[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2739 Enrolled Bill (ENR)]
S.2739
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To authorize certain programs and activities in the Department of the
Interior, the Forest Service, and the Department of Energy, to implement
further the Act approving the Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States
of America, to amend the Compact of Free Association Amendments Act of
2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consolidated
Natural Resources Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOREST SERVICE AUTHORIZATIONS
Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette
National Forest, Oregon, in honor of Jim Weaver, a former
Member of the House of Representatives.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Sec. 201. Piedras Blancas Historic Light Station.
Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area.
Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada.
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
Sec. 301. Cooperative agreements for national park natural resource
protection.
Subtitle B--Boundary Adjustments and Authorizations
Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment.
Sec. 312. Lowell National Historical Park boundary adjustment.
Sec. 313. Minidoka National Historic Site.
Sec. 314. Acadia National Park improvement.
Subtitle C--Studies
Sec. 321. National Park System special resource study, Newtonia Civil
War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial
Military Museum.
Sec. 323. Wolf House study.
Sec. 324. Space Shuttle Columbia study.
Sec. 325. Cesar E. Chavez study.
Sec. 326. Taunton, Massachusetts, special resource study.
Sec. 327. Rim of the Valley Corridor study.
Subtitle D--Memorials, Commissions, and Museums
Sec. 331. Commemorative work to honor Brigadier General Francis Marion
and his family.
Sec. 332. Dwight D. Eisenhower Memorial Commission.
Sec. 333. Commission to Study the Potential Creation of a National
Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration
Commission.
Sec. 335. Sense of Congress regarding the designation of the Museum of
the American Quilter's Society of the United States.
Sec. 336. Sense of Congress regarding the designation of the National
Museum of Wildlife Art of the United States.
Sec. 337. Redesignation of Ellis Island Library.
Subtitle E--Trails and Rivers
Sec. 341. Authorization and administration of Star-Spangled Banner
National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail,
Nebraska.
Sec. 343. Lewis and Clark National Historic Trail extension.
Sec. 344. Wild and scenic River designation, Eightmile River,
Connecticut.
Subtitle F--Denali National Park and Alaska Railroad Exchange
Sec. 351. Denali National Park and Alaska Railroad Corporation exchange.
Subtitle G--National Underground Railroad Network to Freedom Amendments
Sec. 361. Authorizing appropriations for specific purposes.
Subtitle H--Grand Canyon Subcontractors
Sec. 371. Definitions.
Sec. 372. Authorization.
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 404. Management plan.
Sec. 405. Evaluation; report.
Sec. 406. Local coordinating entity.
Sec. 407. Relationship to other Federal agencies.
Sec. 408. Private property and regulatory protections.
Sec. 409. Authorization of appropriations.
Sec. 410. Use of Federal funds from other sources.
Sec. 411. Sunset for grants and other assistance.
Subtitle B--Niagara Falls National Heritage Area
Sec. 421. Purposes.
Sec. 422. Definitions.
Sec. 423. Designation of the Niagara Falls National Heritage Area.
Sec. 424. Management plan.
Sec. 425. Evaluation; report.
Sec. 426. Local coordinating entity.
Sec. 427. Niagara Falls Heritage Area Commission.
Sec. 428. Relationship to other Federal agencies.
Sec. 429. Private property and regulatory protections.
Sec. 430. Authorization of appropriations.
Sec. 431. Use of Federal funds from other sources.
Sec. 432. Sunset for grants and other assistance.
Subtitle C--Abraham Lincoln National Heritage Area
Sec. 441. Purposes.
Sec. 442. Definitions.
Sec. 443. Designation of Abraham Lincoln National Heritage Area.
Sec. 444. Management plan.
Sec. 445. Evaluation; report.
Sec. 446. Local coordinating entity.
Sec. 447. Relationship to other Federal agencies.
Sec. 448. Private property and regulatory protections.
Sec. 449. Authorization of appropriations.
Sec. 450. Use of Federal funds from other sources.
Sec. 451. Sunset for grants and other assistance.
Subtitle D--Authorization Extensions and Viability Studies
Sec. 461. Extensions of authorized appropriations.
Sec. 462. Evaluation and report.
Subtitle E--Technical Corrections and Additions
Sec. 471. National Coal Heritage Area technical corrections.
Sec. 472. Rivers of steel national heritage area addition.
Sec. 473. South Carolina National Heritage Corridor addition.
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 475. New Jersey Coastal Heritage trail route extension of
authorization.
Subtitle F--Studies
Sec. 481. Columbia-Pacific National Heritage Area study.
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS
Sec. 501. Alaska water resources study.
Sec. 502. Renegotiation of payment schedule, Redwood Valley County Water
District.
Sec. 503. American River Pump Station Project transfer.
Sec. 504. Arthur V. Watkins Dam enlargement.
Sec. 505. New Mexico water planning assistance.
Sec. 506. Conveyance of certain buildings and lands of the Yakima
Project, Washington.
Sec. 507. Conjunctive use of surface and groundwater in Juab County,
Utah.
Sec. 508. Early repayment of A & B Irrigation District construction
costs.
Sec. 509. Oregon water resources.
Sec. 510. Republican River Basin feasibility study.
Sec. 511. Eastern Municipal Water District.
Sec. 512. Bay Area regional water recycling program.
Sec. 513. Bureau of Reclamation site security.
Sec. 514. More water, more energy, and less waste.
Sec. 515. Platte River Recovery Implementation Program and Pathfinder
Modification Project authorization.
Sec. 516. Central Oklahoma Master Conservatory District feasibility
study.
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
Sec. 601. Energy technology transfer.
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988.
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
Sec. 701. Statement of congressional intent.
Sec. 702. Immigration reform for the Commonwealth.
Sec. 703. Further amendments to Public Law 94-241.
Sec. 704. Authorization of appropriations.
Sec. 705. Effective date.
Subtitle B--Northern Mariana Islands Delegate
Sec. 711. Delegate to House of Representatives from Commonwealth of the
Northern Mariana Islands.
Sec. 712. Election of Delegate.
Sec. 713. Qualifications for Office of Delegate.
Sec. 714. Determination of election procedure.
Sec. 715. Compensation, privileges, and immunities.
Sec. 716. Lack of effect on covenant.
Sec. 717. Definition.
Sec. 718. Conforming amendments regarding appointments to military
service academies by Delegate from the Commonwealth of the
Northern Mariana Islands.
TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS
Sec. 801. Approval of Agreements.
Sec. 802. Funds to facilitate Federal activities.
Sec. 803. Conforming amendment.
Sec. 804. Clarifications regarding Palau.
Sec. 805. Availability of legal services.
Sec. 806. Technical amendments.
Sec. 807. Transmission of videotape programming.
Sec. 808. Palau road maintenance.
Sec. 809. Clarification of tax-free status of trust funds.
Sec. 810. Transfer of naval vessels to certain foreign recipients.
TITLE I--FOREST SERVICE AUTHORIZATIONS
SEC. 101. WILD SKY WILDERNESS.
(a) Additions to the National Wilderness Preservation System.--
(1) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System: certain
lands which comprise approximately 106,000 acres, as generally
depicted on a map entitled ``Wild Sky Wilderness Proposal'' and
dated February 6, 2007, which shall be known as the ``Wild Sky
Wilderness''.
(2) Map and legal descriptions.--As soon as practicable after
the date of enactment of this Act, the Secretary of Agriculture
shall file a map and a legal description for the wilderness area
designated under this section with the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives. The map and description
shall have the same force and effect as if included in this
section, except that the Secretary of Agriculture may correct
clerical and typographical errors in the legal description and map.
The map and legal description shall be on file and available for
public inspection in the office of the Chief of the Forest Service,
Department of Agriculture.
(b) Administration Provisions.--
(1) In general.--
(A) Subject to valid existing rights, lands designated as
wilderness by this section shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this section, except that, with respect to
any wilderness areas designated by this section, any reference
in the Wilderness Act to the effective date of the Wilderness
Act shall be deemed to be a reference to the date of enactment
of this Act.
(B) To fulfill the purposes of this section and the
Wilderness Act and to achieve administrative efficiencies, the
Secretary of Agriculture may manage the area designated by this
section as a comprehensive part of the larger complex of
adjacent and nearby wilderness areas.
(2) New trails.--
(A) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for Forest
Service lands in order to develop--
(i) a system of hiking and equestrian trails within the
wilderness designated by this section in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) a system of trails adjacent to or to provide
access to the wilderness designated by this section.
(B) Within 2 years after the date of enactment of this Act,
the Secretary of Agriculture shall complete a report on the
implementation of the trail plan required under this section.
This report shall include the identification of priority trails
for development.
(3) Repeater site.--Within the Wild Sky Wilderness, the
Secretary of Agriculture is authorized to use helicopter access to
construct and maintain a joint Forest Service and Snohomish County
telecommunications repeater site, in compliance with a Forest
Service approved communications site plan, for the purposes of
improving communications for safety, health, and emergency
services.
(4) Float plane access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on
Lake Isabel, where such use has already become established, shall
be permitted to continue subject to such reasonable restrictions as
the Secretary of Agriculture determines to be desirable.
(5) Evergreen mountain lookout.--The designation under this
section shall not preclude the operation and maintenance of the
existing Evergreen Mountain Lookout in the same manner and degree
in which the operation and maintenance of such lookout was
occurring as of the date of enactment of this Act.
(c) Authorization for Land Acquisition.--
(1) In general.--The Secretary of Agriculture is authorized to
acquire lands and interests therein, by purchase, donation, or
exchange, and shall give priority consideration to those lands
identified as ``Priority Acquisition Lands'' on the map described
in subsection (a)(1). The boundaries of the Mt. Baker-Snoqualmie
National Forest and the Wild Sky Wilderness shall be adjusted to
encompass any lands acquired pursuant to this section.
(2) Access.--Consistent with section 5(a) of the Wilderness Act
(16 U.S.C. 1134(a)), the Secretary of Agriculture shall ensure
adequate access to private inholdings within the Wild Sky
Wilderness.
(3) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise
out of designation as a wilderness area as a result of this
section.
(d) Land Exchanges.--The Secretary of Agriculture shall exchange
lands and interests in lands, as generally depicted on a map entitled
``Chelan County Public Utility District Exchange'' and dated May 22,
2002, with the Chelan County Public Utility District in accordance with
the following provisions:
(1) If the Chelan County Public Utility District, within 90
days after the date of enactment of this Act, offers to the
Secretary of Agriculture approximately 371.8 acres within the Mt.
Baker-Snoqualmie National Forest in the State of Washington, the
Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of Agriculture to
such lands and interests therein, the Secretary of Agriculture
shall convey to the Chelan County Public Utility District a
permanent easement, including helicopter access, consistent with
such levels as used as of the date of enactment of this Act, to
maintain an existing telemetry site to monitor snow pack on 1.82
acres on the Wenatchee National Forest in the State of Washington.
(3) The exchange directed by this section shall be consummated
if Chelan County Public Utility District conveys title acceptable
to the Secretary and provided there is no hazardous material on the
site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry site
to monitor the snow pack for calculating expected runoff into the
Lake Chelan hydroelectric project and the hydroelectric projects in
the Columbia River Basin, the Secretary shall be notified in
writing and the easement shall be extinguished and all rights
conveyed by this exchange shall revert to the United States.
SEC. 102. DESIGNATION OF NATIONAL RECREATIONAL TRAIL, WILLAMETTE
NATIONAL FOREST, OREGON, IN HONOR OF JIM WEAVER, A FORMER MEMBER
OF THE HOUSE OF REPRESENTATIVES.
(a) Designation.--Forest Service trail number 3590 in the
Willamette National Forest in Lane County, Oregon, which is a 19.6 mile
trail that begins and ends at North Waldo Campground and
circumnavigates Waldo Lake, is hereby designated as a national
recreation trail under section 4 of the National Trails System Act (16
U.S.C. 1243) and shall be known as the ``Jim Weaver Loop Trail''.
(b) Interpretive Sign.--Using funds available for the Forest
Service, the Secretary of Agriculture shall prepare, install, and
maintain an appropriate sign at the trailhead of the Jim Weaver Loop
Trail to indicate the name of the trail and to provide information
regarding the life and career of Congressman Jim Weaver.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT STATION.
(a) Definitions.--In this section:
(1) Light station.--The term ``Light Station'' means Piedras
Blancas Light Station.
(2) Outstanding natural area.--The term ``Outstanding Natural
Area'' means the Piedras Blancas Historic Light Station Outstanding
Natural Area established pursuant to subsection (c).
(3) Public lands.--The term ``public lands'' has the meaning
stated in section 103(e) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1703(e)).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Findings.--Congress finds as follows:
(1) The publicly owned Piedras Blancas Light Station has
nationally recognized historical structures that should be
preserved for present and future generations.
(2) The coastline adjacent to the Light Station is
internationally recognized as having significant wildlife and
marine habitat that provides critical information to research
institutions throughout the world.
(3) The Light Station tells an important story about
California's coastal prehistory and history in the context of the
surrounding region and communities.
(4) The coastal area surrounding the Light Station was
traditionally used by Indian people, including the Chumash and
Salinan Indian tribes.
(5) The Light Station is historically associated with the
nearby world-famous Hearst Castle (Hearst San Simeon State
Historical Monument), now administered by the State of California.
(6) The Light Station represents a model partnership where
future management can be successfully accomplished among the
Federal Government, the State of California, San Luis Obispo
County, local communities, and private groups.
(7) Piedras Blancas Historic Light Station Outstanding Natural
Area would make a significant addition to the National Landscape
Conservation System administered by the Department of the
Interior's Bureau of Land Management.
(8) Statutory protection is needed for the Light Station and
its surrounding Federal lands to ensure that it remains a part of
our historic, cultural, and natural heritage and to be a source of
inspiration for the people of the United States.
(c) Designation of the Piedras Blancas Historic Light Station
Outstanding Natural Area.--
(1) In general.--In order to protect, conserve, and enhance for
the benefit and enjoyment of present and future generations the
unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of certain
lands in and around the Piedras Blancas Light Station, in San Luis
Obispo County, California, while allowing certain recreational and
research activities to continue, there is established, subject to
valid existing rights, the Piedras Blancas Historic Light Station
Outstanding Natural Area.
(2) Maps and legal descriptions.--The boundaries of the
Outstanding Natural Area as those shown on the map entitled
``Piedras Blancas Historic Light Station: Outstanding Natural
Area'', dated May 5, 2004, which shall be on file and available for
public inspection in the Office of the Director, Bureau of Land
Management, United States Department of the Interior, and the State
office of the Bureau of Land Management in the State of California.
(3) Basis of management.--The Secretary shall manage the
Outstanding Natural Area as part of the National Landscape
Conservation System to protect the resources of the area, and shall
allow only those uses that further the purposes for the
establishment of the Outstanding Natural Area, the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and
other applicable laws.
(4) Withdrawal.--Subject to valid existing rights, and in
accordance with the existing withdrawal as set forth in Public Land
Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register
52149), the Federal lands and interests in lands included within
the Outstanding Natural Area are hereby withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the public land
mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
(d) Management of the Piedras Blancas Historic Light Station
Outstanding Natural Area.--
(1) In general.--The Secretary shall manage the Outstanding
Natural Area in a manner that conserves, protects, and enhances the
unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of that
area, including an emphasis on preserving and restoring the Light
Station facilities, consistent with the requirements of subsection
(c)(3).
(2) Uses.--Subject to valid existing rights, the Secretary
shall only allow such uses of the Outstanding Natural Area as the
Secretary finds are likely to further the purposes for which the
Outstanding Natural Area is established as set forth in subsection
(c)(1).
(3) Management plan.--Not later than 3 years after of the date
of enactment of this Act, the Secretary shall complete a
comprehensive management plan consistent with the requirements of
section 202 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712) to provide long-term management guidance for the
public lands within the Outstanding Natural Area and fulfill the
purposes for which it is established, as set forth in subsection
(c)(1). The management plan shall be developed in consultation with
appropriate Federal, State, and local government agencies, with
full public participation, and the contents shall include--
(A) provisions designed to ensure the protection of the
resources and values described in subsection (c)(1);
(B) objectives to restore the historic Light Station and
ancillary buildings;
(C) an implementation plan for a continuing program of
interpretation and public education about the Light Station and
its importance to the surrounding community;
(D) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding
Natural Area as described in paragraph (1) and with other
proposed management activities to accommodate visitors and
researchers to the Outstanding Natural Area; and
(E) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and
long-term scientific uses of the resources, giving priority to
the enforcement of the Archaeological Resources Protection Act
of 1979 (16 U.S.C. 470aa et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding
Natural Area.
(4) Cooperative agreements.--In order to better implement the
management plan and to continue the successful partnerships with
the local communities and the Hearst San Simeon State Historical
Monument, administered by the California Department of Parks and
Recreation, the Secretary may enter into cooperative agreements
with the appropriate Federal, State, and local agencies pursuant to
section 307(b) of the Federal Land Management Policy and Management
Act of 1976 (43 U.S.C. 1737(b)).
(5) Research activities.--In order to continue the successful
partnership with research organizations and agencies and to assist
in the development and implementation of the management plan, the
Secretary may authorize within the Outstanding Natural Area
appropriate research activities for the purposes identified in
subsection (c)(1) and pursuant to section 307(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)).
(6) Acquisition.--State and privately held lands or interests
in lands adjacent to the Outstanding Natural Area and identified as
appropriate for acquisition in the management plan may be acquired
by the Secretary as part of the Outstanding Natural Area only by--
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the outstanding natural area.--Any lands or
interest in lands adjacent to the Outstanding Natural Area acquired
by the United States after the date of enactment of this Act shall
be added to and administered as part of the Outstanding Natural
Area.
(8) Overflights.--Nothing in this section or the management
plan shall be construed to--
(A) restrict or preclude overflights, including low level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding
Natural Area;
(B) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of military
flight training routes over the Outstanding Natural Area; or
(C) modify regulations governing low-level overflights
above the adjacent Monterey Bay National Marine Sanctuary.
(9) Law enforcement activities.--Nothing in this section shall
be construed to preclude or otherwise affect coastal border
security operations or other law enforcement activities by the
Coast Guard or other agencies within the Department of Homeland
Security, the Department of Justice, or any other Federal, State,
and local law enforcement agencies within the Outstanding Natural
Area.
(10) Native american uses and interests.--In recognition of the
past use of the Outstanding Natural Area by Indians and Indian
tribes for traditional cultural and religious purposes, the
Secretary shall ensure access to the Outstanding Natural Area by
Indians and Indian tribes for such traditional cultural and
religious purposes. In implementing this subsection, the Secretary,
upon the request of an Indian tribe or Indian religious community,
shall temporarily close to the general public use of one or more
specific portions of the Outstanding Natural Area in order to
protect the privacy of traditional cultural and religious
activities in such areas by the Indian tribe or Indian religious
community. Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for such
purposes. Such access shall be consistent with the purpose and
intent of Public Law 95-341 (42 U.S.C. 1996 et seq.; commonly
referred to as the ``American Indian Religious Freedom Act'').
(11) No buffer zones.--The designation of the Outstanding
Natural Area is not intended to lead to the creation of protective
perimeters or buffer zones around area. The fact that activities
outside the Outstanding Natural Area and not consistent with the
purposes of this section can be seen or heard within the
Outstanding Natural Area shall not, of itself, preclude such
activities or uses up to the boundary of the Outstanding Natural
Area.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 202. JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.
(a) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means the
management plan developed under subsection (c)(1).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse Outstanding Natural Area'' and dated October 29,
2007.
(6) Outstanding natural area.--The term ``Outstanding Natural
Area'' means the Jupiter Inlet Lighthouse Outstanding Natural Area
established by subsection (b)(1).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) State.--The term ``State'' means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse Outstanding
Natural Area.--
(1) Establishment.--Subject to valid existing rights, there is
established for the purposes described in paragraph (2) the Jupiter
Inlet Lighthouse Outstanding Natural Area, the boundaries of which
are depicted on the map.
(2) Purposes.--The purposes of the Outstanding Natural Area are
to protect, conserve, and enhance the unique and nationally
important historic, natural, cultural, scientific, educational,
scenic, and recreational values of the Federal land surrounding the
Lighthouse for the benefit of present generations and future
generations of people in the United States, while--
(A) allowing certain recreational and research activities
to continue in the Outstanding Natural Area; and
(B) ensuring that Coast Guard operations and activities are
unimpeded within the boundaries of the Outstanding Natural
Area.
(3) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Bureau of Land Management.
(4) Withdrawal.--
(A) In general.--Subject to valid existing rights,
subsection (e), and any existing withdrawals under the
Executive orders and public land order described in
subparagraph (B), the Federal land and any interests in the
Federal land included in the Outstanding Natural Area are
withdrawn from--
(i) all forms of entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent under the mining laws;
and
(iii) operation of the mineral leasing and geothermal
leasing laws and the mineral materials laws.
(B) Description of executive orders.--The Executive orders
and public land order described in subparagraph (A) are--
(i) the Executive Order dated October 22, 1854;
(ii) Executive Order No. 4254 (June 12, 1925); and
(iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Commandant, shall develop a comprehensive management plan in
accordance with section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to--
(A) provide long-term management guidance for the public
land in the Outstanding Natural Area; and
(B) ensure that the Outstanding Natural Area fulfills the
purposes for which the Outstanding Natural Area is established.
(2) Consultation; public participation.--The management plan
shall be developed--
(A) in consultation with appropriate Federal, State,
county, and local government agencies, the Commandant, the
Local Partners, and other partners; and
(B) in a manner that ensures full public participation.
(3) Existing plans.--The management plan shall, to the maximum
extent practicable, be consistent with existing resource plans,
policies, and programs.
(4) Inclusions.--The management plan shall include--
(A) objectives and provisions to ensure--
(i) the protection and conservation of the resource
values of the Outstanding Natural Area; and
(ii) the restoration of native plant communities and
estuaries in the Outstanding Natural Area, with an emphasis
on the conservation and enhancement of healthy, functioning
ecological systems in perpetuity;
(B) objectives and provisions to maintain or recreate
historic structures;
(C) an implementation plan for a program of interpretation
and public education about the natural and cultural resources
of the Lighthouse, the public land surrounding the Lighthouse,
and associated structures;
(D) a proposal for administrative and public facilities to
be developed or improved that--
(i) are compatible with achieving the resource
objectives for the Outstanding Natural Area described in
subsection (d)(1)(A)(ii); and
(ii) would accommodate visitors to the Outstanding
Natural Area;
(E) natural and cultural resource management strategies for
the Outstanding Natural Area, to be developed in consultation
with appropriate departments of the State, the Local Partners,
and the Commandant, with an emphasis on resource conservation
in the Outstanding Natural Area and the interpretive,
educational, and long-term scientific uses of the resources;
and
(F) recreational use strategies for the Outstanding Natural
Area, to be prepared in consultation with the Local Partners,
appropriate departments of the State, and the Coast Guard, with
an emphasis on passive recreation.
(5) Interim plan.--Until a management plan is adopted for the
Outstanding Natural Area, the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the Jupiter
Inlet Coordinated Resource Management Plan) shall be in effect.
(d) Management of the Jupiter Inlet Lighthouse Outstanding Natural
Area.--
(1) Management.--
(A) In general.--The Secretary, in consultation with the
Local Partners and the Commandant, shall manage the Outstanding
Natural Area--
(i) as part of the National Landscape Conservation
System;
(ii) in a manner that conserves, protects, and enhances
the unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational
values of the Outstanding Natural Area, including an
emphasis on the restoration of native ecological systems;
and
(iii) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable laws.
(B) Limitation.--In managing the Outstanding Natural Area,
the Secretary shall not take any action that precludes,
prohibits, or otherwise affects the conduct of ongoing or
future Coast Guard operations or activities on lots 16 and 18,
as depicted on the map.
(2) Uses.--Subject to valid existing rights and subsection (e),
the Secretary shall only allow uses of the Outstanding Natural Area
that the Secretary, in consultation with the Commandant and Local
Partners, determines would likely further the purposes for which
the Outstanding Natural Area is established.
