of
living resources and the habitats they depend upon; and
``(C) monitoring the implementation and
effectiveness of management plans;
``(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in
such a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs,
and the Chesapeake Bay units of the National Estuarine Research
Reserve System, including--
``(A) programs and activities in--
``(i) coastal and estuarine research,
monitoring, and assessment;
``(ii) fisheries research and stock
assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and
restoration; and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative
Oxford Laboratory of the National Ocean Service with
respect to--
``(i) nonindigenous species;
``(ii) estuarine and marine species
pathology;
``(iii) human pathogens in estuarine and
marine environments; and
``(iv) ecosystem health;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the
Environmental Protection Agency and other Federal, State, and
local agencies;
``(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and
provide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
``(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
``(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the
Office and on the progress made in protecting and restoring the
living resources and habitat of the Chesapeake Bay, which
report shall include an action plan consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy described in paragraph
(2); and
``(B) proposals for--
``(i) continuing any new National Oceanic
and Atmospheric Administration activities in
the Chesapeake Bay; and
``(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the commitments
of the Chesapeake 2000 agreement and subsequent
agreements.
``(c) Chesapeake Bay Fishery and Habitat Restoration Small
Watershed Grants Program.--
``(1) In general.--The Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
(in this section referred to as the `Director'), in cooperation
with the Chesapeake Executive Council, shall carry out a
community-based fishery and habitat restoration small grants
and technical assistance program in the Chesapeake Bay
watershed.
``(2) Projects.--
``(A) Support.--The Director shall make grants
under this subsection to pay the Federal share of the
cost of projects that are carried out by entities
eligible under paragraph (3) for the restoration of
fisheries and habitats in the Chesapeake Bay.
``(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
``(C) Types of projects.--Projects for which grants
may be made under this subsection include--
``(i) the improvement of fish passageways;
``(ii) the creation of natural or
artificial reefs or substrata for habitats;
``(iii) the restoration of wetland or sea
grass;
``(iv) the production of oysters for
restoration projects; and
``(v) the prevention, identification, and
control of nonindigenous species.
``(3) Eligible entities.--The following entities are
eligible to receive grants under this subsection:
``(A) The government of a political subdivision of
a State in the Chesapeake Bay watershed, and the
government of the District of Columbia.
``(B) An organization in the Chesapeake Bay
watershed (such as an educational institution or a
community organization)--
``(i) that is described in section 501(c)
of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of
that Code; and
``(ii) that will administer such grants in
coordination with a government referred to in
subparagraph (A).
``(4) Additional requirements.--The Director may prescribe
any additional requirements, including procedures, that the
Director considers necessary to carry out the program under
this subsection.
``(d) Budget Line Item.--The Secretary of Commerce shall identify,
in the President's annual budget to the Congress, the funding request
for the Office.
``(e) Chesapeake Executive Council.--For purposes of this section,
`Chesapeake Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the Commonwealth of
Pennsylvania, the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are signatories to the
Chesapeake Bay Agreement, and any future signatories to that Agreement.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Commerce for the Chesapeake Bay
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection
(e).
(c) Multiple Species Management Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
shall begin a 5-year study, in cooperation with the scientific
community of the Chesapeake Bay, appropriate State and
interstate resource management entities, and appropriate
Federal agencies--
(A) to determine and expand the understanding of
the role and response of living resources in the
Chesapeake Bay ecosystem; and
(B) to develop a multiple species management
strategy for the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy
under paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish
and shellfish that live in the Chesapeake Bay and its
tributaries and are selected for study;
(B) evaluate and assess interactions among the fish
and shellfish referred to in subparagraph (A) and other
living resources, with particular attention to the
impact of changes within and among trophic levels; and
(C) recommend management actions to optimize the
return of a healthy and balanced ecosystem for the
Chesapeake Bay.
SEC. 5602. LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES,
AND PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) In General.--The National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) is amended by--
(1) striking section 6 (relating to amendments to other
laws, which have executed);
(2) redesignating section 5 (16 U.S.C. 668ee) as section 6;
and
(3) inserting after section 4 the following:
``SEC. 5. CONCESSION CONTRACTS.
``(a) Contract Requirement.--(1) The Secretary shall not award any
concession that authorizes a person to use any land or water in the
System for any activity described in subsection (b), except under a
contract that complies with the requirements established under
subsection (c).
``(2) The Secretary may not award a contract required under this
subsection except under a competitive bidding process.
``(b) Covered Concession Activities.--(1) The activity referred to
in subsection (a) is any activity conducted to provide accommodations,
facilities, or services to members of the public who are visiting lands
or waters in the System, for the purpose of providing such visitors
recreational, educational, or interpretive enjoyment of lands or waters
in the System.
``(2) Such activity does not include--
``(A) any activity carried out under a procurement
contract, grant agreement, or cooperative agreement required
under chapter 63 of title 31, United States Code;
``(B) the performance of volunteer services; and
``(C) any activity by a governmental entity.
``(c) Standardized Contract.--(1) The Secretary, acting through the
Director, shall issue regulations that establish a standardized
contract for purposes of subsection (a).
``(2) Regulations under this subsection shall authorize a contract
to use a provision other than those specified by the regulations only
if--
``(A) the provision addresses extenuating circumstances
that are specific to a refuge or the contract; and
``(B) the provision is approved by the Director in writing.
``(3) Regulations under this subsection shall require in each
contract provisions that require that any activity conducted in the
System under the contract--
``(A) must be a compatible use; and
``(B) must be designed to--
``(i) conserve the natural and cultural resources
of the System;
``(ii) facilitate the enjoyment of the lands and
waters of the System by visitors to the System; and
``(iii) enhance the such visitors' knowledge of the
natural resources of the System.
``(d) Maintenance and Repair.--(1) Notwithstanding any other
provision of law, the Secretary shall include, in each contract that
authorizes a person to use any land or water in the System for any
activity described in subsection (b), provisions that--
``(A) authorize the person to maintain or repair any
improvement on or in such land or water that the person is
authorized to use for such activity; and
``(B) treat costs incurred by the person for such
maintenance or repair as consideration otherwise required to be
paid to the United States for such use.
``(2) This subsection does not authorize any maintenance or repair
that is not directly related to an activity described in subsection (b)
that is authorized by the contract.
``(3) The United States shall retain title to all property that is
maintained or repaired under this subsection.
``(e) No Compensable Interest.--Nothing in this Act shall be
considered to convey to any person any right to compensation for--
``(1) the value of any maintenance activities, repairs,
construction, or improvements on or in land or water in the
System; or
``(2) buildings, facilities, fixtures, and non-movable
equipment that the person is authorized to use under this Act.
``(f) Expenditure of Fees and Other Payments.--(1) Amounts received
by the United States as fees or other payments required under any
agreement, lease, permit, or contract for use of real property located
in an area in the System shall be available to the Secretary for
expenditure in accordance with this subsection, without further
appropriation.
``(2) Amounts available for expenditure under this subsection may
only be used--
``(A) at the refuge or refuge complex with respect to which
the amounts were received as fees or other payments;
``(B) to increase the quality of the visitor experience;
and
``(C) for purposes of--
``(i) backlogged repair and maintenance projects
(including projects relating to health and safety);
``(ii) interpretation, signage, habitat, or
facility enhancement;
``(iii) resource protection and preservation; or
``(iv) administration of agreements, leases,
permits, and contracts from which such amounts are
derived.
``(3) Paragraph (1) shall not affect the application of the Act of
June 15, 1935 (chapter 261; 16 U.S.C. 715s), commonly referred to as
the Refuge Revenue Sharing Act, to amounts referred to in paragraph (1)
that are not expended by the Secretary under paragraph (1).''.
(b) Application.--Section 5(a) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section, shall
apply only with respect to a concession that is--
(1) first awarded after the date of the publication of
regulations under section 5(c) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section;
or
(2) renewed after the end of the 3-year period beginning on
the date of the enactment of this Act.
(c) Deadline for Regulations Establishing Standardized Contract
Requirements.--The Secretary of the Interior shall issue regulations
under section 5(c) of the National Wildlife Refuge System
Administration Act of 1966, as amended by this section, by not later
than 18 months after the date of the enactment of this Act.
(d) Comprehensive Conservation Plan Requirement.--Section 4(e) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) is amended by adding at the end the following:
``(5) The Secretary shall include, in the comprehensive
conservation plan for each refuge under this subsection, a description
of the activities that may be conducted in the refuge, and the lands,
waters, and facilities of the refuge that may be used, under concession
contracts awarded under section 5(a).''.
(e) Prior Amendments Not Affected.--Nothing in this section shall
be construed to affect any amendment made by section 6 of the National
Wildlife Refuge System Administration Act of 1966, as in effect before
the enactment of this Act, or any provision of law amended by such
section.
(f) Annual Report on National Wildlife Refuge Concessions.--
(1) Reporting requirement.--The National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) is
further amended by adding at the end the following:
``SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN THE SYSTEM.
``(a) In General.--The Secretary shall submit by December 31 each
year, to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate, a report
on concessions activities conducted in the System.
``(b) Contents.--Each report under this section shall describe the
following with respect to the period covered by the report:
``(1) The number of refuge units in which concessions
activities were conducted.
``(2) The names and descriptions of services offered in the
System by each concessionaire.
``(3) A listing of the different types of legal
arrangements under which concessionaires operated in the
System, including contracts, memoranda of understanding,
permits, letters of agreement, and other arrangements.
``(4) Amounts of fees or other payments received by the
United States with respect to such activities from each
concessionaire, and the portion of such funds expended for
purposes under this Act.
``(5) An accounting of the amount of monies deposited into
the fund established by section 401 of the Act of June 15, 1935
(chapter 261; 16 U.S.C. 715s), popularly known as the refuge
revenue sharing fund, and of the balance remaining in the fund
at the end of the reporting period.
``(6) A listing of all concession contracts and other
arrangements that were terminated or not renewed within the
reporting period.
``(7) A summary of all improvements in visitor services in
the System that were completed by concessionaires and
volunteers during the reporting period.
``(8) A summary of all backlogged repair and maintenance,
facility enhancement, and resource preservation projects
completed by concessionaires and volunteers during the
reporting period.''.
(2) Deadline for first report.--The Secretary of the Interior shall
submit the first report under the amendment made by paragraph (1) by
not later than 1 year after the date of the enactment of this Act.
SEC. 5603. EXTENSION OF AUTHORITY OF STATES OF WASHINGTON, OREGON, AND
CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY.
Section 203 of the Act entitled ``An Act to approve a governing
international fishery agreement between the United States and the
Republic of Poland, and for other purposes'', approved November 13,
1998 (Public Law 105-384; 16 U.S.C. 1856 note), is amended by striking
subsection (i).
SEC. 5604. REAUTHORIZATION OF CONNECTICUT RIVER ATLANTIC SALMON
COMMISSION.
Public Law 98-138 (97 Stat. 866) is amended by adding at the end
the following:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary of the
Interior to carry out the activities of the Connecticut River Atlantic
Salmon Commission $5,000,000 for each of fiscal years 2002 through
2010.''.
SEC. 5605. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA.
(a) In General.--Except as provided in subsection (c), the
Secretary of Commerce shall convey to the Board of Trustees of the
California State University, by suitable instrument, in accordance with
this section, by as soon as practicable, but not later than 180 days
after the date of the enactment of this Act, and without consideration,
all right, title, and interest of the United States in the balance of
the National Oceanic and Atmospheric Administration property known as
the Tiburon Laboratory, located in Tiburon, California, as described in
Exhibit A of the notarized, revocable license between the
Administration and Romberg Tiburon Center for Environmental Studies at
San Francisco State University dated November 5, 2001 (license number
01ABF779-N).
(b) Conditions.--As a condition of any conveyance by the Secretary
under this section the Secretary shall require the following:
(1) The property conveyed shall be administered by the
Romberg Tiburon Center for Environmental Studies at San
Francisco State University and used only for the following
purposes:
(A) To enhance estuarine scientific research and
estuary restoration activities within San Francisco
Bay.
(B) To administer and coordinate management
activities at the San Francisco Bay National Estuarine
Research Reserve.
(C) To conduct education and interpretation and
outreach activities to enhance public awareness and
appreciation of estuary resources, and for other
purposes.
(2) The Board shall--
(A) take title to the property as is;
(B) assume full responsibility for all facility
maintenance and repair, security, fire prevention,
utilities, signs, and grounds maintenance;
(C) allow the Secretary to have all necessary
ingress and egress over the property of the Board to
access Department of Commerce building and related
facilities, equipment, improvements, modifications, and
alterations; and
(D) not erect or allow to be erected any structure
or structures or obstruction of whatever kind that will
interfere with the access to or operation of property
retained for the United States under subsection (c)(1),
unless prior written consent has been provided by the
Secretary to the Board.
