[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 198 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                 S. 198

_______________________________________________________________________

                                 AN ACT


 
  To require the Secretary of the Interior to establish a program to 
provide assistance through States to eligible weed management entities 
to control or eradicate harmful, nonnative weeds on public and private 
                                 land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

               TITLE I--NOXIOUS WEED CONTROL ACT OF 2002

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Noxious Weed Control Act of 
2002''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Noxious weed.--The term ``noxious weed'' has the same 
        meaning as in the Plant Protection Act (7 U.S.C. 7702(10)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) 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.
            (4) 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).
            (5) 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 for the purpose of controlling 
                or eradicating harmful, invasive weeds and increasing 
                public knowledge and education concerning the need to 
                control or eradicate harmful, invasive weeds; and
                    (C) is multijurisdictional and multidisciplinary in 
                nature.

SEC. 103. ESTABLISHMENT OF PROGRAM.

    The Secretary shall establish a program to provide financial 
assistance through States to eligible weed management entities to 
control or eradicate weeds. In developing the program, the Secretary 
shall consult with the National Invasive Species Council, the Invasive 
Species Advisory Committee, representatives from States and Indian 
tribes with weed management entities or that have particular problems 
with noxious weeds, and public and private entities with experience in 
noxious weed management.

SEC. 104. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.

    The Secretary shall allocate funds to States to provide funding to 
weed management entities to carry out projects approved by States to 
control or eradicate weeds on the basis of the severity or potential 
severity of the noxious weed problem, the extent to which the Federal 
funds will be used to leverage non-Federal funds, the extent to which 
the State has made progress in addressing noxious weed problems, and 
such other factors as the Secretary deems relevant. The Secretary shall 
provide special consideration for States with approved weed management 
entities established by Indian tribes, and may provide an additional 
allocation to a State to meet the particular needs and projects that 
such a weed management entity will address.

SEC. 105. ELIGIBILITY AND USE OF FUNDS.

    (a) Requirements.--The Secretary shall prescribe requirements for 
applications by States for funding, including provisions for auditing 
of and reporting on the use of funds and criteria to ensure that weed 
management entities recognized by the States are capable of carrying 
out projects, monitoring and reporting on the use of funds, and are 
knowledgeable about and experienced in noxious weed management and 
represent private and public interests adversely affected by noxious 
weeds. Eligible activities for funding shall include--
            (1) applied research to solve locally significant weed 
        management problems and solutions, except that such research 
        may not exceed 8 percent of the available funds in any year;
            (2) incentive payments to encourage the formation of new 
        weed management entities, except that such payments may not 
        exceed 25 percent of the available funds in any year; and
            (3) projects relating to the control or eradication of 
        noxious weeds, including 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 other activities to promote 
        such control or eradication, if the results of the activities 
        are disseminated to the public.
    (b) Project Selection.--A State shall select projects for funding 
to a weed management entity on a competitive basis considering--
            (1) the seriousness of the noxious weed problem or 
        potential problem addressed by the project;
            (2) the likelihood that the project will prevent or resolve 
        the problem, or increase knowledge about resolving similar 
        problems in the future;
            (3) the extent to which the payment will leverage non-
        Federal funds to address the noxious weed problem addressed by 
        the project;
            (4) the extent to which the weed management entity has made 
        progress in addressing noxious weed problems;
            (5) the extent to which the project will provide a 
        comprehensive approach to the control or eradication of noxious 
        weeds;
            (6) the extent to which the project will reduce the total 
        population of a noxious weed;
            (7) the extent to which the project uses the principles of 
        integrated vegetation management and sound science; and
            (8) such other factors that the State determines to be 
        relevant.
    (c) Information and Report.--As a condition of the receipt of 
funding, States shall require such information from grant recipients as 
necessary and shall submit to the Secretary 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.
    (d) Federal Share.--The Federal share of any project or activity 
approved by a State or Indian tribe under this title may not exceed 50 
percent unless the State meets criteria established by the Secretary 
that accommodates situations where a higher percentage is necessary to 
meet the needs of an underserved area or addresses a critical need that 
cannot be met otherwise.

SEC. 106. LIMITATIONS.

    (a) Landowner Consent; Land Under Cultivation.--Any activity 
involving real property, either private or public, may be carried out 
under this title only with the consent of the landowner and no project 
may be undertaken on property that is devoted to the cultivation of row 
crops, fruits, or vegetables.
    (b) Compliance With State Law.--A weed management entity may carry 
out a project to address the noxious weed problem in more than one 
State only if the entity meets the requirements of the State laws in 
all States in which the entity will undertake the project.
    (c) Use of Funds.--Funding under this title may not be used to 
carry out a project--
            (1) to control or eradicate animals, pests, or submerged or 
        floating noxious aquatic weeds; or
            (2) to protect an agricultural commodity (as defined in 
        section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 
        5602)) other than--
                    (A) livestock (as defined in section 602 of the 
                Agricultural Trade Act of 1949 (7 U.S.C. 1471); or
                    (B) an animal- or insect-based product.

