[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 146 Enrolled Bill (ENR)]
H.R.146
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
To designate certain land as components of the National Wilderness
Preservation System, to authorize certain programs and activities in the
Department of the Interior and the Department of Agriculture, 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 ``Omnibus Public
Land Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West
Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in
Jefferson National Forest as wilderness or a wilderness study
area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area,
Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National
Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection
in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus
Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.
Subtitle F--Owyhee Public Land Management
Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.
Subtitle G--Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.
Subtitle I--Oregon Badlands Wilderness
Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.
Subtitle J--Spring Basin Wilderness, Oregon
Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L--Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County,
California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San
Jacinto Mountains National Monument.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.
Subtitle O--Washington County, Utah
Sec. 1971. Definitions.
Sec. 1972. Wilderness areas.
Sec. 1973. Zion National Park wilderness.
Sec. 1974. Red Cliffs National Conservation Area.
Sec. 1975. Beaver Dam Wash National Conservation Area.
Sec. 1976. Zion National Park wild and scenic river designation.
Sec. 1977. Washington County comprehensive travel and transportation
management plan.
Sec. 1978. Land disposal and acquisition.
Sec. 1979. Management of priority biological areas.
Sec. 1980. Public purpose conveyances.
Sec. 1981. Conveyance of Dixie National Forest land.
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
Indians.
Sec. 1983. Authorization of appropriations.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Subtitle B--Prehistoric Trackways National Monument
Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National
Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Subtitle E--Dominguez-Escalante National Conservation Area
Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.
Subtitle F--Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Subtitle G--Land Conveyances and Exchanges
Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno,
Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
Subtitle B--Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C--Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or
leasing rights in the Wyoming range.
Subtitle D--Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance,
Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land
Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return
Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E--Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B--Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Subtitle C--Additions to the National Trails System
Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic
Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.
Subtitle D--National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing
national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
Subtitle E--Effect of Title
Sec. 5401. Effect.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the State
of Alaska.
Subtitle C--Wolf Livestock Loss Demonstration Project
Sec. 6201. Definitions.
Sec. 6202. Wolf compensation and prevention program.
Sec. 6203. Authorization of appropriations.
Subtitle D--Paleontological Resources Preservation
Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
Sec. 6401. Definitions.
Sec. 6402. Land exchange.
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.
Sec. 6406. Expiration of legislative authority.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic
Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir
Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary
adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women's Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
Subtitle C--Special Resource Studies
Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Geronimo, Puerto Rico.
Subtitle D--Program Authorizations
Sec. 7301. American Battlefield Protection Program.
Sec. 7302. Preserve America Program.
Sec. 7303. Save America's Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.
Subtitle E--Advisory Commissions
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. Concessions Management Advisory Board.
Sec. 7404. St. Augustine 450th Commemoration Commission.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom's Way National Heritage Area, Massachusetts and New
Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.
Subtitle B--Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Subtitle C--Amendments Relating to National Heritage Corridors
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage
Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage
Corridor.
Subtitle D--Effect of Title
Sec. 8301. Effect on access for recreational activities.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Subtitle B--Project Authorizations
Sec. 9101. Tumalo Irrigation District Water Conservation Project,
Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho California Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River endangered fish programs.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.
Subtitle C--Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 9401. Definitions.
Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.
Subtitle F--Secure Water
Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Reclamation climate change and water program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.
Subtitle G--Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and technical
assistance to transferred works operating entities.
Sec. 9603. Extraordinary operation and maintenance work performed by the
Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--San Joaquin River Restoration Settlement Act
Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
PART II--Study To Develop Water Plan; Report
Sec. 10101. Study to develop water plan; report.
PART III--Friant Division Improvements
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.
PART I--Amendments to the Colorado River Storage Project Act and Public
Law 87-483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87-483.
Sec. 10403. Effect on Federal water law.
PART II--Reclamation Water Settlements Fund
Sec. 10501. Reclamation Water Settlements Fund.
PART III--Navajo-Gallup Water Supply Project
Sec. 10601. Purposes.
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project
water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.
PART IV--Navajo Nation Water Rights
Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement;
authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 11001. Reauthorization of the National Geologic Mapping Act of
1992.