(c) Retained Interests.--The Secretary shall retain for the United
States--
(1) all right, title, and interest in and to the portion of
the property referred to in subsection (a) comprising Building
86, identified as Parcel C on Exhibit A of the license referred
to in subsection (a), including all facilities, equipment,
fixtures, improvements, modifications, or alterations made by
the Secretary;
(2) rights-of-way and easements that are determined by the
Secretary to be reasonable and convenient to ensure all
necessary ingress, egress, utilities, drainage, and sewage
disposal for the property retained under paragraph (1),
including access to the existing boat launch ramp (or
equivalent) and parking that is suitable to the Secretary;
(3) the exclusive right to install, maintain, repair,
replace, and remove its facilities, fixtures, and equipment on
the retained property, and to authorize other persons to take
any such action;
(4) the right to grade, condition, and install drainage
facilities, and to seed soil on the retained property, if
necessary; and
(5) the right to remove all obstructions from the retained
property that may constitute a hindrance to the establishment
and maintenance of the retained property.
(d) Equivalent Alternative.--
(1) In general.--At any time, either the Secretary or the
Board may request of each other to enter into negotiations
pursuant to which the Board may convey if appropriate to the
United States, in exchange for property conveyed by the United
States under subsection (a), another building that is
equivalent in function to the property retained under
subsection (c) that is acceptable to the Secretary.
(2) Location.--Property conveyed by the Board under this
subsection is not required to be located on the property
referred to in subsection (a).
(3) Costs.--If the Secretary and the Board engage in a
property exchange under this subsection, all costs for repair,
removal, and moving of facilities, equipment, fixtures,
improvements, modifications, or alterations, including power,
control, and utilities, that are necessary for the exchange--
(A) shall be the responsibility of the Secretary,
if the action to seek an equivalent alternative was
requested by the Secretary in response to factors
unrelated to the activities of the Board or its
operatives in the operation of its facilities; or
(B) shall be the responsibility of the Board, if
the Secretary's request for an equivalent alternative
was in response to changes or modifications made by the
Board or its operatives that adversely affected the
Secretary's interest in the property retained under
subsection (c).
(e) Additional Conditions.--As conditions of any conveyance under
subsection (a)--
(1) the Secretary shall require that--
(A) the Board remediate, or have remediated, at its
sole cost, all hazardous or toxic substance
contamination found on the property conveyed under
subsection (a), whether known or unknown at the time of
the conveyance or later discovered; and
(B) the Board of Trustees hold harmless the
Secretary for any and all costs, liabilities, or claims
by third parties that arise out of any hazardous or
toxic substance contamination found on the property
conveyed under subsection (a) that are not directly
attributable to the installation, operation, or
maintenance of the Secretary's facilities, equipment,
fixtures, improvements, modifications, or alterations;
(2) the Secretary shall remediate, at the sole cost of the
United States, all hazardous or toxic substance contamination
on the property retained under subsection (c) that is found to
have occurred as a direct result of the installation,
operation, or maintenance of the Secretary's facilities,
equipment, fixtures, improvements, modifications, or
alterations; and
(3) if the Secretary decides to terminate future occupancy
and interest of the property retained under subsection (c), the
Secretary shall--
(A) provide written notice to the Board at least 60
days prior to the scheduled date when the property will
be vacated;
(B) remove facilities, equipment, fixtures,
improvements, modifications, or alterations and restore
the property to as good a condition as existed at the
time the property was retained under subsection (c),
taking into account ordinary wear and tear and exposure
to natural elements or phenomena; or
(C) surrender all facilities, equipment, fixtures,
improvements, modifications, or alterations to the
Board in lieu of restoration, whereupon title shall
vest in the Board of Trustees, and whereby all
obligations of restoration under this subsection shall
be waived, and all interests retained under subsection
(c) shall be revoked.
(f) Reversionary Interest.--
(1) In general.--All right, title, and interest in and to
all property and interests conveyed by the United States under
this section shall revert to the United States on the date on
which the Board uses any of the property for any purpose other
than the purposes described in subsection (b)(1).
(2) Administration of reverted property.--Any property that
reverts to the United States under this subsection shall be
under the administrative jurisdiction of the Administrator of
General Services.
(3) Annual certification.--One year after the date of a
conveyance made pursuant to subsection (a), and annually
thereafter, the Board shall certify to the Administrator of
General Services or his or her designee that the Board and its
designees are in compliance with the conditions of conveyance
under subsections (b) and (c).
(g) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Trustees
of the California State University.
(2) Center.--The term ``Center'' means the Romberg Tiburon
Center for Environmental Studies at San Francisco State
University.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
DIVISION F--NATIVE AMERICANS AND INSULAR AFFAIRS
TITLE I--PROVISIONS RELATING TO TERRITORIES OF THE UNITED STATES
Subtitle A--Guam War Claims Review Commission
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Guam War Claims Review
Commission Act''.
SEC. 6102. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Guam War Claims Review Commission'' (in this subtitle
referred to as the ``Commission'').
(b) Members.--The Commission shall be composed of five members who
by virtue of their background and experience are particularly suited to
contribute to the achievement of the purposes of the Commission. The
members shall be appointed by the Secretary of the Interior not later
than 60 days after funds are made available for this subtitle. Two of
the members shall be selected as follows:
(1) One member appointed from a list of three names
submitted by the Governor of Guam.
(2) One member appointed from a list of three names
submitted by the Guam Delegate to the United States House of
Representatives.
(c) Chairperson.--The Commission shall select a Chairman from among
its members. The term of office shall be for the life of the
Commission.
(d) Compensation.--Notwithstanding section 6103, members of the
Commission shall not be paid for their service as members, but in the
performance of their duties, shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(e) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
SEC. 6103. EMPLOYEES.
The Commission may appoint an executive director and other
employees as it may require. The executive director and other employees
of the Commission may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service. Section 3161 of title 5, United States Code, shall apply to
the executive director and other employees of the Commission.
SEC. 6104. ADMINISTRATIVE.
The Secretary of the Interior shall provide the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.
SEC. 6105. DUTIES OF COMMISSION.
The Commission shall--
(1) review the facts and circumstances surrounding the
implementation and administration of the Guam Meritorious
Claims Act and the effectiveness of such Act in addressing the
war claims of American nationals residing on Guam between
December 8, 1941, and July 21, 1944;
(2) review all relevant Federal and Guam territorial laws,
records of oral testimony previously taken, and documents in
Guam and the Archives of the Federal Government regarding
Federal payments of war claims in Guam;
(3) receive oral testimony of persons who personally
experienced the taking and occupation of Guam by Japanese
military forces, noting especially the effects of infliction of
death, personal injury, forced labor, forced march, and
internment;
(4) determine whether there was parity of war claims paid
to the residents of Guam under the Guam Meritorious Claims Act
as compared with awards made to other similarly affected United
States citizens or nationals in territory occupied by the
Imperial Japanese military forces during World War II;
(5) advise on any additional compensation that may be
necessary to compensate the people of Guam for death, personal
injury, forced labor, forced march, and internment; and
(6) not later than 9 months after the Commission is
established submit a report, including any comments or
recommendations for action, to the Secretary of the Interior,
the Committee on Resources and the Committee on the Judiciary
of the House of Representatives and the Committee on Energy and
Natural Resources and the Committee on the Judiciary of the
Senate.
SEC. 6106. POWERS OF THE COMMISSION.
(a) Authority of Chairman.--Subject to general policies that the
Commission may adopt, the Chairman of the Commission--
(1) shall exercise the executive and administrative powers
of the Commission; and
(2) may delegate such powers to the staff of the
Commission.
(b) Hearings and Sessions.--For the purpose of carrying out its
duties under section 6105, the Commission may 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.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-15 of the
General Schedule. The services of an expert or consultant may be
procured without compensation if the expert or consultant agrees to
such an arrangement, in writing, in advance.
(d) Support of Federal Agencies.--Upon request of the Commission,
the head of any Federal department or agency may provide support to the
Commission to assist it in carrying out its duties under section 6105.
SEC. 6107. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submission of its
report under section 6105(6).
SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $500,000 to carry out this
subtitle.
Subtitle B--Samoa Bonds
SEC. 6121. CLARIFICATION OF TAX TREATMENT OF BONDS AND OTHER
OBLIGATIONS ISSUED BY GOVERNMENT OF AMERICAN SAMOA.
(a) Exemption of All Bonds From Income Taxation by State and Local
Governments.--Subsection (b) of section 202 of Public Law 98-454 (48
U.S.C. 1670) is amended to read as follows:
``(b) Exemption of All Bonds From Income Taxation by State and
Local Governments.--
``(1) In general.--The interest on any bond or other
obligation issued by or on behalf of the Government of American
Samoa shall be exempt from taxation by the Government of
American Samoa and the governments of any of the several
States, the District of Columbia, any territory or possession
of the United States, and any subdivision thereof.
``(2) Exemption applicable only to income taxes.--The
exemption provided by paragraph (1) shall not apply to gift,
estate, inheritance, legacy, succession, or other wealth
transfer taxes.''.
SEC. 6122. EFFECTIVE DATE.
This subtitle shall apply to obligations issued after the date of
the enactment of this title.
Subtitle C--Grants to Territories of the United States
SEC. 6131. WAIVER OF LOCAL MATCHING REQUIREMENTS.
(a) Waiver of Certain Matching Requirements.--Section 501 of the
Act entitled ``An Act to authorize certain appropriations for the
territories of the United States, to amend certain Acts relating
thereto, and for other purposes'', approved October 15, 1977 (48 U.S.C.
1469a; 91 Stat. 1164) is amended--
(1) in the last sentence of subsection (d), by striking
``by law''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, in the case of
American Samoa, Guam, the Virgin Islands, and the Northern Mariana
Islands, each department or agency of the United States shall waive any
requirement for local matching funds (including in-kind contributions)
that the insular area would otherwise be required to provide for any
grant as follows:
``(1) For a grant requiring matching funds (including in-
kind contributions) of $500,000 or less, the entire matching
requirement shall be waived.
``(2) For a grant requiring matching funds (including in-
kind contributions) of more than $500,000, $500,000 of the
matching requirement shall be waived.''.
(b) Conforming Amendment.--Section 601 of the Act entitled ``An Act
to authorize appropriations for certain insular areas of the United
States, and for other purposes'', approved March 12, 1980 (48 U.S.C.
1469a note; 94 Stat. 90), is amended by striking ``, and adding the
following sentence'' and all that follows through ``Islands.'''.
(c) Study.--Not later than 2 years after the date of the enactment
of this title, the Secretary of the Interior shall complete and submit
to the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate the results of
a study of the implementation of the amendments made by subsection (a).
TITLE II--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION
SEC. 6201. SHORT TITLE.
This title may be cited as the ``Yankton Sioux Tribe and Santee
Sioux Tribe Equitable Compensation Act''.
SEC. 6202. FINDINGS.
Congress finds that--
(1) by enacting the Act of December 22, 1944, commonly
known as the ``Flood Control Act of 1944'' (58 Stat. 887,
chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the
Pick-Sloan Missouri River Basin program (referred to in this
section as the ``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall and Gavins
Point projects of the Pick-Sloan program have inundated the
fertile, wooded bottom lands along the Missouri River that
constituted the most productive agricultural and pastoral lands
of, and the homeland of, the members of the Yankton Sioux Tribe
and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort Randall
Dam and Reservoir) overlies the western boundary of the Yankton
Sioux Tribe Indian Reservation;
(4) the Gavins Point project (including the Gavins Point
Dam and Reservoir) overlies the eastern boundary of the Santee
Sioux Tribe;
(5) although the Fort Randall and Gavins Point projects are
major components of the Pick-Sloan program, and contribute to
the economy of the United States by generating a substantial
amount of hydropower and impounding a substantial quantity of
water, the reservations of the Yankton Sioux Tribe and the
Santee Sioux Tribe remain undeveloped;
(6) the United States Army Corps of Engineers took the
Indian lands used for the Fort Randall and Gavins Point
projects by condemnation proceedings;
(7) the Federal Government did not give the Yankton Sioux
Tribe and the Santee Sioux Tribe an opportunity to receive
compensation for direct damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream from the reservations of those Indian tribes such an
opportunity;
(8) the Yankton Sioux Tribe and the Santee Sioux Tribe did
not receive just compensation for the taking of productive
agricultural Indian lands through the condemnation referred to
in paragraph (6);
(9) the settlement agreement that the United States entered
into with the Yankton Sioux Tribe and the Santee Sioux Tribe to
provide compensation for the taking by condemnation referred to
in paragraph (6) did not take into account the increase in
property values over the years between the date of taking and
the date of settlement; and
(10) in addition to the financial compensation provided
under the settlement agreements referred to in paragraph (9)--
(A) the Yankton Sioux Tribe should receive an
aggregate amount equal to $23,023,743 for the loss
value of 2,851.40 acres of Indian land taken for the
Fort Randall Dam and Reservoir of the Pick-Sloan
program; and
(B) the Santee Sioux Tribe should receive an
aggregate amount equal to $4,789,010 for the loss value
of 593.10 acres of Indian land located near the Santee
village.