SEC. 107. 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; and 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 the Payments in Lieu of Taxes Act).

SEC. 108. 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, 
of which not more than 5 percent of the funds made available for a 
fiscal year may be used by the Secretary for administrative costs of 
Federal agencies.

                     TITLE II--NEWTOK LAND EXCHANGE

SEC. 201. FINDINGS.

    Congress finds that:
            (1) The continued existence of the village of Newtok, 
        Alaska is threatened by the eroding banks of the Ninglick 
        River.
            (2) A relocation of the village will become necessary for 
        the health and safety of the residents of Newtok within the 
        next 8 years.
            (3) Lands previously conveyed to the Newtok Native 
        Corporation contain habitat of high value for waterfowl.
            (4) An opportunity exists for an exchange of lands between 
        the Newtok Native Corporation and the Yukon Delta National 
        Wildlife Refuge that would address the relocation needs of the 
        village while enhancing the quality of waterfowl habitat within 
        the boundaries of the Refuge.
            (5) An exchange of lands between Newtok and the United 
        States on an other than equal value basis pursuant to the terms 
        of this Act is in the public interest.

SEC. 202. DEFINITIONS.

    For the purposes of this title, the term:
            (1) ``ANCSA'' means the Alaska Native Claims Settlement Act 
        of 1971 (43 U.S.C. 1601 et seq.);
            (2) ``ANILCA'' means the Alaska National Interest Lands 
        Conservation Act of 1980 (16 USC 410hh-3233, 43 U.S.C. 1602 et 
        seq.);
            (3) ``Calista'' means the Calista Corporation, an Alaska 
        Native Regional Corporation established pursuant to ANCSA;
            (4) ``Identified Lands'' means approximately 10,943 acres 
        of lands (including surface and subsurface) designated as 
        ``Proposed Village Site'' upon a map entitled ``Proposed Newtok 
        Exchange'', dated September 2002, and available for inspection 
        in the Anchorage office of the United States Fish and Wildlife 
        Service;
            (5) ``limited warranty deed'' means a warranty deed which 
        is, with respect to its warranties, limited to that portion of 
        the chain of title from the moment of conveyance from the 
        United States to Newtok to and including the moment at which 
        such title is validly reconveyed to the United States of 
        America and its assigns;
            (6) ``Newtok'' means the Newtok Native Corporation, an 
        Alaska Native Village Corporation established pursuant to 
        ANCSA;
            (7) ``Newtok lands'' means approximately 12,101 acres of 
        surface estate comprising conveyed lands and selected lands 
        identified as Aknerkochik on the map referred to in paragraph 
        (4) and that surface estate selected by Newtok on Baird Inlet 
        Island as shown on said map; and
            (8) ``Secretary'' means the Secretary of the Interior.

SEC. 203. LANDS TO BE EXCHANGED.

    (a) Lands Exchanged to the United States.--If, within 180 days 
after the date of enactment of this title, Newtok expresses to the 
Secretary in writing its intent to enter into a land exchange with the 
United States, the Secretary shall accept from Newtok a valid, 
unencumbered conveyance, by limited warranty deed, of the Newtok lands 
previously conveyed to Newtok. The Secretary shall also accept from 
Newtok a relinquishment of irrevocable prioritized selections for 
approximately 4,956 acres for those validly selected lands not yet 
conveyed to Newtok. The reconveyance of lands by Newtok to the United 
States and the prioritized, relinquished selections shall be 1.1 times 
the number of acres conveyed to Newtok under this title. The number of 
acres reconveyed to the United States and the prioritized, relinquished 
selections shall be charged to the entitlement of Newtok.
    (b) Lands Exchanged to Newtok.--(1) In exchange for the Newtok 
lands conveyed and selections relinquished under subsection (a), the 
Secretary shall, subject to valid existing rights and notwithstanding 
section 14(f) of ANCSA, convey to Newtok the surface and subsurface 
estate of the Identified Lands. The conveyance shall be by interim 
conveyance. Subsequent to the interim conveyance, the Secretary shall 
survey the Identified Lands at no cost to Newtok and issue a patent to 
the Identified Lands subject to the provisions of ANCSA and this title. 
At the time of survey the charge against Newtok's entitlement for acres 
conveyed or irrevocable priorities relinquished by Newtok may be 
adjusted to conform to the standard of 1.1 acres relinquished by Newtok 
for each one acre received.

SEC. 204. CONVEYANCE.