Sec. 11002. New Mexico water resources study.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--Exploration
Sec. 12001. Purpose.
Sec. 12002. Program established.
Sec. 12003. Powers and duties of the Administrator.
Sec. 12004. Ocean exploration and undersea research technology and
infrastructure task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
PART II--NOAA Undersea Research Program Act of 2009
Sec. 12101. Short title.
Sec. 12102. Program established.
Sec. 12103. Powers of program director.
Sec. 12104. Administrative structure.
Sec. 12105. Research, exploration, education, and technology programs.
Sec. 12106. Competitiveness.
Sec. 12107. Authorization of appropriations.
Subtitle B--Ocean and Coastal Mapping Integration Act
Sec. 12201. Short title.
Sec. 12202. Establishment of program.
Sec. 12203. Interagency committee on ocean and coastal mapping.
Sec. 12204. Biannual reports.
Sec. 12205. Plan.
Sec. 12206. Effect on other laws.
Sec. 12207. Authorization of appropriations.
Sec. 12208. Definitions.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
Sec. 12309. Independent cost estimate.
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E--Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
Program.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical
Botanical Garden.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A--Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with respect
to research on paralysis.
Subtitle B--Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with respect
to research with implications for enhancing daily function for
persons with paralysis.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST
VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the
Monongahela National Forest in the State of West Virginia are
designated as wilderness and as either a new component of the National
Wilderness Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144 acres,
as generally depicted on the map entitled ``Big Draft Proposed
Wilderness'' and dated March 11, 2008, which shall be known as the
``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951 acres,
as generally depicted on the map entitled ``Cranberry Expansion
Proposed Wilderness'' and dated March 11, 2008, which shall be
added to and administered as part of the Cranberry Wilderness
designated by section 1(1) of Public Law 97-466 (96 Stat. 2538).
(3) Certain Federal land comprising approximately 7,156 acres,
as generally depicted on the map entitled ``Dolly Sods Expansion
Proposed Wilderness'' and dated March 11, 2008, which shall be
added to and administered as part of the Dolly Sods Wilderness
designated by section 3(a)(13) of Public Law 93-622 (88 Stat.
2098).
(4) Certain Federal land comprising approximately 698 acres, as
generally depicted on the map entitled ``Otter Creek Expansion
Proposed Wilderness'' and dated March 11, 2008, which shall be
added to and administered as part of the Otter Creek Wilderness
designated by section 3(a)(14) of Public Law 93-622 (88 Stat.
2098).
(5) Certain Federal land comprising approximately 6,792 acres,
as generally depicted on the map entitled ``Roaring Plains Proposed
Wilderness'' and dated March 11, 2008, which shall be known as the
``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030 acres,
as generally depicted on the map entitled ``Spice Run Proposed
Wilderness'' and dated March 11, 2008, which shall be known as the
``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall file with the
Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a map
and legal description of each wilderness area designated or
expanded by subsection (a). The maps and legal descriptions shall
be on file and available for public inspection in the office of the
Chief of the Forest Service and the office of the Supervisor of the
Monongahela National Forest.
(2) Force and effect.--The maps and legal descriptions referred
to in this subsection shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the Federal
lands designated as wilderness by subsection (a) shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.). The Secretary may continue to authorize the competitive
running event permitted from 2003 through 2007 in the vicinity of the
boundaries of the Dolly Sods Wilderness addition designated by
paragraph (3) of subsection (a) and the Roaring Plains West Wilderness
Area designated by paragraph (5) of such subsection, in a manner
compatible with the preservation of such areas as wilderness.
(d) Effective Date of Wilderness Act.--With respect to the Federal
lands designated as wilderness by subsection (a), any reference in the
Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
the jurisdiction or responsibility of the State of West Virginia with
respect to wildlife and fish.
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork South
Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat.