(3) Cooperative agreements.--To facilitate implementation of
the management plan and to continue the successful partnerships
with local communities and other partners, the Secretary may, in
accordance with section 307(b) of the Federal Land Management
Policy and Management Act of 1976 (43 U.S.C. 1737(b)), enter into
cooperative agreements with the appropriate Federal, State, county,
other local government agencies, and other partners (including the
Loxahatchee River Historical Society) for the long-term management
of the Outstanding Natural Area.
(4) Research activities.--To continue successful research
partnerships, pursue future research partnerships, and assist in
the development and implementation of the management plan, the
Secretary may, in accordance with section 307(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)),
authorize the conduct of appropriate research activities in the
Outstanding Natural Area for the purposes described in subsection
(b)(2).
(5) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire for inclusion in the Outstanding Natural Area any
State or private land or any interest in State or private land
that is--
(i) adjacent to the Outstanding Natural Area; and
(ii) identified in the management plan as appropriate
for acquisition.
(B) Means of acquisition.--Land or an interest in land may
be acquired under subparagraph (A) only by donation, exchange,
or purchase from a willing seller with donated or appropriated
funds.
(C) Additions to the outstanding natural area.--Any land or
interest in land adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act under subparagraph (A) shall be added to, and
administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities.--Nothing in this section, the
management plan, or the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the Jupiter
Inlet Coordinated Resource Management Plan) precludes, prohibits,
or otherwise affects--
(A) any maritime security, maritime safety, or
environmental protection mission or activity of the Coast
Guard;
(B) any border security operation or law enforcement
activity by the Department of Homeland Security or the
Department of Justice; or
(C) any law enforcement activity of any Federal, State, or
local law enforcement agency in the Outstanding Natural Area.
(7) Future disposition of coast guard facilities.--If the
Commandant determines, after the date of enactment of this Act,
that Coast Guard facilities within the Outstanding Natural Area
exceed the needs of the Coast Guard, the Commandant may relinquish
the facilities to the Secretary without removal, subject only to
any environmental remediation that may be required by law.
(e) Effect on Ongoing and Future Coast Guard Operations.--Nothing
in this section, the management plan, or the Jupiter Inlet Coordinated
Resource Management Plan (including updates or amendments to the
Jupiter Inlet Coordinated Resource Management Plan) precludes,
prohibits, or otherwise affects ongoing or future Coast Guard
operations or activities in the Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the Coast
Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance of,
and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot 18;
(4) the existing lease of the Jupiter Inlet Lighthouse on lot
18 from the Coast Guard to the Loxahatchee River Historical
Society; or
(5) any easements or other less-than-fee interests in property
appurtenant to existing Coast Guard facilities on lots 16 and 18.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 203. NEVADA NATIONAL GUARD LAND CONVEYANCE, CLARK COUNTY,
NEVADA.
(a) In General.--Notwithstanding any other provision of law, Clark
County, Nevada, may convey, without consideration, to the Nevada
Division of State Lands for use by the Nevada National Guard
approximately 51 acres of land in Clark County, Nevada, as generally
depicted on the map entitled ``Southern Nevada Readiness Center Act''
and dated October 4, 2005.
(b) Limitation.--If the land described in subsection (a) ceases to
be used by the Nevada National Guard, the land shall revert to Clark
County, Nevada, for management in accordance with the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat.
2343).
TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Cooperative Agreements
SEC. 301. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL RESOURCE
PROTECTION.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') may enter into cooperative agreements
with State, local, or tribal governments, other Federal agencies, other
public entities, educational institutions, private nonprofit
organizations, or participating private landowners for the purpose of
protecting natural resources of units of the National Park System
through collaborative efforts on land inside and outside of National
Park System units.
(b) Terms and Conditions.--A cooperative agreement entered into
under subsection (a) shall provide clear and direct benefits to park
natural resources and--
(1) provide for--
(A) the preservation, conservation, and restoration of
coastal and riparian systems, watersheds, and wetlands;
(B) preventing, controlling, or eradicating invasive exotic
species that are within a unit of the National Park System or
adjacent to a unit of the National Park System; or
(C) restoration of natural resources, including native
wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the
agreement will--
(A) enhance science-based natural resource stewardship at
the unit of the National Park System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical assistance to be
provided by the Secretary or other parties to the agreement in
support of activities inside and outside the unit of the National
Park System that will--
(A) protect natural resources of the unit of the National
Park System; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment and any
other resources that will be contributed by the parties to the
agreement or by other Federal agencies;
(5) describe any financial assistance to be provided by the
Secretary or the partners to implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant to
the agreement is determined by the Secretary to support the
purposes of natural resource stewardship at a unit of the National
Park System; and
(7) include such other terms and conditions as are agreed to by
the Secretary and the other parties to the agreement.
(c) Limitations.--The Secretary shall not use any funds associated
with an agreement entered into under subsection (a) for the purposes of
land acquisition, regulatory activity, or the development, maintenance,
or operation of infrastructure, except for ancillary support facilities
that the Secretary determines to be necessary for the completion of
projects or activities identified in the agreement.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle B--Boundary Adjustments and Authorizations
SEC. 311. CARL SANDBURG HOME NATIONAL HISTORIC SITE BOUNDARY
ADJUSTMENT.
(a) Definitions.--In this section:
(1) Historic site.--The term ``Historic Site'' means Carl
Sandburg Home National Historic Site.
(2) Map.--The term ``map'' means the map entitled ``Sandburg
Center Alternative'' numbered 445/80,017 and dated April 2007.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Acquisition Authority.--The Secretary may acquire from willing
sellers by donation, purchase with donated or appropriated funds, or
exchange not more than 110 acres of land, water, or interests in land
and water, within the area depicted on the map, to be added to the
Historic Site.
(c) Visitor Center.--To preserve the historic character and
landscape of the site, the Secretary may also acquire up to five acres
for the development of a visitor center and visitor parking area
adjacent to or in the general vicinity of the Historic Site.
(d) Boundary Revision.--Upon acquisition of any land or interest in
land under this section, the Secretary shall revise the boundary of the
Historic Site to reflect the acquisition.
(e) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(f) Administration.--Land added to the Historic Site by this
section shall be administered as part of the Historic Site in
accordance with applicable laws and regulations.
SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT.
The Act entitled ``An Act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (Public Law 95-290; 92
Stat. 290; 16 U.S.C. 410cc et seq.) is amended as follows:
(1) In section 101(a), by adding a new paragraph after
paragraph (2) as follows:
``(3) The boundaries of the park are modified to include five
parcels of land identified on the map entitled `Boundary
Adjustment, Lowell National Historical Park,' numbered 475/81,424B
and dated September 2004, and as delineated in section
202(a)(2)(G).''.
(2) In section 202(a)(2), by adding at the end the following
new subparagraph:
``(G) The properties shown on the map identified in
subsection (101)(a)(3) as follows:
``(i) 91 Pevey Street.
``(ii) The portion of 607 Middlesex Place.
``(iii) Eagle Court.
``(iv) The portion of 50 Payne Street.
``(v) 726 Broadway.''.
SEC. 313. MINIDOKA NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of Idaho.
(b) Bainbridge Island Japanese American Memorial.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Minidoka Internment
National Monument, located in the State and established by
Presidential Proclamation 7395 of January 17, 2001, is adjusted
to include the Nidoto Nai Yoni (``Let it not happen again'')
memorial (referred to in this subsection as the ``memorial''),
which--
(i) commemorates the Japanese Americans of Bainbridge
Island, Washington, who were the first to be forcibly
removed from their homes and relocated to internment camps
during World War II under Executive Order No. 9066; and
(ii) consists of approximately 8 acres of land owned by
the City of Bainbridge Island, Washington, as depicted on
the map entitled ``Bainbridge Island Japanese American
Memorial'', numbered 194/80,003, and dated September, 2006.
(B) Map.--The map referred to in subparagraph (A) shall be
kept on file and made available for public inspection in the
appropriate offices of the National Park Service.
(2) Administration of memorial.--
(A) In general.--The memorial shall be administered as part
of the Minidoka Internment National Monument.
(B) Agreements.--To carry out this subsection, the
Secretary may enter into agreements with--
(i) the City of Bainbridge Island, Washington;
(ii) the Bainbridge Island Metropolitan Park and
Recreational District;
(iii) the Bainbridge Island Japanese American Community
Memorial Committee;
(iv) the Bainbridge Island Historical Society; and
(v) other appropriate individuals or entities.
(C) Implementation.--To implement an agreement entered into
under this paragraph, the Secretary may--
(i) enter into a cooperative management agreement
relating to the operation and maintenance of the memorial
with the City of Bainbridge Island, Washington, in
accordance with section 3(l) of Public law 91-383 (16
U.S.C. 1a-2(l)); and
(ii) enter into cooperative agreements with, or make
grants to, the City of Bainbridge Island, Washington, and
other non-Federal entities for the development of
facilities, infrastructure, and interpretive media at the
memorial, if any Federal funds provided by a grant or
through a cooperative agreement are matched with non-
Federal funds.
(D) Administration and visitor use site.--The Secretary may
operate and maintain a site in the State of Washington for
administrative and visitor use purposes associated with the
Minidoka Internment National Monument.
(c) Establishment of Minidoka National Historic Site.--
(1) Definitions.--In this section:
(A) Historic site.--The term ``Historic Site'' means the
Minidoka National Historic Site established by paragraph
(2)(A).
(B) Minidoka map.--The term ``Minidoka Map'' means the map
entitled ``Minidoka National Historic Site, Proposed Boundary
Map'', numbered 194/80,004, and dated December 2006.
(2) Establishment.--
(A) National historic site.--In order to protect, preserve,
and interpret the resources associated with the former Minidoka
Relocation Center where Japanese Americans were incarcerated
during World War II, there is established the Minidoka National
Historic Site.
(B) Minidoka internment national monument.--
(i) In general.--The Minidoka Internment National
Monument (referred to in this subsection as the
``Monument''), as described in Presidential Proclamation
7395 of January 17, 2001, is abolished.
(ii) Incorporation.--The land and any interests in the
land at the Monument are incorporated within, and made part
of, the Historic Site.
(iii) Funds.--Any funds available for purposes of the
Monument shall be available for the Historic Site.
(C) References.--Any reference in a law (other than in this
title), map, regulation, document, record, or other paper of
the United States to the ``Minidoka Internment National
Monument'' shall be considered to be a reference to the
``Minidoka National Historic Site''.
(3) Boundary of historic site.--
(A) Boundary.--The boundary of the Historic Site shall
include--
(i) approximately 292 acres of land, as depicted on the
Minidoka Map; and
(ii) approximately 8 acres of land, as described in
subsection (b)(1)(A)(ii).
(B) Availability of map.--The Minidoka Map shall be on file
and available for public inspection in the appropriate offices
of the National Park Service.
(4) Land transfers and acquisition.--
(A) Transfer from bureau of reclamation.--Administrative
jurisdiction over the land identified on the Minidoka Map as
``BOR parcel 1'' and ``BOR parcel 2'', including any
improvements on, and appurtenances to, the parcels, is
transferred from the Bureau of Reclamation to the National Park
Service for inclusion in the Historic Site.
(B) Transfer from bureau of land management.--
Administrative jurisdiction over the land identified on the
Minidoka Map as ``Public Domain Lands'' is transferred from the
Bureau of Land Management to the National Park Service for
inclusion in the Historic Site, and the portions of any prior
Secretarial orders withdrawing the land are revoked.
(C) Acquisition authority.--The Secretary may acquire any
land or interest in land located within the boundary of the
Historic Site, as depicted on the Minidoka Map, by--
(i) donation;
(ii) purchase with donated or appropriated funds from a
willing seller; or
(iii) exchange.
(5) Administration.--
(A) In general.--The Historic Site shall be administered in
accordance with--
(i) this Act; and
(ii) laws (including regulations) generally applicable
to units of the National Park System, including--
(I) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(II) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(B) Interpretation and education.--
(i) In general.--The Secretary shall interpret--
(I) the story of the relocation of Japanese
Americans during World War II to the Minidoka
Relocation Center and other centers across the United
States;
(II) the living conditions of the relocation
centers;
(III) the work performed by the internees at the
relocation centers; and
(IV) the contributions to the United States
military made by Japanese Americans who had been
interned.
(ii) Oral histories.--To the extent feasible, the
collection of oral histories and testimonials from Japanese
Americans who were confined shall be a part of the
interpretive program at the Historic Site.
(iii) Coordination.--The Secretary shall coordinate the
development of interpretive and educational materials and
programs for the Historic Site with the Manzanar National
Historic Site in the State of California.
(C) Bainbridge island japanese american memorial.--The
Bainbridge Island Japanese American Memorial shall be
administered in accordance with subsection (b)(2).
(D) Continued agricultural use.--In keeping with the
historical use of the land following the decommission of the
Minidoka Relocation Center, the Secretary may issue a special
use permit or enter into a lease to allow agricultural uses
within the Historic Site under appropriate terms and
conditions, as determined by the Secretary.
(6) Disclaimer of interest in land.--
(A) In general.--The Secretary may issue to Jerome County,
Idaho, a document of disclaimer of interest in land for the
parcel identified as ``Tract No. 2''--
(i) in the final order of condemnation, for the case
numbered 2479, filed on January 31, 1947, in the District
Court of the United States, in and for the District of
Idaho, Southern Division; and
(ii) on the Minidoka Map.
(B) Process.--The Secretary shall issue the document of
disclaimer of interest in land under subsection (a) in
accordance with section 315(b) of Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1745(b)).
(C) Effect.--The issuance by the Secretary of the document
of disclaimer of interest in land under subsection (a) shall
have the same effect as a quit-claim deed issued by the United
States.
(d) Conveyance of American Falls Reservoir District Number 2.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means Agreement No.
5-07-10-L1688 between the United States and the District,
entitled ``Agreement Between the United States and the American
Falls Reservoir District No. 2 to Transfer Title to the
Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir
District No. 2''.
(B) District.--The term ``District'' means the American
Falls Reservoir District No. 2, located in Jerome, Lincoln, and
Gooding Counties, of the State.
(2) Authority to convey title.--
(A) In general.--In accordance with all applicable law and
the terms and conditions set forth in the Agreement, the
Secretary may convey--
(i) to the District all right, title, and interest in
and to the land and improvements described in Appendix A of
the Agreement, subject to valid existing rights;
(ii) to the city of Gooding, located in Gooding County,
of the State, all right, title, and interest in and to the
5.0 acres of land and improvements described in Appendix D
of the Agreement; and
(iii) to the Idaho Department of Fish and Game all
right, title, and interest in and to the 39.72 acres of
land and improvements described in Appendix D of the
Agreement.
(B) Compliance with agreement.--All parties to the
conveyance under subparagraph (A) shall comply with the terms
and conditions of the Agreement, to the extent consistent with
this section.
(3) Compliance with other laws.--
(A) In general.--On conveyance of the land and improvements
under paragraph (2)(A)(i), the District shall comply with all
applicable Federal, State, and local laws (including
regulations) in the operation of each facility transferred.
(B) Applicable authority.--Nothing in this subsection
modifies or otherwise affects the applicability of Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.)) to project water provided to the
District.
(4) Revocation of withdrawals.--
(A) In general.--The portions of the Secretarial Orders
dated March 18, 1908, October 7, 1908, September 29, 1919,
October 22, 1925, March 29, 1927, July 23, 1927, and May 7,
1963, withdrawing the approximately 6,900 acres described in
Appendix E of the Agreement for the purpose of the Gooding
Division of the Minidoka Project, are revoked.
(B) Management of withdrawn land.--The Secretary, acting
through the Director of the Bureau of Land Management, shall
manage the withdrawn land described in subparagraph (A) subject
to valid existing rights.
(5) Liability.--
(A) In general.--Subject to subparagraph (B), upon
completion of a conveyance under paragraph (2), the United
States shall not be liable for damages of any kind for any
injury arising out of an act, omission, or occurrence relating
to the land (including any improvements to the land) conveyed
under the conveyance.
(B) Exception.--Subparagraph (A) shall not apply to
liability for damages resulting from an injury caused by any
act of negligence committed by the United States (or by any
officer, employee, or agent of the United States) before the
date of completion of the conveyance.
(C) Federal tort claims act.--Nothing in this paragraph
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code.
(6) Future benefits.--
(A) Responsibility of the district.--After completion of
the conveyance of land and improvements to the District under
paragraph (2)(A)(i), and consistent with the Agreement, the
District shall assume responsibility for all duties and costs
associated with the operation, replacement, maintenance,
enhancement, and betterment of the transferred land (including
any improvements to the land).
(B) Eligibility for federal funding.--
(i) In general.--Except as provided in clause (ii), the
District shall not be eligible to receive Federal funding
to assist in any activity described in subparagraph (A)
relating to land and improvements transferred under
paragraph (2)(A)(i).
(ii) Exception.--Clause (i) shall not apply to any
funding that would be available to a similarly situated
nonreclamation district, as determined by the Secretary.
(7) National environmental policy act.--Before completing any
conveyance under this subsection, the Secretary shall complete all
actions required under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(C) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(D) all other applicable laws (including regulations).
(8) Payment.--
(A) Fair market value requirement.--As a condition of the
conveyance under paragraph (2)(A)(i), the District shall pay
the fair market value for the withdrawn lands to be acquired by
the District, in accordance with the terms of the Agreement.
(B) Grant for building replacement.--As soon as practicable
after the date of enactment of this Act, and in full
satisfaction of the Federal obligation to the District for the
replacement of the structure in existence on that date of
enactment that is to be transferred to the National Park
Service for inclusion in the Minidoka National Historic Site,
the Secretary, acting through the Commissioner of Reclamation,
shall provide to the District a grant in the amount of $52,996,
in accordance with the terms of the Agreement.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT.
(a) Extension of Land Conveyance Authority.--Section 102(d) of
Public Law 99-420 (16 U.S.C. 341 note) is amended by striking paragraph
(2) and inserting the following:
``(2) Federally owned property under jurisdiction of the
Secretary referred to in paragraph (1) of this subsection shall be
conveyed to the towns in which the property is located without
encumbrance and without monetary consideration, except that no town
shall be eligible to receive such lands unless lands within the
Park boundary and owned by the town have been conveyed to the
Secretary.''.
(b) Extension of Acadia National Park Advisory Commission.--
(1) In general.--Section 103(f) of Public Law 99-420 (16 U.S.C.
341 note) is amended by striking ``20'' and inserting ``40''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on September 25, 2006.
(c) Authorization of Appropriations.--Section 106 of Public Law 99-
420 (16 U.S.C. 341 note) is amended by adding the following:
``(c) Additional Funding.--In addition to such sums as have been
heretofore appropriated, there is hereby authorized $10,000,000 for
acquisition of lands and interests therein.''.
(d) Intermodal Transportation Center.--Title I of Public Law 99-420
(16 U.S.C. 341 note) is amended by adding at the end the following new
section:
``SEC. 108. INTERMODAL TRANSPORTATION CENTER.
``(a) In General.--The Secretary may provide assistance in the
planning, construction, and operation of an intermodal transportation
center located outside of the boundary of the Park in the town of
Trenton, Maine to improve the management, interpretation, and visitor
enjoyment of the Park.
``(b) Agreements.--To carry out subsection (a), in administering
the intermodal transportation center, the Secretary may enter into
interagency agreements with other Federal agencies, and,
notwithstanding chapter 63 of title 31, United States Code, cooperative
agreements, under appropriate terms and conditions, with State and
local agencies, and nonprofit organizations--
``(1) to provide exhibits, interpretive services (including
employing individuals to provide such services), and technical
assistance;
``(2) to conduct activities that facilitate the dissemination
of information relating to the Park and the Island Explorer transit
system or any successor transit system;
``(3) to provide financial assistance for the construction of
the intermodal transportation center in exchange for space in the
center that is sufficient to interpret the Park; and
``(4) to assist with the operation and maintenance of the
intermodal transportation center.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary not more than 40 percent of the total cost necessary
to carry out this section (including planning, design and
construction of the intermodal transportation center).
``(2) Operations and maintenance.--There are authorized to be
appropriated to the Secretary not more than 85 percent of the total
cost necessary to maintain and operate the intermodal
transportation center.''.
Subtitle C--Studies
SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, NEWTONIA
CIVIL WAR BATTLEFIELDS, MISSOURI.
(a) Special Resource Study.--The Secretary of the Interior shall
conduct a special resource study relating to the First Battle of
Newtonia in Newton County, Missouri, which occurred on September 30,
1862, and the Second Battle of Newtonia, which occurred on October 28,
1864, during the Missouri Expedition of Confederate General Sterling
Price in September and October 1864.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in the
document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;
(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek National
Battlefield or designating the battlefields and related sites as a
unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek National
Battlefield or their designation as a unit of the National Park
System is likely to have on land within or bordering the
battlefields and related sites that is privately owned at the time
of the study is conducted;
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local governmental
entities, or private and nonprofit organizations; and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance associated
with the alternatives referred to in paragraph (5).
(c) Criteria.--The criteria for the study of areas for potential
inclusion in the National Park System contained in section 8 of Public
Law 91-383 (16 U.S.C. 1a-5) shall apply to the study under subsection
(a).
(d) Transmission to Congress.--Not later than three years after the
date on which funds are first made available for the study under
subsection (a), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 322. NATIONAL PARK SERVICE STUDY REGARDING THE SOLDIERS'
MEMORIAL MILITARY MUSEUM.
(a) Findings.--Congress finds as follows:
(1) The Soldiers' Memorial is a tribute to all veterans located
in the greater St. Louis area, including Southern Illinois.
(2) The current annual budget for the memorial is $185,000 and
is paid for exclusively by the City of St. Louis.
(3) In 1923, the City of St. Louis voted to spend $6,000,000 to
purchase a memorial plaza and building dedicated to citizens of St.
Louis who lost their lives in World War I.
(4) The purchase of the 7 block site exhausted the funds and no
money remained to construct a monument.
(5) In 1933, Mayor Bernard F. Dickmann appealed to citizens and
the city government to raise $1,000,000 to construct a memorial
building and general improvement of the plaza area and the
construction of Soldiers' Memorial began on October 21, 1935.
(6) On October 14, 1936, President Franklin D. Roosevelt
officially dedicated the site.
(7) On Memorial Day in 1938, Mayor Dickmann opened the building
to the public.
(b) Study.--The Secretary of the Interior shall carry out a study
to determine the suitability and feasibility of designating the
Soldiers' Memorial Military Museum, located at 1315 Chestnut, St.
Louis, Missouri, as a unit of the National Park System.
(c) Study Process and Completion.--Section 8(c) of Public Law 91-
383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and completion of
the study required by this section.
(d) Report.--The Secretary shall submit a report describing the
results the study required by this section to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
SEC. 323. WOLF HOUSE STUDY.
(a) In General.--The Secretary shall complete a special resource
study of the Wolf House located on Highway 5 in Norfork, Arkansas, to
determine--
(1) the suitability and feasibility of designating the Wolf
House as a unit of the National Park System; and
(2) the methods and means for the protection and interpretation
of the Wolf House by the National Park Service, other Federal,
State, or local government entities or private or non-profit
organizations.
(b) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 324. SPACE SHUTTLE COLUMBIA STUDY.
(a) Definitions.--In this section:
(1) Memorial.--The term ``memorial'' means a memorial to the
Space Shuttle Columbia that is subject to the study in subsection
(b).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(b) Study of Suitability and Feasibility of Establishing Memorials
to the Space Shuttle Columbia.--
(1) In general.--Not later than 3 years after the date on which
funds are made available, the Secretary shall conduct a special
resource study to determine the feasibility and suitability of
establishing a memorial as a unit or units of the National Park
System to the Space Shuttle Columbia on land in the State of Texas
described in paragraph (2) on which large debris from the Shuttle
was recovered.
(2) Description of land.--The parcels of land referred to in
paragraph (1) are--
(A) the parcel of land owned by the Fredonia Corporation,
located at the southeast corner of the intersection of East
Hospital Street and North Fredonia Street, Nacogdoches, Texas;
(B) the parcel of land owned by Temple Inland Inc., 10
acres of a 61-acre tract bounded by State Highway 83 and Bayou
Bend Road, Hemphill, Texas;
(C) the parcel of land owned by the city of Lufkin, Texas,
located at City Hall Park, 301 Charlton Street, Lufkin, Texas;
and
(D) the parcel of land owned by San Augustine County,
Texas, located at 1109 Oaklawn Street, San Augustine, Texas.