    (a) Timing.--The Secretary shall issue interim conveyances pursuant 
to section 203(b) at the earliest possible time after acceptance of the 
Newtok conveyance and relinquishment of selections under section 
203(a).
    (b) Relationship to ANCSA.--Lands conveyed to Newtok under this 
title shall be deemed to have been conveyed under the provisions of 
ANCSA, except that the provisions of 14(c) of ANCSA shall not apply to 
these lands, and to the extent that section 22(g) of ANCSA would 
otherwise be applicable to these lands, the provisions of 22(g) of 
ANCSA shall also not apply to these lands. Consistent with section 
103(c) of ANILCA, these lands shall not be deemed to be included as a 
portion of the Yukon National Wildlife Refuge and shall not be subject 
to regulations applicable solely to public lands within this 
Conservation System Unit.
    (c) Effect on Entitlement.--Nothing in this title shall be 
construed to change the total acreage of land to which Newtok is 
entitled under ANCSA.
    (d) Effect on Newtok Lands.--The Newtok Lands shall be included in 
the Yukon Delta National Wildlife Refuge as of the date of acceptance 
of the conveyance of those lands from Newtok, except that residents of 
the Village of Newtok, Alaska, shall retain access rights to 
subsistence resources on those public lands as guaranteed under ANILCA 
section 811 (16 U.S.C. 3121), and to subsistence uses, such as 
traditional subsistence fishing, hunting and gathering, consistent with 
ANILCA section 803 (16 U.S.C. 3113).
    (e) Adjustment to Calista Corporation ANCSA Entitlement for 
Relinquished Newtok Selections.--To the extent that Calista subsurface 
rights are affected by this title, Calista shall be entitled to an 
equivalent acreage of in lieu subsurface entitlement for the Newtok 
selections relinquished in the exchange as set forth in section 203(a) 
of this title. This additional entitlement shall come from subsurface 
lands already selected by Calista, but which have not been conveyed. If 
Calista does not have sufficient subsurface selections to accommodate 
this additional entitlement, Calista Corporation is hereby authorized 
to make an additional in lieu selection for the deficient acreage.
    (f) Adjustment to Exchange.--If requested by Newtok, the Secretary 
is authorized to consider and make adjustments to the original exchange 
to meet the purposes of this title, subject to all the same terms and 
conditions of this title.

         TITLE III--FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Florida National Forest Land 
Management Act of 2002''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) State.--The term ``State'' means the State of Florida.

SEC. 303. SALE OR EXCHANGE OF LAND.