SEC. 6203. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe''
means the Yankton Sioux Tribe of South Dakota.
SEC. 6204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Yankton Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $23,023,743; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date
of enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary of Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into
the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount
of interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without fiscal year limitation.
(2) Payments to yankton sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Yankton
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Yankton Sioux Tribe has adopted a tribal plan
under section 6206.
(C) Use of payments by yankton sioux tribe.--The
Yankton Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
6206.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 6205. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Santee Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $4,789,010; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date
of enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary of Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into
the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount
of interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without fiscal year limitation.
(2) Payments to santee sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Santee
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Santee Sioux Tribe has adopted a tribal plan
under section 6206.
(C) Use of payments by santee sioux tribe.--The
Santee Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
6206.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 6206. TRIBAL PLANS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the tribal council of each of the Yankton Sioux
and Santee Sioux Tribes shall prepare a plan for the use of the
payments to the tribe under section 6204(d) or 6205(d) (referred to in
this subsection as a ``tribal plan'').
(b) Contents of Tribal Plan.--Each tribal plan shall provide for
the manner in which the tribe covered under the tribal plan shall
expend payments to the tribe under section 6204(d) or 6205(d) to
promote--
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and social
welfare objectives of the tribe and its members; or
(4) any combination of the activities described in
paragraphs (1), (2), and (3).
(c) Tribal Plan Review and Revision.--
(1) In general.--Each tribal council referred to in
subsection (a) shall make available for review and comment by
the members of the tribe a copy of the tribal plan for the
Indian tribe before the tribal plan becomes final, in
accordance with procedures established by the tribal council.
(2) Updating of tribal plan.--Each tribal council referred
to in subsection (a) may, on an annual basis, revise the tribal
plan prepared by that tribal council to update the tribal plan.
In revising the tribal plan under this paragraph, the tribal
council shall provide the members of the tribe opportunity to
review and comment on any proposed revision to the tribal plan.
(3) Consultation.--In preparing the tribal plan and any
revisions to update the plan, each tribal council shall consult
with the Secretary of the Interior and the Secretary of Health
and Human Services.
(4) Annual reports.--Each tribe shall submit an annual
report to the Secretary describing any expenditures of funds
withdrawn by that tribe under this title.
(d) Prohibition on Per Capita Payments.--No portion of any payment
made under this title may be distributed to any member of the Yankton
Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita
basis.
SEC. 6207. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
(a) In General.--No payment made to the Yankton Sioux Tribe or
Santee Sioux Tribe pursuant to this title shall result in the reduction
or denial of any service or program to which, pursuant to Federal law--
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is
otherwise entitled because of the status of the tribe as a
federally recognized Indian tribe; or
(2) any individual who is a member of a tribe under
paragraph (1) is entitled because of the status of the
individual as a member of the tribe.
(b) Exemptions From Taxation.--No payment made pursuant to this
title shall be subject to any Federal or State income tax.
(c) Power Rates.--No payment made pursuant to this title shall
affect Pick-Sloan Missouri River Basin power rates.
SEC. 6208. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as diminishing or affecting
any water right of an Indian tribe, except as specifically provided in
another provision of this title, any treaty right that is in effect on
the date of enactment of this Act, or any authority of the Secretary of
the Interior or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 6209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title, including such sums as may be necessary for
the administration of the Yankton Sioux Tribe Development Trust Fund
under section 6204 and the Santee Sioux Tribe Development Trust Fund
under section 6205.
SEC. 6210. EXTINGUISHMENT OF CLAIMS.
Upon the deposit of funds under sections 6204(b) and 6205(b), all
monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe
of Nebraska has or may have against the United States for loss of value
or use of land related to lands described in section 6202(a)(10)
resulting from the Fort Randall and Gavins Point projects of the Pick-
Sloan Missouri River Basin program shall be extinguished.
TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM
SEC. 6301. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) In order to promote better understanding between Indian
and non-Indian citizens of the United States, and in light of
the Federal Government's continuing trust responsibilities to
Indian tribes, it is appropriate, desirable, and a proper
function of the Federal Government to provide grants for the
development of a museum designated to display the heritage and
culture of Indian tribes.
(2) In recognition of the unique status and history of
Indian tribes in the State of Oklahoma and the role of the
Federal Government in such history, it is appropriate and
proper for the museum referred to in paragraph (1) to be
located in the State of Oklahoma.
(b) Grant.--
(1) In general.--The Secretary shall offer to award
financial assistance equaling not more than $33,000,000 and
technical assistance to the Authority to be used for the
development and construction of a Native American Cultural
Center and Museum in Oklahoma City, Oklahoma.
(2) Agreement.--To be eligible to receive a grant under
paragraph (1), the appropriate official of the Authority
shall--
(A) enter into a grant agreement with the Secretary
which shall specify the duties of the Authority under
this section, including provisions for continual
maintenance of the Center by the Authority without the
use of Federal funds; and
(B) demonstrate, to the satisfaction of the
Secretary, that the Authority has raised, or has
commitments from private persons or State or local
government agencies for, an amount that is equal to not
less than 66 percent of the cost to the Authority of
the activities to be carried out under the grant.
(3) Limitation.--The amount of any grant awarded under
paragraph (1) shall not exceed 33 percent of the cost of the
activities to be funded under the grant.
(4) In-kind contribution.--When calculating the cost share
of the Authority under this title, the Secretary shall reduce
such cost share obligation by the fair market value of the
approximately 300 acres of land donated by Oklahoma City for
the Center, if such land is used for the Center.
(c) Definitions.--For the purposes of this title:
(1) Authority.--The term ``Authority'' means the Native
American Cultural and Educational Authority of Oklahoma, and
agency of the State of Oklahoma.
(2) Center.--The term ``Center'' means the Native American
Cultural Center and Museum authorized pursuant to this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to grant assistance under subsection
(b)(1), $8,250,000 for each of fiscal years 2003 through 2006.
TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA
SEC. 6401. TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.
To the extent the Southwestern Power Administration makes
transmission capacity available without replacing the present capacity
of existing users of the Administration's transmission system, the
Administrator of the Southwestern Power Administration shall take such
actions as may be necessary, in accordance with all applicable Federal
law, to make the transmission services of the Administration available
for the transmission of electric power generated at facilities located
on land within the jurisdictional area of any Oklahoma Indian tribe (as
determined by the Secretary of the Interior) recognized by the
Secretary as eligible for trust land status under 25 CFR Part 151. The
owner or operator of the generation facilities concerned shall
reimburse the Administrator for all costs of such actions in accordance
with standards applicable to payment of such costs by other users of
the Southwestern Power Administration transmission system.
TITLE V--RUSSIAN RIVER LANDS
SEC. 6501. SHORT TITLE.
This title may be cited as the ``Russian River Land Act''.
SEC. 6502. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Certain lands adjacent to the Russian River in the area
of its confluence with the Kenai River contain abundant
archaeological resources of significance to the Native people
of the Cook Inlet Region, the Kenaitze Indian Tribe, and the
citizens of the United States.
(2) Those lands at the confluence of the Russian River and
Kenai River contain abundant fisheries resources of great
significance to the citizens of Alaska.
(3) Cook Inlet Region, Inc., an Alaska Native Regional
Corporation formed under the provisions of the Alaska Native
Claims Settlement Act of 1971 (43 U.S.C. 1601 et. seq.)
(hereinafter in this title referred to as ``ANCSA''), has
selected lands in the area pursuant to section 14(h)(1) of such
Act (43 U.S.C. 1613(h)(1)), for their values as historic and
cemetery sites.
(4) The United States Bureau of Land Management, the
Federal agency responsible for the adjudication of ANCSA
selections has not finished adjudicating Cook Inlet Region,
Inc.'s selections under section 14(h)(1) of that Act as of the
date of the enactment of this title.
(5) The Bureau of Indian Affairs has certified a portion of
Cook Inlet Region, Inc.'s selections under section 14(h)(1) of
ANCSA as containing prehistoric and historic cultural
artifacts, and meeting the requirements of section 14(h)(1) of
that Act.
(6) A portion of the selections under section 14(h)(1) of
ANCSA made by Cook Inlet Region, Inc., and certified by the
Bureau of Indian Affairs lies within the Chugach National
Forest over which the United States Forest Service is the
agency currently responsible for the administration of public
activities, archaeological features, and natural resources.
(7) A portion of the selections under section 14(h)(1) of
ANCSA and the lands certified by the Bureau of Indian Affairs
lies within the Kenai National Wildlife Refuge over which the
United States Fish and Wildlife Service is the land managing
agency currently responsible for the administration of public
activities, archaeological features, and natural resources.
(8) The area addressed by this title lies within the
Sqilantnu Archaeological District which was determined eligible
for the National Register of Historic Places on December 31,
1981.
(9) Both the Forest Service and the Fish and Wildlife
Service dispute the validity and timeliness of Cook Inlet
Region, Inc.'s selections under section 14(h)(1) of ANCSA.
(10) The Forest Service, Fish and Wildlife Service, and
Cook Inlet Region, Inc., determined that it was in the interest
of the United States and Cook Inlet Region, Inc., to--
(A) protect and preserve the outstanding historic,
cultural, and natural resources of the area;
(B) resolve their disputes concerning the validity
of Cook Inlet Region, Inc.'s selections under section
14(h)(1) of ANCSA without litigation; and
(C) provide for the management of public use of the
area and protection of the cultural resources within
the Sqilantnu Archaeological District, particularly the
management of the area at the confluence of the Russian
and Kenai Rivers.
(11) Legislation is required to enact the resolution
reached by the Forest Service, the Fish and Wildlife Service,
and Cook Inlet Region, Inc.
(b) Purpose.--It is the purpose of this title to ratify an
agreement between the Department of Agriculture, the Department of the
Interior, and Cook Inlet Region, Inc.
SEC. 6503. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST
SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND
COOK INLET REGION, INC.
(a) Ratification of Agreement.--
(1) In general.--The terms, conditions, covenants, and
procedures set forth in the document entitled ``Russian River
Section 14(h)(1) Selection Agreement'', which was executed by
Cook Inlet Region, Inc., the United States Department of
Agriculture, and the United States Department of the Interior
on July 26, 2001, (hereinafter in this title referred to as the
``Agreement''), are hereby incorporated in this section, and
are ratified, as to the duties and obligations of the United
States and the Cook Inlet Region, Inc., as a matter of Federal
law.
(2) Section 5.--The ratification of section 5 of the
Agreement is subject to the following conditions:
(A) The Fish and Wildlife Service shall consult
with interested parties when developing an exchange
under section 5 of the Agreement.
(B) The Secretary of the Interior shall submit to
the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a copy of the agreement
implementing any exchange under section 5 of the
Agreement not less than 30 days before the exchange
becomes effective.
(3) Agreement controls.--In the event any of the terms of
the Agreement conflict with any other provision of law, the
terms of the Agreement shall be controlling.
(b) Authorization of Actions.--The Secretaries of Agriculture and
the Interior are authorized to take all actions required under the
terms of the Agreement.
SEC. 6504. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated to the
Department of Agriculture, Office of State and Private Forestry,
$13,800,000, to remain available until expended, for Cook Inlet Region,
Inc., for the following:
(1) Costs for the planning and design of the Joint
Visitor's Interpretive Center.
(2) Planning and design of the Sqilantnu Archaeological
Research Center.
(3) Construction of these facilities to be established in
accordance with and for the purposes set forth in the
Agreement.
(b) Limitation on Use of Funds.--Of the amount appropriated under
this section, not more than 1 percent may be used to reimburse the
Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian
Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in
the planning and design of the Joint Visitor's Interpretive Center and
the Sqilantnu Archaeological Research Center.
TITLE VI--PECHANGA TRIBE
SEC. 6601. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS.
(a) Limitation on Conveyance.--Land described in subsection (b) (or
any interest in that land) shall not be voluntarily or involuntarily
transferred or otherwise made available for condemnation until the date
on which--
(1)(A) the Secretary of the Interior renders a final
decision on the fee to trust application pending on the date of
the enactment of this title concerning the land; and
(B) final decisions have been rendered regarding all
appeals relating to that application decision; or
(2) the fee to trust application described in paragraph
(1)(A) is withdrawn.
(b) Description of Land.--The land referred to in subsection (a) is
land located in Riverside County, California, that is held in fee by
the Pechanga Band of Luiseno Mission Indians, as described in Document
No. 211130 of the Office of the Recorder, Riverside County, California,
and recorded on May 15, 2001.