(3) Additional sites.--The Secretary may recommend to Congress
additional sites in the State of Texas relating to the Space
Shuttle Columbia for establishment as memorials to the Space
Shuttle Columbia.
SEC. 325. CESAR E. CHAVEZ STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary of
the Interior (referred to in this section as the ``Secretary'') shall
complete a special resource study of sites in the State of Arizona, the
State of California, and other States that are significant to the life
of Cesar E. Chavez and the farm labor movement in the western United
States to determine--
(1) appropriate methods for preserving and interpreting the
sites; and
(2) whether any of the sites meets the criteria for listing on
the National Register of Historic Places or designation as a
national historic landmark under--
(A) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); or
(B) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) consider the criteria for the study of areas for potential
inclusion in the National Park System under section 8(b)(2) of
Public Law 91-383 (16 U.S.C. 1a-5(b)(2)); and
(2) consult with--
(A) the Cesar E. Chavez Foundation;
(B) the United Farm Workers Union; and
(C) State and local historical associations and societies,
including any State historic preservation offices in the State
in which the site is located.
(c) Report.--On completion of the study, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any recommendations of the Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary''), in consultation with the appropriate
State historic preservation officers, State historical societies, the
city of Taunton, Massachusetts, and other appropriate organizations,
shall conduct a special resources study regarding the suitability and
feasibility of designating certain historic buildings and areas in
Taunton, Massachusetts, as a unit of the National Park System. The
study shall be conducted and completed in accordance with section 8(c)
of Public Law 91-383 (16 U.S.C. 1a-5(c)) and shall include analysis,
documentation, and determinations regarding whether the historic areas
in Taunton--
(1) can be managed, curated, interpreted, restored, preserved,
and presented as an organic whole under management by the National
Park Service or under an alternative management structure;
(2) have an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of American
heritage worthy of recognition, conservation, interpretation, and
continuing use;
(3) reflect traditions, customs, beliefs, and historical events
that are valuable parts of the national story;
(4) provide outstanding opportunities to conserve natural,
historic, cultural, architectural, or scenic features;
(5) provide outstanding recreational and educational
opportunities; and
(6) can be managed by the National Park Service in partnership
with residents, business interests, nonprofit organizations, and
State and local governments to develop a unit of the National Park
System consistent with State and local economic activity.
(b) Report.--Not later than 3 fiscal years after the date on which
funds are first made available for this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the findings, conclusions, and recommendations
of the study required under subsection (a).
(c) Private Property.--The recommendations in the report submitted
pursuant to subsection (b) shall include discussion and consideration
of the concerns expressed by private landowners with respect to
designating certain structures referred to in this section as a unit of
the National Park System.
SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall complete a special resource study
of the area known as the Rim of the Valley Corridor, generally
including the mountains encircling the San Fernando, La Crescenta,
Santa Clarita, Simi, and Conejo Valleys in California, to determine--
(1) the suitability and feasibility of designating all or a
portion of the corridor as a unit of the Santa Monica Mountains
National Recreation Area; and
(2) the methods and means for the protection and interpretation
of this corridor by the National Park Service, other Federal,
State, or local government entities or private or non-profit
organizations.
(b) Documentation.--In conducting the study authorized under
subsection (a), the Secretary shall document--
(1) the process used to develop the existing Santa Monica
Mountains National Recreation Area Fire Management Plan and
Environmental Impact Statement (September 2005); and
(2) all activity conducted pursuant to the plan referred to in
paragraph (1) designed to protect lives and property from wildfire.
(c) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which funds
are made available to carry out this title, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
Subtitle D--Memorials, Commissions, and Museums
SEC. 331. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS
MARION AND HIS FAMILY.
(a) Findings.--The Congress finds the following:
(1) Francis Marion was born in 1732 in St. John's Parish,
Berkeley County, South Carolina. He married Mary Esther Videau on
April 20th, 1786. Francis and Mary Esther Marion had no children,
but raised a son of a relative as their own, and gave the child
Francis Marion's name.
(2) Brigadier General Marion commanded the Williamsburg Militia
Revolutionary force in South Carolina and was instrumental in
delaying the advance of British forces by leading his troops in
disrupting supply lines.
(3) Brigadier General Marion's tactics, which were unheard of
in rules of warfare at the time, included lightning raids on
British convoys, after which he and his forces would retreat into
the swamps to avoid capture. British Lieutenant Colonel Tarleton
stated that ``as for this damned old swamp fox, the devil himself
could not catch him''. Thus, the legend of the ``Swamp Fox'' was
born.
(4) His victory at the Battle of Eutaw Springs in September of
1781 was officially recognized by Congress.
(5) Brigadier General Marion's troops are believed to be the
first racially integrated force fighting for the United States, as
his band was a mix of Whites, Blacks, both free and slave, and
Native Americans.
(6) As a statesman, he represented his parish in the South
Carolina senate as well as his State at the Constitutional
Convention.
(7) Although the Congress has authorized the establishment of
commemorative works on Federal lands in the District of Columbia
honoring such celebrated Americans as George Washington, Thomas
Jefferson, and Abraham Lincoln, the National Capital has no
comparable memorial to Brigadier General Francis Marion for his
bravery and leadership during the Revolutionary War, without which
the United States would not exist.
(8) Brigadier General Marion's legacy must live on. Since 1878,
United States Reservation 18 has been officially referred to as
Marion Park. Located between 4th and 6th Streets, S.E., at the
intersection of E Street and South Carolina Avenue, S.E., in
Washington, DC, the park lacks a formal commemoration to this South
Carolina hero who was important to the initiation of the Nation's
heritage.
(9) The time has come to correct this oversight so that future
generations of Americans will know and understand the preeminent
historical and lasting significance to the Nation of Brigadier
General Marion's contributions. Such a South Carolina hero deserves
to be given the proper recognition.
(b) Authority To Establish Commemorative Work.--The Marion Park
Project, a committee of the Palmetto Conservation Foundation, may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor Brigadier General Francis Marion and
his service.
(c) Compliance With Standards for Commemorative Works.--The
commemorative work authorized by subsection (b) shall be established in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(d) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work
authorized by subsection (b). The Marion Park Project, a committee of
the Palmetto Conservation Foundation, shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
establishment of that commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the commemorative work authorized by subsection
(b) (including the maintenance and preservation amount provided for in
section 8906(b) of title 40, United States Code), or upon expiration of
the authority for the commemorative work under chapter 89 of title 40,
United States Code, there remains a balance of funds received for the
establishment of that commemorative work, the Marion Park Project, a
committee of the Palmetto Conservation Foundation, shall transmit the
amount of the balance to the Secretary of the Treasury for deposit in
the account provided for in section 8906(b)(1) of such title.
(f) Definitions.--For the purposes of this section, the terms
``commemorative work'' and ``the District of Columbia and its
environs'' have the meanings given to such terms in section 8902(a) of
title 40, United States Code.
SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.
Section 8162 of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1274) is amended--
(1) by striking subsection (j) and inserting the following:
``(j) Powers of the Commission.--
``(1) In general.--
``(A) Powers.--The Commission may--
``(i) make such expenditures for services and materials
for the purpose of carrying out this section as the
Commission considers advisable from funds appropriated or
received as gifts for that purpose;
``(ii) solicit and accept contributions to be used in
carrying out this section or to be used in connection with
the construction or other expenses of the memorial;
``(iii) hold hearings and enter into contracts;
``(iv) enter into contracts for specialized or
professional services as necessary to carry out this
section; and
``(v) take such actions as are necessary to carry out
this section.
``(B) Specialized or professional services.--Services under
subparagraph (A)(iv) may be--
``(i) obtained without regard to the provisions of
title 5, United States Code, including section 3109 of that
title; and
``(ii) may be paid without regard to the provisions of
title 5, United States Code, including chapter 51 and
subchapter III of chapter 53 of that title.
``(2) Gifts of property.--The Commission may accept gifts of
real or personal property to be used in carrying out this section,
including to be used in connection with the construction or other
expenses of the memorial.
``(3) Federal cooperation.--At the request of the Commission, a
Federal department or agency may provide any information or other
assistance to the Commission that the head of the Federal
department or agency determines to be appropriate.
``(4) Powers of members and agents.--
``(A) In general.--If authorized by the Commission, any
member or agent of the Commission may take any action that the
Commission is authorized to take under this section.
``(B) Architect.--The Commission may appoint an architect
as an agent of the Commission to--
``(i) represent the Commission on various governmental
source selection and planning boards on the selection of
the firms that will design and construct the memorial; and
``(ii) perform other duties as designated by the
Chairperson of the Commission.
``(C) Treatment.--An authorized member or agent of the
Commission (including an individual appointed under
subparagraph (B)) providing services to the Commission shall be
considered an employee of the Federal Government in the
performance of those services for the purposes of chapter 171
of title 28, United States Code, relating to tort claims.
``(5) Travel.--Each member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Commission.'';
(2) by redesignating subsection (o) as subsection (q); and
(3) by adding after subsection (n) the following:
``(o) Staff and Support Services.--
``(1) Executive director.--There shall be an Executive Director
appointed by the Commission to be paid at a rate not to exceed the
maximum rate of basic pay for level IV of the Executive Schedule.
``(2) Staff.--
``(A) In general.--The staff of the Commission may be
appointed and terminated without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title, relating to classification and General Schedule pay
rates, except that an individual appointed under this paragraph
may not receive pay in excess of the maximum rate of basic pay
for GS-15 of the General Schedule.
``(B) Senior staff.--Notwithstanding subparagraph (A), not
more than 3 staff employees of the Commission (in addition to
the Executive Director) may be paid at a rate not to exceed the
maximum rate of basic pay for level IV of the Executive
Schedule.
``(3) Staff of federal agencies.--On request of the Commission,
the head of any Federal department or agency may detail any of the
personnel of the department or agency to the Commission to assist
the Commission to carry out its duties under this section.
``(4) Federal support.--The Commission shall obtain
administrative and support services from the General Services
Administration on a reimbursable basis. The Commission may use all
contracts, schedules, and acquisition vehicles allowed to external
clients through the General Services Administration.
``(5) Cooperative agreements.--The Commission may enter into
cooperative agreements with Federal agencies, State, local, tribal
and international governments, and private interests and
organizations which will further the goals and purposes of this
section.
``(6) Temporary, intermittent, and part-time services.--
``(A) In general.--The Commission may obtain temporary,
intermittent, and part-time services under section 3109 of
title 5, United States Code, at rates not to exceed the maximum
annual rate of basic pay payable under section 5376 of that
title.
``(B) Non-applicability to certain services.--This
paragraph shall not apply to services under subsection
(j)(1)(A)(iv).
``(7) Volunteer services.--
``(A) In general.--Notwithstanding section 1342 of title
31, United States Code, the Commission may accept and utilize
the services of volunteers serving without compensation.
``(B) Reimbursement.--The Commission may reimburse such
volunteers for local travel and office supplies, and for other
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
``(C) Liability.--
``(i) In general.--Subject to clause (ii), a volunteer
described in subparagraph (A) shall be considered to be a
volunteer for purposes of the Volunteer Protection Act of
1997 (42 U.S.C. 14501 et seq.).
``(ii) Exception.--Section 4(d) of the Volunteer
Protection Act of 1997 (42 U.S.C. 14503(d)) shall not apply
for purposes of a claim against a volunteer described in
subparagraph (A).
``(p) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.''.
SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A NATIONAL
MUSEUM OF THE AMERICAN LATINO.
(a) Establishment of Commission.--
(1) In general.--There is established the Commission to Study
the Potential Creation of a National Museum of the American Latino
(hereafter in this section referred to as the ``Commission'').
(2) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of enactment of
this Act as follows:
(A) The President shall appoint 7 voting members.
(B) The Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate
shall each appoint 3 voting members.
(C) In addition to the members appointed under subparagraph
(B), the Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the Majority Leader of
the Senate, and the Minority Leader of the Senate shall each
appoint 1 nonvoting member.
(3) Qualifications.--Members of the Commission shall be chosen
from among individuals, or representatives of institutions or
entities, who possess either--
(A) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit or cultural
institutions;
(iii) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(iv) experience in studying the issue of the
Smithsonian Institution's representation of American Latino
art, life, history, and culture; or
(v) extensive experience in public or elected service;
or
(B) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
(b) Functions of the Commission.--
(1) Plan of action for establishment and maintenance of
museum.--The Commission shall submit a report to the President and
the Congress containing its recommendations with respect to a plan
of action for the establishment and maintenance of a National
Museum of the American Latino in Washington, DC (hereafter in this
section referred to as the ``Museum'').
(2) Fundraising plan.--The Commission shall develop a
fundraising plan for supporting the creation and maintenance of the
Museum through contributions by the American people, and a separate
plan on fundraising by the American Latino community.
(3) Report on issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution),
and submit a report to the President and the Congress on, the
following issues:
(A) The availability and cost of collections to be acquired
and housed in the Museum.
(B) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(C) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts, the Department of the Interior and Smithsonian
Institution.
(D) Whether the Museum should be located within the
Smithsonian Institution.
(E) The governance and organizational structure from which
the Museum should operate.
(F) How to engage the American Latino community in the
development and design of the Museum.
(G) The cost of constructing, operating, and maintaining
the Museum.
(4) Legislation to carry out plan of action.--Based on the
recommendations contained in the report submitted under paragraph
(1) and the report submitted under paragraph (3), the Commission
shall submit for consideration to the Committee on Transportation
and Infrastructure of the House of Representatives, the Committee
on House Administration of the House of Representatives, the
Committee on Rules and Administration of the Senate, the Committee
on Natural Resources of the House of Representatives, the Committee
on Energy and Natural Resources of the Senate, and the Committees
on Appropriations of the House of Representatives and the Senate
recommendations for a legislative plan of action to create and
construct the Museum.
(5) National conference.--In carrying out its functions under
this section, the Commission may convene a national conference on
the Museum, comprised of individuals committed to the advancement
of American Latino life, art, history, and culture, not later than
18 months after the commission members are selected.
(c) Administrative Provisions.--
(1) Facilities and support of department of the interior.--The
Department of the Interior shall provide from funds appropriated
for this purpose administrative services, facilities, and funds
necessary for the performance of the Commission's functions. These
funds shall be made available prior to any meetings of the
Commission.
(2) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive
compensation for each day on which the member is engaged in the
work of the Commission, at a daily rate to be determined by the
Secretary of the Interior.
(3) Travel expenses.--Each member shall be entitled to travel
expenses, including per diem in lieu of subsistence, in accordance
with applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
(4) Federal advisory committee act.--The Commission is not
subject to the provisions of the Federal Advisory Committee Act.
(d) Deadline for Submission of Reports; Termination.--
(1) Deadline.--The Commission shall submit final versions of
the reports and plans required under subsection (b) not later than
24 months after the date of the Commission's first meeting.
(2) Termination.--The Commission shall terminate not later than
30 days after submitting the final versions of reports and plans
pursuant to paragraph (1).
(e) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out the activities of the Commission
$2,100,000 for the first fiscal year beginning after the date of
enactment of this Act and $1,100,000 for the second fiscal year
beginning after the date of enactment of this Act.
SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION
COMMISSION.
(a) Coordination.--Each commission established under this section
shall coordinate with the other respective commission established under
this section to ensure that commemorations of Henry Hudson, Robert
Fulton, and Samuel de Champlain are--
(1) consistent with the plans and programs of the commemorative
commissions established by the States of New York and Vermont; and
(2) well-organized and successful.
(b) Definitions.--In this section:
(1) Champlain commemoration.--The term ``Champlain
commemoration'' means the commemoration of the 400th anniversary of
the voyage of Samuel de Champlain.
(2) Champlain commission.--The term ``Champlain Commission''
means the Champlain Quadricentennial Commemoration Commission
established by subsection (c)(1).
(3) Commission.--The term ``Commission'' means each of the
Champlain Commission and the Hudson-Fulton Commission.
(4) Hudson-fulton commemoration.--The term ``Hudson-Fulton
commemoration'' means the commemoration of--
(A) the 200th anniversary of the voyage of Robert Fulton in
the Clermont; and
(B) the 400th anniversary of the voyage of Henry Hudson in
the Half Moon.
(5) Hudson-fulton commission.--The term ``Hudson-Fulton
Commission'' means the Hudson-Fulton 400th Commemoration Commission
established by subsection (d)(1).
(6) Lake champlain basin program.--The term ``Lake Champlain
Basin Program'' means the partnership established by section 120 of
the Federal Water Pollution Control Act (33 U.S.C. 1270) between
the States of New York and Vermont and Federal agencies to carry
out the Lake Champlain management plan entitled, ``Opportunities
for Action: An Evolving Plan for the Lake Champlain Basin''.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(c) Establishment of Champlain Commission.--
(1) In general.--There is established a commission to be known
as the ``Champlain Quadricentennial Commemoration Commission''.
(2) Membership.--
(A) Composition.--The Champlain Commission shall be
composed of 10 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 4 members shall be appointed by the Secretary from
among individuals who, on the date of enactment of this
Act, are--
(I) serving as members of the Hudson-Fulton-
Champlain Quadricentennial Commission of the State of
New York; and
(II) residents of Champlain Valley, New York;
(iii) 4 members shall be appointed by the Secretary
from among individuals who, on the date of enactment of
this Act, are--
(I) serving as members of the Lake Champlain
Quadricentennial Commission of the State of Vermont;
and
(II) residents of the State of Vermont; and
(iv) 1 member shall be appointed by the Secretary, and
shall be an individual who has--
(I) an interest in, support for, and expertise
appropriate with respect to, the Champlain
commemoration; and
(II) knowledge relating to the history of the
Champlain Valley.
(B) Term; vacancies.--
(i) Term.--A member of the Champlain Commission shall
be appointed for the life of the Champlain Commission.
(ii) Vacancies.--A vacancy on the Champlain Commission
shall be filled in the same manner in which the original
appointment was made.
(3) Duties.--The Champlain Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate the 400th anniversary of the voyage
of Samuel de Champlain, the first European to discover and
explore Lake Champlain;
(B) facilitate activities relating to the Champlain
Quadricentennial throughout the United States;
(C) coordinate the activities of the Champlain Commission
with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the Lake Champlain Basin Program;
(iv) the National Endowment for the Arts; and
(v) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyage of Samuel de
Champlain;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Champlain commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyage of Samuel de Champlain;
(G) ensure that the Champlain 2009 anniversary provides a
lasting legacy and a long-term public benefit by assisting in
the development of appropriate programs and facilities;
(H) help ensure that the observances of the voyage of
Samuel de Champlain are inclusive and appropriately recognize
the experiences and heritage of all people present when Samuel
de Champlain arrived in the Champlain Valley; and
(I) consult and coordinate with the Lake Champlain Basin
Program and other relevant organizations to plan and develop
programs and activities to commemorate the voyage of Samuel de
Champlain.
(d) Establishment of Hudson-Fulton Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Hudson-Fulton 400th Commemoration Commission''.
(2) Membership.--
(A) Composition.--The Hudson-Fulton Commission shall be
composed of 15 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 1 member shall be appointed by the Secretary,
after considering the recommendation of the Governor of the
State of New York;
(iii) 6 members shall be appointed by the Secretary,
after considering the recommendations of the Members of the
House of Representatives whose districts encompass the
Hudson River Valley;
(iv) 2 members shall be appointed by the Secretary,
after considering the recommendations of the Members of the
Senate from the State of New York;
(v) 2 members shall be--
(I) appointed by the Secretary; and
(II) individuals who have an interest in, support
for, and expertise appropriate with respect to, the
Hudson-Fulton commemoration, of whom--
(aa) 1 member shall be an individual with
expertise in the Hudson River Valley National
Heritage Area; and
(bb) 1 member shall be an individual with
expertise in the State of New York, as it relates
to the Hudson-Fulton commemoration;
(vi) 1 member shall be the Chairperson of a
commemorative commission formed by the State of New York
(or the designee of the Chairperson); and
(vii) 2 members shall be appointed by the Secretary,
after--
(I) considering the recommendation of the Mayor of
the city of New York; and
(II) consulting the Members of the House of
Representatives whose districts encompass the city of
New York.
(B) Term; vacancies.--
(i) Term.--A member of the Hudson-Fulton Commission
shall be appointed for the life of the Hudson-Fulton
Commission.
(ii) Vacancies.--A vacancy on the Hudson-Fulton
Commission shall be filled in the same manner in which the
original appointment was made.
(3) Duties.--The Hudson-Fulton Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate--
(i) the 400th anniversary of the voyage of Henry
Hudson, the first European to sail up the Hudson River; and
(ii) the 200th anniversary of the voyage of Robert
Fulton, the first person to use steam navigation on a
commercial basis;
(B) facilitate activities relating to the Hudson-Fulton-
Champlain Quadricentennial throughout the United States;
(C) coordinate the activities of the Hudson-Fulton
Commission with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the National Park Service, with respect to the
Hudson River Valley National Heritage Area;
(iv) the American Heritage Rivers Initiative
Interagency Committee established by Executive Order 13061,
dated September 11, 1997;
(v) the National Endowment for the Humanities;
(vi) the National Endowment for the Arts; and
(vii) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyages of Henry Hudson
and Robert Fulton;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Hudson-Fulton
commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyages of Henry Hudson and Robert Fulton;
(G) ensure that the Hudson-Fulton 2009 commemorations
provide a lasting legacy and long-term public benefit by
assisting in the development of appropriate programs and
facilities; and
(H) help ensure that the observances of Henry Hudson are
inclusive and appropriately recognize the experiences and
heritage of all people present when Henry Hudson sailed the
Hudson River.
(e) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date on
which all members of a commission established under this section
have been appointed, the applicable Commission shall hold an
initial meeting.
(2) Meetings.--A commission established under this section
shall meet--
(A) at least twice each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the Chairperson
and the Vice Chairperson of the Commission on an annual basis.
(B) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(5) Voting.--A commission established under this section shall
act only on an affirmative vote of a majority of the voting members
of the applicable Commission.
(f) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other property
for aiding or facilitating the work of the Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines to be
necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize any
member or employee of the Commission to take any action that the
Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure supplies,
services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this section
(except that a contract, lease, or other legal agreement made
or entered into by the Commission shall not extend beyond the
date of termination of the Commission).
(B) Limitation.--The Commission may not purchase real
property.
(5) Postal services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(6) Grants.--
(A) Champlain commission.--The Champlain Commission may
make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Champlain commemoration; and
(ii) to research and scholarly organizations to
research, publish, or distribute information relating to
the early history of the voyage of Samuel de Champlain.
(B) Hudson-fulton commission.--The Hudson-Fulton Commission
may make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Hudson-Fulton commemoration; and
(ii) to research and scholarly organizations to
research, publish, or distribute information relating to
the early history of the voyages of Henry Hudson and Robert
Fulton.
(7) Technical assistance.--The Commission shall provide
technical assistance to States, localities, and nonprofit
organizations to further the Champlain commemoration and Hudson-
Fulton commemoration, as applicable.
(8) Coordination and consultation with lake champlain basin
program.--The Champlain Commission shall coordinate and consult
with the Lake Champlain Basin Program to provide grants and
technical assistance under paragraphs (6)(A) and (7) for the
development of activities commemorating the voyage of Samuel de
Champlain.
(g) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in subparagraph (B), a
member of the Commission shall serve without compensation.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I
of chapter 57 of title 5, United States Code, while away from the
home or regular place of business of the member in the performance
of the duties of the Commission.
(3) Staff.--The Commission may, without regard to the civil
service laws (including regulations), appoint and terminate an
Executive Director and such other additional personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(4) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Commission may fix the compensation of the Executive
Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the Executive
Director and other personnel shall not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) In general.--At the request of the Commission, the
head of any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency
to the Commission to assist the Commission in carrying out
the duties of the Commission under this section.
(ii) Civil service status.--The detail of an employee
under clause (i) shall be without interruption or loss of
civil service status or privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed from the
State of New York or the State of Vermont, as appropriate
(including subdivisions of the States); and
(ii) reimburse the State of New York or the State of
Vermont for services of detailed personnel.