    (a) In General.--The Secretary may, under such terms and conditions 
as the Secretary may prescribe, sell or exchange any right, title, and 
interest of the United States in and to the parcels of Federal land in 
the State described in subsection (b).
    (b) Description of Land.--The parcels of Federal land in the State 
referred to in subsection (a) consist of--
            (1) tract A-942a, East Bay, Santa Rosa County, consisting 
        of approximately 61 acres, and more particularly described as 
        T. 1 S., R. 27 W., Sec. 31, W 1/2 of SW 1/4;
            (2) tract A-942b, East Bay, Santa Rosa County, consisting 
        of approximately 40 acres, and more particularly described as 
        T. 1 S., R. 27 W., Sec. 38;
            (3) tract A-942c, Ft. Walton, Okaloosa County, located 
        southeast of the intersection of and adjacent to State Road 86 
        and Mooney Road, consisting of approximately 0.59 acre, and 
        more particularly described as T. 1 S., R. 24 W., Sec. 26;
            (4) tract A-942d, located southeast of Crestview, Okaloosa 
        County, consisting of approximately 79.90 acres, and more 
        particularly described as T. 2 N., R. 23 W., Sec. 2, NW 1/4 NE 
        1/4 and NE 1/4 NW 1/4 ;
            (5) tract A-943, Okaloosa County Fairgrounds, Ft. Walton, 
        Okaloosa County, consisting of approximately 30.14 acres, and 
        more particularly described as T. 1 S., R. 24 W., Sec. 26, S 1/
        2;
            (6) tract A-944, City Ball Park--Ft. Walton, Okaloosa 
        County, consisting of approximately 12.43 acres, and more 
        particularly described as T. 1 S., R. 24 W., Sec. 26, S 1/2;
            (7) tract A-945, Landfill-Golf Course Driving Range, 
        located southeast of Crestview, Okaloosa County, consisting of 
        approximately 40.85 acres, and more particularly described as 
        T. 2 N., R. 23 W., Sec. 4, NW 1/4 NE 1/4;
            (8) tract A-959, 2 vacant lots on the north side of 
        Micheaux Road in Bristol, Liberty County, consisting of 
        approximately 0.5 acre, and more particularly described as T. 1 
        S., R. 7 W., Sec. 6;
            (9) tract C-3m-d, located southwest of Astor in Lake 
        County, consisting of approximately 15.0 acres, and more 
        particularly described as T. 15 S., R. 28 E., Sec. 37;
            (10) tract C-691, Lake County, consisting of the subsurface 
        rights to approximately 40.76 acres of land, and more 
        particularly described as T. 17 S., R. 29 E., Sec. 25, SE 1/4 
        NW 1/4;
            (11) tract C-2208b, Lake County, consisting of 
        approximately 39.99 acres, and more particularly described as 
        T. 17 S., R. 28 E., Sec. 28, NW 1/4 SE 1/4;
            (12) tract C-2209, Lake County, consisting of approximately 
        127.2 acres, as depicted on the map, and more particularly 
        described as T. 17 S., R. 28 E., Sec. 21, NE 1/4 SW 1/4, SE 1/4 
        NW 1/4, and SE 1/4 NE 1/4;
            (13) tract C-2209b, Lake County, consisting of 
        approximately 39.41 acres, and more particularly described as 
        T. 17 S., R. 29 E., Sec. 32, NE 1/4 SE 1/4;
            (14) tract C-2209c, Lake County, consisting of 
        approximately 40.09 acres, and more particularly described as 
        T. 18 S., R. 28 E., Sec. 14, SE 1/4 SW 1/4;
            (15) tract C-2209d, Lake County, consisting of 
        approximately 79.58 acres, and more particularly described as 
        T. 18 S., R. 29 E., Sec. 5, SE 1/4 NW 1/4, NE 1/4 SW 1/4;
            (16) tract C-2210, government lot 1, 20 recreational 
        residential lots, and adjacent land on Lake Kerr, Marion 
        County, consisting of approximately 30 acres, and more 
        particularly described as T. 13 S., R. 25 E., Sec. 22;
            (17) tract C-2213, located in the F.M. Arrendondo grant, 
        East of Ocala, Marion County, and including a portion of the 
        land located east of the western right-of-way of State Highway 
        19, consisting of approximately 15.0 acres, and more 
        particularly described as T. 14 and 15 S., R. 26 E., Sec. 36, 
        38, and 40; and
            (18) all improvements on the parcels described in 
        paragraphs (1) through (18).
    (c) Legal Description Modification.--The Secretary may, for the 
purposes of soliciting offers for the sale or exchange of land under 
subsection (d), modify the descriptions of land specified in subsection 
(b) based on--
            (1) a survey; or
            (2) a determination by the Secretary that the modification 
        would be in the best interest of the public.
    (d) Solicitations of Offers.--
            (1) In general.--Subject to such terms and conditions as 
        the Secretary may prescribe, the Secretary may solicit offers 
        for the sale or exchange of land described in subsection (b).
            (2) Rejection of offers.--The Secretary may reject any 
        offer received under this section if the Secretary determines 
        that the offer--
                    (A) is not adequate; or
                    (B) is not in the public interest.
    (e) Methods of Sale.--The Secretary may sell the land described in 
subsection (b) at public or private sale (including at auction), in 
accordance with any terms, conditions, and procedures that the 
Secretary determines to be appropriate.
    (f) Brokers.--In any sale or exchange of land described in 
subsection (b), the Secretary may--
            (1) use a real estate broker; and
            (2) pay the real estate broker a commission in an amount 
        that is comparable to the amounts of commission generally paid 
        for real estate transactions in the area.
    (g) Concurrence of the Secretary of the Air Force.--A parcel of 
land described in paragraphs (1) through (7) of subsection (b) shall 
not be sold or exchanged by the Secretary without the concurrence of 
the Secretary of the Air Force.
    (h) Cash Equalization.--Notwithstanding section 206(b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if 
the value of non-Federal land for which Federal land is exchanged under 
this section is less than the value of the Federal land exchanged, the 
Secretary may accept a cash equalization payment in excess of 25 
percent of the value of the Federal land.
    (i) Disposition of Proceeds.--
            (1) In general.--The net proceeds derived from any sale or 
        exchange under this Act shall be deposited in the fund 
        established by Public Law 90-171 (commonly known as the ``Sisk 
        Act'') (16 U.S.C. 484a).
            (2) Use.--Amounts deposited under paragraph (1) shall be 
        available to the Secretary for expenditure, without further 
        appropriation, for--
                    (A) acquisition of land and interests in land for 
                inclusion as units of the National Forest System in the 
                State; and
                    (B) reimbursement of costs incurred by the 
                Secretary in carrying out land sales and exchanges 
                under this title, including the payment of real estate 
                broker commissions under subsection (f).

SEC. 304. ADMINISTRATION.