(c) Rule of Construction.--Nothing in this section designates, or
shall be used to construe, any land described in subsection (b) (or any
interest in that land) as an Indian reservation, Indian country, Indian
land, or reservation land (as those terms are defined under any Federal
law (including a regulation)) for any purpose under any Federal law.
TITLE VII--CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT
ACT
SEC. 6701. SHORT TITLE.
This title may be cited as the ``Cherokee, Choctaw, and Chickasaw
Nations Claims Settlement Act''.
SEC. 6702. FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to
encourage the resolution of disputes over historical claims
through mutually agreed-to settlements between Indian Nations
and the United States.
(2) There are pending before the United States Court of
Federal Claims certain lawsuits against the United States
brought by the Cherokee, Choctaw, and Chickasaw Nations seeking
monetary damages for the alleged use and mismanagement of
tribal resources along the Arkansas River in eastern Oklahoma.
(3) The Cherokee Nation, a federally recognized Indian
tribe with its present tribal headquarters south of Tahlequah,
Oklahoma, having adopted its most recent constitution on June
26, 1976, and having entered into various treaties with the
United States, including but not limited to the Treaty at
Hopewell, executed on November 28, 1785 (7 Stat. 18), and the
Treaty at Washington, D.C., executed on July 19, 1866 (14 Stat.
799), has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union.
(4) The Choctaw Nation, a federally recognized Indian tribe
with its present tribal headquarters in Durant, Oklahoma,
having adopted its most recent constitution on July 9, 1983,
and having entered into various treaties with the United States
of America, including but not limited to the Treaty at
Hopewell, executed on January 3, 1786 (7 Stat. 21), and the
Treaty at Washington, D.C., executed on April 28, 1866 (7 Stat.
21), has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union.
(5) The Chickasaw Nation, a federally recognized Indian
tribe with its present tribal headquarters in Ada, Oklahoma,
having adopted its most recent constitution on August 27, 1983,
and having entered into various treaties with the United States
of America, including but not limited to the Treaty at
Hopewell, executed on January 10, 1786 (7 Stat. 24), and the
Treaty at Washington, D.C., executed on April 28, 1866 (7 Stat.
21), has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union.
(6) In the first half of the 19th century, the Cherokee,
Choctaw, and Chickasaw Nations were forcibly removed from their
homelands in the southeastern United States to lands west of
the Mississippi in the Indian Territory that were ceded to them
by the United States. From the ``Three Forks'' area near
present day Muskogee, Oklahoma, downstream to the point of
confluence with the Canadian River, the Arkansas River flowed
entirely within the territory of the Cherokee Nation. From that
point of confluence downstream to the Arkansas territorial
line, the Arkansas River formed the boundary between the
Cherokee Nation on the left side of the thread of the river and
the Choctaw and Chickasaw Nations on the right.
(7) Pursuant to the Act of April 30, 1906 (34 Stat. 137),
tribal property not allotted to individuals or otherwise
disposed of, including the bed and banks of the Arkansas River,
passed to the United States in trust for the use and benefit of
the respective Indian Nations in accordance with their
respective interests therein.
(8) For more than 60 years after Oklahoma statehood, the
Bureau of Indian Affairs believed that Oklahoma owned the
Riverbed from the Arkansas State line to Three Forks, and
therefore took no action to protect the Indian Nations'
Riverbed resources such as oil, gas, and Drybed Lands suitable
for grazing and agriculture.
(9) Third parties with property near the Arkansas River
began to occupy the 3 Indian Nations' Drybed Lands--lands that
were under water at the time of statehood but that are now dry
due to changes in the course of the river.
(10) In 1966, the 3 Indian Nations sued the State of
Oklahoma to recover their lands. In 1970, the Supreme Court of
the United States decided in the case of Choctaw Nation vs.
Oklahoma (396 U.S. 620), that the Indian Nations retained title
to their respective portions of the Riverbed along the
navigable reach of the river.
(11) In 1987, the Supreme Court of the United States in the
case of United States vs. Cherokee Nation (480 U.S. 700)
decided that the riverbed lands did not gain an exemption from
the Federal Government's navigational servitude and that the
Cherokee Nation had no right to compensation for damage to its
interest by exercise of the Government's servitude.
(12) In 1989, the Indian Nations filed lawsuits against the
United States in the United States Court of Federal Claims
(Case Nos. 218-89L and 630-89L), seeking damages for the United
States' use and mismanagement of tribal trust resources along
the Arkansas River. Those actions are still pending.
(13) In 1997, the United States filed quiet title
litigation against individuals occupying some of the Indian
Nations' Drybed Lands. That action, filed in the United States
District Court for the Eastern District of Oklahoma, was
dismissed without prejudice on technical grounds.
(14) Much of the Indian Nations' Drybed Lands have been
occupied by a large number of adjacent landowners in Oklahoma.
Without Federal legislation, further litigation against
thousands of such landowners would be likely and any final
resolution of disputes would take many years and entail great
expense to the United States, the Indian Nations, and the
individuals and entities occupying the Drybed Lands and would
seriously impair long-term economic planning and development
for all parties.
(15) The Councils of the Cherokee and Choctaw Nations and
the Legislature of the Chickasaw Nation have each enacted
tribal resolutions which would, contingent upon the passage of
this title and the satisfaction of its terms and in exchange
for the moneys appropriated hereunder--
(A) settle and forever release their respective
claims against the United States asserted by them in
United States Court of Federal Claims Case Nos. 218-89L
and 630-89L; and
(B) forever disclaim any and all right, title, and
interest in and to the Disclaimed Drybed Lands, as set
forth in those enactments of the respective councils of
the Indian Nations.
(16) The resolutions adopted by the respective Councils of
the Cherokee, Choctaw, and Chickasaw Nations each provide that,
contingent upon the passage of the settlement legislation and
satisfaction of its terms, each Indian Nation agrees to
dismiss, release, and forever discharge its claims asserted
against the United States in the United State Court of Federal
Claims, Case Nos. 218-89L and 630-89L, and to forever disclaim
any right, title, or interest of the Indian Nation in the
Disclaimed Drybed Lands, in exchange for the funds appropriated
and allocated to the Indian Nation under the provisions of the
settlement legislation, which funds the Indian Nation agrees to
accept in full satisfaction and settlement of all claims
against the United States for the damages sought in the
aforementioned claims asserted in the United States Court of
Federal Claims, and as full and fair compensation for
disclaiming its right, title, and interest in the Disclaimed
Drybed Lands.
(17) In those resolutions, each Indian Nation expressly
reserved all of its beneficial interest and title to all other
Riverbed lands, including minerals, as determined by the
Supreme Court in Choctaw Nation v. Oklahoma, 397 U.S. 620
(1970), and further reserved any and all right, title, or
interest that each Nation may have in an to the water flowing
in the Arkansas River and its tributaries.
SEC. 6703. PURPOSES.
The purposes of this title are to resolve all claims that have been
or could have been brought by the Cherokee, Choctaw, and Chickasaw
Nations against the United States, and to confirm that the 3 Indian
Nations are forever disclaiming any right, title, or interest in the
Disclaimed Drybed Lands, which are contiguous to the channel of the
Arkansas River as of the date of the enactment of this title in certain
townships in eastern Oklahoma.
SEC. 6704. DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) Disclaimed drybed lands.--The term ``Disclaimed Drybed
Lands'' means all Drybed Lands along the Arkansas River that
are located in Township 10 North in Range 24 East, Townships 9
and 10 North in Range 25 East, Township 10 North in Range 26
East, and Townships 10 and 11 North in Range 27 East, in the
State Oklahoma.
(2) Drybed lands.--The term ``Drybed Lands'' means those
lands which, on the date of enactment of this title, lie above
and contiguous to the mean high water mark of the Arkansas
River in the State of Oklahoma. The term ``Drybed Lands'' is
intended to have the same meaning as the term ``Upland Claim
Area'' as used by the Bureau of Land Management Cadastral
Survey Geographic Team in its preliminary survey of the
Arkansas River. The term ``Drybed Lands'' includes any lands so
identified in the ``Holway study.''
(3) Indian nation; indian nations.--The term ``Indian
Nation'' means the Cherokee Nation, Choctaw Nation, or
Chickasaw Nation, and the term ``Indian Nations'' means all 3
tribes collectively.
(4) Riverbed.--The term ``Riverbed'' means the Drybed Lands
and the Wetbed Lands and includes all minerals therein.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Wetbed lands.--The term ``Wetbed Lands'' means those
Riverbed lands which lie below the mean high water mark of the
Arkansas River in the State of Oklahoma as of the date of the
enactment of this title, exclusive of the Drybed Lands. The
term Wetbed Land is intended to have the same meaning as the
term ``Present Channel Claim Areas'' as utilized by the Bureau
of Land Management Cadastral Survey Geographic Team in its
preliminary survey of the Arkansas River.
SEC. 6705. SETTLEMENT AND CLAIMS; APPROPRIATIONS; ALLOCATION OF FUNDS.
(a) Extinguishment of Claims.--Pursuant to their respective tribal
resolutions, and in exchange for the benefits conferred under this
title, the Indian Nations shall, on the date of enactment of this
title, enter into a consent decree with the United States that waives,
releases, and dismisses all the claims they have asserted or could have
asserted in their cases numbered 218-89L and 630-89L pending in the
United States Court of Federal Claims against the United States,
including but not limited to claims arising out of any and all of the
Indian Nations' interests in the Disclaimed Drybed Lands and arising
out of construction, maintenance and operation of the McClellan-Kerr
Navigation Way. The Indian Nations and the United States shall lodge
the consent decree with the Court of Federal Claims within 30 days of
the enactment of this title, and shall move for entry of the consent
decree at such time as all appropriations by Congress pursuant to the
authority of this title have been made and deposited into the
appropriate tribal trust fund account of the Indian Nations as
described in section 6706. Upon entry of the consent decree, all the
Indian Nations' claims and all their past, present, and future right,
title, and interest to the Disclaimed Drybed Lands, shall be deemed
extinguished. No claims may be asserted in the future against the
United States pursuant to sections 1491, 1346(a)(2), or 1505 of title
28, United States Code, for actions taken or failed to have been taken
by the United States for events occurring prior to the date of the
extinguishment of claims with respect to the Riverbed.
(b) Release of Tribal Claims to Certain Drybed Lands.--
(1) In general.--Upon the deposit of all funds authorized
for appropriation under subsection (c) for an Indian Nation
into the appropriate trust fund account described in section
6706--
(A) all claims now existing or which may arise in
the future with respect to the Disclaimed Drybed lands
and all right, title, and interest that the Indian
Nations and the United States as trustee on behalf of
the Indian Nation may have to the Disclaimed Drybed
Lands, shall be deemed extinguished;
(B) any interest of the Indian Nations or the
United States as trustee on their behalf in the
Disclaimed Drybed Lands shall further be extinguished
pursuant to the Trade and Intercourse Act of 1790, Act
of July 22, 1790 (ch. 33, 1 Stat. 137), and all
subsequent amendments thereto (as codified at 25 U.S.C.
177);
(C) to the extent parties other than the Indian
Nations have transferred interests in the Disclaimed
Drybed Lands in violation of the Trade and Intercourse
Act, Congress does hereby approve and ratify such
transfers of interests in the Disclaimed Drybed Lands
to the extent that such transfers otherwise are valid
under law; and
(D) the Secretary is authorized to execute an
appropriate document citing this title, suitable for
filing with the county clerks, or such other county
official as appropriate, of those counties wherein the
foregoing described lands are located, disclaiming any
tribal or Federal interest on behalf of the Indian
Nations in such Disclaimed Drybed Lands. The Secretary
is authorized to file with the counties a plat or map
of the disclaimed lands should the Secretary determine
that such filing will clarify the extent of lands
disclaimed. Such a plat or map may be filed regardless
of whether the map or plat has been previously approved
for filing, whether or not the map or plat has been
filed, and regardless of whether the map or plat
constitutes a final determination by the Secretary of
the extent of the Indian Nations' original claim to the
Disclaimed Drybed Lands. The disclaimer filed by the
United States shall constitute a disclaimer of the
Disclaimed Drybed Lands for purposes of the Trade and
Intercourse Act (25 U.S.C. 177).
(2) Special provisions.--Notwithstanding any provision of
this title--
(A) the Indian Nations do not relinquish any right,
title, or interest in any lands which constitute the
Wetbed Lands subject to the navigational servitude
exercised by the United States on the Wetbed Lands. By
virtue of the exercise of the navigational servitude,
the United States shall not be liable to the Indian
Nations for any loss they may have related to the
minerals in the Wetbed Lands;
(B) no provision of this title shall be construed
to extinguish or convey any water rights of the Indian
Nations in the Arkansas River or any other stream or
the beneficial interests or title of any of the Indian
Nations in and to lands held in trust by the United
States on the date of enactment of this title which lie
above or below the mean high water mark of the Arkansas
River, except for the Disclaimed Drybed Lands; and
(C) the Indian Nations do not relinquish any right,
title, or interest in any lands or minerals of certain
unallotted tracts which are identified in the official
records of the Eastern Oklahoma Regional Office, Bureau
of Indian Affairs. The disclaimer to be filed by the
Secretary of the Interior under section 6705(b)(1) of
this title shall reflect the legal description of the
unallotted tracts retained by the Nations.