2538) is modified to exclude two parcels of land, as generally depicted
on the map entitled ``Monongahela National Forest Laurel Fork South
Wilderness Boundary Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps and legal
descriptions on file in the office of the Forest Supervisor,
Monongahela National Forest. The general map shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(b) Management.--Federally owned land delineated on the maps
referred to in subsection (a) as the Laurel Fork South Wilderness, as
modified by such subsection, shall continue to be administered by the
Secretary of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General.--The boundary of the Monongahela National Forest is
confirmed to include the tracts of land as generally depicted on the
map entitled ``Monongahela National Forest Boundary Confirmation'' and
dated March 13, 2008, and all Federal lands under the jurisdiction of
the Secretary of Agriculture, acting through the Chief of the Forest
Service, encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest System.
(b) Land and Water Conservation Fund.--For the purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9), the boundaries of the Monongahela National Forest, as confirmed by
subsection (a), shall be considered to be the boundaries of the
Monongahela National Forest as of January 1, 1965.
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in consultation
with interested parties, shall develop a plan to provide for
enhanced nonmotorized recreation trail opportunities on lands not
designated as wilderness within the Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the purposes of
this subsection, the term ``nonmotorized recreation trail'' means a
trail designed for hiking, bicycling, and equestrian use.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report on the implementation of the plan required under
subsection (a), including the identification of priority trails for
development.
(c) Consideration of Conversion of Forest Roads to Recreational
Uses.--In considering possible closure and decommissioning of a Forest
Service road within the Monongahela National Forest after the date of
the enactment of this Act, the Secretary of Agriculture, in accordance
with applicable law, may consider converting the road to nonmotorized
uses to enhance recreational opportunities within the Monongahela
National Forest.
Subtitle B--Virginia Ridge and Valley Wilderness
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic areas'' means the Seng
Mountain National Scenic Area and the Bear Creek National Scenic
Area.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN
JEFFERSON NATIONAL FOREST AS WILDERNESS OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law 100-326 (16
U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' each place it appears and inserting
``Certain'';
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ``; and'' and inserting a
period; and
(5) by adding at the end the following:
``(9) Certain land in the Jefferson National Forest comprising
approximately 3,743 acres, as generally depicted on the map
entitled `Brush Mountain and Brush Mountain East' and dated May 5,
2008, which shall be known as the `Brush Mountain East Wilderness'.
``(10) Certain land in the Jefferson National Forest comprising
approximately 4,794 acres, as generally depicted on the map
entitled `Brush Mountain and Brush Mountain East' and dated May 5,
2008, which shall be known as the `Brush Mountain Wilderness'.
``(11) Certain land in the Jefferson National Forest comprising
approximately 4,223 acres, as generally depicted on the map
entitled `Seng Mountain and Raccoon Branch' and dated April 28,
2008, which shall be known as the `Raccoon Branch Wilderness'.
``(12) Certain land in the Jefferson National Forest comprising
approximately 3,270 acres, as generally depicted on the map
entitled `Stone Mountain' and dated April 28, 2008, which shall be
known as the `Stone Mountain Wilderness'.
``(13) Certain land in the Jefferson National Forest comprising
approximately 8,470 acres, as generally depicted on the map
entitled `Garden Mountain and Hunting Camp Creek' and dated April
28, 2008, which shall be known as the `Hunting Camp Creek
Wilderness'.
``(14) Certain land in the Jefferson National Forest comprising
approximately 3,291 acres, as generally depicted on the map
entitled `Garden Mountain and Hunting Camp Creek' and dated April
28, 2008, which shall be known as the `Garden Mountain Wilderness'.
``(15) Certain land in the Jefferson National Forest comprising
approximately 5,476 acres, as generally depicted on the map
entitled `Mountain Lake Additions' and dated April 28, 2008, which
is incorporated in the Mountain Lake Wilderness designated by
section 2(6) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-586).
``(16) Certain land in the Jefferson National Forest comprising
approximately 308 acres, as generally depicted on the map entitled
`Lewis Fork Addition and Little Wilson Creek Additions' and dated
April 28, 2008, which is incorporated in the Lewis Fork Wilderness
designated by section 2(3) of the Virginia Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-586).
``(17) Certain land in the Jefferson National Forest comprising
approximately 1,845 acres, as generally depicted on the map
entitled `Lewis Fork Addition and Little Wilson Creek Additions'
and dated April 28, 2008, which is incorporated in the Little
Wilson Creek Wilderness designated by section 2(5) of the Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586).