    (a) In General.--Land acquired by the United States under this 
title shall be--
            (1) subject to the Act of March 1, 1911 (commonly known as 
        the ``Weeks Act'') (16 U.S.C. 480 et seq.); and
            (2) administered in accordance with laws (including 
        regulations) applicable to the National Forest System.
    (b) Applicable Law.--The land described in section 303(b) shall not 
be subject to the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.).
    (c) Withdrawal.--Subject to valid existing rights, the land 
described in section 403(b) is withdrawn from location, entry, and 
patent under the public land laws, mining laws, and mineral leasing 
laws (including geothermal leasing laws).

             TITLE IV--AMERICAN FORK CANYON VISITORS CENTER

SEC. 401. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the facility that houses the administrative office of 
        the Pleasant Grove Ranger District of the Uinta National Forest 
        can no longer properly serve the purpose of the facility;
            (2) a fire destroyed the Timpanogos Cave National Monument 
        Visitor Center and administrative office in 1991, and the 
        temporary structure that is used for a visitor center cannot 
        adequately serve the public; and
            (3) combining the administrative office of the Pleasant 
        Grove Ranger District with a new Timpanogos Cave National 
        Monument visitor center and administrative office in one 
        facility would--
                    (A) facilitate interagency coordination;
                    (B) serve the public better; and
                    (C) improve cost effectiveness.
    (b) Purposes.--The purposes of this title are--
            (1) to authorize the Secretary of Agriculture to acquire by 
        exchange non-Federal land located in Highland, Utah as the site 
        for an interagency administrative and visitor facility;
            (2) to direct the Secretary of the Interior to construct an 
        administrative and visitor facility on the non-Federal land 
        acquired by the Secretary of Agriculture; and
            (3) to direct the Secretary of Agriculture and the 
        Secretary of the Interior to cooperate in the development, 
        construction, operation, and maintenance of the facility.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Facility.--The term ``facility'' means the facility 
        constructed under section 506 to house--
                    (A) the administrative office of the Pleasant Grove 
                Ranger District of the Uinta National Forest; and
                    (B) the visitor center and administrative office of 
                the Timpanogos Cave National Monument.
            (2) Federal land.--The term ``Federal land'' means the 
        parcels of land and improvements to the land in the Salt Lake 
        Meridian comprising--
                    (A) approximately 237 acres located in T. 5 S., R. 
                3 E., Sec. 13, lot 1, SW 1/4, NE 
                1/4, E 1/2, NW 1/4 and E 1/2, SW 1/4, as depicted on 
                the map entitled ``Long Hollow-Provo Canyon Parcel'', 
                dated March 12, 2001;
                    (B) approximately 0.18 acre located in T. 7 S., R. 
                2 E., Sec. 12, NW 1/4, as depicted on the map entitled 
                ``Provo Sign and Radio Shop'', dated March 12, 2001;
                    (C) approximately 20 acres located in T. 3 S., R. 1 
                E., Sec. 33, SE 1/4, as depicted on the map entitled 
                ``Corner Canyon Parcel'', dated March 12, 2001;
                    (D) approximately 0.18 acre located in T. 29 S., R. 
                7 W., Sec. 15, S 1/2, as depicted on the map entitled 
                ``Beaver Administrative Site'', dated March 12, 2001;
                    (E) approximately 7.37 acres located in T. 7 S., R. 
                3 E., Sec. 28, NE 1/4, SW 1/4, NE 1/4, as depicted on 
                the map entitled ``Springville Parcel'', dated March 
                12, 2001; and
                    (F) approximately 0.83 acre located in T. 5 S., R. 
                2 E., Sec. 20, as depicted on the map entitled 
                ``Pleasant Grove Ranger District Parcel'', dated March 
                12, 2001.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of land in the Salt Lake Meridian comprising 
        approximately 37.42 acres located at approximately 4,400 West, 
        11,000 North (SR-92), Highland, Utah in T. 4 S., R. 2 E., Sec. 
        31, NW 1/4, as depicted on the map entitled ``The Highland 
        Property'', dated March 12, 2001.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 403. MAPS AND LEGAL DESCRIPTIONS.

    (a) Availability of Maps.--The maps described in paragraphs (2) and 
(3) of section 402 shall be on file and available for public inspection 
in the Office of the Chief of the Forest Service until the date on 
which the land depicted on the maps is exchanged under this title.
    (b) Technical Corrections to Legal Descriptions.--The Secretary may 
correct minor errors in the legal descriptions in paragraphs (2) and 
(3) of section 402.

SEC. 404. EXCHANGE OF LAND FOR FACILITY SITE.