(3) Setoff.--In the event the Court of Federal Claims does
not enter the consent decree as set forth in subsection (a),
the United States shall be entitled to setoff against any
claims of the Indian Nations as set forth in subsection (a),
any funds transferred to the Indian Nations pursuant to section
6706, and any interest accrued thereon up to the date of
setoff.
(4) Quiet title actions.--Notwithstanding any other
provision of law, neither the United States nor any department
of the United States nor the Indian Nations shall be made
parties to any quiet title lawsuit or other lawsuit to
determine ownership of or an interest in the Disclaimed Drybed
Lands initiated by any private person or private entity after
execution of the disclaimer set out in section 6705(b)(1). The
United States will have no obligation to undertake any future
quiet title actions or actions for the recovery of lands or
funds relating to any Drybed Lands retained by the Indian
Nation or Indian Nations under this title, including any lands
which are Wetbed Lands on the date of enactment of this title,
but which subsequently lie above the mean high water mark of
the Arkansas River and the failure or declination to initiate
any quiet title action or to manage any such Drybed Lands shall
not constitute a breach of trust by the United States or be
compensable to the Indian Nation or Indian Nations in any
manner.
(5) Land to be conveyed in fee.--To the extent that the
United States determines that it is able to effectively
maintain the McClellan-Kerr Navigation Way without retaining
title to lands above the high water mark of the Arkansas River
as of the date of enactment of this title, said lands, after
being declared surplus, shall be conveyed in fee to the Indian
Nation within whose boundary the land is located. The United
States shall not be obligated to accept such property in trust.
(c) Authorization for Settlement Appropriations.--There is
authorized to be appropriated an aggregate sum of $40,000,000 as
follows:
(1) $10,000,000 for fiscal year 2004.
(2) $10,000,000 for fiscal year 2005.
(3) $10,000,000 for fiscal year 2006.
(4) $10,000,000 for fiscal year 2007.
(d) Allocation and Deposit of Funds.--After payment pursuant to
section 6707, the remaining funds authorized for appropriation under
subsection (c) shall be allocated among the Indian Nations as follows:
(1) 50 percent to be deposited into the trust fund account
established under section 6706 for the Cherokee Nation.
(2) 37.5 percent to be deposited into the trust fund
account established under section 6706 for the Choctaw Nation.
(3) 12.5 percent to be deposited into the trust fund
account established under section 6706 for the Chickasaw
Nation.
SEC. 6706. TRIBAL TRUST FUNDS.
(a) Establishment, Purpose, and Management of Trust Funds.--
(1) Establishment.--There are hereby established in the
United States Treasury 3 separate tribal trust fund accounts
for the benefit of each of the Indian Nations, respectively,
for the purpose of receiving all appropriations made pursuant
to section 6705(c), and allocated pursuant to section 6705(d).
(2) Availability of amounts in trust fund accounts.--
Amounts in the tribal trust fund accounts established by this
section shall be available to the Secretary for management and
investment on behalf of the Indian Nations and distribution to
the Indian Nations in accordance with this title. Funds made
available from the tribal trust funds under this section shall
be available without fiscal year limitation.
(b) Management of Funds.--
(1) Land acquisition.--
(A) Trust land status pursuant to regulations.--The
funds appropriated and allocated to the Indian Nations
pursuant to sections 6205(c) and (d), and deposited
into trust fund accounts pursuant to section 6706(a),
together with any interest earned thereon, may be used
for the acquisition of land by the 3 Indian Nations.
The Secretary may accept such lands into trust for the
beneficiary Indian Nation pursuant to the authority
provided in section 5 of the Act of June 18, 1934 (25
U.S.C. 465) and in accordance with the Secretary's
trust land acquisition regulations at part 151 of title
25, Code of Federal Regulations, in effect at the time
of the acquisition, except for those acquisitions
covered by paragraph (1)(B).
(B) Required trust land status.--Any such trust
land acquisitions on behalf of the Cherokee Nation
shall be mandatory if the land proposed to be acquired
is located within Township 12 North, Range 21 East, in
Sequoyah County, Township 11 North, Range 18 East, in
McIntosh County, Townships 11 and 12 North, Range 19
East, or Township 12 North, Range 20 East, in Muskogee
County, Oklahoma, and not within the limits of any
incorporated municipality as of January 1, 2002, if--
(i) the land proposed to be acquired meets
the Department of the Interior's minimum
environmental standards and requirements for
real estate acquisitions set forth in 602 DM
2.6, or any similar successor standards or
requirements for real estate acquisitions in
effect on the date of acquisition; and
(ii) the title to such land meets
applicable Federal title standards in effect on
the date of the acquisition.
(C) Other expenditure of funds.--The Indian Nations
may elect to expend all or a portion of the funds
deposited into its trust account for any other purposes
authorized under paragraph (2).
(2) Investment of trust funds; no per capita payment.--
(A) No per capita payments.--No money received by
the Indian Nations hereunder may be used for any per
capita payment.
(B) Investment by secretary.--Except as provided in
this section and section 6707, the principal of such
funds deposited into the accounts established hereunder
and any interest earned thereon shall be invested by
the Secretary in accordance with current laws and
regulations for the investing of tribal trust funds.
(C) Use of principal funds.--The principal amounts
of said funds and any amounts earned thereon shall be
made available to the Indian Nation for which the
account was established for expenditure for purposes
which may include construction or repair of health care
facilities, law enforcement, cultural or other
educational activities, economic development, social
services, and land acquisition. Land acquisition using
such funds shall be subject to the provisions of
subsections (b) and (d).
(3) Disbursement of funds.--The Secretary shall disburse
the funds from a trust account established under this section
pursuant to a budget adopted by the Council or Legislature of
the Indian Nation setting forth the amount and an intended use
of such funds.
(4) Additional restriction on use of funds.--None of the
funds made available under this title may be allocated or
otherwise assigned to authorized purposes of the Arkansas River
Multipurpose Project as authorized by the River and Harbor Act
of 1946, as amended by the Flood Control Act of 1948 and the
Flood Control Act of 1950.
SEC. 6707. ATTORNEY FEES.
(a) Payment.--At the time the funds are paid to the Indian Nations,
from funds authorized to be appropriated pursuant to section 6705(c),
the Secretary shall pay to the Indian Nations' attorneys those fees
provided for in the individual tribal attorney fee contracts as
approved by the respective Indian Nations.
(b) Limitations.--Notwithstanding subsection (a), the total fees
payable to attorneys under such contracts with an Indian Nation shall
not exceed 10 percent of that Indian Nation's allocation of funds
appropriated under section 6705(c).
TITLE VIII--SEMINOLE TRIBE
SEC. 6801. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND TRANSACTIONS.
(a) Transactions.--The Seminole Tribe of Florida may mortgage,
lease, sell, convey, warrant, or otherwise transfer all or any part of
any interest in any real property that--
(1) was held by the Tribe on September 1, 2002; and
(2) is not held in trust by the United States for the
benefit of the Tribe.
(b) No Further Approval Required.--Transactions under subsection
(a) shall be valid without further approval, ratification, or
authorization by the United States.
(c) Trust Land Not Affected.--Nothing in this section is intended
or shall be construed to--
(1) authorize the Seminole Tribe of Florida to mortgage,
lease, sell, convey, warrant, or otherwise transfer all or any
part of an interest in any real property that is held in trust
by the United States for the benefit of the Tribe; or
(2) affect the operation of any law governing mortgaging,
leasing, selling, conveying, warranting, or otherwise
transferring any interest in such trust land.
TITLE IX--PROVISIONS RELATING TO LEASING OF INDIAN LANDS
SEC. 6901. YUROK TRIBE AND HOPLAND BAND INCLUDED IN LONG TERM LEASING.
(a) In General.--The first section of the Act entitled ``An Act to
authorize the leasing of restricted Indian lands for public, religious,
educational, recreational, residential, business, and other purposes
requiring the grant of long-term leases'', approved August 9, 1955 (25
U.S.C. 415(a)) is amended by inserting ``lands held in trust for the
Yurok Tribe, lands held in trust for the Hopland Band of Pomo Indians
of the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any lease entered into or renewed after the date of the
enactment of this title.Strike all after the enacting clause and insert
the following:
SEC. 6902. RESTRICTION ON RELINQUISHMENT OF LEASE.
Prior to January 1, 2005, the Secretary of the Interior shall not
approve the relinquishment of any lease entered into for the
establishment of a health care facility for the members of 7 Indian
tribes or bands in San Diego County, California, unless the Secretary
has determined that the relinquishment of such lease has been approved,
by tribal resolution, by each of the 7 Indian tribes or bands.
TITLE X--HAWAIIAN HOMES COMMISSION
SEC. 6905. CONSENT TO AMENDMENTS.
As required by section 4 of the Act entitled ``An Act to provide
for the admission of the State of Hawaii into the Union'', approved
March 18, 1959 (73 Stat. 4), the United States hereby consents to the
following amendments to the Hawaiian Homes Commission Act, 1920,
adopted by the State of Hawaii in the manner required for State
legislation: Act 302 of the Session Laws of Hawaii, 2001.
DIVISION G--MISCELLANEOUS
TITLE I--FULL PILT FUNDING
SEC. 7101. SHORT TITLE.
This title may be cited as the ``PILT and Refuge Revenue Sharing
Permanent Funding Act''.
SEC. 7102. PERMANENT FUNDING FOR PILT AND REFUGE REVENUE SHARING.
(a) Payments in Lieu of Taxes.--Section 6906 of title 31, United
States Code, is amended to read as follows:
``Sec. 6901. Authorization of appropriations
``There is authorized to be appropriated such sums as may be
necessary to the Secretary of the Interior to carry out this chapter.
Beginning in fiscal year 2002 and each fiscal year thereafter, amounts
authorized under this chapter shall be made available to the Secretary
of the Interior, out of any other funds in the Treasury not otherwise
appropriated and without further appropriation, for obligation or
expenditure in accordance with this chapter.''.
(b) Refuge Revenue Sharing.--Section 401(d) of the Act of June 15,
1935 (16 U.S.C. 715s(d)), relating to refuge revenue sharing, is
amended by adding at the end the following: ``Beginning in fiscal year
2002 and each fiscal year thereafter, such amount shall be made
available to the Secretary, out of any other funds in the Treasury not
otherwise appropriated and without further appropriation, for
obligation or expenditure in accordance with this section.''.
TITLE II--HARMFUL INVASIVE WEED CONTROL
SEC. 7201. SHORT TITLE.
This title may be cited as the ``Harmful Invasive Weed Control Act
of 2002''.
SEC. 7202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There exists no dedicated, coordinated Federal effort
to address, control, or eradicate harmful, invasive weeds.
(2) Public and private land in the United States faces
unprecedented and severe stress from harmful, invasive weeds.
(3) The economic and resource value of the land is being
destroyed as harmful invasive weeds overtake native vegetation,
making the land unusable for forage and for diverse plant and
animal communities.
(4) Damage caused by harmful invasive weeds has been
estimated to run in the hundreds of millions of dollars
annually.
(5) Successfully fighting this scourge will require
coordinated action by all affected stakeholders, which may
include Federal, State, and local governments, private
landowners, and nongovernmental organizations.
(6) The fight must begin at the local level, since it is at
the local level that persons feel the loss caused by harmful
invasive weeds and will therefore have the greatest motivation
to take effective action.
(7) To date, effective action has been hampered by
inadequate funding at all levels of government and by
inadequate coordination.
(b) Purposes.--The purposes of this title are the following:
(1) To direct the Secretary to coordinate with the Federal
Interagency Committee for the Management of Noxious and Exotic
Weeds to develop a dedicated program to combat harmful,
invasive weeds.
(2) To provide assistance to eligible weed management
entities in carrying out projects to control or eradicate
harmful, invasive weeds on public and private land.
(3) To coordinate projects with existing weed management
entities, areas, districts, and ongoing partnerships.
(4) In locations in which no weed management entity, area,
or district exists, to stimulate the formation of additional
local or regional cooperative weed management entities, such as
entities for weed management areas or districts, that organize
locally affected stakeholders to control or eradicate weeds.
(5) To leverage additional funds from a variety of public
and private sources to control or eradicate weeds through local
stakeholders.
(6) To promote healthy, diverse, and desirable plant
communities by abating through a variety of measures the threat
posed by harmful, invasive weeds.
SEC. 7203. DEFINITIONS.
