[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4002 Introduced in Senate (IS)]







109th CONGRESS
  2d Session
                                S. 4002

To establish the Canyon Ferry National Recreation Area in the State of 
Montana, to establish the Canyon Ferry Recreation Management Fund, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Canyon Ferry National Recreation Area in the State of 
Montana, to establish the Canyon Ferry Recreation Management Fund, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Canyon Ferry National Recreation 
Area Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Canyon Ferry Unit Dam--
                    (A) was authorized by the Flood Control Act of 1944 
                (58 Stat. 891, chapter 665); and
                    (B) is operated by the Bureau of Reclamation;
            (2) the Canyon Ferry Reservoir--
                    (A) covers approximately 33,500 acres;
                    (B) has 96 miles of shoreline;
                    (C) encompasses 9,360 acres of developed and 
                undeveloped recreation land;
                    (D) is located approximately 17 miles east of 
                Helena, Montana; and
                    (E) has become an important regional recreation 
                destination;
            (3) the growing recreational use at the Canyon Ferry 
        Reservoir generates revenue that is important to local 
        economies; and
            (4) multiple jurisdictions currently manage that important 
        public land.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide high quality recreational facilities and 
        services on the land surrounding the Canyon Ferry Reservoir;
            (2) to conserve the scenic, scientific, historic, and other 
        resource values contributing to the public use and enjoyment of 
        that land and water;
            (3) to promote cooperation between the Federal Government 
        and private entities to manage that exceptional resource;
            (4) to authorize the Secretary to manage certain resources; 
        and
            (5) to transfer to the Secretary, without consideration, 
        administrative jurisdiction over certain Federal land for 
        management as a unit of the National Forest System.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cooperator.--The term ``cooperator'' means any--
                    (A) Federal agency;
                    (B) State, local, or tribal government;
                    (C) public or private agency;
                    (D) nonprofit organization;
                    (E) institution (including any educational 
                institution);
                    (F) small or local business;
                    (G) corporation;
                    (H) individual; and
                    (I) other legal entity located within the United 
                States.
            (2) Dam.--The term ``Dam'' means--
                    (A) the Canyon Ferry Unit Dam; and
                    (B) any facility relating to the Canyon Ferry Unit 
                Dam.
            (3) Fund.--The term ``Fund'' means the Canyon Ferry 
        Management Fund established by section 9(a).
            (4) National forest system land.--The term ``National 
        Forest System land'' means land included in the National Forest 
        System (as defined in section 11(a) of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
            (5) Recreation area.--The term ``Recreation Area'' means 
        the Canyon Ferry National Recreational Area designated by 
        section 4(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) State.--The term ``State'' means the State of Montana.

SEC. 4. ESTABLISHMENT.

    (a) In General.--Certain Federal land managed by the Forest 
Service, as generally depicted on the map entitled ``Canyon Ferry 
National Recreation Area'', dated June 2006, is designated as the 
``Canyon Ferry National Recreation Area''.
    (b) Public Availability.--The map described in subsection (a) shall 
be filed and made available for public inspection--
            (1) in the Office of the Forest Supervisor of the Helena 
        National Forest; and
            (2) on the Internet.

SEC. 5. MANAGEMENT.