(C) Lake champlain basin program employees.--The Champlain
Commission may--
(i) accept the services of personnel detailed from the
Lake Champlain Basin Program; and
(ii) reimburse the Lake Champlain Basin Program for
services of detailed personnel.
(D) Procurement of temporary and intermittent services.--
The Commission may procure temporary and intermittent services
in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of that title.
(6) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as the
Commission determines necessary.
(7) Support services.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(8) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Reports.--Not later than September 30, 2010, the Commission
shall submit to the Secretary a report that contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings and recommendations of the Commission.
(i) Termination of Commissions.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2010.
(2) Transfer of documents and materials.--Before the date of
termination specified in paragraph (1), the Commission shall
transfer all of its documents and materials of the Commission to
the National Archives or another appropriate Federal entity.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section for each of fiscal years 2008 through 2011--
(A) $500,000 to the Champlain Commission; and
(B) $500,000 to the Hudson-Fulton Commission.
(2) Availability.--Amounts made available under paragraph (1)
shall remain available until expended.
SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE MUSEUM
OF THE AMERICAN QUILTER'S SOCIETY OF THE UNITED STATES.
(a) Findings.--Congress finds that--
(1) the Museum of the American Quilter's Society is the largest
quilt museum in the world, with a total of 13,400 square feet of
exhibition space and more than 150 quilts exhibited year-round in
its 3 galleries;
(2) the mission of the Museum is to educate the local,
national, and international public about the art, history, and
heritage of quiltmaking;
(3) quilts in the Museum's permanent collection are made by
quilters from 44 of the 50 States and many foreign countries;
(4) the Museum, centrally located in Paducah, Kentucky, and
open to the public year-round, averages 40,000 visitors per year;
(5) individuals from all 50 States and from more than 25
foreign countries have visited the Museum;
(6) the Museum's Friends, an organization dedicated to
supporting and sustaining the Museum, also has members in all 50
States, with 84 percent of members living more than 60 miles from
the Museum;
(7) many members of the Museum's Friends have supported the
Museum annually since the Museum began in 1991;
(8) quilts exhibited in the Museum are representative of the
Nation and its cultures thanks to the wide diversity of themes and
topics, quilts, and quiltmakers; and
(9) the Museum of the American Quilter's Society has national
significance and support.
(b) Sense of Congress.--It is the sense of Congress that the Museum
of the American Quilter's Society, located at 215 Jefferson Street,
Paducah, Kentucky, should be designated as the ``National Quilt Museum
of the United States''.
SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
NATIONAL MUSEUM OF WILDLIFE ART OF THE UNITED STATES.
(a) Findings.--Congress finds that--
(1) the National Museum of Wildlife Art in Jackson, Wyoming, is
devoted to inspiring global recognition of fine art related to
nature and wildlife;
(2) the National Museum of Wildlife Art is an excellent example
of a thematic museum that strives to unify the humanities and
sciences into a coherent body of knowledge through art;
(3) the National Museum of Wildlife Art, which was founded in
1987 with a private gift of a collection of art, has grown in
stature and importance and is recognized today as the world's
premier museum of wildlife art;
(4) the National Museum of Wildlife Art is the only public
museum in the United States with the mission of enriching and
inspiring public appreciation and knowledge of fine art, while
exploring the relationship between humanity and nature by
collecting fine art focused on wildlife;
(5) the National Museum of Wildlife Art is housed in an
architecturally significant and award-winning 51,000-square foot
facility that overlooks the 28,000-acre National Elk Refuge and is
adjacent to the Grand Teton National Park;
(6) the National Museum of Wildlife Art is accredited with the
American Association of Museums, continues to grow in national
recognition and importance with members from every State, and has a
Board of Trustees and a National Advisory Board composed of major
benefactors and leaders in the arts and sciences from throughout
the United States;
(7) the permanent collection of the National Museum of Wildlife
Art has grown to more than 3,000 works by important historic
American artists including Edward Hicks, Anna Hyatt Huntington,
Charles M. Russell, William Merritt Chase, and Alexander Calder,
and contemporary American artists, including Steve Kestrel, Bart
Walter, Nancy Howe, John Nieto, and Jamie Wyeth;
(8) the National Museum of Wildlife Art is a destination
attraction in the Western United States with annual attendance of
92,000 visitors from all over the world and an award-winning
website that receives more than 10,000 visits per week;
(9) the National Museum of Wildlife Art seeks to educate a
diverse audience through collecting fine art focused on wildlife,
presenting exceptional exhibitions, providing community, regional,
national, and international outreach, and presenting extensive
educational programming for adults and children; and
(10) a great opportunity exists to use the invaluable resources
of the National Museum of Wildlife Art to teach the schoolchildren
of the United States, through onsite visits, traveling exhibits,
classroom curriculum, online distance learning, and other
educational initiatives.
(b) Sense of Congress.--It is the sense of Congress that the
National Museum of Wildlife Art, located at 2820 Rungius Road, Jackson,
Wyoming, should be designated as the ``National Museum of Wildlife Art
of the United States''.
SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY.
(a) Redesignation.--The Ellis Island Library on the third floor of
the Ellis Island Immigration Museum, located on Ellis Island in New
York Harbor, shall be known and redesignated as the ``Bob Hope Memorial
Library''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Ellis Island Library
on the third floor of the Ellis Island Immigration Museum referred to
in subsection (a) shall be deemed to be a reference to the ``Bob Hope
Memorial Library''.
Subtitle E--Trails and Rivers
SEC. 341. AUTHORIZATION AND ADMINISTRATION OF STAR-SPANGLED BANNER
NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(26) Star-spangled banner national historic trail.--
``(A) In general.--The Star-Spangled Banner National
Historic Trail, a trail consisting of water and overland routes
totaling approximately 290 miles, extending from Tangier
Island, Virginia, through southern Maryland, the District of
Columbia, and northern Virginia, in the Chesapeake Bay,
Patuxent River, Potomac River, and north to the Patapsco River,
and Baltimore, Maryland, commemorating the Chesapeake Campaign
of the War of 1812 (including the British invasion of
Washington, District of Columbia, and its associated feints,
and the Battle of Baltimore in summer 1814), as generally
depicted on the map titled `Star-Spangled Banner National
Historic Trail', numbered T02/80,000, and dated June 2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be maintained on file and available for public inspection in
the appropriate offices of the National Park Service.
``(C) Administration.--Subject to subparagraph (E)(ii), the
trail shall be administered by the Secretary of the Interior.
``(D) Land acquisition.--No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the United States for the trail except
with the consent of the owner of the land or interest in land.
``(E) Public participation.--The Secretary of the Interior
shall--
``(i) encourage communities, owners of land along the
trail, and volunteer trail groups to participate in the
planning, development, and maintenance of the trail; and
``(ii) consult with other affected landowners and
Federal, State, and local agencies in the administration of
the trail.
``(F) Interpretation and assistance.--Subject to the
availability of appropriations, the Secretary of the Interior
may provide, to State and local governments and nonprofit
organizations, interpretive programs and services and technical
assistance for use in--
``(i) carrying out preservation and development of the
trail; and
``(ii) providing education relating to the War of 1812
along the trail.''.
SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL,
NEBRASKA.
(a) Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc. (a
501(c)(3) not-for-profit organization with operational headquarters at
100 Valmont Drive, Nebraska City, Nebraska 68410), all right, title,
and interest of the United States in and to the federally owned land
under jurisdiction of the Secretary consisting of 2 parcels as
generally depicted on the map titled ``Lewis and Clark National
Historic Trail'', numbered 648/80,002, and dated March 2006.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey and all other costs incurred by the Secretary to convey the land
shall be borne by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as an historic site and
interpretive center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an
historic site and interpretive center for the Lewis and Clark National
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. shall convey lands back to
the Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or the conveyance, if any, under subsection (d) as
the Secretary considers appropriate to protect the interests of the
United States. Through a written agreement with the Foundation, the
National Park Service shall ensure that the operation of the land
conveyed under subsection (a) is in accordance with National Park
Service standards for preservation, maintenance, and interpretation.
(f) Authorization of Appropriations.--To assist with the operation
of the historic site and interpretive center, there is authorized to be
appropriated $150,000 per year for a period not to exceed 10 years.
SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION.
(a) Definitions.--In this section:
(1) Eastern legacy sites.--The term ``Eastern Legacy sites''
means the sites associated with the preparation or return phases of
the Lewis and Clark expedition, commonly known as the ``Eastern
Legacy'', including sites in Virginia, the District of Columbia,
Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky,
Tennessee, Indiana, Missouri, and Illinois. This includes the
routes followed by Meriwether Lewis and William Clark, whether
independently or together.
(2) Trail.--The term ``Trail'' means the Lewis and Clark
National Historic Trail designated by section 5(a)(6) of the
National Trails System Act (16 U.S.C. 1244(a)(6)).
(b) Special Resource Study.--
(1) In general.--The Secretary shall complete a special
resource study of the Eastern Legacy sites to determine--
(A) the suitability and feasibility of adding these sites
to the Trail; and
(B) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(2) Study requirements.--
(A) In general.--The Secretary shall conduct the study in
accordance with section 5(b) of the National Trails System Act
(16 U.S.C. 1244(b)).
(B) Impact on tourism.--In conducting the study, the
Secretary shall analyze the potential impact that the inclusion
of the Eastern Legacy sites is likely to have on tourist
visitation to the western portion of the trail.
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of 2001
(Public Law 107-65; 115 Stat. 484) authorized the study of the
Eightmile River in the State of Connecticut from its headwaters
downstream to its confluence with the Connecticut River for
potential inclusion in the National Wild and Scenic Rivers System.
(2) The segments of the Eightmile River covered by the study
are in a free-flowing condition, and the outstanding resource
values of the river segments include the cultural landscape, water
quality, watershed hydrology, unique species and natural
communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river segments
depend on sustaining the integrity and quality of the Eightmile
River watershed;
(B) these resource values are manifest within the entire
watershed; and
(C) the watershed as a whole, including its protection, is
itself intrinsically important to this designation.
(4) The Eightmile River Wild and Scenic Study Committee took a
watershed approach in studying and recommending management options
for the river segments and the Eightmile River watershed as a
whole.
(5) During the study, the Eightmile River Wild and Scenic Study
Committee, with assistance from the National Park Service, prepared
a comprehensive management plan for the Eightmile River watershed,
dated December 8, 2005 (in this section referred to as the
``Eightmile River Watershed Management Plan''), which establishes
objectives, standards, and action programs that will ensure long-
term protection of the outstanding values of the river and
compatible management of the land and water resources of the
Eightmile River and its watershed, without Federal management of
affected lands not owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee voted
in favor of inclusion of the Eightmile River in the National Wild
and Scenic Rivers System and included this recommendation as an
integral part of the Eightmile River Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile River
and comprising most of its watershed (Salem, East Haddam, and Lyme,
Connecticut), as well as the Boards of Selectmen and Land Use
Commissions of these towns, voted to endorse the Eightmile River
Watershed Management Plan and to seek designation of the river as a
component of the National Wild and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted Public
Act 05-18 to endorse the Eightmile River Watershed Management Plan
and to seek designation of the river as a component of the National
Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the
White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the
Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--Segments of the main stem
and specified tributaries of the Eightmile River in the State of
Connecticut, totaling approximately 25.3 miles, to be administered by
the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem, starting
at its confluence with Lake Hayward Brook to its confluence with
the Connecticut River at the mouth of Hamburg Cove, as a scenic
river.
``(B) The 8.0-mile segment of the East Branch of the Eightmile
River starting at Witch Meadow Road to its confluence with the main
stem of the Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with the
confluence of an unnamed stream lying 0.74 miles due east of the
intersection of Hartford Road (State Route 85) and Round Hill Road
to its confluence with the East Branch of the Eightmile River, as a
scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the main
stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its confluence
with Tisdale Brook to its confluence with the main stem of the
Eightmile River at Hamburg Cove, as a scenic river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut
designated as components of the National Wild and Scenic Rivers System
by the amendment made by subsection (b) (in this section referred to as
the ``Eightmile River'') shall be managed in accordance with the
Eightmile River Watershed Management Plan and such amendments to the
plan as the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan is deemed
to satisfy the requirements for a comprehensive management plan
required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(d) Committee.--The Secretary of the Interior shall coordinate the
management responsibilities of the Secretary with regard to the
Eightmile River with the Eightmile River Coordinating Committee, as
specified in the Eightmile River Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the Eightmile River, the
Secretary of the Interior may enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the
towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All cooperative
agreements authorized by this subsection shall be consistent with the
Eightmile River Watershed Management Plan and may include provisions
for financial or other assistance from the United States.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Eightmile River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
(g) Land Management.--The zoning ordinances adopted by the towns of
Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005, including provisions for conservation of floodplains, wetlands,
and watercourses associated with the segments, are deemed to satisfy
the standards and requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of
that Act, such towns shall be deemed ``villages'' and the provisions of
that section, which prohibit Federal acquisition of lands by
condemnation, shall apply to the segments designated by subsection (b).
The authority of the Secretary to acquire lands for the purposes of
this section shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be subject to the
additional criteria set forth in the Eightmile River Watershed
Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach to
resource preservation and enhancement articulated in the Eightmile
River Watershed Management Plan, the tributaries of the Eightmile
River watershed specified in paragraph (2) are recognized as
integral to the protection and enhancement of the Eightmile River
and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with respect to
Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook,
Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook,
Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook,
Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill
Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all
other perennial streams within the Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendment made by subsection (b).
Subtitle F--Denali National Park and Alaska Railroad Exchange
SEC. 351. DENALI NATIONAL PARK AND ALASKA RAILROAD CORPORATION
EXCHANGE.
(a) Definitions.--In this section:
(1) Corporation.--The term ``Corporation'' means the Alaska
Railroad Corporation owned by the State of Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Exchange.--
(1) In general.--
(A) Easement expanded.--The Secretary is authorized to
grant to the Alaska Railroad Corporation an exclusive-use
easement on land that is identified by the Secretary within
Denali National Park for the purpose of providing a location to
the Corporation for construction, maintenance, and on-going
operation of track and associated support facilities for
turning railroad trains around near Denali Park Station.
(B) Easement relinquished.--In exchange for the easement
granted in subparagraph (A), the Secretary shall require the
relinquishment of certain portions of the Corporation's
existing exclusive use easement within the boundary of Denali
National Park.
(2) Conditions of the exchange.--
(A) Equal exchange.--The exchange of easements under this
section shall be on an approximately equal-acre basis.
(B) Total acres.--The easement granted under paragraph
(1)(A) shall not exceed 25 acres.
(C) Interests conveyed.--The easement conveyed to the
Alaska Railroad Corporation by the Secretary under this section
shall be under the same terms as the exclusive use easement
granted to the Railroad in Denali National Park in the Deed for
Exclusive Use Easement and Railroad Related Improvements filed
in Book 33, pages 985-994 of the Nenana Recording District,
Alaska, pursuant to the Alaska Railroad Transfer Act of 1982
(45 U.S.C. 1201 et seq.). The easement relinquished by the
Alaska Railroad Corporation to the United States under this
section shall, with respect to the portion being exchanged, be
the full title and interest received by the Alaska Railroad in
the Deed for Exclusive Use Easement and Railroad Related
Improvements filed in Book 33, pages 985-994 of the Nenana
Recording District, Alaska, pursuant to the Alaska Railroad
Transfer Act of 1982 (45 U.S.C. 1201 et seq.).
(D) Costs.--The Alaska Railroad shall pay all costs
associated with the exchange under this section, including the
costs of compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), the costs of any surveys, and
other reasonable costs.
(E) Land to be part of wilderness.--The land underlying any
easement relinquished to the United States under this section
that is adjacent to designated wilderness is hereby designated
as wilderness and added to the Denali Wilderness, the
boundaries of which are modified accordingly, and shall be
managed in accordance with applicable provisions of the
Wilderness Act (78 Stat. 892) and the Alaska National Interest
Lands Conservation Act of 1980 (94 Stat. 2371).
(F) Other terms and conditions.--The Secretary shall
require any additional terms and conditions under this section
that the Secretary determines to be appropriate to protect the
interests of the United States and of Denali National Park.
Subtitle G--National Underground Railroad Network to Freedom Amendments
SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES.
(a) In General.--The National Underground Railroad Network to
Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended--
(1) by striking section 3(d);
(2) by striking section 4(d); and
(3) by adding at the end the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``(a) Amounts.--There are authorized to be appropriated to carry
out this Act $2,500,000 for each fiscal year, to be allocated as
follows:
``(1) $2,000,000 is to be used for the purposes of section 3.
``(2) $500,000 is to be used for the purposes of section 4.
``(b) Restrictions.--No amounts may be appropriated for the
purposes of this Act except to the Secretary for carrying out the
responsibilities of the Secretary as set forth in this Act.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the beginning of the fiscal year immediately following
the date of the enactment of this Act.
Subtitle H--Grand Canyon Subcontractors
SEC. 371. DEFINITIONS.
In this subtitle:
(1) IDIQ.--The term ``IDIQ'' means an Indefinite Deliver/
Indefinite Quantity contract.
(2) Park.--The term ``park'' means Grand Canyon National Park.
(3) PGI.--The term ``PGI'' means Pacific General, Inc.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 372. AUTHORIZATION.
The Secretary is authorized, subject to the appropriation of such
funds as may be necessary, to pay the amount owed to the subcontractors
of PGI for work performed at the park under an IDIQ with PGI between
fiscal years 2002 and 2003, provided that--
(1) the primary contract between PGI and the National Park
Service is terminated;
(2) the amount owed to the subcontractors is verified;
(3) all reasonable legal avenues or recourse have been
exhausted by the subcontractors to recoup amounts owed directly
from PGI; and
(4) the subcontractors provide a written statement that payment
of the amount verified in paragraph (2) represents payment in full
by the United States for all work performed at the park under the
IDIQ with PGI between fiscal years 2002 and 2003.
TITLE IV--NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
SEC. 401. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``The Journey Through Hallowed Ground National Heritage
Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the legacy of
the American history created along the National Heritage Area;
(3) to promote heritage, cultural and recreational tourism and
to develop educational and cultural programs for visitors and the
general public;
(4) to recognize and interpret important events and geographic
locations representing key developments in the creation of America,
including Native American, Colonial American, European American,
and African American heritage;
(5) to recognize and interpret the effect of the Civil War on
the civilian population of the National Heritage Area during the
war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist the
Commonwealth of Virginia, the State of Maryland, the Commonwealth
of Pennsylvania, the State of West Virginia, and their units of
local government, the private sector, and citizens residing in the
National Heritage Area in conserving, supporting, enhancing, and
interpreting the significant historic, cultural and recreational
sites in the National Heritage Area; and
(7) to provide appropriate linkages among units of the National
Park System within and surrounding the National Heritage Area, to
protect, enhance, and interpret resources outside of park
boundaries.
SEC. 402. DEFINITIONS.
In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National Heritage
Area established in this subtitle.
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Journey Through Hallowed Ground Partnership, a
Virginia non-profit, which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of the
National Heritage Area, in accordance with this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND
NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Journey Through
Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the 175-
mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil War
Maryland State Heritage Area, looping through Brunswick, Maryland,
to Harpers Ferry, West Virginia, back through Loudoun County,
Virginia, to the Route 15 corridor and surrounding areas
encompassing portions of Loudoun and Prince William Counties,
Virginia, then Fauquier County, Virginia, portions of Spotsylvania
and Madison Counties, Virginia, and Culpepper, Rappahannock,
Orange, and Albemarle Counties, Virginia.
(2) Map.--The boundaries of the National Heritage Area shall
include all of those lands and interests as generally depicted on
the map titled ``Journey Through Hallowed Ground National Heritage
Area'', numbered P90/80,000, and dated October 2006. The map shall
be on file and available to the public in the appropriate offices
of the National Park Service and the local coordinating entity.
SEC. 404. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the area
covered by the National Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area related to the national importance and themes of the
National Heritage Area that should be protected, enhanced,
interpreted, managed, funded, and developed;
(5) recommend policies and strategies for resource management,
including the development of intergovernmental and interagency
agreements to protect, enhance, interpret, fund, manage, and
develop the natural, historical, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations for, means by
which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage Area)
to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan for
the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on which
funds are first made available to develop the management plan after
designation as a National Heritage Area, the local coordinating
entity shall submit the management plan to the Secretary for
approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the plan,
the Secretary shall review and approve or disapprove the management
plan for a National Heritage Area on the basis of the criteria
established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to approve a
management plan for a National Heritage Area, the Secretary shall
consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the
preparation of the management plan; and
(ii) provides for at least semiannual public meetings
to ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws or
land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry out
the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support is
needed to ensure the effective implementation of the State,
Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation of
the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in
writing of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage Area
shall be reviewed by the Secretary and approved or disapproved
in the same manner as the original management plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to implement
an amendment to the management plan until the Secretary
approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.
SEC. 405. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the impact
of the investments; and
(3) review the management structure, partnership relationships,
and funding of the National Heritage Area for purposes of
identifying the critical components for sustainability of the
National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 406. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Journey Through Hallowed Ground Partnership, as the local
coordinating entity, shall--
(1) prepare a management plan for the National Heritage Area,
and submit the management plan to the Secretary, in accordance with
this subtitle;
(2) submit an annual report to the Secretary for each fiscal
year for which the local coordinating entity receives Federal funds
under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which the
local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage Area;
(2) enter into cooperative agreements with or provide technical
assistance to political jurisdictions, nonprofit organizations,
Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including other
Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies) to
the property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority (such as the authority to
make safety improvements or increase the capacity of existing roads
or to construct new roads) of any Federal, State, Tribal, or local
agency, or conveys any land use or other regulatory authority to
any local coordinating entity, including but not necessarily
limited to development and management of energy or water or water-
related infrastructure;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any person
injured on the private property.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
Subtitle B--Niagara Falls National Heritage Area
SEC. 421. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the National Park
Service study report entitled ``Niagara National Heritage Area
Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the natural,
scenic, cultural, and historic resources within the National
Heritage Area;
(3) to promote heritage, cultural, and recreational tourism and
to develop educational and cultural programs for visitors and the
general public;
(4) to recognize and interpret important events and geographic
locations representing key developments in American history and
culture, including Native American, Colonial American, European
American, and African American heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in conserving,
supporting, enhancing, and interpreting the significant historic,
cultural, and recreational sites in the National Heritage Area;
(6) to conserve and interpret the history of the development of
hydroelectric power in the United States and its role in developing
the American economy; and
(7) to provide appropriate linkages among units of the National
Park System within and surrounding the National Heritage Area, to
protect, enhance, and interpret resources outside of park
boundaries.
SEC. 422. DEFINITIONS.
In this subtitle:
(1) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under this
subtitle.
(2) Governor.--The term ``Governor'' means the Governor of the
State of New York.
(3) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the National
Heritage Area designated pursuant to this subtitle.
(4) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of the
National Heritage Area, in accordance with this subtitle.
(5) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area established
in this subtitle.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 423. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Niagara Falls
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist of
the area from the western boundary of the town of Wheatfield, New
York, extending to the mouth of the Niagara River on Lake Ontario,
including the city of Niagara Falls, New York, the villages of
Youngstown and Lewiston, New York, land and water within the
boundaries of the Heritage Area in Niagara County, New York, and
any additional thematically related sites within Erie and Niagara
Counties, New York, that are identified in the management plan
developed under this subtitle.
(2) Map.--The boundaries of the National Heritage Area shall be
as generally depicted on the map titled ``Niagara Falls National
Heritage Area,'' and numbered P76/80,000 and dated July, 2006. The
map shall be on file and available to the public in the appropriate
offices of the National Park Service and the local coordinating
entity.
SEC. 424. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the area
covered by the National Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area related to the national importance and themes of the
National Heritage Area that should be protected, enhanced,
interpreted, managed, funded, and developed;
(5) recommend policies and strategies for resource management,
including the development of intergovernmental and interagency
agreements to protect, enhance, interpret, fund, manage, and
develop the natural, historical, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations for, means by
which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage Area)
to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan for
the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on which
funds are first made available to develop the management plan after
designation as a National Heritage Area, the local coordinating
entity shall submit the management plan to the Secretary for
approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the plan,
the Secretary shall review and approve or disapprove the management
plan for a National Heritage Area on the basis of the criteria
established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to approve a
management plan for a National Heritage Area, the Secretary shall
consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the
preparation of the management plan; and
(ii) provides for at least semiannual public meetings
to ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws or
land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry out
the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support is
needed to ensure the effective implementation of the State,
Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation of
the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in
writing of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage Area
shall be reviewed by the Secretary and approved or disapproved
in the same manner as the original management plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to implement
an amendment to the management plan until the Secretary
approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.
