[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1894 Engrossed Amendment House (EAH)]


  2d Session

                                S. 1894

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                    September 24, 2002.

    Resolved, That the bill from the Senate (S. 1894) entitled ``An Act to 
direct the Secretary of the Interior to conduct a special resource study to 
determine the national significance of the Miami Circle site in the State of 
Florida as well as the suitability and feasibility of its inclusion in the 
National Park System as part of Biscayne National Park, and for other 
purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

           TITLE I--MIAMI CIRCLE SITE SPECIAL RESOURCE STUDY

SEC. 101. 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. 102. 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. 103. 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.

               TITLE II--GATEWAY COMMUNITIES COOPERATION

SEC. 201. 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 III--MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENTS

SEC. 301. BOUNDARY ADJUSTMENTS, MOUNT NEBO WILDERNESS, UTAH.

    (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.

SEC. 302. MAP.

    (a) Definition.--In this title, the term ``Map'' means the map 
entitled ``Mt. Nebo Wilderness Boundary Adjustment'', numbered 531, and 
dated May 29, 2001.
    (b) 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.
    (c) Corrections.--The Secretary of Agriculture may make technical 
corrections to the Map.

SEC. 303. 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''.

TITLE IV--BAINBRIDGE ISLAND JAPANESE-AMERICAN MEMORIAL SPECIAL RESOURCE 
                                 STUDY

SEC. 401. 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. 402. 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)).
            Attest:

                                                                          Clerk.