    (a) In General.--Subject to the authority of the Secretary of the 
Interior under section 6, the Secretary shall manage the Recreation 
Area to establish and provide for--
            (1) public recreational opportunities in the Recreation 
        Area (including hunting and fishing);
            (2) scenic, scientific, historic, and other resource values 
        contributing to the public use and enjoyment of the Recreation 
        Area; and
            (3) other uses in the Recreation Area.
    (b) Applicable Law.--Subject to valid existing rights, the 
Secretary shall administer the Recreation Area in accordance with laws 
(including regulations) applicable to units of the National Forest 
System.
    (c) Waters.--
            (1) Effect.--Nothing in this Act affects the jurisdiction 
        of the Commissioner of Reclamation to manage and regulate water 
        levels that are--
                    (A) located on the Missouri River; and
                    (B) subject to flowage easements.
            (2) Limitation of management authority.--The Secretary 
        shall manage all Forest System land in the Recreation Area, as 
        depicted on the map described in section 4(a).
    (d) Campgrounds and Airports.--
            (1) Authority of secretary.--In accordance with section 
        1005 of the Omnibus Consolidated and Emergency Supplemental 
        Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
        715), the Secretary of the Interior shall manage--
                    (A) Indian Road Campground;
                    (B) Cottonwood Campground; and
                    (C) the Canyon Ferry Airport.
            (2) Existing agreements.--To benefit the interests of the 
        public, the Secretary shall act in accordance with any 
        agreement in existence on the date of enactment of this Act 
        with any organization for the management of--
                    (A) campgrounds located in the Recreation Area; and
                    (B) marinas located in the Recreation Area.
    (e) Land Acquisition.--The Secretary may acquire land and interests 
in land by purchase, exchange, donation, or otherwise, with donated or 
appropriated funds.
    (f) Boundaries.--For purposes of section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the 
Recreation Area shall be considered to be a National Forest boundary 
that existed as of January 1, 1965.
    (g) Comprehensive Management Plan.--
            (1) Applicable law.--The Secretary shall develop a 
        management plan for the Recreation Area under paragraph (1) in 
        accordance with the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1600 et seq.).
            (2) Development of plan.--The Secretary may develop a 
        management plan under paragraph (1)--
                    (A) as a separate document; or
                    (B) in conjunction with the next regular update of 
                the management plan for the Helena National Forest.
            (3) Applicability.--Nothing in this Act requires an 
        immediate revision or amendment to any plan for any unit of the 
        National Forest System.
            (4) Use of planning documents.--Until the date on which the 
        Secretary develops a management plan under paragraph (1), the 
        Secretary may use planning documents prepared by the Department 
        of the Interior without further administrative action.
    (h) Withdrawal.--Subject to valid existing rights, all Federal land 
located within the Recreation Area is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing.

SEC. 6. AUTHORITY OF SECRETARY OF THE INTERIOR.

    (a) Hydropower Facilities.--The Commissioner of Reclamation shall 
continue to administer and operate--
            (1) the Dam;
            (2) any power facility relating to the Dam; and
            (3) any land or facility depicted on the map described in 
        section 4(a).
    (b) Residential Areas.--Nothing in this Act affects the authority 
of the Secretary of Interior to carry out title X of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277; 112 Stat. 2681-710) as depicted on the map 
described in section 4(a).

SEC. 7. EXISTING AUTHORIZATIONS.

    (a) In General.--Except as provided in subsections (b) and (c), 
nothing in this Act affects any authorization in effect as of the date 
of enactment of this Act made by any department or agency of the 
Federal Government for the use of land or water located within the 
Recreation Area (referred to in this section as an ``existing 
authorization'').
    (b) Assumption of Existing Authorization.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall--
            (1) assume the administration of any existing 
        authorization; and
            (2) manage the existing authorization in accordance with 
        the terms of that existing authorization.
    (c) Renewal of Existing Authorization.--The renewal of any existing 
authorization shall be made in accordance with such terms and 
conditions as the Secretary may prescribe.

SEC. 8. COOPERATIVE AGREEMENTS.