    (a) In General.--Subject to subsection (b), the Secretary may, 
under such terms and conditions as the Secretary may prescribe, convey 
by quitclaim deed all right, title, and interest of the United States 
in and to the Federal land in exchange for the conveyance of the non-
Federal land.
    (b) Title to Non-Federal Land.--Before the land exchange takes 
place under subsection (a), the Secretary shall determine that title to 
the non-Federal land is acceptable based on the approval standards 
applicable to Federal land acquisitions.
    (c) Valuation of Non-Federal Land.--
            (1) Determination.--The fair market value of the land and 
        the improvements on the land exchanged under this title shall 
        be determined by an appraisal that--
                    (A) is approved by the Secretary; and
                    (B) conforms with the Federal appraisal standards, 
                as defined in the publication entitled ``Uniform 
                Appraisal Standards for Federal Land Acquisitions''.
            (2) Separate appraisals.--
                    (A) In general.--Each parcel of Federal land 
                described in subparagraphs (A) through (F) of section 
                402(2) shall be appraised separately.
                    (B) Individual property values.--The property 
                values of each parcel shall not be affected by the unit 
                rule described in the Uniform Appraisal Standards for 
                Federal Land Acquisitions.
    (d) Cash Equalization.--Notwithstanding section 206(b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the 
Secretary may, as the circumstances require, either make or accept a 
cash equalization payment in excess of 25 percent of the total value of 
the lands or interests transferred out of Federal ownership.
        (e) Administration of Land Acquisition by United States.--
            (1) Boundary adjustment.--
                    (A) In general.--On acceptance of title by the 
                Secretary--
                            (i) the non-Federal land conveyed to the 
                        United States shall become part of the Uinta 
                        National Forest; and
                            (ii) the boundaries of the national forest 
                        shall be adjusted to include the land.
                    (B) Allocation of land and water conservation fund 
                moneys.--For purposes of section 7 of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                099), the boundaries of the national forest, as 
                adjusted under this section, shall be considered to be 
                boundaries of the national forest as of January 1, 
                1965.
            (2) Applicable law.--Subject to valid existing rights, the 
        Secretary shall manage any land acquired under this section in 
        accordance with--
                    (A) the Act of March 1, 1911 (16 U.S.C. 480 et 
                seq.) (commonly known as the ``Weeks Act''); and
                    (B) other laws (including regulations) that apply 
                to National Forest System land.

SEC. 405. DISPOSITION OF FUNDS.

    (a) Deposit.--The Secretary shall deposit any cash equalization 
funds received in the land exchange in the fund established under 
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk 
Act'').
    (b) Use of Funds.--Funds deposited under subsection (a) shall be 
available to the Secretary, without further appropriation, for the 
acquisition of land and interests in land for administrative sites in 
the State of Utah and land for the National Forest System.

SEC. 406. CONSTRUCTION AND OPERATION OF FACILITY.

    (a) Construction.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after funds are made available to carry out this 
        title, the Secretary of the Interior shall construct, and bear 
        responsibility for all costs of construction of, a facility and 
        all necessary infrastructure on non-Federal land acquired under 
        section 404.
            (2) Design and specifications.--Prior to construction, the 
        design and specifications of the facility shall be approved by 
        the Secretary and the Secretary of the Interior.
    (b) Operation and Maintenance of Facility.--The facility shall be 
occupied, operated, and maintained jointly by the Secretary (acting 
through the Chief of the Forest Service) and the Secretary of the 
Interior (acting through the Director of the National Park Service) 
under terms and conditions agreed to by the Secretary and the Secretary 
of the Interior.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

                 TITLE V--WASHOE TRIBE LAND CONVEYANCE

SEC. 501. WASHOE TRIBE LAND CONVEYANCE.