In this title:
(1) Committee.--The term ``Committee'' means the Federal
Interagency Committee for the Management of Noxious and Exotic
Weeds established through a memorandum of agreement entered
into in August 1994 to implement the requirements of section 15
of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2814).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Local stakeholder.--
(A) In general.--The term ``local stakeholder''
means an interested party that participates in the
establishment of a weed management entity in a State.
(B) Inclusions.--The term ``local stakeholder''
includes a Federal, State, local, tribal, or private
landowner.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(6) Weed.--The term ``weed'' means any parasitic or other
kind of plant at any living stage (including seeds and
reproductive parts of such a plant), that--
(A) is of foreign origin;
(B) is new or not widely prevalent in a region,
State, or the United States; and
(C) can directly or indirectly impact other useful
plants, livestock, wildlife resources, or the public
health.
(7) Weed management entity.--The term ``weed management
entity'' means an entity that--
(A) is recognized by the State in which it is
established;
(B) is established by and includes local
stakeholders;
(C) is established for the purpose of controlling
or eradicating harmful, invasive weeds on public or
private land and increasing public knowledge and
education concerning the need to control or eradicate
harmful, invasive weeds on public or private land; and
(D) is multijurisdictional and multidisciplinary in
nature.
SEC. 7204. ESTABLISHMENT OF PROGRAM.
The Secretary, in coordination with the Committee, shall establish
in the Office of the Secretary a program to provide financial
assistance through States to eligible weed management entities to
control or eradicate harmful, invasive weeds on public and private
land.
SEC. 7205. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
(a) Allocation.--
(1) In general.--Subject to paragraph (2), in consultation
with the Committee, the Secretary shall allocate funds made
available for each fiscal year under section 7212 to States and
Indian tribes to provide funding in accordance with sections
7206 and 7207 to weed management entities to carry out projects
approved by States and Indian tribes to control or eradicate
harmful, invasive weeds on public and private land.
(2) Federal allocation to indian tribes.--Of the funds made
available for allocation under section 7212 for each fiscal
year, 5 percent shall be--
(A) reserved for allocation to Indian tribes; and
(B) administered by the Committee.
(b) Amount.--The Secretary shall determine the amount of Federal
funds allocated to a State or Indian tribe for a fiscal year under this
section to be used to address a harmful, invasive weed problem in the
State or portion of the State, or on land or in water under the
jurisdiction of the Indian tribe, on the basis of--
(1) the severity or potential severity of the harmful,
invasive weed problem;
(2) the extent to which the Federal funds will be used to
leverage non-Federal funds to address the harmful, invasive
weed problem;
(3) the extent to which the State or Indian tribe has made
progress in addressing harmful, invasive weed problems; and
(4) other factors recommended by the Committee and approved
by the Secretary.
SEC. 7206. USE OF FUNDS ALLOCATED TO STATES.
(a) In General.--A State that receives an allocation of funds under
section 5 for a fiscal year shall use--
(1) not more than 25 percent of the allocation to make an
incentive payment to each weed management entity established in
the State, in accordance with subsection (b); and
(2) not less than 75 percent of the allocation to make
financial awards to weed management entities established in the
State, in accordance with subsection (c).
(b) Incentive Payments.--
(1) Use by weed management entities.--
(A) In general.--Incentive payments under
subsection (a)(1) shall be used by weed management
entities--
(i) to encourage the formation of new weed
management entities; or
(ii) to carry out 1 or more projects
described in subsection (d) to improve the
effectiveness of existing weed management
entities or programs.
(B) Duration of payments.--A weed management entity
is eligible to receive an incentive payment under
subparagraph (A) for not more than 3 years in the
aggregate.
(C) Federal share.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraph (A),
the Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Adjustment.--After consultation with
the Secretary, the Governor of a State that
makes either an incentive payment or financial
award under subsection (a) may increase, to a
maximum of 100 percent, such Federal share of a
project that the Governor determines is
necessary to meet the needs of an underserved
area.
(iii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this title.
(2) Eligibility of weed management entities.--To be
eligible to obtain an incentive payment under paragraph (1) for
a fiscal year, a weed management entity in a State shall--
(A)(i) for the first fiscal year for which the
entity receives an incentive payment under this
subsection, provide to the State in which it is
established a description of--
(I) the purposes for which the entity was
established; and
(II) any projects to be carried out to
accomplish those purposes; and
(ii) for any subsequent fiscal year for which the
entity receives an incentive payment, provide to the
State--
(I) a description of the activities carried
out by the entity in the previous fiscal year--
(aa) to control or eradicate
harmful, invasive weeds on public or
private land; or
(bb) to increase public knowledge
and education concerning the need to
control or eradicate harmful, invasive
weeds on public or private land; and
(II) the results of each such activity; and
(B) meet such additional eligibility requirements,
and conform to such process for determining
eligibility, as the State may establish.
(c) Financial Awards.--
(1) Use by weed management entities.--
(A) In general.--Financial awards under subsection
(a)(2) shall be used by weed management entities to pay
the Federal share of the cost of carrying out projects
described in subsection (d) that are selected by the
State in accordance with subsection (d).
(B) Federal share.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraph (A),
the Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Adjustment.--After consultation with
the Secretary, the Governor of a State that
makes either an incentive payment or financial
award under subsection (a) may increase, to a
maximum of 100 percent, such Federal share of a
project that the Governor determines is
necessary to meet the needs of an underserved
area.
(iii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this title.
(2) Eligibility of weed management entities.--To be
eligible to obtain a financial award under paragraph (1) for a
fiscal year, a weed management entity in a State shall--
(A) meet the requirements for eligibility for an
incentive payment under subsection (b)(2); and
(B) submit to the State a description of the
project for which the financial award is sought.
(d) Projects.--
(1) In general.--A weed management entity may use a
financial award received under this section to carry out a
project to control or eradicate harmful, invasive weeds on
public or private land, including--
(A) education, inventories and mapping, management,
monitoring, and similar activities, including the
payment of the cost of personnel and equipment that
promote such control or eradication; and
(B) other activities to promote such control or
eradication, if the results of the activities are
disseminated to the public.
(2) Selection of projects.--A State shall select projects
for funding under this section on a competitive basis, taking
into consideration--
(A) the seriousness of the harmful, invasive weed
problem or potential problem addressed by the project;
(B) the likelihood that the project will prevent or
resolve the problem, or increase knowledge about
resolving similar problems in the future;
(C) the extent to which the payment will leverage
non-Federal funds to address the harmful, invasive weed
problem addressed by the project;
(D) the extent to which the recipient weed
management entity has made progress in addressing
harmful, invasive weed problems;
(E) the extent to which the project will provide a
comprehensive approach to the control or eradication of
harmful, invasive weeds;
(F) the extent to which the project will reduce the
total population of a harmful, invasive weed within the
State;
(G) the extent to which the project uses the
principles of integrated vegetation management and
sound science; and
(H) other factors that the State determines to be
relevant.
(3) Scope of projects.--
(A) In general.--A weed management entity shall
determine the geographic scope of the harmful, invasive
weed problem to be addressed through a project using an
incentive payment or financial award received under
this section.
(B) Multiple states.--A weed management entity may
use an incentive payment or financial award under this
section to carry out a project to address the harmful,
invasive weed problem of more than 1 State only if the
entity meets the requirements of all applicable State
laws.
(4) Land.--A weed management entity may use an incentive
payment or financial award received under this section to carry
out a project to control or eradicate weeds on any public land,
or on any private land with the approval of the owner or
operator of the land.
(5) Prohibition on use of funds.--An incentive payment or
financial award under this title may not be used to carry out a
project--
(A) to control or eradicate animal pests; or
(B) to protect an agricultural commodity (as
defined in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602)) other than--
(i) livestock (as defined in section 602 of
the Agricultural Trade Act of 1949 (7 U.S.C.
1471); or
(ii) an animal- or insect-based product.
(e) Administrative Costs.--Not more than 5 percent of the funds
made available under section 7212 for a fiscal year may be used by the
Federal Government to pay the administrative costs of the program
established by this title, including the costs of complying with
Federal environmental laws.
(f) Report.--As a condition of the receipt of an incentive payment
or financial award under this title, a weed management entity in a
State that received such a payment or award shall submit to the
Committee a report that describes the purposes and results of each
project for which the payment or award was used, by not later than 6
months after completion of the projects.
SEC. 7207. USE OF FUNDS ALLOCATED TO INDIAN TRIBES.
(a) In General.--The requirements for the use of funds allocated to
States described in section 7206 shall apply to the use of funds
allocated to Indian tribes under section 7205(a)(2).
(b) Insufficient or Excess Funds.--
(1) Insufficient funds.--If, in any fiscal year, the funds
allocated to Indian tribes under section 7205(a)(2) are not
sufficient to provide incentive payments or financial awards to
each weed management entity of an Indian tribe, an Indian tribe
may seek additional funds by participating as a local
stakeholder in the establishment of a weed management entity
that receives assistance under section 7206.
(2) Excess funds.--Any excess funds remaining after the
provision of incentive payments or financial awards to weed
management entities of Indian tribes shall be reserved by the
Committee for use in carrying out this title in the following
fiscal year.
(c) Report.--As a condition of the receipt of an incentive payment
or financial award under this title, not later than October 30 of each
year, a weed management entity of an Indian tribe that received such a
payment or award in the preceding fiscal year shall submit to the
Committee a report that describes, for that preceding fiscal year, the
purposes for which the payment or award was used.
SEC. 7208. FUNDING RECOMMENDATIONS.
The Secretary of Agriculture and the Committee shall make
recommendations to the Secretary regarding--
(1) the annual allocation of funds to States and Indian
tribes under section 7205; and
(2) other issues related to funding under this title.
SEC. 7209. LAND-RELATED CONDITIONS.
(a) Consent of Landowner.--Any activity involving real property may
be carried out under this title only with the consent of the landowner.
(b) No Effect on PILT Payments.--The provision of funds to any
entity under this title shall have no effect on the amount of any
payment received by a county from the Federal Government under chapter
69 of title 31, United States Code (commonly known as ``payments in
lieu of taxes'').
SEC. 7210. APPLICABILITY OF OTHER LAWS.
Any activity carried out under this title shall comply with all
other Federal laws (including regulations), including the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 7211. RELATIONSHIP TO OTHER PROGRAMS.
Assistance authorized under this title is intended to supplement,
and not replace, assistance available to weed management entities,
areas, and districts for control or eradication of harmful, invasive
weeds on public lands and private lands, including funding available
under the Pulling Together Initiative of the National Fish and Wildlife
Foundation.
SEC. 7212. AUTHORIZATION OF APPROPRIATIONS.
To carry out this title there is authorized to be appropriated to
the Secretary $100,000,000 for each of fiscal years 2002 through 2006.
TITLE III--PARK PASSES FOR FAMILIES OF 9/11 VICTIMS
SEC. 7301. SHORT TITLE.
This title may be cited as the ``Healing Opportunities in Parks and
the Environment Pass Act''.
SEC. 7302. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The trauma associated with the terrorist hijackings and
attacks of September 11, 2001, has been significant for the
survivors, victims' immediate families, and police, fire,
rescue, recovery, and medical personnel directly involved in
this national tragedy.
(2) America's system of national parks, forests, and public
lands provides significant opportunities to renew, refresh, and
strengthen the physical, mental, and spiritual well-being of
those who use them.
(b) Purpose.--It is the purpose of this title to help those
directly impacted by the tragic events of September 11, 2001, by
enhancing opportunities for the use of America's national parks,
forests, and public lands as a means of aiding in their recovery from
the trauma associated with these tragic events.
SEC. 7303. HOPE PASS.
(a) Issuance.--The Secretary of the Interior shall make available
at no cost to qualified individuals a special entrance pass which shall
be known as the ``Hope Pass'' and shall provide for free admission into
any federally owned area which is operated and maintained by a Federal
agency and used for outdoor recreation purposes.
(b) Qualified Individuals.--A qualified individual shall be--
(1) an individual who was present at the World Trade
Center, the Pentagon, or the site of the aircraft crash at
Shanksville, Pennsylvania, at the time, or in the immediate
aftermath of the terrorist-related aircraft crashes of
September 11, 2001;
(2) an individual who had an immediate family member killed
as a direct result of the terrorist-related aircraft crashes of
September 11, 2001; or
(3) any police, fire, rescue, recovery, or medical
personnel who directly responded to the terrorist-related
aircraft crashes of September 11, 2001.
(c) Conditions.--Each Hope Pass shall--
(1) be issued upon acceptance by the Secretary of the
Interior of an application from a qualified applicant which
shall include a signed statement attesting to the applicant's
eligibility for the pass;
(2) be valid for the life of the qualified pass holder; and
(3) provide free admission to qualified pass holders and
their immediate family when accompanied by the qualified pass
holder.