SEC. 425. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and private
investments in the National Heritage Area to determine the impact
of the investments; and
(3) review the management structure, partnership relationships,
and funding of the National Heritage Area for purposes of
identifying the critical components for sustainability of the
National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 426. LOCAL COORDINATING ENTITY.
(a) Designation.--The local coordinating entity for the Heritage
Area shall be--
(1) for the 5-year period beginning on the date of enactment of
this subtitle, the Commission; and
(2) on expiration of the 5-year period described in paragraph
(1), a private nonprofit or governmental organization designated by
the Commission.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage Area,
and submit the management plan to the Secretary, in accordance with
this subtitle;
(2) submit an annual report to the Secretary for each fiscal
year for which the local coordinating entity receives Federal funds
under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which the
local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area; and
(5) coordinate projects, activities, and programs with the Erie
Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage Area;
(2) enter into cooperative agreements with or provide technical
assistance to political jurisdictions, nonprofit organizations,
Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including other
Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.
(a) Establishment.--There is established within the Department of
the Interior the Niagara Falls National Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17 members, of
whom--
(1) 1 member shall be the Director of the National Park Service
(or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from among
individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation and
Historic Preservation, the Niagara River Greenway Commission,
the New York Power Authority, the USA Niagara Development
Corporation, and the Niagara Tourism and Convention
Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara Falls,
New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village of
Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village of
Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or natural
resource management, conservation, recreation, and education, or
museum services, of whom--
(A) 4 members shall be appointed by the Secretary, after
consideration of the recommendation of the 2 members of the
Senate from the State; and
(B) 2 members shall be appointed by the Secretary, after
consideration of the recommendation of the Member of the House
of Representatives whose district encompasses the National
Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed for a
term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a vacancy on
the Commission shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(B) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment was made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson and
Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as the
Chairperson in the absence of the Chairperson.
(e) Quorum.--
(1) In general.--A majority of the members of the Commission
shall constitute a quorum.
(2) Transaction.--For the transaction of any business or the
exercise of any power of the Commission, the Commission shall have
the power to act by a majority vote of the members present at any
meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least quarterly
at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for the
meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the authorities
otherwise granted in this subtitle, the Commission may--
(1) request and accept from the head of any Federal agency, on
a reimbursable or non-reimbursable basis, any personnel of the
Federal agency to the Commission to assist in carrying out the
duties of the Commission;
(2) request and accept from the head of any State agency or any
agency of a political subdivision of the State, on a reimbursable
or nonreimbursable basis, any personnel of the agency to the
Commission to assist in carrying out the duties of the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants, or
donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of the
National Heritage Area, in addition to the duties otherwise listed in
this subtitle, the Commission shall assist in the transition of the
management of the National Heritage Area from the Commission to the
local coordinating entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve without
compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I
of chapter 57 of title 5, United States Code, while away from the
home or regular place of business of the member in the performance
of the duties of the Commission.
(j) Gifts.--For purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift or charitable contribution to the Commission
shall be considered to be a charitable contribution or gift to the
United States.
(k) Use of Federal Funds.--Except as provided for the leasing of
administrative facilities under subsection (g)(1), the Commission may
not use Federal funds made available to the Commission under this
subtitle to acquire any real property or interest in real property.
SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies) to
the property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State,
Tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
but not necessarily limited to development and management of
energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any person
injured on the private property.
SEC. 430. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Subtitle C--Abraham Lincoln National Heritage Area
SEC. 441. PURPOSES.
The purposes of this subtitle include--
(1) to recognize the significant natural and cultural legacies
of the area, as demonstrated in the study entitled ``Feasibility
Study of the Proposed Abraham Lincoln National Heritage Area''
prepared for the Looking for Lincoln Heritage Coalition in 2002 and
revised in 2007;
(2) to promote heritage, cultural and recreational tourism and
to develop educational and cultural programs for visitors and the
general public;
(3) to recognize and interpret important events and geographic
locations representing key periods in the growth of America,
including Native American, Colonial American, European American,
and African American heritage;
(4) to recognize and interpret the distinctive role the region
played in shaping the man who would become the 16th President of
the United States, and how Abraham Lincoln's life left its traces
in the stories, folklore, buildings, streetscapes, and landscapes
of the region;
(5) to provide a cooperative management framework to foster a
close working relationship with all levels of government, the
private sector, and the local communities in the region in
identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the region
for the educational and inspirational benefit of current and future
generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
SEC. 442. DEFINITIONS.
In this subtitle:
(1) Local coordinating entity.--The term ``local coordinating
entity'' means the Looking for Lincoln Heritage Coalition, which is
hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(2) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the National
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of the
National Heritage Area, in accordance with this subtitle.
(3) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area established
in this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Abraham Lincoln
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist of
sites as designated by the management plan within a core area
located in Central Illinois, consisting of Adams, Brown, Calhoun,
Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt,
Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson,
Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason,
McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria,
Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell,
Vermillion, Warren and Woodford counties.
(2) Map.--The boundaries of the National Heritage Area shall be
as generally depicted on the map titled ``Proposed Abraham Lincoln
National Heritage Area'', and numbered 338/80,000, and dated July
2007. The map shall be on file and available to the public in the
appropriate offices of the National Park Service and the local
coordinating entity.
SEC. 444. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the area
covered by the National Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of the
National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area related to the national importance and themes of the
National Heritage Area that should be protected, enhanced,
interpreted, managed, funded, and developed;
(5) recommend policies and strategies for resource management,
including the development of intergovernmental and interagency
agreements to protect, enhance, interpret, fund, manage, and
develop the natural, historical, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(6) describe a program for implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations for, means by
which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service and
other Federal agencies associated with the National Heritage Area)
to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan for
the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on which
funds are first made available to develop the management plan after
designation as a National Heritage Area, the local coordinating
entity shall submit the management plan to the Secretary for
approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1), the
local coordinating entity shall not qualify for any additional
financial assistance under this subtitle until such time as the
management plan is submitted to and approved by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the plan,
the Secretary shall review and approve or disapprove the management
plan for a National Heritage Area on the basis of the criteria
established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to approve a
management plan for a National Heritage Area, the Secretary shall
consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the
preparation of the management plan; and
(ii) provides for at least semiannual public meetings
to ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws or
land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry out
the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support is
needed to ensure the effective implementation of the State,
Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation of
the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in
writing of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage Area
shall be reviewed by the Secretary and approved or disapproved
in the same manner as the original management plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to implement
an amendment to the management plan until the Secretary
approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.
SEC. 445. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and private
investments in the National Heritage Area to determine the impact
of the investments; and
(3) review the management structure, partnership relationships,
and funding of the National Heritage Area for purposes of
identifying the critical components for sustainability of the
National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 446. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Looking for Lincoln Heritage Coalition, as the local coordinating
entity, shall--
(1) prepare a management plan for the National Heritage Area,
and submit the management plan to the Secretary, in accordance with
this subtitle;
(2) submit an annual report to the secretary for each fiscal
year for which the local coordinating entity receives Federal funds
under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which the
local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage Area;
(2) enter into cooperative agreements with or provide technical
assistance to political jurisdictions, nonprofit organizations,
Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including other
Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies) to
the property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State,
Tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
but not necessarily limited to development and management of
energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the National Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any person
injured on the private property.
SEC. 449. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of the enactment of this subtitle.
Subtitle D--Authorization Extensions and Viability Studies
SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended in each of
sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a)
(as redesignated by section 474(9)), and 909(c), by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 462. EVALUATION AND REPORT.
(a) In General.--For the nine National Heritage Areas authorized in
Division II of the Omnibus Parks and Public Lands Management Act of
1996, not later than 3 years before the date on which authority for
Federal funding terminates for each National Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local management entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National Heritage
Area to determine the impact of the investments; and
(3) review the management structure, partnership relationships,
and funding of the National Heritage Area for purposes of
identifying the critical components for sustainability of the
National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The report
shall include recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.
Subtitle E--Technical Corrections and Additions
SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.
Title I of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333 as amended by Public Law
106-176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek and Cabin
Creek within Kanawah County, West Virginia, and the counties that are
the subject of the study by the National Park Service, dated 1993,
entitled `A Coal Mining Heritage Study: Southern West Virginia'
conducted pursuant to title VI of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:
``SEC. 105. ELIGIBLE RESOURCES.
``(a) In General.--The resources eligible for the assistance under
section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage Area
Authority; and
``(2) the resources set forth in appendix D of the study by the
National Park Service, dated 1993, entitled `A Coal Mining Heritage
Study: Southern West Virginia' conducted pursuant to title VI of
Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to those
sites listed as `Conservation Priorities' and `Important Historic
Resources' as depicted on the map entitled `Study Area: Historic
Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows through
``Parks,'' and inserting ``National Coal Heritage Area
Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities, or'' and
inserting ``National Coal Heritage Area Authority or''; and
(4) in section 106(b), by inserting ``not'' before ``meet''.
SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.
Section 403(b) of title IV of Division II of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333) is amended by
inserting ``Butler,'' after ``Beaver,''.
SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.
Section 604(b)(2) of title VI of Division II of the Omnibus Parks
and Public Lands Management Act of 1996 is amended by adding at the end
the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not part of
the Gullah/Geechee Cultural Heritage Corridor.''.
SEC. 474. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR TECHNICAL
CORRECTIONS.
Title VIII of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333) is amended--
(1) by striking ``Canal National Heritage Corridor'' each place
it appears and inserting ``National Heritage Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the feasibility
study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL HERITAGE
CORRIDOR'' and inserting ``NATIONAL HERITAGE CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively;
(C) in paragraph (2) (as redesignated by subparagraph (B)),
by striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``807(a)'' and inserting ``805(a)'';
(6) in the heading of section 804, by striking ``canal national
heritage corridor'' and inserting ``national heritage canalway'';
(7) in the second sentence of section 804(b)(1), by striking
``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and 812
as sections 805, 806, 807, 808, 809, and 810, respectively;
(10) in section 805(c)(2) (as redesignated by paragraph (9)),
by striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by paragraph (9))--
(A) in subsection (a)(1), by striking ``Committee'' and
inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by striking
``committee'' and inserting ``secretary'';
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and inserting
``management entity'';
(D) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by paragraph (9)), in
subsection (c) by striking ``Cayohoga Valley National Recreation
Area'' and inserting ``Cayohoga Valley National Park'';
(13) in section 808 (as redesignated by paragraph (9))--
(A) in subsection (b), by striking ``Committee or''; and
(B) in subsection (c), in the matter before paragraph (1),
by striking ``Committee'' and inserting ``management entity'';
and
(14) in section 809 (as redesignated by paragraph (9)), by
striking ``assistance'' and inserting ``financial assistance''.
SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION OF
AUTHORIZATION.
Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended as
follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection (a)
shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive materials,
devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of the
strategic plan shall not require a non-Federal match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.
Subtitle F--Studies
SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop and Pacific Counties (also
known as the North Beach Peninsula); and
(B) areas relating to Native American history, local
history, Euro-American settlement culture, and related economic
activities of the Columbia River within a corridor along the
Columbia River eastward in Clatsop, Pacific, Columbia, and
Wahkiakum Counties.
(b) Columbia-Pacific National Heritage Area Study.--
(1) In general.--The Secretary, in consultation with the
managers of any Federal land within the study area, appropriate
State and local governmental agencies, tribal governments, and any
interested organizations, shall conduct a study to determine the
feasibility of designating the study area as the Columbia-Pacific
National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified theme or
themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(F) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles for all participants, including
the Federal Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential local coordinating entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(H) has a conceptual boundary map that is supported by the
public.
(3) Private property.--In conducting the study required by this
subsection, the Secretary shall analyze the potential impact that
designation of the area as a national heritage area is likely to
have on land within the proposed area or bordering the proposed
area that is privately owned at the time that the study is
conducted.
(c) Report.--Not later than 3 fiscal years after the date on which
funds are made available to carry out the study, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report that describes the findings, conclusions, and recommendations
of the Secretary with respect to the study.
SEC. 482. STUDY OF SITES RELATING TO ABRAHAM LINCOLN IN KENTUCKY.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means a National
Heritage Area in the State to honor Abraham Lincoln.
(2) State.--The term ``State'' means the Commonwealth of
Kentucky.
(3) Study area.--The term ``study area'' means the study area
described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Kentucky Historical Society, other State historical societies, the
State Historic Preservation Officer, State tourism offices, and
other appropriate organizations and agencies, shall conduct a study
to assess the suitability and feasibility of designating the study
area as a National Heritage Area in the State to honor Abraham
Lincoln.
(2) Description of study area.--The study area shall include--
(A) Boyle, Breckinridge, Fayette, Franklin, Hardin,
Jefferson, Jessamine, Larue, Madison, Mercer, and Washington
Counties in the State; and
(B) the following sites in the State:
(i) The Abraham Lincoln Birthplace National Historic
Site.
(ii) The Abraham Lincoln Boyhood Home Unit.
(iii) Downtown Hodgenville, Kentucky, including the
Lincoln Museum and Adolph A. Weinman statue.
(iv) Lincoln Homestead State Park and Mordecai Lincoln
House.
(v) Camp Nelson Heritage Park.
(vi) Farmington Historic Home.
(vii) The Mary Todd Lincoln House.
(viii) Ashland, which is the Henry Clay Estate.
(ix) The Old State Capitol.
(x) The Kentucky Military History Museum.
(xi) The Thomas D. Clark Center for Kentucky History.
(xii) The New State Capitol.
(xiii) Whitehall.
(xiv) Perryville Battlefield State Historic Site.
(xv) The Joseph Holt House.
(xvi) Elizabethtown, Kentucky, including the Lincoln
Heritage House.
(xvii) Lincoln Marriage Temple at Fort Harrod.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and cultural
resources that--
(i) interpret--
(I) the life of Abraham Lincoln; and
(II) the contributions of Abraham Lincoln to the
United States;
(ii) represent distinctive aspects of the heritage of
the United States;
(iii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iv) would be best managed--
(I) through partnerships among public and private
entities; and
(II) by linking diverse and sometimes noncontiguous
resources and active communities;
(B) reflects traditions, customs, beliefs, and historical
events that are a valuable part of the story of the United
States;
(C) provides--
(i) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(ii) outstanding educational opportunities;
(D) contains resources that--
(i) are important to any identified themes of the study
area; and
(ii) retain a degree of integrity capable of supporting
interpretation;
(E) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(i) are involved in the planning of the Heritage Area;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage
Area, including the Federal Government; and
(iii) have demonstrated support for designation of the
Heritage Area;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Heritage Area while encouraging
State and local economic activity; and
(G) has a conceptual boundary map that is supported by the
public.
(c) Report.--Not later than the third fiscal year after the date on
which funds are first made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS
SEC. 501. ALASKA WATER RESOURCES STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of Alaska.
(b) Alaska Water Resources Study.--
(1) Study.--The Secretary, acting through the Commissioner of
Reclamation and the Director of the United States Geological
Survey, where appropriate, and in accordance with this section and
other applicable provisions of law, shall conduct a study that
includes--
(A) a survey of accessible water supplies, including
aquifers, on the Kenai Peninsula and in the Municipality of
Anchorage, the Matanuska-Susitna Borough, the city of
Fairbanks, and the Fairbanks Northstar Borough;
(B) a survey of water treatment needs and technologies,
including desalination, applicable to the water resources of
the State; and
(C) a review of the need for enhancement of the streamflow
information collected by the United States Geological Survey in
the State relating to critical water needs in areas such as--
(i) infrastructure risks to State transportation;
(ii) flood forecasting;
(iii) resource extraction; and
(iv) fire management.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report describing the
results of the study required by paragraph (1).
(c) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
enactment of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 502. RENEGOTIATION OF PAYMENT SCHEDULE, REDWOOD VALLEY COUNTY
WATER DISTRICT.
Section 15 of Public Law 100-516 (102 Stat. 2573) is amended--
(1) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) If, as of January 1, 2006, the Secretary of the Interior
and the Redwood Valley County Water District have not renegotiated
the schedule of payment, the District may enter into such
additional non-Federal obligations as are necessary to finance
procurement of dedicated water rights and improvements necessary to
store and convey those rights to provide for the District's water
needs. The Secretary shall reschedule the payments due under loans
numbered 14-06-200-8423A and 14-06-200-8423A Amendatory and said
payments shall commence when such additional obligations have been
financially satisfied by the District. The date of the initial
payment owed by the District to the United States shall be regarded
as the start of the District's repayment period and the time upon
which any interest shall first be computed and assessed under
section 5 of the Small Reclamation Projects Act of 1956 (43 U.S.C.
422a et seq.).''; and
(2) by striking subsection (c).
SEC. 503. AMERICAN RIVER PUMP STATION PROJECT TRANSFER.
(a) Authority To Transfer.--The Secretary of the Interior
(hereafter in this section referred to as the ``Secretary'') shall
transfer ownership of the American River Pump Station Project located
at Auburn, California, which includes the Pumping Plant, associated
facilities, and easements necessary for permanent operation of the
facilities, to the Placer County Water Agency, in accordance with the
terms of Contract No. 02-LC-20-7790 between the United States and
Placer County Water Agency and the terms and conditions established in
this section.
(b) Federal Costs Nonreimbursable.--Federal costs associated with
construction of the American River Pump Station Project located at
Auburn, California, are nonreimbursable.
(c) Grant of Real Property Interest.--The Secretary is authorized
to grant title to Placer County Water Agency as provided in subsection
(a) in full satisfaction of the United States' obligations under Land
Purchase Contract 14-06-859-308 to provide a water supply to the Placer
County Water Agency.
(d) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities pursuant
to this section, the Secretary shall comply with all applicable
requirements under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) any other law applicable to the land and facilities.
(2) Effect.--Nothing in this section modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(e) Release From Liability.--Effective on the date of transfer to
the Placer County Water Agency of any land or facility under this
section, the United States shall not be liable for damages arising out
of any act, omission, or occurrence relating to the land and
facilities, consistent with Article 9 of Contract No. 02-LC-20-7790
between the United States and Placer County Water Agency.
SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT.
(a) Findings.--Congress finds the following:
(1) Arthur V. Watkins Dam is a feature of the Weber Basin
Project, which was authorized by law on August 29, 1949.
(2) Increasing the height of Arthur V. Watkins Dam and
construction of pertinent facilities may provide additional storage
capacity for the development of additional water supply for the
Weber Basin Project for uses of municipal and industrial water
supply, flood control, fish and wildlife, and recreation.
(b) Authorization of Feasibility Study.--The Secretary of the
Interior, acting through the Bureau of Reclamation, is authorized to
conduct a feasibility study on raising the height of Arthur V. Watkins
Dam for the development of additional storage to meet water supply
needs within the Weber Basin Project area and the Wasatch Front. The
feasibility study shall include such environmental evaluation as
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and a cost allocation as required under the Reclamation
Project Act of 1939 (43 U.S.C. 485 et seq.).
(c) Cost Shares.--
(1) Federal share.--The Federal share of the costs of the study
authorized in subsection (b) shall not exceed 50 percent of the
total cost of the study.
(2) In-kind contributions.--The Secretary shall accept, as
appropriate, in-kind contributions of goods or services from the
Weber Basin Water Conservancy District. Such goods and services
accepted under this subsection shall be counted as part of the non-
Federal cost share for the study.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $1,000,000 for the Federal cost share of
the study authorized in subsection (b).
(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
enactment of this Act.
SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Reclamation and the
United States Geological Survey.
(2) State.--The term ``State'' means the State of New Mexico.
(b) Comprehensive Water Plan Assistance.--
(1) In general.--Upon the request of the Governor of the State
and subject to paragraphs (2) through (6), the Secretary shall--
(A) provide to the State technical assistance and grants
for the development of comprehensive State water plans;
(B) conduct water resources mapping in the State; and
(C) conduct a comprehensive study of groundwater resources
(including potable, brackish, and saline water resources) in
the State to assess the quantity, quality, and interaction of
groundwater and surface water resources.
(2) Technical assistance.--Technical assistance provided under
paragraph (1) may include--
(A) acquisition of hydrologic data, groundwater
characterization, database development, and data distribution;
(B) expansion of climate, surface water, and groundwater
monitoring networks;
(C) assessment of existing water resources, surface water
storage, and groundwater storage potential;
(D) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water
management options;
(E) participation in State planning forums and planning
groups;
(F) coordination of Federal water management planning
efforts;
(G) technical review of data, models, planning scenarios,
and water plans developed by the State; and
(H) provision of scientific and technical specialists to
support State and local activities.
(3) Allocation.--In providing grants under paragraph (1), the
Secretary shall, subject to the availability of appropriations,
allocate--
(A) $5,000,000 to develop hydrologic models and acquire
associated equipment for the New Mexico Rio Grande main stem
sections and Rios Pueblo de Taos and Hondo, Rios Nambe,
Pojoaque and Teseque, Rio Chama, and Lower Rio Grande
tributaries;
(B) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(C) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas Basin,
the Gila River, and tributaries;
(D) $4,500,000 for statewide digital orthophotography
mapping; and
(E) such sums as are necessary to carry out additional
projects consistent with paragraph (2).
(4) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the total cost of
any activity carried out using a grant provided under paragraph
(1) shall be 50 percent.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of any in-kind services
that the Secretary determines would contribute substantially
toward the conduct and completion of the activity assisted.
(5) Nonreimbursable basis.--Any assistance or grants provided
to the State under this section shall be made on a non-reimbursable
basis.
(6) Authorized transfers.--On request of the State, the
Secretary shall directly transfer to 1 or more Federal agencies any
amounts made available to the State to carry out this section.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2008 through 2012.
(d) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of enactment of this Act.
SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS AND LANDS OF THE YAKIMA
PROJECT, WASHINGTON.
(a) Conveyance Required.--The Secretary of the Interior shall
convey to the Yakima-Tieton Irrigation District, located in Yakima
County, Washington, all right, title, and interest of the United States
in and to the buildings and lands of the Yakima Project, Washington, in
accordance with the terms and conditions set forth in the agreement
titled ``Agreement Between the United States and the Yakima-Tieton
Irrigation District to Transfer Title to Certain Federally Owned
Buildings and Lands, With Certain Property Rights, Title, and Interest,
to the Yakima-Tieton Irrigation District'' (Contract No. 5-07-10-
L1658).
(b) Liability.--Effective upon the date of conveyance under this
section, the United States shall not be held liable by any court for
damages of any kind arising out of any act, omission, or occurrence
relating to the conveyed buildings and lands, except for damages caused
by acts of negligence committed by the United States or by its
employees or agents before the date of conveyance. Nothing in this
section increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code (popularly
known as the Federal Tort Claims Act), on the date of enactment of this
Act.
(c) Benefits.--After conveyance of the buildings and lands to the
Yakima-Tieton Irrigation District under this section--
(1) such buildings and lands shall not be considered to be a
part of a Federal reclamation project; and
(2) such irrigation district shall not be eligible to receive
any benefits with respect to any buildings and lands conveyed,
except benefits that would be available to a similarly situated
person with respect to such buildings and lands that are not part
of a Federal reclamation project.
(d) Report.--If the Secretary of the Interior has not completed the
conveyance required under subsection (a) within 12 months after the
date of enactment of this Act, the Secretary shall submit to Congress a
report that explains the reason such conveyance has not been completed
and stating the date by which the conveyance will be completed.
SEC. 507. CONJUNCTIVE USE OF SURFACE AND GROUNDWATER IN JUAB
COUNTY, UTAH.
Section 202(a)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) is amended by inserting
``Juab,'' after ``Davis,''.
SEC. 508. EARLY REPAYMENT OF A & B IRRIGATION DISTRICT CONSTRUCTION
COSTS.