    (a) In General.--Notwithstanding chapter 63 of title 31, United 
States Code, the Secretary may enter into cooperative agreements 
(including agreements providing for the sharing of costs of activities 
or services otherwise authorized by law) with 1 or more cooperators 
for--
            (1) the construction, maintenance, improvement, or 
        operation of any facility not under the jurisdiction of the 
        Administrator of General Services that is located on or in the 
        vicinity of--
                    (A) land managed by the Forest Service;
                    (B) land administered by any other public entity; 
                or
                    (C) private land;
            (2) the development, production, publishing, distribution, 
        or sale of educational and interpretive materials and products;
            (3) the sale, on or in the vicinity of land managed by the 
        Forest Service, of--
                    (A) health and safety convenience products;
                    (B) photography supplies; or
                    (C) other related items (as determined by the 
                Secretary);
            (4) the collection, on behalf of the cooperators that are 
        parties to the cooperative agreement, of funds from the sale 
        of--
                    (A) materials;
                    (B) products; and
                    (C) services;
            (5) the restoration and maintenance of the ecological 
        integrity of National Forest System land; and
            (6) the operation and maintenance of any recreation 
        facility located on National Forest System land.
    (b) Terms and Conditions.--
            (1) In general.--Subject to paragraph (2), a cooperative 
        agreement entered into under subsection (a)--
                    (A) shall, at a minimum, require terms and 
                conditions that protect public investments, including 
                terms and conditions that--
                            (i) relate to the ownership and operation 
                        of any facility or improvement covered by the 
                        cooperative agreement; and
                            (ii) are mutually agreed to by the 
                        Secretary and the cooperators that are parties 
                        to the cooperative agreement; and
                    (B) may provide terms and conditions that describe 
                the manner by which costs shall be shared between the 
                Secretary and the cooperators that are parties to the 
                cooperative agreement, including--
                            (i) the acceptance of any in-kind 
                        contribution; and
                            (ii) the contribution of any volunteer 
                        service.
            (2) Exception.--The Secretary shall not enter into a 
        cooperative agreement under subsection (a) if the purposes 
        described in subsection (a) may be satisfied by--
                    (A) entering into a procurement contract or 
                providing a grant under chapter 63 of title 31, United 
                States Code; or
                    (B) providing a special use authorization.
    (c) Treatment of Contribution of Volunteers.--The value of services 
performed by persons who volunteer services to the Forest Service and 
who are recruited, trained, and supported by a cooperator that is a 
party to a cooperative agreement under subsection (a) may be considered 
to be an in-kind contribution of the cooperator for the purposes of 
cost sharing under subsection (a).
    (d) Funds Collected by Cooperators.--
            (1) In general.--Funds collected under an agreement under 
        subsection (a) from the sale of materials, products, or 
        programs on behalf of a cooperator shall not be considered to 
        be the property of the United States.
            (2) Forwarding of funds.--The Secretary shall forward to 
        the appropriate cooperator any funds described in paragraph 
        (1).
    (e) Advancement or Reimbursement of Funds.--
            (1) In general.--Subject to paragraph (2), and in 
        accordance with a cooperative agreement entered into under 
        subsection (a), the Secretary may--
                    (A) advance or reimburse funds to an appropriate 
                cooperator from any appropriation of the Forest Service 
                that is available for similar work; and
                    (B) furnish to the cooperator any supplies, 
                facilities, or equipment.
            (2) Conditions for advancement.--The Secretary may advance 
        funds to a cooperator under paragraph (1)(A) if--
                    (A) the advancement represents the share of the 
                Secretary of any costs, activities, or services under a 
                cooperative agreement entered into under subsection 
                (a); and
                    (B) the cooperator is not obligated to reimburse 
                the Secretary for those costs, activities, or services.

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Donations.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may accept donations of funds, property, or 
        services from any--
                    (A) individual;
                    (B) foundation;
                    (C) corporation; or
                    (D) public entity.
            (2) Authorized uses.--The Secretary shall use donations of 
        funds, property, or services accepted under paragraph (1) for--
                    (A) capital improvements in the Recreation Area;
                    (B) facility enhancements and repair of the 
                Recreation Area;
                    (C) operation and maintenance of the Recreation 
                Area;
                    (D) the provision of--
                            (i) visitor access to the Recreation Area;
                            (ii) visitor services and information 
                        relating to the Recreation Area; and
                            (iii) interpretation of and education 
                        relating to the Recreation Area;
                    (E) maintenance of trails in proximity to the 
                Recreation Area;
                    (F) ensuring the health and safety needs of 
                visitors of the Recreation Area;
                    (G) habitat restoration relating to wildlife-
                dependent recreation, including--
                            (i) hunting;
                            (ii) fishing;
                            (iii) wildlife observation; and
                            (iv) photography; and
                    (H) law enforcement relating to public use of the 
                Recreation Area.
    (b) Cooperating Associations.--To provide services and facilities 
consistent with this Act, the Secretary may enter into grants, 
contracts, and cooperative agreements with--
            (1) the Canyon Ferry Foundation;
            (2) the Helena Forest Foundation; and
            (3) any other organization.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>