    (a) Findings.--Congress finds that--
            (1) the ancestral homeland of the Washoe Tribe of Nevada 
        and California (referred to in this title as the ``Tribe'') 
        included an area of approximately 5,000 square miles in and 
        around Lake Tahoe, California and Nevada, and Lake Tahoe was 
        the heart of the territory;
            (2) in 1997, Federal, State, and local governments, 
        together with many private landholders, recognized the Washoe 
        people as indigenous people of Lake Tahoe Basin through a 
        series of meetings convened by those governments at 2 locations 
        in Lake Tahoe;
            (3) the meetings were held to address protection of the 
        extraordinary natural, recreational, and ecological resources 
        in the Lake Tahoe region;
            (4) the resulting multiagency agreement includes objectives 
        that support the traditional and customary uses of National 
        Forest System land by the Tribe; and
            (5) those objectives include the provision of access by 
        members of the Tribe to the shore of Lake Tahoe in order to 
        reestablish traditional and customary cultural practices.
    (b) Purposes.--The purposes of this title are--
            (1) to implement the joint local, State, tribal, and 
        Federal objective of returning the Tribe to Lake Tahoe; and
            (2) to ensure that members of the Tribe have the 
        opportunity to engage in traditional and customary cultural 
        practices on the shore of Lake Tahoe to meet the needs of 
        spiritual renewal, land stewardship, Washoe horticulture and 
        ethnobotany, subsistence gathering, traditional learning, and 
        reunification of tribal and family bonds.
    (c) Conveyance on Condition Subsequent.--Subject to valid existing 
rights, the easement reserved under subsection (d), and the condition 
stated in subsection (e), the Secretary of Agriculture shall convey to 
the Secretary of the Interior, in trust for the Tribe, for no 
consideration, all right, title, and interest in the parcel of land 
comprising approximately 24.3 acres, located within the Lake Tahoe 
Basin Management Unit north of Skunk Harbor, Nevada, and more 
particularly described as Mount Diablo Meridian, T15N, R18E, section 
27, lot 3.
    (d) Easement.--
            (1) In general.--The conveyance under subsection (c) shall 
        be made subject to reservation to the United States of a 
        nonexclusive easement for public and administrative access over 
        Forest Development Road #15N67 to National Forest System land, 
        to be administered by the Secretary of Agriculture.
            (2) Access by individuals with disabilities.--The Secretary 
        of Agriculture shall provide a reciprocal easement to the Tribe 
        permitting vehicular access to the parcel over Forest 
        Development Road #15N67 to--
                    (A) members of the Tribe for administrative and 
                safety purposes; and
                    (B) members of the Tribe who, due to age, 
                infirmity, or disability, would have difficulty 
                accessing the conveyed parcel on foot.
    (e) Condition on use of Land.--
            (1) In general.--In using the parcel conveyed under 
        subsection (c), the Tribe and members of the Tribe--
                    (A) shall limit the use of the parcel to 
                traditional and customary uses and stewardship 
                conservation for the benefit of the Tribe;
                    (B) shall not permit any permanent residential or 
                recreational development on, or commercial use of, the 
                parcel (including commercial development, tourist 
                accommodations, gaming, sale of timber, or mineral 
                extraction); and
                    (C) shall comply with environmental requirements 
                that are no less protective than environmental 
                requirements that apply under the Regional Plan of the 
                Tahoe Regional Planning Agency.
            (2) Termination and reversion.--If the Secretary of the 
        Interior, after notice to the Tribe and an opportunity for a 
        hearing, based on monitoring of use of the parcel by the Tribe, 
        makes a finding that the Tribe has used or permitted the use of 
        the parcel in violation of paragraph (1) and the Tribe fails to 
        take corrective or remedial action directed by the Secretary of 
        the Interior--
                    (A) title to the parcel in the Secretary of the 
                Interior, in trust for the Tribe, shall terminate; and
                    (B) title to the parcel shall revert to the 
                Secretary of Agriculture.

     TITLE VI--SANTA CLARA AND SAN ILDEFONSO PUEBLO LAND CONVEYANCE

SEC. 601. DEFINITIONS.

    In this title:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        entitled ``Agreement to Affirm Boundary Between Pueblo of Santa 
        Clara and Pueblo of San Ildefonso Aboriginal Lands Within 
        Garcia Canyon Tract'', entered into by the Governors on 
        December 20, 2000.
            (2) Boundary line.--The term ``boundary line'' means the 
        boundary line established under section 604(a).
            (3) Governors.--The term ``Governors'' means--
                    (A) the Governor of the Pueblo of Santa Clara, New 
                Mexico; and
                    (B) the Governor of the Pueblo of San Ildefonso, 
                New Mexico.
            (4) 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).
            (5) Pueblos.--The term ``Pueblos'' means--
                    (A) the Pueblo of Santa Clara, New Mexico; and
                    (B) the Pueblo of San Ildefonso, New Mexico.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Trust land.--The term ``trust land'' means the land 
        held by the United States in trust under section 602(a) or 
        603(a).

SEC. 602. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

    (a) In General.--All right, title, and interest of the United 
States in and to the land described in subsection (b), including 
improvements on, appurtenances to, and mineral rights (including rights 
to oil and gas) to the land, shall be held by the United States in 
trust for the Pueblo of Santa Clara, New Mexico.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 2,484 acres of Bureau of Land Management land 
located in Rio Arriba County, New Mexico, and more particularly 
described as--
            (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
        Principal Meridian, that is located north of the boundary line;
            (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New 
        Mexico Principal Meridian;
            (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New 
        Mexico Principal Meridian;
            (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract 
        in the southeast quarter owned by the Pueblo of San Ildefonso;
            (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
        Principal Meridian, that is located north and east of the 
        boundary line;
            (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
        Principal Meridian, that is located north of the boundary line;
            (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico 
        Principal Meridian, that is not included in the Santa Clara 
        Pueblo Grant or the Santa Clara Indian Reservation; and
            (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not 
        included in the Santa Clara Pueblo Grant or the San Ildefonso 
        Grant.