(a) In General.--Notwithstanding section 213 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390mm), any landowner within the A & B
Irrigation District in the State (referred to in this section as the
``District'') may repay, at any time, the construction costs of
District project facilities that are allocated to land of the landowner
within the District.
(b) Applicability of Full-Cost Pricing Limitations.--On discharge,
in full, of the obligation for repayment of all construction costs
described in subsection (a) that are allocated to all land the
landowner owns in the District in question, the parcels of land shall
not be subject to the ownership and full-cost pricing limitations under
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13
U.S.C. 390aa et seq.).
(c) Certification.--On request of a landowner that has repaid, in
full, the construction costs described in subsection (a), the Secretary
of the Interior shall provide to the landowner a certificate described
in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and the
United States; or
(2) modifies any rights, obligations, or relationships between
the District and landowners in the District under Idaho State law.
SEC. 509. OREGON WATER RESOURCES.
(a) Extension of Participation of Bureau of Reclamation in
Deschutes River Conservancy.--Section 301 of the Oregon Resource
Conservation Act of 1996 (division B of Public Law 104-208; 110 Stat.
3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River Basin
Working Group'' and inserting ``Deschutes River Conservancy Working
Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including two
from irrigated agriculture who actively farm more than 100 acres of
irrigated land and are not irrigation district managers and two
from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final period
the following: ``, and up to a total amount of $2,000,000 during
each of fiscal years 2007 through 2016''; and
(4) in subsection (h), by inserting before the period at the
end the following: ``, and $2,000,000 for each of fiscal years 2007
through 2016''.
(b) Wallowa Lake Dam Rehabilitation Act.--
(1) Definitions.--In this subsection:
(A) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(C) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated December
2002, and on file with the Bureau of Reclamation.
(2) Authorization to participate in program.--
(A) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental entities
and the Associated Ditch Companies, Incorporated, to plan,
design, and construct facilities needed to implement the
Wallowa Lake Dam Rehabilitation Program.
(B) Conditions.--As a condition of providing funds under
subparagraph (A), the Secretary shall ensure that--
(i) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(ii) the Associated Ditch Companies, Incorporated,
agrees to assume liability for any work performed, or
supervised, with Federal funds provided to it under this
subsection; and
(iii) the United States shall not be liable for damages
of any kind arising out of any act, omission, or occurrence
relating to a facility rehabilitated or constructed with
Federal funds provided under this subsection, both while
and after activities are conducted using Federal funds
provided under this subsection.
(C) Cost sharing.--
(i) In general.--The Federal share of the costs of
activities authorized under this subsection shall not
exceed 50 percent.
(ii) Exclusions from federal share.--There shall not be
credited against the Federal share of such costs--
(I) any expenditure by the Bonneville Power
Administration in the Wallowa River watershed; and
(II) expenditures made by individual agricultural
producers in any Federal commodity or conservation
program.
(D) Compliance with state law.--The Secretary, in carrying
out this subsection, shall comply with applicable Oregon State
water law.
(E) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this subsection.
(F) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation and
maintenance of any facility constructed or rehabilitated under
this subsection.
(3) Relationship to other law.--Activities funded under this
subsection shall not be considered a supplemental or additional
benefit under Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.)).
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to pay the Federal share of the costs
of activities authorized under this subsection $6,000,000.
(5) Sunset.--The authority of the Secretary to carry out any
provisions of this subsection shall terminate 10 years after the
date of the enactment of this subsection.
(c) Little Butte/Bear Creek Subbasins, Oregon, Water Resource
Study.--
(1) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the Water for
Irrigation, Streams and the Economy Project water management
feasibility study and environmental impact statement in accordance
with the ``Memorandum of Agreement Between City of Medford and
Bureau of Reclamation for the Water for Irrigation, Streams, and
the Economy Project'', dated July 2, 2004.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this subsection.
(B) Non-federal share.--
(i) In general.--The non-Federal share shall be 50
percent of the total costs of the Bureau of Reclamation in
carrying out paragraph (1).
(ii) Form.--The non-Federal share required under clause
(i) may be in the form of any in-kind services that the
Secretary of the Interior determines would contribute
substantially toward the conduct and completion of the
study and environmental impact statement required under
paragraph (1).
(3) Sunset.--The authority of the Secretary to carry out any
provisions of this subsection shall terminate 10 years after the
date of the enactment of this section.
(d) North Unit Irrigation District.--The Act of August 10, 1954 (68
Stat. 679, chapter 663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a maximum
of 50,000' and inserting `approximately 59,000' after `irrigation
service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise 49,817.75
irrigable acres, of which 35,773.75 acres are in Class A and
14,044.40 in Class B. These lands and the standards upon which the
classification was made are described in the document entitled
``Land Classification, North Unit, Deschutes Project, 1953'' which
is on file in the office of the Regional Director, Bureau of
Reclamation, Boise, Idaho, and in the office of the District' and
inserting `The classified irrigable land within the project
comprises 58,902.8 irrigable acres, all of which are authorized to
receive irrigation water pursuant to water rights issued by the
State of Oregon and have in the past received water pursuant to
such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with the
approval of the Secretary,' after `District may', by deleting `the
49,817.75 acre maximum limit on the irrigable area is not exceeded'
and inserting `irrigation service is provided to no more than
approximately 59,000 acres and no amendment to the District
boundary is required' after `time so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and may
further be used for instream purposes, including fish or wildlife
purposes, to the extent that such use is required by Oregon State
law in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law' after
`herein provided'.
``(5) By adding at the end of Article 12(d) the following: `(e)
Notwithstanding the above subsections of this Article or Article 13
below, beginning with the irrigation season immediately following
the date of enactment of the National Forests, Parks, Public Land,
and Reclamation Projects Authorization Act of 2007, the annual
installment for each year, for the District, under the Contract, on
account of the District's construction charge obligation, shall be
a fixed and equal annual amount payable on June 30 the year
following the year for which it is applicable, such that the
District's total construction charge obligation shall be completely
paid by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and for
instream purposes, including fish or wildlife purposes, to the
extent that such use is required by Oregon State law in order for
the District to engage in, or take advantage of, conserved water
projects as authorized by Oregon State law,' after `and incidental
stock and domestic uses', by inserting `and for instream purposes
as described above,' after `irrigation, stock and domestic uses',
and by inserting `, including natural flow rights out of the
Crooked River held by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and for
instream purposes, including fish or wildlife purposes, to the
extent that such use is required by Oregon State law in order for
the District to engage in, or take advantage of, conserved water
projects as authorized by Oregon State law' after `provided in
article 11'.
``(8) In Article 34 of the Contract, by deleting `The District,
after the election and upon the execution of this contract, shall
promptly secure final decree of the proper State court approving
and confirming this contract and decreeing and adjudging it to be a
lawful, valid, and binding general obligation of the District. The
District shall furnish to the United States certified copies of
such decrees and of all pertinent supporting records.' after `for
that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''.
SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.
(a) Authorization of Study.--Pursuant to reclamation laws, the
Secretary of the Interior, acting through the Bureau of Reclamation and
in consultation and cooperation with the States of Nebraska, Kansas,
and Colorado, may conduct a study to--
(1) determine the feasibility of implementing a water supply
and conservation project that will--
(A) improve water supply reliability in the Republican
River Basin between Harlan County Lake in Nebraska and Milford
Lake in Kansas, including areas in the counties of Harlan,
Franklin, Webster, and Nuckolls in Nebraska and Jewel,
Republic, Cloud, Washington, and Clay in Kansas (in this
section referred to as the ``Republican River Basin'');
(B) increase the capacity of water storage through
modifications of existing projects or through new projects that
serve areas in the Republican River Basin; and
(C) improve water management efficiency in the Republican
River Basin through conservation and other available means and,
where appropriate, evaluate integrated water resource
management and supply needs in the Republican River Basin; and
(2) consider appropriate cost-sharing options for
implementation of the project.
(b) Cost Sharing.--The Federal share of the cost of the study shall
not exceed 50 percent of the total cost of the study, and shall be
nonreimbursable.
(c) Cooperative Agreements.--The Secretary shall undertake the
study through cooperative agreements with the State of Kansas or
Nebraska and other appropriate entities determined by the Secretary.
(d) Completion and Report.--
(1) In general.--Except as provided in paragraph (2), not later
than 3 years after the date of the enactment of this Act, the
Secretary of the Interior shall complete the study and transmit to
the Congress a report containing the results of the study.
(2) Extension.--If the Secretary determines that the study
cannot be completed within the 3-year period beginning on the date
of the enactment of this Act, the Secretary--
(A) shall, at the time of that determination, report to the
Congress on the status of the study, including an estimate of
the date of completion; and
(B) complete the study and transmit to the Congress a
report containing the results of the study by not later than
that date.
(e) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of the enactment of this Act.
SEC. 511. EASTERN MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) is amended by adding at the
end the following:
``SEC. 1639. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER SYSTEM
PRESSURIZATION AND EXPANSION PROJECT, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the
Eastern Municipal Water District, California, may participate in the
design, planning, and construction of permanent facilities needed to
establish operational pressure zones that will be used to provide
recycled water in the district.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
``(e) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
the Reclamation Projects Authorization and Adjustment Act of 1992 (43
U.S.C. prec. 371) is amended by inserting after the item relating to
section 1638 the following:
``Sec. 1639. Eastern Municipal Water District Recycled Water System
Pressurization and Expansion Project, California.''.
SEC. 512. BAY AREA REGIONAL WATER RECYCLING PROGRAM.
(a) Project Authorizations.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by
section 512(a)) is amended by adding at the end the following:
``SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 1643. PITTSBURG RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,750,000.
``SEC. 1644. ANTIOCH RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
``SEC. 1645. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
``SEC. 1646. REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
``SEC. 1647. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
``SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the City
of San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
(2) Conforming amendments.--The table of sections in section 2
of the Reclamation Projects Authorization and Adjustment Act of
1992 (43 U.S.C. prec. 371) (as amended by section 512(b)) is
amended by inserting after the item relating to section 1641 the
following:
``Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 1643. Pittsburg Recycled Water Project.
``Sec. 1644. Antioch Recycled Water Project.
``Sec. 1645. North Coast County Water District Recycled Water Project.
``Sec. 1646. Redwood City Recycled Water Project.
``Sec. 1647. South Santa Clara County Recycled Water Project.
``Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.''.
(b) San Jose Area Water Reclamation and Reuse Project.--It is the
intent of Congress that a comprehensive water recycling program for the
San Francisco Bay Area include the San Jose Area water reclamation and
reuse program authorized by section 1607 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-5).
SEC. 513. BUREAU OF RECLAMATION SITE SECURITY.
(a) Treatment of Capital Costs.--Costs incurred by the Secretary of
the Interior for the physical fortification of Bureau of Reclamation
facilities to satisfy increased post-September 11, 2001, security
needs, including the construction, modification, upgrade, or
replacement of such facility fortifications, shall be nonreimbursable.
(b) Treatment of Security-Related Operation and Maintenance
Costs.--
(1) Reimbursable costs.--The Secretary of the Interior shall
include no more than $18,900,000 per fiscal year, indexed each
fiscal year after fiscal year 2008 according to the preceding
year's Consumer Price Index, of those costs incurred for increased
levels of guards and patrols, training, patrols by local and tribal
law enforcement entities, operation, maintenance, and replacement
of guard and response force equipment, and operation and
maintenance of facility fortifications at Bureau of Reclamation
facilities after the events of September 11, 2001, as reimbursable
operation and maintenance costs under Reclamation law.
(2) Costs collected through water rates.--In the case of the
Central Valley Project of California, site security costs allocated
to irrigation and municipal and industrial water service in
accordance with this section shall be collected by the Secretary
exclusively through inclusion of these costs in the operation and
maintenance water rates.
(c) Transparency and Report to Congress.--
(1) Policies and procedures.--The Secretary is authorized to
develop policies and procedures with project beneficiaries,
consistent with the requirements of paragraphs (2) and (3), to
provide for the payment of the reimbursable costs described in
subsection (b).
(2) Notice.--On identifying a Bureau of Reclamation facility
for a site security measure, the Secretary shall provide to the
project beneficiaries written notice--
(A) describing the need for the site security measure and
the process for identifying and implementing the site security
measure; and
(B) summarizing the administrative and legal requirements
relating to the site security measure.
(3) Consultation.--The Secretary shall--
(A) provide project beneficiaries an opportunity to consult
with the Bureau of Reclamation on the planning, design, and
construction of the site security measure; and
(B) in consultation with project beneficiaries, develop and
provide timeframes for the consultation described in
subparagraph (A).
(4) Response; notice.--Before incurring costs pursuant to
activities described in subsection (b), the Secretary shall
consider cost containment measures recommended by a project
beneficiary that has elected to consult with the Bureau of
Reclamation on such activities. The Secretary shall provide to the
project beneficiary--
(A) a timely written response describing proposed actions,
if any, to address the recommendation; and
(B) notice regarding the costs and status of such
activities on a periodic basis.
(5) Report.--The Secretary shall report annually to the Natural
Resources Committee of the House of Representatives and the Energy
and Natural Resources Committee of the Senate on site security
actions and activities undertaken pursuant to this Act for each
fiscal year. The report shall include a summary of Federal and non-
Federal expenditures for the fiscal year and information relating
to a 5-year planning horizon for the program, detailed to show pre-
September 11, 2001, and post-September 11, 2001, costs for the site
security activities.
(d) Pre-September 11, 2001 Security Cost Levels.--Reclamation
project security costs at the levels of activity that existed prior to
September 11, 2001, shall remain reimbursable.
SEC. 514. MORE WATER, MORE ENERGY, AND LESS WASTE.
(a) Findings.--The Congress finds that--
(1) development of energy resources, including oil, natural
gas, coalbed methane, and geothermal resources, frequently results
in bringing to the surface water extracted from underground
sources;
(2) some of that produced water is used for irrigation or other
purposes, but most of the water is returned to the subsurface or
otherwise disposed of as waste;
(3) reducing the quantity of produced water returned to the
subsurface and increasing the quantity of produced water that is
made available for irrigation and other uses--
(A) would augment water supplies;
(B) could reduce the costs to energy developers for
disposing of the water; and
(C) in some cases, could increase the efficiency of energy
development activities; and
(4) it is in the national interest--
(A) to limit the quantity of produced water disposed of as
waste;
(B) to optimize the production of energy resources; and
(C) to remove or reduce obstacles to use of produced water
for irrigation or other purposes in ways that will not
adversely affect water quality or the environment.
(b) Purposes.--The purposes of this section are--
(1) to optimize the production of energy resources--
(A) by minimizing the quantity of produced water; and
(B) by facilitating the use of produced water for
irrigation and other purposes without adversely affecting water
quality or the environment; and
(2) to demonstrate means of accomplishing those results.
(c) Definitions.--In this section:
(1) Lower basin state.--The term ``Lower Basin State'' means
any of the States of--
(A) Arizona;
(B) California; and
(C) Nevada.
(2) Produced water.--The term ``produced water'' means water
from an underground source that is brought to the surface as part
of the process of exploration for, or development of--
(A) oil;
(B) natural gas;
(C) coalbed methane; or
(D) any other substance to be used as an energy source.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Upper basin state.--The term ``Upper Basin State'' means
any of the States of--
(A) Colorado;
(B) New Mexico;
(C) Utah; and
(D) Wyoming.
(d) Identification of Problems and Solutions.--
(1) Study.--The Secretary shall conduct a study to identify--
(A) the technical, economic, environmental, and other
obstacles to reducing the quantity of produced water;
(B) the technical, economic, environmental, legal, and
other obstacles to increasing the extent to which produced
water can be used for irrigation and other purposes without
adversely affecting water quality, public health, or the
environment;
(C) the legislative, administrative, and other actions that
could reduce or eliminate the obstacles identified in
subparagraphs (A) and (B); and
(D) the costs and benefits associated with reducing or
eliminating the obstacles identified in subparagraphs (A) and
(B).
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report describing the
results of the study under paragraph (1).
(e) Implementation.--
(1) Grants.--Subject to the availability of appropriations, the
Secretary shall provide financial assistance for the development of
facilities, technologies, and processes to demonstrate the
feasibility, effectiveness, and safety of--
(A) optimizing energy resource production by reducing the
quantity of produced water generated; or
(B) increasing the extent to which produced water may be
recovered and made suitable for use for irrigation, municipal,
or industrial uses, or other purposes without adversely
affecting water quality or the environment.
(2) Limitations.--Assistance under this subsection--
(A) shall be provided for--
(i) at least 1 project in each of the Upper Basin
States; and
(ii) at least 1 project in at least 1 of the Lower
Basin States;
(B) shall not exceed $1,000,000 for any project;
(C) shall be used to pay not more than 50 percent of the
total cost of a project;
(D) shall not be used for the operation or maintenance of
any facility; and
(E) may be in addition to assistance provided by the
Federal Government pursuant to other provisions of law.
(f) Consultation, Advice, and Comments.--In carrying out this
section, including in preparing the report under subsection (d)(2) and
establishing criteria to be used in connection with an award of
financial assistance under subsection (e), the Secretary shall--
(1) consult with the Secretary of Energy, the Administrator of
the Environmental Protection Agency, and appropriate Governors and
local officials;
(2)(A) review any relevant information developed in connection
with research carried out by others, including research carried out
pursuant to subtitle J of title IX of the Energy Policy Act of 2005
(42 U.S.C. 16371 et seq.); and
(B) to the extent the Secretary determines to be advisable,
include that information in the report under subsection (d)(2);
(3) seek the advice of--
(A) individuals with relevant professional or academic
expertise; and
(B) individuals or representatives of entities with
industrial experience, particularly experience relating to
production of oil, natural gas, coalbed methane, or other
energy resources (including geothermal resources); and
(4) solicit comments and suggestions from the public.
(g) Relation to Other Laws.--Nothing in this section supersedes,
modifies, abrogates, or limits--
(1) the effect of any State law or any interstate authority or
compact relating to--
(A) any use of water; or
(B) the regulation of water quantity or quality; or
(2) the applicability or effect of any Federal law (including
regulations).
(h) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $1,000,000 to carry out subsection (d); and
(2) $7,500,000 to carry out subsection (e).
SEC. 515. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND
PATHFINDER MODIFICATION PROJECT AUTHORIZATION.
(a) Purposes.--The purposes of this section are to authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the States,
other Federal agencies, and other non-Federal entities, to continue
the cooperative effort among the Federal and non-Federal entities
through the implementation of the Platte River Recovery
Implementation Program for threatened and endangered species in the
Central and Lower Platte River Basin without creating Federal water
rights or requiring the grant of water rights to Federal entities;
and
(2) the modification of the Pathfinder Dam and Reservoir, in
accordance with the requirements described in subsection (c).
(b) Platte River Recovery Implementation Program.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the Secretary.
(B) First increment.--The term ``First Increment'' means
the first 13 years of the Program.
(C) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(D) Interest in land or water.--The term ``interest in land
or water'' includes a fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined to
be necessary by the Secretary to implement the land and water
components of the Program.
(E) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement.
(F) Project or activity.--The term ``project or activity''
means--
(i) the planning, design, permitting or other
compliance activity, preconstruction activity,
construction, construction management, operation,
maintenance, and replacement of a facility;
(ii) the acquisition of an interest in land or water;
(iii) habitat restoration;
(iv) research and monitoring;
(v) program administration; and
(vi) any other activity that is determined to be
necessary by the Secretary to carry out the Program.
(G) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(H) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
(2) Implementation of program.--
(A) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(i) participate in the Program; and
(ii) carry out any projects and activities that are
designated for implementation during the First Increment.
(B) Authority of secretary.--For purposes of carrying out
this section, the Secretary, in cooperation with the Governance
Committee, may--
(i) enter into agreements and contracts with Federal
and non-Federal entities;
(ii) acquire interests in land, water, and facilities
from willing sellers without the use of eminent domain;
(iii) subsequently transfer any interests acquired
under clause (ii); and
(iv) accept or provide grants.
(3) Cost-sharing contributions.--
(A) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(B) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(i) $30,000,000 in non-Federal funds, with the balance
of funds remaining to be contributed to be adjusted for
inflation on October 1 of the year after the date of
enactment of this Act and each October 1 thereafter.
(ii) Credit for contributions of water or land for the
purposes of implementing the Program, as determined to be
appropriate by the Secretary.
(C) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-Federal
share, respectively, in the form of in-kind goods or services,
if the contribution of goods or services is approved by the
Governance Committee, as provided in Attachment 1 of the
Agreement.
(4) Authority to modify program.--The Program may be modified
or amended before the completion of the First Increment if the
Secretary and the States determine that the modifications are
consistent with the purposes of the Program.
(5) Effect.--
(A) Effect on reclamation laws.--No action carried out
under this subsection shall, with respect to the acreage
limitation provisions of the reclamation laws--
(i) be considered in determining whether a district (as
the term is defined in section 202 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390bb)) has discharged the
obligation of the district to repay the construction cost
of project facilities used to make irrigation water
available for delivery to land in the district;
(ii) serve as the basis for reinstating acreage
limitation provisions in a district that has completed
payment of the construction obligations of the district; or
(iii) serve as the basis for increasing the
construction repayment obligation of the district, which
would extend the period during which the acreage limitation
provisions would apply.
(B) Effect on water rights.--Nothing in this section--
(i) creates Federal water rights; or
(ii) requires the grant of water rights to Federal
entities.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out projects and activities under this subsection
$157,140,000, as adjusted under subparagraph (C).
(B) Nonreimbursable federal expenditures.--Any amounts
expended under subparagraph (A) shall be considered to be
nonreimbursable Federal expenditures.
(C) Adjustment.--The balance of funds remaining to be
appropriated shall be adjusted for inflation on October 1 of
the year after the date of enactment of this Act and each
October 1 thereafter.
(D) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made available
under subparagraph (A) shall be retained for use in future
fiscal years to implement projects and activities under the
Program.
(7) Termination of authority.--The authority for the Secretary
to implement the First Increment shall terminate on September 30,
2020.
(c) Pathfinder Modification Project.--
(1) Authorization of project.--
(A) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
subsection as the ``Secretary''), may--
(i) modify the Pathfinder Dam and Reservoir; and
(ii) enter into 1 or more agreements with the State of
Wyoming to implement the Pathfinder Modification Project
(referred to in this subsection as the ``Project''), as
described in Appendix F to the Final Settlement Stipulation
in Nebraska v. Wyoming, 534 U.S. 40 (2001).
(B) Federal appropriations.--No Federal appropriations are
required to modify the Pathfinder Dam under this paragraph.
(2) Authorized uses of pathfinder reservoir.--Provided that all
of the conditions described in paragraph (3) are first met, the
approximately 54,000 acre-feet capacity of Pathfinder Reservoir,
which has been lost to sediment but will be recaptured by the
Project, may be used for municipal, environmental, and other
purposes, as described in Appendix F to the Final Settlement
Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001).
(3) Conditions precedent.--The actions and water uses
authorized in paragraphs (1)(A)(i) and (2) shall not occur until
each of the following actions have been completed:
(A) Final approval from the Wyoming legislature for the
export of Project water to the State of Nebraska under the laws
(including regulations) of the State of Wyoming.
(B) Final approval in a change of water use proceeding
under the laws (including regulations) of the State of Wyoming
for all new uses planned for Project water. Final approval, as
used in this subparagraph, includes exhaustion of any available
review under State law of any administrative action authorizing
the change of the Pathfinder Reservoir water right.
SEC. 516. CENTRAL OKLAHOMA MASTER CONSERVATORY DISTRICT FEASIBILITY
STUDY.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
section as the ``Secretary''), shall--
(A) conduct a feasibility study of alternatives to augment
the water supplies of--
(i) the Central Oklahoma Master Conservatory District
(referred to in this section as the ``District)''; and
(ii) cities served by the District;
(2) Inclusions.--The study under paragraph (1) shall include
recommendations of the Secretary, if any, relating to the
alternatives studied.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total costs of the
study under subsection (a) shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share required
under paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially toward the
conduct and completion of the study.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to conduct the study under subsection (a)
$900,000.
TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS
SEC. 601. ENERGY TECHNOLOGY TRANSFER.