``(18) Certain land in the Jefferson National Forest comprising
approximately 2,219 acres, as generally depicted on the map
entitled `Shawvers Run Additions' and dated April 28, 2008, which
is incorporated in the Shawvers Run Wilderness designated by
paragraph (4).
``(19) Certain land in the Jefferson National Forest comprising
approximately 1,203 acres, as generally depicted on the map
entitled `Peters Mountain Addition' and dated April 28, 2008, which
is incorporated in the Peters Mountain Wilderness designated by
section 2(7) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-586).
``(20) Certain land in the Jefferson National Forest comprising
approximately 263 acres, as generally depicted on the map entitled
`Kimberling Creek Additions and Potential Wilderness Area' and
dated April 28, 2008, which is incorporated in the Kimberling Creek
Wilderness designated by section 2(2) of the Virginia Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586).''.
(b) Designation of Wilderness Study Area.--The Virginia Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586) is amended--
(1) in the first section, by inserting ``as'' after ``cited'';
and
(2) in section 6(a)--
(A) by striking ``certain'' each place it appears and
inserting ``Certain'';
(B) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period;
(C) in paragraph (3), by striking ``; and'' and inserting a
period; and
(D) by adding at the end the following:
``(5) Certain land in the Jefferson National Forest comprising
approximately 3,226 acres, as generally depicted on the map
entitled `Lynn Camp Creek Wilderness Study Area' and dated April
28, 2008, which shall be known as the `Lynn Camp Creek Wilderness
Study Area'.''.
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National
Forest comprising approximately 349 acres, as generally depicted on the
map entitled ``Kimberling Creek Additions and Potential Wilderness
Area'' and dated April 28, 2008, is designated as a potential
wilderness area for incorporation in the Kimberling Creek Wilderness
designated by section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other activity
necessary to restore the natural ecosystems in the potential
wilderness area), the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until the
date on which the potential wilderness area is incorporated into
the Kimberling Creek Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) Wilderness Designation.--The potential wilderness area shall be
designated as wilderness and incorporated in the Kimberling Creek
Wilderness on the earlier of--
(1) the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential wilderness
area that are incompatible with the Wilderness Act (16 U.S.C. 1131
et seq.) have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON
NATIONAL FOREST, VIRGINIA.
(a) Establishment.--There are designated as National Scenic Areas--
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as generally
depicted on the map entitled ``Seng Mountain and Raccoon Branch''
and dated April 28, 2008, which shall be known as the ``Seng
Mountain National Scenic Area''; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as generally
depicted on the map entitled ``Bear Creek'' and dated April 28,
2008, which shall be known as the ``Bear Creek National Scenic
Area''.
(b) Purposes.--The purposes of the scenic areas are--
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and fish
habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to provide a
variety of recreation opportunities in the scenic areas.
(c) Administration.--
(1) In general.--The Secretary shall administer the scenic
areas in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally applicable
to the National Forest System.
(2) Authorized uses.--The Secretary shall only allow uses of
the scenic areas that the Secretary determines will further the
purposes of the scenic areas, as described in subsection (b).
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop as an amendment
to the land and resource management plan for the Jefferson National
Forest a management plan for the scenic areas.
(2) Effect.--Nothing in this subsection requires the Secretary
to revise the land and resource management plan for the Jefferson
National Forest under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(e) Roads.--
(1) In general.--Except as provided in paragraph (2), after the
date of enactment of this Act, no roads shall be established or
constructed within the scenic areas.
(2) Limitation.--Nothing in this subsection denies any owner of
private land (or an interest in private land) that is located in a
scenic area the right to access the private land.
(f) Timber Harvest.--
(1) In general.--Except as provided in paragraphs (2) and (3),
no harvesting of timber shall be allowed within the scenic areas.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the scenic areas if the Secretary determines that the
harvesting is necessary to--
(A) control fire;
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use.--Firewood may be harvested for
personal use along perimeter roads in the scenic areas, subject to
any conditions that the Secretary may impose.
(g) Insect and Disease Outbreaks.--The Secretary may control insect
and disease outbreaks--
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation Management.--The Secretary may engage in vegetation
manipulation practices in the scenic areas to maintain the visual
quality and wildlife clearings in existence on the date of enactment of
this Act.