SEC. 603. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

    (a) In General.--All right, title, and interest of the United 
States in and to the land described in subsection (b), including 
improvements on, appurtenances to, and mineral rights (including rights 
to oil and gas) to the land, shall be held by the United States in 
trust for the Pueblo of San Ildefonso, New Mexico.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 2,000 acres of Bureau of Land Management land 
located in Rio Arriba County and Santa Fe County in the State of New 
Mexico, and more particularly described as--
            (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
        Principal Meridian, that is located south of the boundary line;
            (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
        Principal Meridian, that is located south and west of the 
        boundary line;
            (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
        Principal Meridian, that is located south of the boundary line;
            (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal 
        Meridian; and
            (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico 
        Principal Meridian, that is not included in the San Ildefonso 
        Pueblo Grant.

SEC. 604. SURVEY AND LEGAL DESCRIPTIONS.

    (a) Survey.--Not later than 180 days after the date of enactment of 
this title, the Office of Cadastral Survey of the Bureau of Land 
Management shall, in accordance with the Agreement, complete a survey 
of the boundary line established under the Agreement for the purpose of 
establishing, in accordance with sections 602(b) and 603(b), the 
boundaries of the trust land.
    (b) Legal Descriptions.--
            (1) Publication.--On approval by the Governors of the 
        survey completed under subsection (a), the Secretary shall 
        publish in the Federal Register--
                    (A) a legal description of the boundary line; and
                    (B) legal descriptions of the trust land.
            (2) Technical corrections.--Before the date on which the 
        legal descriptions are published under paragraph (1)(B), the 
        Secretary may correct any technical errors in the descriptions 
        of the trust land provided in sections 602(b) and 603(b) to 
        ensure that the descriptions are consistent with the terms of 
        the Agreement.
            (3) Effect.--Beginning on the date on which the legal 
        descriptions are published under paragraph (1)(B), the legal 
        descriptions shall be the official legal descriptions of the 
        trust land.

SEC. 605. ADMINISTRATION OF TRUST LAND.

    (a) In General.--Beginning on the date of enactment of this title--
            (1) the land held in trust under section 602(a) shall be 
        declared to be a part of the Santa Clara Indian Reservation; 
        and
            (2) the land held in trust under section 603(a) shall be 
        declared to be a part of the San Ildefonso Indian Reservation.
    (b) Applicable Law.--
            (1) In general.--The trust land shall be administered in 
        accordance with any law (including regulations) or court order 
        generally applicable to property held in trust by the United 
        States for Indian tribes.
            (2) Pueblo lands act.--The following shall be subject to 
        section 17 of the Act of June 7, 1924 (commonly known as the 
        ``Pueblo Lands Act'') (25 U.S.C. 331 note):
                    (A) The trust land.
                    (B) Any land owned as of the date of enactment of 
                this title or acquired after the date of enactment of 
                this title by the Pueblo of Santa Clara in the Santa 
                Clara Pueblo Grant.
                    (C) Any land owned as of the date of enactment of 
                this title or acquired after the date of enactment of 
                this title by the Pueblo of San Ildefonso in the San 
                Ildefonso Pueblo Grant.
    (c) Use of Trust Land.--
            (1) In general.--Subject to the criteria developed under 
        paragraph (2), the trust land may be used only for--
                    (A) traditional and customary uses; or
                    (B) stewardship conservation for the benefit of the 
                Pueblo for which the trust land is held in trust.
            (2) Criteria.--The Secretary shall work with the Pueblos to 
        develop appropriate criteria for using the trust land in a 
        manner that preserves the trust land for traditional and 
        customary uses or stewardship conservation.
            (3) Limitation.--Beginning on the date of enactment of this 
        title, the trust land shall not be used for any new commercial 
        developments.

SEC. 606. EFFECT.

    Nothing in this title--
            (1) affects any valid right-of-way, lease, permit, mining 
        claim, grazing permit, water right, or other right or interest 
        of a person or entity (other than the United States) that is--
                    (A) in or to the trust land; and
                    (B) in existence before the date of enactment of 
                this title;
            (2) enlarges, impairs, or otherwise affects a right or 
        claim of the Pueblos to any land or interest in land that is--
                    (A) based on Aboriginal or Indian title; and
                    (B) in existence before the date of enactment of 
                this title;
            (3) constitutes an express or implied reservation of water 
        or water right with respect to the trust land; or
            (4) affects any water right of the Pueblos in existence 
        before the date of enactment of this title.

            Passed the Senate November 20 (legislative day, November 
      19), 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                 S. 198

_______________________________________________________________________

                                 AN ACT

  To require the Secretary of the Interior to establish a program to 
provide assistance through States to eligible weed management entities 
to control or eradicate harmful, nonnative weeds on public and private 
                                 land.