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is
amended to read as follows:
``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
``(a) Grants.--Not later than 18 months after the date of enactment
of the National Forests, Parks, Public Land, and Reclamation Projects
Authorization Act of 2008, the Secretary shall make grants to nonprofit
institutions, State and local governments, cooperative extension
services, or institutions of higher education (or consortia thereof),
to establish a geographically dispersed network of Advanced Energy
Technology Transfer Centers, to be located in areas the Secretary
determines have the greatest need of the services of such Centers. In
making awards under this section, the Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and information about advanced energy efficiency methods
and technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
``(A) about a variety of technologies; and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would significantly
expand on or fill a gap in existing programs in a geographical
region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to encourage
demonstration and commercial application of advanced energy methods and
technologies through education and outreach to building and industrial
professionals, and to other individuals and organizations with an
interest in efficient energy use. Funds awarded under this section may
be used for the following activities:
``(1) Developing and distributing informational materials on
technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy methods
and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in the
dissemination of knowledge and information on technologies that
could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building heating and
cooling systems, for a wide range of energy end-users.
``(5) Examining the energy efficiency needs of energy end-users
to develop recommended research projects for the Department.
``(6) Hiring experts in energy efficient technologies to carry
out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this section
shall submit to the Secretary an application in such form and
containing such information as the Secretary may require. The Secretary
may award a grant under this section to an entity already in existence
if the entity is otherwise eligible under this section. The application
shall include, at a minimum--
``(1) a description of the applicant's outreach program, and
the geographic region it would serve, and of why the program would
be capable of transferring knowledge and information about advanced
energy technologies that increase efficiency of energy use;
``(2) a description of the activities the applicant would carry
out, of the technologies that would be transferred, and of any
other organizations that will help facilitate a regional approach
to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic region
to be served;
``(4) an estimate of the number and types of energy end-users
expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the following criteria, at a minimum:
``(1) The ability of the applicant to carry out the proposed
activities.
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate, such
as State and local governments, utilities, institutions of higher
education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach program
for carrying out the program described in this section.
``(4) The likelihood that proposed activities could be expanded
or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the Secretary
shall require cost-sharing in accordance with the requirements of
section 988 for commercial application activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this section
shall be for a period of 5 years.
``(2) Initial evaluation.--Each grantee under this section
shall be evaluated during its third year of operation under
procedures established by the Secretary to determine if the grantee
is accomplishing the purposes of this section described in
subsection (a). The Secretary shall terminate any grant that does
not receive a positive evaluation. If an evaluation is positive,
the Secretary may extend the grant for 3 additional years beyond
the original term of the grant.
``(3) Additional extension.--If a grantee receives an extension
under paragraph (2), the grantee shall be evaluated again during
the second year of the extension. The Secretary shall terminate any
grant that does not receive a positive evaluation. If an evaluation
is positive, the Secretary may extend the grant for a final
additional period of 3 additional years beyond the original
extension.
``(4) Limitation.--No grantee may receive more than 11 years of
support under this section without reapplying for support and
competing against all other applicants seeking a grant at that
time.
``(g) Prohibition.--None of the funds awarded under this section
may be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods and
technologies that promote energy efficiency and conservation,
including distributed generation technologies, and life-cycle
analysis of energy use.
``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat and
power, that serves electric consumers at or near the site of
production.
``(4) Cooperative extension.--The term `Cooperative Extension'
means the extension services established at the land-grant colleges
and universities under the Smith-Lever Act of May 8, 1914.
``(5) Land-grant colleges and universities.--The term `land-
grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of that
Act); and
``(C) 1994 Institutions (as defined in section 2 of that
Act).
``(i) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there are
authorized to be appropriated for the program under this section such
sums as may be appropriated.''.
SEC. 602. AMENDMENTS TO THE STEEL AND ALUMINUM ENERGY CONSERVATION
AND TECHNOLOGY COMPETITIVENESS ACT OF 1988.
(a) Authorization of Appropriations.--Section 9 of the Steel and
Aluminum Energy Conservation and Technology Competitiveness Act of 1988
(15 U.S.C. 5108) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this Act $12,000,000 for each of the fiscal years 2008 through
2012.''.
(b) Steel Project Priorities.--Section 4(c)(1) of the Steel and
Aluminum Energy Conservation and Technology Competitiveness Act of 1988
(15 U.S.C. 5103(c)(1)) is amended--
(1) in subparagraph (H), by striking ``coatings for sheet
steels'' and inserting ``sheet and bar steels''; and
(2) by adding at the end the following new subparagraph:
``(K) The development of technologies which reduce
greenhouse gas emissions.''.
(c) Conforming Amendments.--The Steel and Aluminum Energy
Conservation and Technology Competitiveness Act of 1988 is further
amended--
(1) by striking section 7 (15 U.S.C. 5106); and
(2) in section 8 (15 U.S.C. 5107), by inserting ``, beginning
with fiscal year 2008,'' after ``close of each fiscal year''.
TITLE VII--NORTHERN MARIANA ISLANDS
Subtitle A--Immigration, Security, and Labor
SEC. 701. STATEMENT OF CONGRESSIONAL INTENT.
(a) Immigration and Growth.--In recognition of the need to ensure
uniform adherence to long-standing fundamental immigration policies of
the United States, it is the intention of the Congress in enacting this
subtitle--
(1) to ensure that effective border control procedures are
implemented and observed, and that national security and homeland
security issues are properly addressed, by extending the
immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to apply
to the Commonwealth of the Northern Mariana Islands (referred to in
this subtitle as the ``Commonwealth''), with special provisions to
allow for--
(A) the orderly phasing-out of the nonresident contract
worker program of the Commonwealth; and
(B) the orderly phasing-in of Federal responsibilities over
immigration in the Commonwealth; and
(2) to minimize, to the greatest extent practicable, potential
adverse economic and fiscal effects of phasing-out the
Commonwealth's nonresident contract worker program and to maximize
the Commonwealth's potential for future economic and business
growth by--
(A) encouraging diversification and growth of the economy
of the Commonwealth in accordance with fundamental values
underlying Federal immigration policy;
(B) recognizing local self-government, as provided for in
the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union With the United States of
America through consultation with the Governor of the
Commonwealth;
(C) assisting the Commonwealth in achieving a progressively
higher standard of living for citizens of the Commonwealth
through the provision of technical and other assistance;
(D) providing opportunities for individuals authorized to
work in the United States, including citizens of the freely
associated states; and
(E) providing a mechanism for the continued use of alien
workers, to the extent those workers continue to be necessary
to supplement the Commonwealth's resident workforce, and to
protect those workers from the potential for abuse and
exploitation.
(b) Avoiding Adverse Effects.--In recognition of the Commonwealth's
unique economic circumstances, history, and geographical location, it
is the intent of the Congress that the Commonwealth be given as much
flexibility as possible in maintaining existing businesses and other
revenue sources, and developing new economic opportunities, consistent
with the mandates of this subtitle. This subtitle, and the amendments
made by this subtitle, should be implemented wherever possible to
expand tourism and economic development in the Commonwealth, including
aiding prospective tourists in gaining access to the Commonwealth's
memorials, beaches, parks, dive sites, and other points of interest.
SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH.
(a) Amendment to Joint Resolution Approving Covenant Establishing
Commonwealth of the Northern Mariana Islands.--The Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America', and for other purposes'', approved March
24, 1976 (Public Law 94-241; 90 Stat. 263), is amended by adding at the
end the following new section:
``SEC. 6. IMMIGRATION AND TRANSITION.
``(a) Application of the Immigration and Nationality Act and
Establishment of a Transition Program.--
``(1) In general.--Subject to paragraphs (2) and (3), effective
on the first day of the first full month commencing 1 year after
the date of enactment of the Consolidated Natural Resources Act of
2008 (hereafter referred to as the `transition program effective
date'), the provisions of the `immigration laws' (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) shall apply to the Commonwealth of the Northern
Mariana Islands (referred to in this section as the
`Commonwealth'), except as otherwise provided in this section.
``(2) Transition period.--There shall be a transition period
beginning on the transition program effective date and ending on
December 31, 2014, except as provided in subsections (b) and (d),
during which the Secretary of Homeland Security, in consultation
with the Secretary of State, the Attorney General, the Secretary of
Labor, and the Secretary of the Interior, shall establish,
administer, and enforce a transition program to regulate
immigration to the Commonwealth, as provided in this section
(hereafter referred to as the `transition program').
``(3) Delay of commencement of transition period.--
``(A) In general.--The Secretary of Homeland Security, in
the Secretary's sole discretion, in consultation with the
Secretary of the Interior, the Secretary of Labor, the
Secretary of State, the Attorney General, and the Governor of
the Commonwealth, may determine that the transition program
effective date be delayed for a period not to exceed more than
180 days after such date.
``(B) Congressional notification.--The Secretary of
Homeland Security shall notify the Congress of a determination
under subparagraph (A) not later than 30 days prior to the
transition program effective date.
``(C) Congressional review.--A delay of the transition
program effective date shall not take effect until 30 days
after the date on which the notification under subparagraph (B)
is made.
``(4) Requirement for regulations.--The transition program
shall be implemented pursuant to regulations to be promulgated, as
appropriate, by the head of each agency or department of the United
States having responsibilities under the transition program.
``(5) Interagency agreements.--The Secretary of Homeland
Security, the Secretary of State, the Secretary of Labor, and the
Secretary of the Interior shall negotiate and implement agreements
among their agencies to identify and assign their respective duties
so as to ensure timely and proper implementation of the provisions
of this section. The agreements should address, at a minimum,
procedures to ensure that Commonwealth employers have access to
adequate labor, and that tourists, students, retirees, and other
visitors have access to the Commonwealth without unnecessary delay
or impediment. The agreements may also allocate funding between the
respective agencies tasked with various responsibilities under this
section.
``(6) Certain education funding.--In addition to fees charged
pursuant to section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)) to recover the full costs of providing
adjudication services, the Secretary of Homeland Security shall
charge an annual supplemental fee of $150 per nonimmigrant worker
to each prospective employer who is issued a permit under
subsection (d) of this section during the transition period. Such
supplemental fee shall be paid into the Treasury of the
Commonwealth government for the purpose of funding ongoing
vocational educational curricula and program development by
Commonwealth educational entities.
``(7) Asylum.--Section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) shall not apply during the transition period to
persons physically present in the Commonwealth or arriving in the
Commonwealth (whether or not at a designated port of arrival),
including persons brought to the Commonwealth after having been
interdicted in international or United States waters.
``(b) Numerical Limitations for Nonimmigrant Workers.--An alien, if
otherwise qualified, may seek admission to Guam or to the Commonwealth
during the transition program as a nonimmigrant worker under section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) without counting against the numerical limitations set
forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection
does not apply to any employment to be performed outside of Guam or the
Commonwealth. Not later than 3 years following the transition program
effective date, the Secretary of Homeland Security shall issue a report
to the Committee on Energy and Natural Resources and the Committee on
the Judiciary of the Senate and the Committee on Natural Resources and
the Committee on the Judiciary of the House of Representatives
projecting the number of asylum claims the Secretary anticipates
following the termination of the transition period, the efforts the
Secretary has made to ensure appropriate interdiction efforts, provide
for appropriate treatment of asylum seekers, and prepare to accept and
adjudicate asylum claims in the Commonwealth.
``(c) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements in
section 101(a)(15)(E) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(E)), during the transition period, the Secretary
of Homeland Security may, upon the application of an alien,
classify an alien as a CNMI-only nonimmigrant under section
101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth in long-term
investor status under the immigration laws of the Commonwealth
before the transition program effective date;
``(B) has continuously maintained residence in the
Commonwealth under long-term investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that formed
the basis for such long-term investor status.
``(2) Requirement for regulations.--Not later than 60 days
before the transition program effective date, the Secretary of
Homeland Security shall publish regulations in the Federal Register
to implement this subsection.
``(d) Special Provision To Ensure Adequate Employment; Commonwealth
Only Transitional Workers.--An alien who is seeking to enter the
Commonwealth as a nonimmigrant worker may be admitted to perform work
during the transition period subject to the following requirements:
``(1) Such an alien shall be treated as a nonimmigrant
described in section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)), including the ability to apply, if
otherwise eligible, for a change of nonimmigrant classification
under section 248 of such Act (8 U.S.C. 1258) or adjustment of
status under this section and section 245 of such Act (8 U.S.C.
1255).
``(2) The Secretary of Homeland Security shall establish,
administer, and enforce a system for allocating and determining the
number, terms, and conditions of permits to be issued to
prospective employers for each such nonimmigrant worker described
in this subsection who would not otherwise be eligible for
admission under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.). In adopting and enforcing this system, the Secretary
shall also consider, in good faith and not later than 30 days after
receipt by the Secretary, any comments and advice submitted by the
Governor of the Commonwealth. This system shall provide for a
reduction in the allocation of permits for such workers on an
annual basisto zero, during a period not to extend beyond December
31, 2014, unless extended pursuant to paragraph 5 of this
subsection. In no event shall a permit be valid beyond the
expiration of the transition period. This system may be based on
any reasonable method and criteria determined by the Secretary of
Homeland Security to promote the maximum use of, and to prevent
adverse effects on wages and working conditions of, workers
authorized to be employed in the United States, including lawfully
admissible freely associated state citizen labor. No alien shall be
granted nonimmigrant classification or a visa under this subsection
unless the permit requirements established under this paragraph
have been met.
``(3) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the transition
program, and the Secretary of State shall authorize the issuance of
nonimmigrant visas for such an alien. Such a visa shall not be
valid for admission to the United States, as defined in section
101(a)(38) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(38)), except admission to the Commonwealth. An alien
admitted to the Commonwealth on the basis of such a visa shall be
permitted to engage in employment only as authorized pursuant to
the transition program.
``(4) Such an alien shall be permitted to transfer between
employers in the Commonwealth during the period of such alien's
authorized stay therein, without permission of the employee's
current or prior employer, within the alien's occupational category
or another occupational category the Secretary of Homeland Security
has found requires alien workers to supplement the resident
workforce.
``(5)(A) Not later than 180 days prior to the expiration of the
transition period, or any extension thereof, the Secretary of
Labor, in consultation with the Secretary of Homeland Security, the
Secretary of Defense, the Secretary of the Interior, and the
Governor of the Commonwealth, shall ascertain the current and
anticipated labor needs of the Commonwealth and determine whether
an extension of up to 5 years of the provisions of this subsection
is necessary to ensure an adequate number of workers will be
available for legitimate businesses in the Commonwealth. For the
purpose of this subparagraph, a business shall not be considered
legitimate if it engages directly or indirectly in prostitution,
trafficking in minors, or any other activity that is illegal under
Federal or local law. The determinations of whether a business is
legitimate and to what extent, if any, it may require alien workers
to supplement the resident workforce, shall be made by the
Secretary of Homeland Security, in the Secretary's sole discretion.
``(B) If the Secretary of Labor determines that such an
extension is necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, the Secretary of Labor
may, through notice published in the Federal Register, provide for
an additional extension period of up to 5 years.
``(C) In making the determination of whether alien workers are
necessary to ensure an adequate number of workers for legitimate
businesses in the Commonwealth, and if so, the number of such
workers that are necessary, the Secretary of Labor may consider,
among other relevant factors--
``(i) government, industry, or independent workforce
studies reporting on the need, or lack thereof, for alien
workers in the Commonwealth's businesses;
``(ii) the unemployment rate of United States citizen
workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the Commonwealth
who have been lawfully admitted for permanent residence;
``(iv) the number of unemployed alien workers in the
Commonwealth;
``(v) any good faith efforts to locate, educate, train, or
otherwise prepare United States citizen residents, lawful
permanent residents, and unemployed alien workers already
within the Commonwealth, to assume those jobs;
``(vi) any available evidence tending to show that United
States citizen residents, lawful permanent residents, and
unemployed alien workers already in the Commonwealth are not
willing to accept jobs of the type offered;
``(vii) the extent to which admittance of alien workers
will affect the compensation, benefits, and living standards of
existing workers within those industries and other industries
authorized to employ alien workers; and
``(viii) the prior use, if any, of alien workers to fill
those industry jobs, and whether the industry requires alien
workers to fill those jobs.
``(6) The Secretary of Homeland Security may authorize the
admission of a spouse or minor child accompanying or following to
join a worker admitted pursuant to this subsection.
``(e) Persons Lawfully Admitted Under the Commonwealth Immigration
Law.--
``(1) Prohibition on removal.--
``(A) In general.--Subject to subparagraph (B), no alien
who is lawfully present in the Commonwealth pursuant to the
immigration laws of the Commonwealth on the transition program
effective date shall be removed from the United States on the
grounds that such alien's presence in the Commonwealth is in
violation of section 212(a)(6)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(A)), until the earlier of
the date--
``(i) of the completion of the period of the alien's
admission under the immigration laws of the Commonwealth;
or
``(ii) that is 2 years after the transition program
effective date.
``(B) Limitations.--Nothing in this subsection shall be
construed to prevent or limit the removal under subparagraph
212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)) of such an alien at any time, if the alien
entered the Commonwealth after the date of enactment of the
Consolidated Natural Resources Act of 2008, and the Secretary
of Homeland Security has determined that the Government of the
Commonwealth has violated section 702(i) of the Consolidated
Natural Resources Act of 2008.
``(2) Employment authorization.--An alien who is lawfully
present and authorized to be employed in the Commonwealth pursuant
to the immigration laws of the Commonwealth on the transition
program effective date shall be considered authorized by the
Secretary of Homeland Security to be employed in the Commonwealth
until the earlier of the date--
``(A) of expiration of the alien's employment authorization
under the immigration laws of the Commonwealth; or
``(B) that is 2 years after the transition program
effective date.
``(3) Registration.--The Secretary of Homeland Security may
require any alien present in the Commonwealth on or after the
transition period effective date to register with the Secretary in
such a manner, and according to such schedule, as he may in his
discretion require. Paragraphs (1) and (2) of this subsection shall
not apply to any alien who fails to comply with such registration
requirement. Notwithstanding any other law, the Government of the
Commonwealth shall provide to the Secretary all Commonwealth
immigration records or other information that the Secretary deems
necessary to assist the implementation of this paragraph or other
provisions of the Consolidated Natural Resources Act of 2008.
Nothing in this paragraph shall modify or limit section 262 of the
Immigration and Nationality Act (8 U.S.C. 1302) or other provision
of the Immigration and Nationality Act relating to the registration
of aliens.
``(4) Removable aliens.--Except as specifically provided in
paragraph (1)(A) of this subsection, nothing in this subsection
shall prohibit or limit the removal of any alien who is removable
under the Immigration and Nationality Act.
``(5) Prior orders of removal.--The Secretary of Homeland
Security may execute any administratively final order of exclusion,
deportation or removal issued under authority of the immigration
laws of the United States before, on, or after the transition
period effective date, or under authority of the immigration laws
of the Commonwealth before the transition period effective date,
upon any subject of such order found in the Commonwealth on or
after the transition period effective date, regardless whether the
alien has previously been removed from the United States or the
Commonwealth pursuant to such order.
``(f) Effect on Other Laws.--The provisions of this section and of
the immigration laws, as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the
transition program effective date, supersede and replace all laws,
provisions, or programs of the Commonwealth relating to the admission
of aliens and the removal of aliens from the Commonwealth.
``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) of the
Immigration and Nationality Act.--No time that an alien is present in
the Commonwealth in violation of the immigration laws of the
Commonwealth shall be counted for purposes of inadmissibility under
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)).
``(h) Report on Nonresident Guestworker Population.--The Secretary
of the Interior, in consultation with the Secretary of Homeland
Security, and the Governor of the Commonwealth, shall report to the
Congress not later than 2 years after the date of enactment of the
Consolidated Natural Resources Act of 2008. The report shall include--
``(1) the number of aliens residing in the Commonwealth;
``(2) a description of the legal status (under Federal law) of
such aliens;
``(3) the number of years each alien has been residing in the
Commonwealth;
``(4) the current and future requirements of the Commonwealth
economy for an alien workforce; and
``(5) such recommendations to the Congress, as the Secretary
may deem appropriate, related to whether or not the Congress should
consider permitting lawfully admitted guest workers lawfully
residing in the Commonwealth on such enactment date to apply for
long-term status under the immigration and nationality laws of the
United States.''.
(b) Waiver of Requirements for Nonimmigrant Visitors.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking ``Guam'' each place such term appears and
inserting ``Guam or the Commonwealth of the Northern Mariana
Islands''; and
(B) by striking ``fifteen'' and inserting ``45'';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by
amending clause (iii) to read as follows:
``(iii) Guam and northern mariana islands visa
waiver.--For provision authorizing waiver of clause (i) in
the case of visitors to Guam or the Commonwealth of the
Northern Mariana Islands, see subsection (l).''; and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read as
follows:
``(l) Guam and Northern Mariana Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection (a)(7)(B)(i)
may be waived by the Secretary of Homeland Security, in the case of
an alien applying for admission as a nonimmigrant visitor for
business or pleasure and solely for entry into and stay in Guam or
the Commonwealth of the Northern Mariana Islands for a period not
to exceed 45 days, if the Secretary of Homeland Security, after
consultation with the Secretary of the Interior, the Secretary of
State, the Governor of Guam and the Governor of the Commonwealth of
the Northern Mariana Islands, determines that--
``(A) an adequate arrival and departure control system has
been developed in Guam and the Commonwealth of the Northern
Mariana Islands; and
``(B) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its
territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided a
waiver under this subsection unless the alien has waived any
right--
``(A) to review or appeal under this Act an immigration
officer's determination as to the admissibility of the alien at
the port of entry into Guam or the Commonwealth of the Northern
Mariana Islands; or
``(B) to contest, other than on the basis of an application
for withholding of removal under section 241(b)(3) of this Act
or under the Convention Against Torture, or an application for
asylum if permitted under section 208, any action for removal
of the alien.
``(3) Regulations.--All necessary regulations to implement this
subsection shall be promulgated by the Secretary of Homeland
Security, in consultation with the Secretary of the Interior and
the Secretary of State, on or before the 180th day after the date
of enactment of the Consolidated Natural Resources Act of 2008. The
promulgation of such regulations shall be considered a foreign
affairs function for purposes of section 553(a) of title 5, United
States Code. At a minimum, such regulations should include, but not
necessarily be limited to--
``(A) a listing of all countries whose nationals may obtain
the waiver also provided by this subsection, except that such
regulations shall provide for a listing of any country from
which the Commonwealth has received a significant economic
benefit from the number of visitors for pleasure within the
one-year period preceding the date of enactment of the
Consolidated Natural Resources Act of 2008, unless the
Secretary of Homeland Security determines that such country's
inclusion on such list would represent a threat to the welfare,
safety, or security of the United States or its territories;
and
``(B) any bonding requirements for nationals of some or all
of those countries who may present an increased risk of
overstays or other potential problems, if different from such
requirements otherwise provided by law for nonimmigrant
visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this subsection to nationals of any
country, the Secretary of Homeland Security, in consultation with
the Secretary of the Interior and the Secretary of State, shall
consider all factors that the Secretary deems relevant, including
electronic travel authorizations, procedures for reporting lost and
stolen passports, repatriation of aliens, rates of refusal for
nonimmigrant visitor visas, overstays, exit systems, and
information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the
Commonwealth of the Northern Mariana Islands under this subsection.
If the Secretary determines that such admissions have resulted in
an unacceptable number of visitors from a country remaining
unlawfully in Guam or the Commonwealth of the Northern Mariana
Islands, unlawfully obtaining entry to other parts of the United
States, or seeking withholding of removal or asylum, or that
visitors from a country pose a risk to law enforcement or security
interests of Guam or the Commonwealth of the Northern Mariana
Islands or of the United States (including the interest in the
enforcement of the immigration laws of the United States), the
Secretary shall suspend the admission of nationals of such country
under this subsection. The Secretary of Homeland Security may in
the Secretary's discretion suspend the Guam and Northern Mariana
Islands visa waiver program at any time, on a country-by-country
basis, for other good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands may
request the Secretary of the Interior and the Secretary of Homeland
Security to add a particular country to the list of countries whose
nationals may obtain the waiver provided by this subsection, and
the Secretary of Homeland Security may grant such request after
consultation with the Secretary of the Interior and the Secretary
of State, and may promulgate regulations with respect to the
inclusion of that country and any special requirements the
Secretary of Homeland Security, in the Secretary's sole discretion,
may impose prior to allowing nationals of that country to obtain
the waiver provided by this subsection.''.