(i) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2), motorized
vehicles shall not be allowed within the scenic areas.
(2) Exceptions.--The Secretary may authorize the use of
motorized vehicles--
(A) to carry out administrative activities that further the
purposes of the scenic areas, as described in subsection (b);
(B) to assist wildlife management projects in existence on
the date of enactment of this Act; and
(C) during deer and bear hunting seasons--
(i) on Forest Development Roads 49410 and 84b; and
(ii) on the portion of Forest Development Road 6261
designated on the map described in subsection (a)(2) as
``open seasonally''.
(j) Wildfire Suppression.--Wildfire suppression within the scenic
areas shall be conducted--
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) Water.--The Secretary shall administer the scenic areas in a
manner that maintains and enhances water quality.
(l) Withdrawal.--Subject to valid existing rights, all Federal land
in the scenic areas is withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws.
SEC. 1105. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary, in consultation with interested
parties, shall establish a trail plan to develop--
(1) in a manner consistent with the Wilderness Act (16 U.S.C.
1131 et seq.), hiking and equestrian trails in the wilderness areas
designated by paragraphs (9) through (20) of section 1 of Public
Law 100-326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5));
and
(2) nonmotorized recreation trails in the scenic areas.
(b) Implementation Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to Congress a
report that describes the implementation of the trail plan, including
the identification of priority trails for development.
(c) Sustainable Trail Required.--The Secretary shall develop a
sustainable trail, using a contour curvilinear alignment, to provide
for nonmotorized travel along the southern boundary of the Raccoon
Branch Wilderness established by section 1(11) of Public Law 100-326
(16 U.S.C. 1132 note) (as added by section 1102(a)(5)) connecting to
Forest Development Road 49352 in Smyth County, Virginia.
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file with the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of Representatives maps
and boundary descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9) through
(20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as
added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5) of
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) Force and Effect.--The maps and boundary descriptions filed
under subsection (a) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct any
minor errors in the maps and boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps and
boundary descriptions filed under subsection (a) shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(d) Conflict.--In the case of a conflict between a map filed under
subsection (a) and the acreage of the applicable areas specified in
this subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the
effective date of that Act shall be considered to be a reference to the
date of enactment of this Act for purposes of administering--
(1) the wilderness areas designated by paragraphs (9) through
(20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as
added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C--Mt. Hood Wilderness, Oregon
SEC. 1201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
(a) Designation of Lewis and Clark Mount Hood Wilderness Areas.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State of Oregon are designated as wilderness
areas and as components of the National Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 4,140
acres, as generally depicted on the maps entitled ``Badger Creek
Wilderness--Badger Creek Additions'' and ``Badger Creek
Wilderness--Bonney Butte'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Badger Creek
Wilderness, as designated by section 3(3) of the Oregon Wilderness
Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately 10,180
acres, as generally depicted on the map entitled ``Bull of the
Woods Wilderness--Bull of the Woods Additions'', dated July 16,
2007, which is incorporated in, and considered to be a part of, the
Bull of the Woods Wilderness, as designated by section 3(4) of the
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by the
Forest Service, comprising approximately 9,470 acres, as generally
depicted on the maps entitled ``Clackamas Wilderness--Big Bottom'',
``Clackamas Wilderness--Clackamas Canyon'', ``Clackamas
Wilderness--Memaloose Lake'', ``Clackamas Wilderness--Sisi Butte'',
and ``Clackamas Wilderness--South Fork Clackamas'', dated July 16,
2007, which shall be known as the ``Clackamas Wilderness''.
(4) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately 25,960
acres, as generally depicted on the maps entitled ``Mark O.
Hatfield Wilderness--Gorge Face'' and ``Mark O. Hatfield
Wilderness--Larch Mountain'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Mark O.
