II 109th CONGRESS 2d Session S. 4002 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.

1.

Short title

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

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.

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.

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.

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.

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).

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.

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.

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.

10.

Authorization of appropriations

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