(c) Special Nonimmigrant Categories for Guam and the Commonwealth
of the Northern Mariana Islands.--The Governor of Guam and the Governor
of the Commonwealth of the Northern Mariana Islands (referred to in
this subsection as ``CNMI'') may request that the Secretary of Homeland
Security study the feasibility of creating additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant visa
categories under the Immigration and Nationality Act do not provide for
the type of visitor, the duration of allowable visit, or other
circumstance. The Secretary of Homeland Security may review such a
request, and, after consultation with the Secretary of State and the
Secretary of the Interior, shall issue a report to the Committee on
Energy and Natural Resources and the Committee on the Judiciary of the
Senate and the Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives with respect to the
feasibility of creating those additional Guam or CNMI-only visa
categories. Consideration of such additional Guam or CNMI-only visa
categories may include, but are not limited to, special nonimmigrant
statuses for investors, students, and retirees, but shall not include
nonimmigrant status for the purpose of employment in Guam or the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of the
Northern Mariana Islands; Guam and Northern Mariana Islands-Only Visas
Not Valid for Entry Into Other Parts of the United States.--Section
212(d)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(7))
is amended by inserting ``the Commonwealth of the Northern Mariana
Islands,'' after ``Guam,''.
(e) Technical Assistance Program.--
(1) In general.--The Secretary of the Interior, in consultation
with the Governor of the Commonwealth, the Secretary of Labor, and
the Secretary of Commerce, and as provided in the Interagency
Agreements required to be negotiated under section 6(a)(4) of the
Joint Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America', and
for other purposes'', approved March 24, 1976 (Public Law 94-241),
as added by subsection (a), shall provide--
(A) technical assistance and other support to the
Commonwealth to identify opportunities for, and encourage
diversification and growth of, the economy of the Commonwealth;
(B) technical assistance, including assistance in
recruiting, training, and hiring of workers, to assist
employers in the Commonwealth in securing employees first from
among United States citizens and nationals resident in the
Commonwealth and if an adequate number of such workers are not
available, from among legal permanent residents, including
lawfully admissible citizens of the freely associated states;
and
(C) technical assistance, including assistance to identify
types of jobs needed, identify skills needed to fulfill such
jobs, and assistance to Commonwealth educational entities to
develop curricula for such job skills to include training
teachers and students for such skills.
(2) Consultation.--In providing such technical assistance under
paragraph (1), the Secretaries shall--
(A) consult with the Government of the Commonwealth, local
businesses, regional banks, educational institutions, and other
experts in the economy of the Commonwealth; and
(B) assist in the development and implementation of a
process to identify opportunities for and encourage
diversification and growth of the economy of the Commonwealth
and to identify and encourage opportunities to meet the labor
needs of the Commonwealth.
(3) Cost-sharing.--For the provision of technical assistance or
support under this paragraph (other than that required to pay the
salaries and expenses of Federal personnel), the Secretary of the
Interior shall require a non-Federal matching contribution of 10
percent.
(f) Operations.--
(1) Establishment.--At any time on and after the date of
enactment of this Act, the Attorney General, Secretary of Homeland
Security, and the Secretary of Labor may establish and maintain
offices and other operations in the Commonwealth for the purpose of
carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); and
(B) the transition program established under section 6 of
the Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a).
(2) Personnel.--To the maximum extent practicable and
consistent with the satisfactory performance of assigned duties
under applicable law, the Attorney General, Secretary of Homeland
Security, and the Secretary of Labor shall recruit and hire
personnel from among qualified United States citizens and national
applicants residing in the Commonwealth to serve as staff in
carrying out operations described in paragraph (1).
(g) Conforming Amendments to Public Law 94-241.--
(1) Amendments.--Public Law 94-241 is amended as follows:
(A) In section 503 of the covenant set forth in section 1,
by striking subsection (a) and redesignating subsections (b)
and (c) as subsections (a) and (b), respectively.
(B) By striking section 506 of the covenant set forth in
section 1.
(C) In section 703(b) of the covenant set forth in section
1, by striking ``quarantine, passport, immigration and
naturalization'' and inserting ``quarantine and passport''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on the transition program effective date described in
section 6 of Public Law 94-241 (as added by subsection (a)).
(h) Reports to Congress.--
(1) In general.--Not later than March 1 of the first year that
is at least 2 full years after the date of enactment of this
subtitle, and annually thereafter, the President shall submit to
the Committee on Energy and Natural Resources and the Committee on
the Judiciary of the Senate and the Committee on Natural Resources
and the Committee on the Judiciary of the House of Representatives
a report that evaluates the overall effect of the transition
program established under section 6 of the Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To Establish
a Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America', and for other purposes'',
approved March 24, 1976 (Public Law 94-241), as added by subsection
(a), and the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) on the Commonwealth.
(2) Contents.--In addition to other topics otherwise required
to be included under this subtitle or the amendments made by this
subtitle, each report submitted under paragraph (1) shall include a
description of the efforts that have been undertaken during the
period covered by the report to diversify and strengthen the local
economy of the Commonwealth, including efforts to promote the
Commonwealth as a tourist destination. The report by the President
shall include an estimate for the numbers of nonimmigrant workers
described under section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid
adverse economic effects in Guam and the Commonwealth.
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after the
date of enactment of this Act, to include, at a minimum, the
following items:
(A) An assessment of the implementation of this subtitle
and the amendments made by this subtitle, including an
assessment of the performance of Federal agencies and the
Government of the Commonwealth in meeting congressional intent.
(B) An assessment of the short-term and long-term impacts
of implementation of this subtitle and the amendments made by
this subtitle on the economy of the Commonwealth, including its
ability to obtain workers to supplement its resident workforce
and to maintain access to its tourists and customers, and any
effect on compliance with United States treaty obligations
mandating non-refoulement for refugees.
(C) An assessment of the economic benefit of the investors
``grandfathered'' under subsection (c) of section 6 of the
Joint Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America',
and for other purposes'', approved March 24, 1976 (Public Law
94-241), as added by subsection (a), and the Commonwealth's
ability to attract new investors after the date of enactment of
this Act.
(D) An assessment of the number of illegal aliens in the
Commonwealth, including any Federal and Commonwealth efforts to
locate and repatriate them.
(4) Reports by the local government.--The Governor of the
Commonwealth may submit an annual report to the President on the
implementation of this subtitle, and the amendments made by this
subtitle, with recommendations for future changes. The President
shall forward the Governor's report to the Congress with any
Administration comment after an appropriate period of time for
internal review, provided that nothing in this paragraph shall be
construed to require the President to provide any legislative
recommendation to the Congress.
(5) Report on federal personnel and resource requirements.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consulting with the Secretary
of the Interior and other departments and agencies as may be deemed
necessary, shall submit a report to the Committee on Natural
Resources, the Committee on Homeland Security, and the Committee on
the Judiciary of the House of Representatives, and to the Committee
on Energy and Natural Resources, the Committee on Homeland Security
and Governmental Affairs, and the Committee on the Judiciary of the
Senate, on the current and planned levels of Transportation
Security Administration, United States Customs and Border
Protection, United States Immigration and Customs Enforcement,
United States Citizenship and Immigration Services, and United
States Coast Guard personnel and resources necessary for fulfilling
mission requirements on Guam and the Commonwealth in a manner
comparable to the level provided at other similar ports of entry in
the United States. In fulfilling this reporting requirement, the
Secretary shall consider and anticipate the increased requirements
due to the proposed realignment of military forces on Guam and in
the Commonwealth and growth in the tourism sector.
(i) Required Actions Prior to Transition Program Effective Date.--
During the period beginning on the date of enactment of this Act and
ending on the transition program effective date described in section 6
of Public Law 94-241 (as added by subsection (a)), the Government of
the Commonwealth shall--
(1) not permit an increase in the total number of alien workers
who are present in the Commonwealth as of the date of enactment of
this Act; and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth in the
Memorandum of Agreement entered into between the Commonwealth
of the Northern Mariana Islands and the United States
Department of Interior, Office of Insular Affairs, executed on
September 12, 2003 (which terms and procedures, including but
not limited to funding by the Secretary of the Interior and
performance by the Secretary of Homeland Security of the duties
of ``Protection Consultant'' to the Commonwealth, shall have
effect on and after the date of enactment of this Act), as well
as CNMI Public Law 13-61 and the Immigration Regulations
Establishing a Procedural Mechanism for Persons Requesting
Protection from Refoulement; and
(B) so as not to remove or otherwise effect the involuntary
return of any alien whom the Protection Consultant has
determined to be eligible for protection from persecution or
torture.
(j) Conforming Amendments to the Immigration and Nationality Act.--
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 101(a)(15)(D)(ii), by inserting ``or the
Commonwealth of the Northern Mariana Islands'' after ``Guam'' each
time such term appears;
(2) in section 101(a)(36), by striking ``and the Virgin Islands
of the United States'' and inserting ``the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana
Islands'';
(3) in section 101(a)(38), by striking ``and the Virgin Islands
of the United States'' and inserting ``the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana
Islands'';
(4) in section 208, by adding at the end the following:
``(e) Commonwealth of the Northern Mariana Islands.--The provisions
of this section and section 209(b) shall apply to persons physically
present in the Commonwealth of the Northern Mariana Islands or arriving
in the Commonwealth (whether or not at a designated port of arrival and
including persons who are brought to the Commonwealth after having been
interdicted in international or United States waters) only on or after
January 1, 2014.''; and
(5) in section 235(b)(1), by adding at the end the following:
``(G) Commonwealth of the northern mariana islands.--
Nothing in this subsection shall be construed to authorize or
require any person described in section 208(e) to be permitted
to apply for asylum under section 208 at any time before
January 1, 2014.''.
(k) Availability of Other Nonimmigrant Professionals.--The
requirements of section 212(m)(6)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility in Guam, the
Commonwealth of the Northern Mariana Islands, or the Virgin Islands.
SEC. 703. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.
Public Law 94-241, as amended, is further amended in section
4(c)(3) by striking the colon after ``Marshall Islands'' and inserting
the following: ``, except that $200,000 in fiscal year 2009 and
$225,000 annually for fiscal years 2010 through 2018 are hereby
rescinded; Provided, That the amount rescinded shall be increased by
the same percentage as that of the annual salary and benefit
adjustments for Members of Congress''.
SEC. 704. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
SEC. 705. EFFECTIVE DATE.
(a) In General.--Except as specifically provided in this section or
otherwise in this subtitle, this subtitle and the amendments made by
this subtitle shall take effect on the date of enactment of this Act.
(b) Amendments to the Immigration and Nationality Act.--The
amendments to the Immigration and Nationality Act made by this
subtitle, and other provisions of this subtitle applying the
immigration laws (as defined in section 101(a)(17) of Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take
effect on the transition program effective date described in section 6
of Public Law 94-241 (as added by section 702(a)), unless specifically
provided otherwise in this subtitle.
(c) Construction.--Nothing in this subtitle or the amendments made
by this subtitle shall be construed to make any residence or presence
in the Commonwealth before the transition program effective date
described in section 6 of Public Law 94-241 (as added by section
702(a)) residence or presence in the United States, except that, for
the purpose only of determining whether an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has abandoned
or lost such status by reason of absence from the United States, such
alien's presence in the Commonwealth before, on, or after the date of
enactment of this Act shall be considered to be presence in the United
States.
Subtitle B--Northern Mariana Islands Delegate
SEC. 711. DELEGATE TO HOUSE OF REPRESENTATIVES FROM COMMONWEALTH OF
THE NORTHERN MARIANA ISLANDS.
The Commonwealth of the Northern Mariana Islands shall be
represented in the United States Congress by the Resident
Representative to the United States authorized by section 901 of the
Covenant To Establish a Commonwealth of the Northern Mariana Islands in
Political Union With the United States of America (approved by Public
Law 94-241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall
be a nonvoting Delegate to the House of Representatives, elected as
provided in this subtitle.
SEC. 712. ELECTION OF DELEGATE.
(a) Electors and Time of Election.--The Delegate shall be elected--
(1) by the people qualified to vote for the popularly elected
officials of the Commonwealth of the Northern Mariana Islands; and
(2) at the Federal general election of 2008 and at such Federal
general election every 2d year thereafter.
(b) Manner of Election.--
(1) In general.--The Delegate shall be elected at large and by
a plurality of the votes cast for the office of Delegate.
(2) Effect of establishment of primary elections.--
Notwithstanding paragraph (1), if the Government of the
Commonwealth of the Northern Mariana Islands, acting pursuant to
legislation enacted in accordance with the Constitution of the
Commonwealth of the Northern Mariana Islands, provides for primary
elections for the election of the Delegate, the Delegate shall be
elected by a majority of the votes cast in any general election for
the office of Delegate for which such primary elections were held.
(c) Vacancy.--In case of a permanent vacancy in the office of
Delegate, the office of Delegate shall remain vacant until a successor
is elected and qualified.
(d) Commencement of Term.--The term of the Delegate shall commence
on the 3d day of January following the date of the election.
SEC. 713. QUALIFICATIONS FOR OFFICE OF DELEGATE.
To be eligible for the office of Delegate a candidate shall--
(1) be at least 25 years of age on the date of the election;
(2) have been a citizen of the United States for at least 7
years prior to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of the
Northern Mariana Islands for at least 7 years prior to the date of
the election;
(4) be qualified to vote in the Commonwealth of the Northern
Mariana Islands on the date of the election; and
(5) not be, on the date of the election, a candidate for any
other office.
SEC. 714. DETERMINATION OF ELECTION PROCEDURE.
Acting pursuant to legislation enacted in accordance with the
Constitution of the Commonwealth of the Northern Mariana Islands, the
Government of the Commonwealth of the Northern Mariana Islands may
determine the order of names on the ballot for election of Delegate,
the method by which a special election to fill a permanent vacancy in
the office of Delegate shall be conducted, the method by which ties
between candidates for the office of Delegate shall be resolved, and
all other matters of local application pertaining to the election and
the office of Delegate not otherwise expressly provided for in this
subtitle.
SEC. 715. COMPENSATION, PRIVILEGES, AND IMMUNITIES.
Until the Rules of the House of Representatives are amended to
provide otherwise, the Delegate from the Commonwealth of the Northern
Mariana Islands shall receive the same compensation, allowances, and
benefits as a Member of the House of Representatives, and shall be
entitled to whatever privileges and immunities are, or hereinafter may
be, granted to any other nonvoting Delegate to the House of
Representatives.
SEC. 716. LACK OF EFFECT ON COVENANT.
No provision of this subtitle shall be construed to alter, amend,
or abrogate any provision of the covenant referred to in section 711
except section 901 of the covenant.
SEC. 717. DEFINITION.
For purposes of this subtitle, the term ``Delegate'' means the
Resident Representative referred to in section 711.
SEC. 718. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO MILITARY
SERVICE ACADEMIES BY DELEGATE FROM THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
(a) United States Military Academy.--Section 4342(a)(10) of title
10, United States Code, is amended by striking ``resident
representative'' and inserting ``Delegate in Congress''.
(b) United States Naval Academy.--Section 6954(a)(10) of such title
is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
(c) United States Air Force Academy.--Section 9342(a)(10) of such
title is amended by striking ``resident representative'' and inserting
``Delegate in Congress''.
TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS
SEC. 801. APPROVAL OF AGREEMENTS.
(a) In General.--Section 101 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including Article X
of the Federal Programs and Services Agreement Between the
Government of the United States and the Government of the Federated
States of Micronesia, as amended under the Agreement to Amend
Article X that was signed by those two Governments on June 30,
2004, which shall serve as the authority to implement the
provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including Article X
of the Federal Programs and Services Agreement Between the
Government of the United States and the Government of the Republic
of the Marshall Islands, as amended under the Agreement to Amend
Article X that was signed by those two Governments on June 18,
2004, which shall serve as the authority to implement the
provisions thereof''.
(b) Effective Date.--The amendments made by this section shall be
effective as of the date that is 180 days after the date of enactment
of this Act.
SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES.
Unobligated amounts appropriated before the date of enactment of
this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free
Association Amendments Act of 2003 shall be available to both the
United States Agency for International Development and the Federal
Emergency Management Agency to facilitate each agency's activities
under the Federal Programs and Services Agreements.
SEC. 803. CONFORMING AMENDMENT.
(a) In General.--Section 105(f)(1)(A) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is
amended to read as follows:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii), section
221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of
the U.S.-RMI Compact shall each be construed and applied in
accordance with the two Agreements to Amend Article X of
the Federal Programs and Service Agreements signed on June
30, 2004, and on June 18, 2004, respectively, provided that
all activities carried out by the United States Agency for
International Development and the Federal Emergency
Management Agency under Article X of the Federal Programs
and Services Agreements may be carried out notwithstanding
any other provision of law. In the sections referred to in
this clause, the term `United States Agency for
International Development, Office of Foreign Disaster
Assistance' shall be construed to mean `the United States
Agency for International Development'.
``(ii) Definition of will provide funding.--In the
second sentence of paragraph 12 of each of the Agreements
described in clause (i), the term `will provide funding'
means will provide funding through a transfer of funds
using Standard Form 1151 or a similar document or through
an interagency, reimbursable agreement.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as of the date that is 180 days after the date of enactment
of this Act.
SEC. 804. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--
(1) in clause (ii)(II), by striking ``and its territories'' and
inserting ``, its territories, and the Republic of Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of the
Marshall Islands'' and inserting ``, the Republic of the Marshall
Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009''; and
(C) by striking ``was'' and inserting ``were''.
SEC. 805. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before
the period at the end the following: ``, which shall also continue to
be available to the citizens of the Federated States of Micronesia, the
Republic of Palau, and the Republic of the Marshall Islands who legally
reside in the United States (including territories and possessions)''.
SEC. 806. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921b(c)(1)) is
amended by striking ``section 177'' and inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104 of
the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921c) is amended--
(A) in subsection (b)(1), by inserting ``the'' before
``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph (A) of
paragraph (8), by striking ``to include'' and inserting
``and include'';
(ii) in paragraph (9)(A), by inserting a comma after
``may''; and
(iii) in paragraph (10), by striking ``related to
service'' and inserting ``related to such services''; and
(C) in the first sentence of subsection (j), by inserting
``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b)(1))
is amended by striking ``Trust Fund'' and inserting ``Trust
Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of America and
the Government of the Federated States of Micronesia (as provided
in section 201(a) of the Compact of Free Association Amendments Act
of 2003 (117 Stat. 2757)) is amended--
(A) in section 174--
(i) in subsection (a), by striking ``courts'' and
inserting ``court''; and
(ii) in subsection (b)(2), by striking ``the'' before
``November'';
(B) in section 177(a), by striking ``, or Palau'' and
inserting ``(or Palau)'';
(C) in section 179(b), by striking ``amended Compact'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by
striking ``Compact, as Amended, of Free Association'' and
inserting ``Compact of Free Association, as amended'';
(ii) in the fifth sentence of subsection (a), by
striking ``Trust Fund Agreement,'' and inserting
``Agreement Between the Government of the United States of
America and the Government of the Federated States of
Micronesia Implementing Section 215 and Section 216 of the
Compact, as Amended, Regarding a Trust Fund (Trust Fund
Agreement),'';
(iii) in subsection (b)--
(I) in the first sentence, by striking ``Government
of the'' before ``Federated''; and
(II) in the second sentence, by striking ``Sections
321 and 323 of the Compact of Free Association, as
Amended'' and inserting ``Sections 211(b), 321, and 323
of the Compact of Free Association, as amended,''; and
(iv) in the last sentence of subsection (d), by
inserting before the period at the end the following: ``and
the Federal Programs and Services Agreement referred to in
section 231'';
(E) in the first sentence of section 215(b), by striking
``subsection(a)'' and inserting ``subsection (a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting ``(Federal
Emergency Management Agency)'' after ``Homeland Security'';
and
(ii) in the first sentence of subsection (c), by
striking ``agreements'' and inserting ``agreement'';
(G) in the second sentence of section 222, by inserting
``in'' after ``referred to'';
(H) in the second sentence of section 232, by striking
``sections 102 (c)'' and all that follows through ``January 14,
1986)'' and inserting ``section 102(b) of Public Law 108-188,
117 Stat. 2726, December 17, 2003'';
(I) in the second sentence of section 252, by inserting ``,
as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141'' and
inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195''
and inserting ``section 195 of title 14, United States
Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C. 1295(b)(6)'' and
inserting ``section 1303(b)(6) of the Merchant Marine
Act, 1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and
inserting ``section 1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and 452'';
(M) in section 461(h), by striking ``Telecommunications''
and inserting ``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV'' and
inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of America and
the Government of the Republic of the Marshall Islands (as provided
in section 201(b) of the Compact of Free Association Amendments Act
of 2003 (117 Stat. 2795)) is amended--
(A) in section 174(a), by striking ``court'' and inserting
``courts'';
(B) in section 177(a), by striking the comma before ``(or
Palau)'';
(C) in section 179(b), by striking ``amended Compact,'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by
striking ``Compact, as Amended, of Free Association'' and
inserting ``Compact of Free Association, as amended'';
(ii) in the first sentence of subsection (b), by
striking ``Agreement between the Government of the United
States and the Government of the Republic of the Marshall
Islands Regarding Miliary Use and Operating Rights'' and
inserting ``Agreement Regarding the Military Use and
Operating Rights of the Government of the United States in
the Republic of the Marshall Islands concluded Pursuant to
Sections 321 and 323 of the Compact of Free Association, as
Amended (Agreement between the Government of the United
States and the Government of the Republic of the Marshall
Islands Regarding Military Use and Operating Rights)''; and
(iii) in the last sentence of subsection (e), by
inserting before the period at the end the following: ``and
the Federal Programs and Services Agreement referred to in
section 231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1), by striking
``Section 231'' and inserting ``section 231''; and
(ii) in paragraph (5), by inserting ``(Federal
Emergency Management Agency)'' after ``Homeland Security'';
(F) in the second sentence of section 232, by striking
``sections 103(m)'' and all that follows through ``(January 14,
1986)'' and inserting ``section 103(k) of Public Law 108-188,
117 Stat. 2734, December 17, 2003'';
(G) in the first sentence of section 341, by striking
``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195''
and inserting ``section 195 of title 14, United States
Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C. 1295(b)(6)'' and
inserting ``section 1303(b)(6) of the Merchant Marine
Act, 1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and
inserting ``section 1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and 452'';
(J) in the first sentence of section 443, by inserting ``,
as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of section
461(h)--
(i) by striking ``1978'' and inserting ``1998''; and
(ii) by striking ``Telecommunications'' and inserting
``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING.
Section 111(e)(2) of title 17, United States Code, is amended by
striking ``or the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of Palau,
or the Republic of the Marshall Islands''.
SEC. 808. PALAU ROAD MAINTENANCE.
The Government of the Republic of Palau may deposit the payment
otherwise payable to the Government of the United States under section
111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to section 212
of the Compact of Free Association between the Government of the
United States of America and the Government of Palau (48 U.S.C.
1931 note); and
(2) the trust fund is established and operated pursuant to an
agreement entered into between the Government of the United States
and the Government of the Republic of Palau.
SEC. 809. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective
trust fund subsidiary agreements, for the purposes of taxation by the
United States or its subsidiary jurisdictions, the term ``State'' means
``State, territory, or the District of Columbia''.
SEC. 810. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) Turkey.--To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile frigates
GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship BLACKHAWK
(MHC-58).
(2) Lithuania.--To the Government of Lithuania, the OSPREY
class minehunter coastal ships CORMORANT (MHC-57) and KINGFISHER
(MHC-56).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign recipients on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761), as follows:
(1) Taiwan.--To the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations Act
(22 U.S.C. 3309(a))), the OSPREY class minehunter coastal ships
ORIOLE (MHC-55) and FALCON (MHC-59).
(2) Turkey.--To the Government of Turkey, the OSPREY class
minehunter coastal ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to a recipient on
a grant basis pursuant to authority provided by subsection (a) shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516(g) of the Foreign
Assistance Act of 1961.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed before the vessel joins the naval forces of the
recipient performed at a shipyard located in the United States,
including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 2-year period
beginning on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.