Hatfield Wilderness, as designated by section 3(1) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(5) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 18,450
acres, as generally depicted on the maps entitled ``Mount Hood
Wilderness--Barlow Butte'', ``Mount Hood Wilderness--Elk Cove/
Mazama'', ``Richard L. Kohnstamm Memorial Area'', ``Mount Hood
Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy
Additions'', ``Mount Hood Wilderness--Twin Lakes'', and ``Mount
Hood Wilderness--White River'', dated July 16, 2007, and the map
entitled ``Mount Hood Wilderness--Cloud Cap'', dated July 20, 2007,
which is incorporated in, and considered to be a part of, the Mount
Hood Wilderness, as designated under section 3(a) of the Wilderness
Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the
Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92
Stat. 43).
(6) Roaring river wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 36,550 acres, as
generally depicted on the map entitled ``Roaring River Wilderness--
Roaring River Wilderness'', dated July 16, 2007, which shall be
known as the ``Roaring River Wilderness''.
(7) Salmon-huckleberry wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately 16,620
acres, as generally depicted on the maps entitled ``Salmon-
Huckleberry Wilderness--Alder Creek Addition'', ``Salmon-
Huckleberry Wilderness--Eagle Creek Addition'', ``Salmon-
Huckleberry Wilderness--Hunchback Mountain'', ``Salmon-Huckleberry
Wilderness--Inch Creek'', ``Salmon-Huckleberry Wilderness--Mirror
Lake'', and ``Salmon-Huckleberry Wilderness--Salmon River
Meadows'', dated July 16, 2007, which is incorporated in, and
considered to be a part of, the Salmon-Huckleberry Wilderness, as
designated by section 3(2) of the Oregon Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 273).
(8) Lower white river wilderness.--Certain Federal land managed
by the Forest Service and Bureau of Land Management, comprising
approximately 2,870 acres, as generally depicted on the map
entitled ``Lower White River Wilderness--Lower White River'', dated
July 16, 2007, which shall be known as the ``Lower White River
Wilderness''.
(b) Richard L. Kohnstamm Memorial Area.--Certain Federal land
managed by the Forest Service, as generally depicted on the map
entitled ``Richard L. Kohnstamm Memorial Area'', dated July 16, 2007,
is designated as the ``Richard L. Kohnstamm Memorial Area''.
(c) Potential Wilderness Area; Additions to Wilderness Areas.--
(1) Roaring river potential wilderness area.--
(A) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 900
acres identified as ``Potential Wilderness'' on the map
entitled ``Roaring River Wilderness'', dated July 16, 2007, is
designated as a potential wilderness area.
(B) Management.--The potential wilderness area designated
by subparagraph (A) shall be managed in accordance with section
4 of the Wilderness Act (16 U.S.C. 1133).
(C) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that the
conditions in the potential wilderness area designated by
subparagraph (A) are compatible with the Wilderness Act (16
U.S.C. 1131 et seq.), the potential wilderness shall be--
(i) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(ii) incorporated into the Roaring River Wilderness
designated by subsection (a)(6).
(2) Addition to the mount hood wilderness.--On completion of
the land exchange under section 1206(a)(2), certain Federal land
managed by the Forest Service, comprising approximately 1,710
acres, as generally depicted on the map entitled ``Mount Hood
Wilderness--Tilly Jane'', dated July 20, 2007, shall be
incorporated in, and considered to be a part of, the Mount Hood
Wilderness, as designated under section 3(a) of the Wilderness Act
(16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered
American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43)
and subsection (a)(5).
(3) Addition to the salmon-huckleberry wilderness.--On
acquisition by the United States, the approximately 160 acres of
land identified as ``Land to be acquired by USFS'' on the map
entitled ``Hunchback Mountain Land Exchange, Clackamas County'',
dated June 2006, shall be incorporated in, and considered to be a
part of, the Salmon-Huckleberry Wilderness, as designated by
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132
note; 98 Stat. 273) and enlarged by subsection (a)(7).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a legal
description of each wilderness area and potential wilderness area
designated by this section, with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
(4) Description of land.--The boundaries of the areas
designated as wilderness by subsection (a) that are immediately
adjacent to a utility right-of-way or a Federal Energy Regulatory
Commission project boundary shall be 100 feet from the boundary of
the right-of-way or the project boundary.