(d) Noneligibility.--No individual identified by the Attorney
General of the United States to have been a participant or conspirator
in the terrorist-related aircraft crashes of September 11, 2001, or
their family shall be eligible to receive a Hope Pass.
TITLE IV--CONTROL OF HARMFUL NONNATIVE SPECIES ON FEDERAL LANDS
SEC. 7401. SHORT TITLE.
This title may be cited as the ``Species Protection and
Conservation of the Environment Act''.
SEC. 7402. PURPOSE.
The purpose of this title is to control harmful nonnative species
on Federal lands.
SEC. 7403. DEFINITIONS.
For the purposes of this title:
(1) Appropriate committees.--The term ``appropriate
Committees'' means the Committee on Resources of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(2) Control.--The term ``control'' means, as appropriate,
eradicating, suppressing, reducing, or managing harmful
nonnative species populations, preventing the spread of harmful
nonnative species from areas where they are present, and taking
steps to restore native species and habitats to reduce the
effects of harmful nonnative species.
(3) Council.--The term ``Council'' means the National
Invasive Species Council created by Executive Order 13112 of
February 3, 1999.
(4) Environmental soundness.--The term ``environmental
soundness'' means the extent of inclusion of methods, efforts,
actions, or programs to prevent or control infestations of
harmful nonnative species, that--
(A) minimize adverse impacts to the structure and
function of an ecosystem and adverse effects on
nontarget species and ecosystems; and
(B) emphasize integrated management techniques.
(5) Federal lands.--The term ``Federal lands'' means all
lands and waters that are owned and administered by the
Department of the Interior or the National Forest Service or
are held in trust by the Federal Government for an Indian
tribe.
(6) Harmful nonnative species.--The term ``harmful
nonnative species''--
(A) subject to subparagraphs (B) and (C), means,
with respect to a particular ecosystem in a particular
region, any species, including its seeds, eggs, spores,
or other biological material capable of propagating
that species, that is not native to that ecosystem and
has a demonstrable or potentially demonstrable negative
environmental or economic impact in that region;
(B) does not include any plant or plant product
that can directly or indirectly injure or cause damage
to crops (including nursery stock or plant products),
livestock, poultry, or other interests of agriculture;
and
(C) does not include non-feral livestock.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(8) National management plan.--The term ``National
Management Plan'' means the management plan referred to in
section 5 of Executive Order 13112 of February 3, 1999, and
entitled ``Meeting the Invasive Species Challenge''.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and any
Indian tribe.
SEC. 7404. ALDO LEOPOLD NATIVE HERITAGE GRANT PROGRAM.
(a) In General.--The Secretary may provide--
(1) a grant to any eligible applicant to carry out a
qualified control project in accordance with this section; and
(2) a grant to any State to carry out an assessment project
in accordance with this section to assess, consistent with
relevant State plans that have been developed in whole or in
part for the conservation of fish, wildlife, and their
habitats--
(A) the needs to restore, manage, or enhance native
fish or wildlife and their natural habitats and
processes in the State through control of harmful
nonnative species; and
(B) priorities for actions to address such needs.
Such program shall be known as the ``Aldo Leopold Native Heritage Grant
Program''.
(b) Functions of the Secretary.--
(1) In general.--The Secretary shall--
(A) solicit, receive, review, evaluate, and approve
applications for grants under this section;
(B) consult with the Council on the projects
proposed for grants under this section, including
regarding the priority of proposed projects for such
grants; and
(C) consult with the Council regarding the
development of the database required under subsection
(j).
(2) Advice.--To obtain advice regarding proposed grants
under this section, including advice on the scientific merit,
technical merit, and feasibility of a proposed grant, the
Secretary shall consult with the advisory committee established
under section 3(b) of Executive Order 13112 of February 3,
1999.
(3) Delegation of authority.--The Secretary may delegate to
another Federal instrumentality the authority of the Secretary
under this section, other than the authority to approve
applications for grants and make grants.
(c) Functions of the Council.--The Council shall--
(1) consult with the Secretary to create criteria and
guidelines for grants under this section;
(2) consult with the Secretary regarding whether proposed
control projects are qualified control projects; and
(3) carry out functions relating to monitoring control
projects under subsection (j).
(d) Eligible Applicant.--To be an eligible applicant for purposes
of subsection (a)(1), an applicant shall--
(1) be a State, local government, interstate or regional
agency, or private person; and
(2) have adequate personnel, funding, and authority to
carry out and monitor or maintain a control project.
(e) Qualified Control Project.--
(1) In general.--To be a qualified control project under
this section, a project shall--
(A) control harmful nonnative species on the lands
or waters on which it is conducted;
(B) include a plan for monitoring the project area
and maintaining effective control of harmful nonnative
species after the completion of the project, that is
consistent with standards for monitoring developed
under subsection (j);
(C) be conducted in partnership with a Federal
agency; and
(D) be conducted on non-Federal lands or waters
that, for purposes of carrying out the project, are
under the control of the eligible applicant applying
for the grant under this section and on adjacent
Federal lands or waters administered by the Federal
agency referred to in subparagraph (C), that are--
(i) administered for the long-term
conservation of such lands and waters and the
native fish and wildlife dependent thereon; and
(ii) managed to prevent the future
reintroduction or dispersal of harmful
nonnative species from the lands and waters on
which the project is carried out.
(2) Other factors for selection of projects.--In ranking
qualified control projects, the Secretary may consider the
following:
(A) The extent to which a project would address the
operational backlog of the National Wildlife Refuge
System attributed to nonnative species.
(B) Whether a project will encourage increased
coordination and cooperation among one or more Federal
agencies and State or local government agencies or
nongovernmental or other private entities to control
harmful nonnative species.
(C) Whether a project fosters public-private
partnerships and uses Federal resources to encourage
increased private sector involvement, including
consideration of the amount of private funds or in-kind
contributions to control harmful nonnative species.
(D) The extent to which a project would aid the
conservation of species that are listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(E) Whether a project includes pilot testing or a
demonstration of an innovative technology having the
potential for improved cost-effectiveness in
controlling harmful nonnative species.
(f) Distribution of Control Grant Awards.--In making grants for
control projects under this section the Secretary shall, to the
greatest extent practicable, ensure--
(1) a balance of smaller and larger projects conducted with
grants under this section; and
(2) an equitable geographic distribution of projects
carried out with grants under this section, among all States
within which such projects are proposed to be conducted.
(g) Grant Duration.--
(1) In general.--Each grant under this section shall be to
provide funding for the Federal share of the cost of a project
carried out with the grant for up to 2 fiscal years.
(2) Renewal.--(A) If the Secretary, after reviewing the
reports under subsection (h) regarding a control project, finds
that the project is making satisfactory progress, the Secretary
may renew a grant under this section for the project for an
additional 3 fiscal years.
(B) The Secretary may renew a grant under this section to
implement the monitoring and maintenance plan required for a
control project under subsection (e)(1)(B) for up to 5 fiscal
years after the project is otherwise completed.
(h) Reporting by Grantee.--
(1) In general.--(A) A grantee carrying out a control
project with a grant under this section shall report annually
to the Secretary.
(B) A State carrying out assessment project with a grant
under this section shall submit the assessment to the Secretary
no later than 24 months after the grant is awarded.
(2) Report contents.--Each report under this subsection
shall include the following information with respect to each
project covered by the report:
(A) In the case of a control project--
(i) the information described in
subparagraphs (B), (D), and (F) of subsection
(k)(2); and
(ii) specific information on the methods
and techniques used to control harmful
nonnative species in the project area,
including any specific information on the
methods and techniques used to restore native
fish, wildlife, or their habitats in the
project area.
(B) A detailed report of the funding for the grant
and the expenditures made.
(i) Cost Sharing for Projects.--
(1) Federal share.--Except as provided in paragraphs (2)
and (3), the Federal share of the cost of a project carried out
with a grant under this section shall not exceed 75 percent of
such cost.
(2) Innovative technology costs.--The Federal share of the
incremental additional cost of including in a control project
any pilot testing or a demonstration of an innovative
technology described in subsection (e)(2)(E) shall be 85
percent.
(3) Projects on federal lands or waters.--The Federal share
of the cost of the portion of a control project funded with a
grant under this section that is carried out on Federal lands
or waters, including the cost of acquisition by the Federal
Government of inholdings within Federal lands or waters for use
for such a project, shall be 100 percent.
(4) Application of in-kind contributions.--The Secretary
may apply to the non-Federal share of costs of a control
project carried out with a grant under this section the fair
market value of services or any other form of in-kind
contribution to the project made by non-Federal interests that
the Secretary determines to be an appropriate contribution
equivalent to the monetary amount required for the non-Federal
share of the activity.
(5) Derivation of non-federal share.--The non-Federal share
of the cost of a control project carried out with a grant under
this section may not be derived from a Federal grant program or
other Federal funds.
(j) Monitoring and Maintenance of Control Grant Projects.--
(1) Requirements.--The Council, in consultation with the
Secretary, shall develop requirements for the monitoring and
maintenance of a control project to ensure that the
requirements under subsections (e)(1)(A) and (B) are achieved.
(2) Database of grant project information.--The Council
shall develop and maintain an appropriate database of
information concerning control projects carried out with grants
under this subsection, including information on project
techniques, project completion, monitoring data, and other
relevant information.
(3) Use of existing programs.--The Council shall use
existing programs within the Federal Government to create and
maintain the database required under this subsection.
(4) Public availability.--The Council shall make the
information collected and maintained under this subsection
available to the public.
(k) Reporting by Secretary.--
(1) In general.--The Secretary shall, by not later than 2
years after the date of the enactment of this title and every 2
years thereafter, report to the appropriate Committees on the
implementation of this section.
(2) Report contents.--A report under paragraph (1) shall
include a biennial assessment of--
(A) trends in the population size and distribution
of harmful nonnative species in the project area for
each control project carried out with a grant under
this section, and in the adjacent areas as defined by
the Secretary;
(B) data on the number of acres of native fish and
wildlife habitat restored, protected, or enhanced under
this section, including descriptions of, and partners
involved with, control projects selected, in progress,
and completed under this section with respect to those
acres by Federal, State, and local agencies and other
entities;
(C) trends in the population size and distribution
of native species in the project areas, and in adjacent
areas as defined by the Secretary;
(D) an estimate of the long-term success of varying
conservation techniques used in carrying out control
projects with grants under this section;
(E) an annual assessment of the status of control
projects carried out with grants under this section,
including an accounting of expenditures by Federal,
State, regional, and local government agencies and
other entities to carry out such projects;
(F) a review of the environmental soundness of the
control projects carried out with grants under this
section;
(G) a review of efforts made to maintain an
appropriate database of grants under this section; and
(H) a review of the geographical distribution of
Federal money, matching funds, and in-kind
contributions for control projects carried out with
grants under this section.
(l) Cooperation of Non-Federal Interests.--The Secretary may not
make a grant under this section for a control project on Federal lands
before a non-Federal interest has entered into a written agreement with
the Secretary under which the non-Federal interest agrees to--
(1) monitor and maintain the control project in accordance
with the plan required under subsection (e)(1)(B); and
(2) provide any other items of cooperation the Secretary
considers necessary to carry out the project.
SEC. 7405. CREATION OF A RAPID RESPONSE CAPABILITY TO HARMFUL NONNATIVE
SPECIES.
(a) Establishment.--The Secretary may provide financial assistance
to enable a rapid response to outbreaks of harmful nonnative species
that are at a stage at which rapid eradication or control is possible,
and ensure eradication or immediate control of the harmful nonnative
species.
(b) Requirements for Assistance.--The Secretary shall provide
assistance under this section, at the request of the Governor of a
State, to local and State agencies or nongovernmental entities for the
eradication of an immediate harmful nonnative species threat in the
State only if--
(1) there is a demonstrated need for the assistance;
(2) the harmful nonnative species is considered to be an
immediate threat to native fish, wildlife, or their habitats,
as determined by the Secretary; and
(3) the proposed response to such threat--
(A) is technically feasible; and
(B) minimizes adverse impacts to the structure and
function of an ecosystem and adverse effects on non-
target species and ecosystems.
(c) Amount of Financial Assistance.--The Secretary shall determine
the amount of financial assistance to be provided under this section
with respect to an outbreak of a harmful nonnative species, subject to
the availability of appropriations.
(d) Cost Share.--The Federal share of the cost of any activity
carried out with assistance under this section may be up to 100
percent.
(e) Monitoring and Reporting.--The Secretary shall--
(1) require that persons receiving assistance under this
section report on activities carried out with such assistance
in the same manner as control project grantees under section
7404; and
(2) monitor and report on activities carried out with
assistance under this section in accordance with the
requirements that apply with respect to control projects
carried out with assistance under section 7404.
SEC. 7406. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this title affects authorities, responsibilities,
obligations, or powers of the Secretary under any other statute.
SEC. 7407. AUTHORIZATION OF APPROPRIATIONS.
(a) Aldo Leopold Native Heritage Program Grants.--There is
authorized to be appropriated to the Secretary to carry out section
7404 $62,000,000 for each of fiscal years 2003 through 2008.
(b) Rapid Response Assistance.--There is authorized to be
appropriated to the Secretary to carry out section 7405 $10,000,000 for
each of fiscal years 2003 through 2008.
(c) Monitoring.--There is authorized to be appropriated to the
Secretary to support the Council in its acquisition, maintenance, and
management of monitoring data on grant projects carried out under this
title, $3,000,000 for each of fiscal years 2003 through 2008.
(d) Continuing Availability.--Amounts appropriated under this title
may remain available until expended.
(e) Administrative Expenses of Secretary.--Of amounts available
each fiscal year to carry out this title, the Secretary may expend not
more than 5 percent to pay the administrative expenses necessary to
carry out this title, including such expenses incurred by the Council.
TITLE V--GATEWAY COMMUNITIES
SEC. 7501. SHORT TITLE.
This title may be cited as the ``Gateway Communities Cooperation
Act''.
SEC. 7502. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND
GATEWAY COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT
OF BOTH FEDERAL AND ADJACENT LANDS.
(a) Findings.--The Congress finds the following:
(1) Communities that are adjacent to or near Federal lands,
including units of the National Park System, units of the
National Wildlife Refuge System, units of the National Forest
System, and lands administered by the Bureau of Land
Management, are vitally impacted by the management and public
use of these Federal lands.
(2) These communities, commonly known as gateway
communities, fulfill an integral part in the mission of the
Federal lands by providing necessary services, such as schools,
roads, search and rescue, emergency, medical, provisioning,
logistical support, living quarters, and drinking water and
sanitary systems, for both visitors to the Federal lands and
employees of Federal land management agencies.
(3) Provision of these vital services by gateway
communities is an essential ingredient for a meaningful and
enjoyable experience by visitors to the Federal lands because
Federal land management agencies are unable to provide, or are
prevented from providing, these services.
(4) Gateway communities serve as an entry point for persons
who visit the Federal lands and are ideal for establishment of
visitor services, including lodging, food service, fuel and
auto repairs, emergency services, and visitor information.
(5) Development in these gateway communities affect the
management and protection of these Federal lands, depending on
the extent to which advance planning for the local development
is coordinated between the communities and Federal land
managers.
(6) The planning and management decisions of Federal land
managers can have unintended consequences for gateway
communities and the Federal lands, when the decisions are not
adequately communicated to, or coordinated with, the elected
officials and residents of gateway communities.
(7) Experts in land management planning are available to
Federal land managers, but persons with technical planning
skills are often not readily available to gateway communities,
particularly small gateway communities.
(8) Gateway communities are often affected by the policies
and actions of several Federal land agencies and both the
communities and the agencies would benefit from greater
interagency coordination of those policies and actions.
(9) Persuading gateway communities to make decisions and
undertake actions in their communities that would also be in
the best interest of the Federal lands is most likely to occur
when such decisionmaking and actions are built upon a
foundation of cooperation and coordination.
(b) Purpose.--It is the purpose of this title to require Federal
land managers to communicate, coordinate, and cooperate with gateway
communities in order to--
(1) improve the relationships among Federal land managers,
elected officials, and residents of gateway communities;
(2) enhance the facilities and services in gateway
communities available to visitors to Federal lands, when
compatible with the management of these lands; and
(3) result in better local land use planning and decisions
by Federal land managers.
(c) Definitions.--In this section:
(1) Gateway community.--The term ``gateway community''
means a county, city, town, village, or other subdivision of a
State, or a federally recognized American Indian tribe or
Alaska Native village, that--
(A) is incorporated or recognized in a county or
regional land use plan; and
(B) a Federal land manager (or the head of the
tourism office for the State) determines is
significantly affected economically, socially, or
environmentally by planning and management decisions
regarding Federal lands administered by that Federal
land manager.
(2) Federal land agencies.--The term ``Federal land
agencies'' means the National Park Service, United States
Forest Service, United States Fish and Wildlife Service, and
the Bureau of Land Management.
(3) Federal land manager.--The term ``Federal land
manager'' means--
(A) the superintendent of a unit of the National
Park System;
(B) the manager of a national wildlife refuge;
(C) the field office manager of a Bureau of Land
Management area; or
(D) the supervisor of a unit of the National Forest
System.
(d) Participation in Federal Planning and Land Use.--
(1) Participation in planning.--The Federal land agencies
shall provide for meaningful public involvement at the earliest
possible time by elected and appointed officials of governments
of local gateway communities in the development of land use
plans, programs, land use regulations, land use decisions,
transportation plans, general management plans, and any other
plans, decisions, projects, or policies for Federal public
lands under the jurisdiction of these agencies that will have a
significant impact on these gateway communities. To facilitate
such involvement, the Federal land agencies shall provide these
officials, at the earliest possible time, with a summary in
nontechnical language of the assumptions, purposes, goals, and
objectives of such a plan, decision, project, or policy and a
description of any anticipated significant impact of the plan,
decision, or policy on gateway communities.
(2) Early notice of proposed decisions.--To the extent
practicable, the Federal land agencies shall provide local
gateway communities with early public notice of proposed
decisions of these agencies that may have a significant impact
on gateway communities.
(3) Training sessions.--The Federal land agencies shall
offer training sessions for elected and appointed officials of
gateway communities at which such officials can obtain a better
understanding of--
(A) agency planning processes; and
(B) the methods by which they can participate most
meaningfully in the development of the agency plans,
decisions, and policies referred to in paragraph (1).
(4) Technical assistance.--At the request of the government
of a gateway community, a Federal land agency shall assign, to
the extent practicable, an agency employee or contractor to
work with the community to develop data and analysis relevant
to the preparation of agency plans, decisions, and policies
referred to in paragraph (1).
(5) Review of federal land management planning.--At the
request of a gateway community, and to the extent practicable,
a Federal land manager shall assist the gateway community to
conduct a review of land use, management, or transportation
plans of the Federal land manager likely to affect the gateway
community.
(6) Coordination of land use.--To the extent consistent
with the laws governing the administration of the Federal
public lands, a Federal land manager may enter into a
cooperative agreement with a gateway community to provide for
coordination between--
(A) the land use inventory, planning, and
management activities for the Federal lands
administered by the Federal land manager; and
(B) the land use planning and management activities
of other Federal agencies, agencies of the State in
which the Federal lands are located, and local and
tribal governments in the vicinity of the Federal
lands.
(7) Interagency cooperation and coordination.--To the
extent practicable, when the plans and activities of two or
more Federal land agencies are anticipated to have a
significant impact on a gateway community, the Federal land
agencies involved shall consolidate and coordinate their plans
and planning processes to facilitate the participation of the
gateway community in the planning processes.
(8) Treatment as cooperating agencies.--When a proposed
action is determined to require the preparation of an
environmental impact statement, the Federal land agencies
shall, as soon as practicable, but not later than the scoping
process, actively solicit the participation of gateway
communities as cooperating agencies under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Grants To Assist Gateway Communities.--
(1) Grants authorized; purposes.--A Federal land manager
may make grants to an eligible gateway community to enable the
gateway community--
(A) to participate in Federal land planning or
management processes;
(B) to obtain professional land use or
transportation planning assistance necessary as a
result of Federal action;
(C) to address and resolve public infrastructure
impacts that are identified through these processes as
a likely result of the Federal land management
decisions and for which sufficient funds are not
otherwise available; and
(D) to provide public information and interpretive
services about the Federal lands administered by the
Federal land manager and the gateway community.
(2) Eligible gateway communities.--To be eligible for a
grant under this subsection, a gateway community may not have a
population in excess of 10,000 persons.
(f) Funding Sources.--
(1) General agency funds.--A Federal land agency may use
amounts available for the general operation of the agency to
provide funds to Federal land managers of that agency to make
grants under subsection (e).
(2) Other planning or project development funds.--Funds
available to a Federal land manager for planning, construction,
or project development may also be used to fund programs under
subsection (d) and make grants under subsection (e).
(3) Combination of funds.--Federal land managers from
different Federal land agencies may combine financial resources
to make grants under subsection (e).
TITLE VI--CLARIFICATION OF FAIR MARKET RENTAL VALUE DETERMINATIONS FOR
PUBLIC LANDS AND FOREST SERVICE RIGHTS-OF-WAY
SEC. 7601. CLARIFICATION OF FAIR MARKET RENTAL VALUE DETERMINATIONS FOR
PUBLIC LANDS AND FOREST SERVICE RIGHTS-OF-WAY.
(a) Linear Rights-of-Way Under Federal Land Policy and Management
Act.--Section 504 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1764) is amended by adding at the end the following new
subsection:
``(k) Determination of Fair Market Value of Linear Rights-of-Way.--
(1) Effective upon the issuance of the rules required by paragraph (2),
for purposes of subsection (g), the Secretary concerned shall determine
the fair market rental for the use of land encumbered by a linear
right-of-way granted, issued, or renewed under this title using the
valuation method described in paragraphs (2), (3), and (4).
``(2) Not later than one year after the date of enactment of this
subsection, and in accordance with this subsection, the Secretary of
the Interior shall amend section 2803.1-2 of title 43, Code of Federal
Regulations, as in effect on the date of enactment, to revise the per
acre rental fee zone value schedule by State, county, and type of
linear right-of-way use to reflect current values of land in each zone.
The Secretary of Agriculture shall make the same revisions for linear
rights-of-way granted, issued, or renewed under this title on National
Forest System lands.
``(3) The Secretary concerned shall update annually the schedule
revised under paragraph (2) by multiplying the current year's rental
per acre by the annual change, second quarter to the second quarter
(June 30 to June 30) in the Gross National Product Implicit Price
Deflator Index published in the Survey of Current Business of the
Department of Commerce, Bureau of Economic Analysis.
``(4) Whenever the cumulative change in the index referred to in
paragraph (3) exceeds 30 percent, or the change in the 3-year average
of the 1-year Treasury interest rate used to determine per acre rental
fee zone values exceeds plus or minus 50 percent, the Secretary
concerned shall conduct a review of the zones and rental per acre
figures to determine whether the value of Federal land has differed
sufficiently from the index referred to in paragraph (3) to warrant a
revision in the base zones and rental per acre figures. If, as a result
of the review, the Secretary concerned determines that such a revision
is warranted, the Secretary concerned shall revise the base zones and
rental per acre figures accordingly.''.
(b) Rights-of-Way Under Mineral Leasing Act.--Section 28(l) of the
Mineral Leasing Act (30 U.S.C. 185(l)) is amended by inserting before
the period at the end the following: ``using the valuation method
described in section 2803.1-2 of title 43, Code of Federal Regulations,
as revised pursuant to section 504(k) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1764(k))''.
TITLE VII--INCREASE IN PENALTIES FOR VIOLATING FIRE REGULATIONS
SEC. 7701. PENALTIES FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS
RESULTING IN PROPERTY DAMAGE.
(a) Increased Penalties on Interior Lands.--Notwithstanding section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) or section 3 of the Act of August 25, 1916 (16 U.S.C. 3), a
violation of the rules regulating the use of fire by visitors and other
users of lands administered by the Bureau of Land Management or
National Park System lands shall be punished by a fine of not less than
$1,000 or imprisonment for not more than one year, or both, if the
violation results in damage to public or private property.
(b) Increased Penalties on National Forest System Lands.--
Notwithstanding the eleventh undesignated paragraph under the heading
``surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C.
551), a violation of the rules regulating the use of fire by visitors
and other users of National Forest System lands shall be punished by a
fine of not less than $1,000 or imprisonment for not more than one
year, or both, if the violation results in damage to public or private
property.
(c) Use of Collected Fines.--Any moneys received by the United
States as a result of a fine imposed for a violation of fire rules
applicable to lands administered by the Bureau of Land Management,
National Park System lands, or National Forest System lands shall be
available to the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, without further appropriation and
until expended, for the purpose of conducting hazardous fuels reduction
activities under the National Fire Plan.
TITLE VIII--USE OF FINES IMPOSED FOR VIOLATION OF FIRE RULES
SEC. 7801. USE OF COLLECTED FINES.
Any moneys received by the United States as a result of a fine
imposed for a violation of fire rules applicable to lands administered
by the Bureau of Land Management, National Park System lands, or
National Forest System lands shall be available to the Secretary of the
Interior or the Secretary of Agriculture, as the case may be, without
further appropriation and until expended, for the following purposes:
(1) To cover the cost to the United States of any
improvement, protection, or rehabilitation work rendered
necessary by the action that resulted in the fine.
(2) To reimburse the affected agency for the cost of the
response to the action that resulted in the fine, including
investigations, damage assessments, and legal actions.
(3) To increase public awareness of rules, regulations, and
other requirements regarding the use of fire on public lands.
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