(e) Administration.--
(1) In general.--Subject to valid existing rights, each area
designated as wilderness by this section shall be administered by
the Secretary that has jurisdiction over the land within the
wilderness, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land within the
wilderness.
(2) Incorporation of acquired land and interests.--Any land
within the boundary of a wilderness area designated by this section
that is acquired by the United States shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(f) Buffer Zones.--
(1) In general.--As provided in the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not
intend for designation of wilderness areas in the State under this
section to lead to the creation of protective perimeters or buffer
zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness area shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area.
(g) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
(h) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas
designated by this section, the Secretary that has jurisdiction over
the land within the wilderness (referred to in this subsection as the
``Secretary'') may take such measures as are necessary to control fire,
insects, and diseases, subject to such terms and conditions as the
Secretary determines to be desirable and appropriate.
(i) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this section is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION
IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National
Forest.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(171) South fork clackamas river, oregon.--The 4.2-mile
segment of the South Fork Clackamas River from its confluence with
the East Fork of the South Fork Clackamas to its confluence with
the Clackamas River, to be administered by the Secretary of
Agriculture as a wild river.
``(172) Eagle creek, oregon.--The 8.3-mile segment of Eagle
Creek from its headwaters to the Mount Hood National Forest
boundary, to be administered by the Secretary of Agriculture as a
wild river.
``(173) Middle fork hood river.--The 3.7-mile segment of the
Middle Fork Hood River from the confluence of Clear and Coe
Branches to the north section line of section 11, township 1 south,
range 9 east, to be administered by the Secretary of Agriculture as
a scenic river.
``(174) South fork roaring river, oregon.--The 4.6-mile segment
of the South Fork Roaring River from its headwaters to its
confluence with Roaring River, to be administered by the Secretary
of Agriculture as a wild river.
``(175) Zig zag river, oregon.--The 4.3-mile segment of the Zig
Zag River from its headwaters to the Mount Hood Wilderness
boundary, to be administered by the Secretary of Agriculture as a
wild river.
``(176) Fifteenmile creek, oregon.--
``(A) In general.--The 11.1-mile segment of Fifteenmile
Creek from its source at Senecal Spring to the southern edge of
the northwest quarter of the northwest quarter of section 20,
township 2 south, range 12 east, to be administered by the
Secretary of Agriculture in the following classes:
``(i) The 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as a wild
river.
``(ii) The 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a
scenic river.
``(iii) The 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary to the
western edge of section 20, township 2 south, range 12 east
as a wild river.
``(iv) The 0.2-mile segment from the western edge of
section 20, township 2 south, range 12 east, to the
southern edge of the northwest quarter of the northwest
quarter of section 20, township 2 south, range 12 east as a
scenic river.
``(B) Inclusions.--Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the scenic
river area along Fifteenmile Creek shall include an average of
not more than 640 acres per mile measured from the ordinary
high water mark on both sides of the river.
``(177) East fork hood river, oregon.--The 13.5-mile segment of
the East Fork Hood River from Oregon State Highway 35 to the Mount
Hood National Forest boundary, to be administered by the Secretary
of Agriculture as a recreational river.
``(178) Collawash river, oregon.--The 17.8-mile segment of the
Collawash River from the headwaters of the East Fork Collawash to
the confluence of the mainstream of the Collawash River with the
Clackamas River, to be administered by the Secretary of Agriculture
in the following classes:
``(A) The 11.0-mile segment from the headwaters of the East
Fork Collawash River to Buckeye Creek, as a scenic river.
``(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(179) Fish creek, oregon.--The 13.5-mile segment of Fish
Creek from its headwaters to the confluence with the Clackamas
River, to be administered by the Secretary of Agriculture as a
recreational river.''.
(2) Effect.--The amendments made by paragraph (1) do not affect
valid existing water rights.
(b) Protection for Hood River, Oregon.--Section 13(a)(4) of the
``Columbia River Gorge National Scenic Area Act'' (16 U.S.C.
544k(a)(4)) is amended by striking ``for a period not to exceed twenty
years from the date of enactment of this Act,''.
SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation.--To provide for the protection, preservation, and
enhancement of recreational, ecological, scenic, cultural, watershed,
and fish and wildlife values, there is established the Mount Hood
National Recreation Area within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area shall
consist of certain Federal land managed by the Forest Service and
Bureau of Land Management, comprising approximately 34,550 acres, as
generally depicted on the maps entitled ``National Recreation Areas--
Mount Hood NRA'', ``National Recreation Areas--Fifteenmile Creek NRA'',
and ``National Recreation Areas--Shellrock Mountain'', dated February
2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as practicable
after the date of enactment of this Act, the Secretary shall file a
map and a legal description of the Mount Hood National Recreation
Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct
typographical errors in the map and the legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation Area--
(i) in accordance with the laws (including regulations)
and rules applicable to the National Forest System; and
(ii) consistent with the purposes described in
subsection (a); and
(B) only allow uses of the Mount Hood National Recreation
Area that are consistent with the purposes described in
subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by section 1202 that is located within the Mount Hood
National Recreation Area shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within the
Mount Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the forest
in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote stands that
are fire-resilient and healthy;
(B) improves the habitats of threatened, endangered, or
sensitive species; or
(C) maintains or restores the composition and structure of
the ecosystem by reducing the risk of uncharacteristic
wildfire;
(2) to accomplish an approved management activity in
furtherance of the purposes established by this section, if the
cutting, sale, or removal of timber is incidental to the management
activity; or
(3) for de minimus personal or administrative use within the
Mount Hood National Recreation Area, where such use will not impair
the purposes established by this section.
(f) Road Construction.--No new or temporary roads shall be
constructed or reconstructed within the Mount Hood National Recreation
Area except as necessary--
(1) to protect the health and safety of individuals in cases of
an imminent threat of flood, fire, or any other catastrophic event
that, without intervention, would cause the loss of life or
property;
(2) to conduct environmental cleanup required by the United
States;
(3) to allow for the exercise of reserved or outstanding rights
provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing road;
or
(5) to rectify a hazardous road condition.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the Mount Hood National Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the Federal
land described in paragraph (2) is transferred from the Bureau of
Land Management to the Forest Service.
(2) Description of land.--The land referred to in paragraph (1)
is the approximately 130 acres of land administered by the Bureau
of Land Management that is within or adjacent to the Mount Hood
National Recreation Area and that is identified as ``BLM Lands'' on
the map entitled ``National Recreation Areas--Shellrock Mountain'',
dated February 2007.
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND
CULTUS CREEK.
(a) Crystal Springs Watershed Special Resources Management Unit.--
(1) Establishment.--
(A) In general.--On completion of the land exchange under
section 1206(a)(2), there shall be established a special
resources management unit in the State consisting of certain
Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Crystal Springs Watershed
Special Resources Management Unit'', dated June 2006 (referred
to in this subsection as the ``map''), to be known as the
``Crystal Springs Watershed Special Resources Management Unit''
(referred to in this subsection as the ``Management Unit'').
(B) Exclusion of certain land.--The Management Unit does
not include any National Forest System land otherwise covered
by subparagraph (A) that is designated as wilderness by section
1202.
(C) Withdrawal.--
(i) In general.--Subject to valid rights in existence
on the date of enactment of this Act, the Federal land
designated as the Management Unit is withdrawn from all
forms of--
(I) entry, appropriation, or disposal under the
public land laws;
(II) location, entry, and patent under the mining
laws; and
(III) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(ii) Exception.--Clause (i)(I) does not apply to the
parcel of land generally depicted as ``HES 151'' on the
map.
(2) Purposes.--The purposes of the Management Unit are--
(A) to ensure the protection of the quality and quantity of
the Crystal Springs watershed as a clean drinking water source
for the residents of Hood River County, Oregon; and
(B) to allow visitors to enjoy the special scenic, natural,
cultural, and wildlife values of the Crystal Springs watershed.
(3) Map and legal description.--
(A) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Management Unit with--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal description.
(C) Public availability.--The map and legal description
filed under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(4) Administration.--
(A) In general.--The Secretary shall--
(i) administer the Management Unit--
(I) in accordance with the laws (including
regulations) and rules applicable to units of the
National Forest System; and
(II) consistent with the purposes described in
paragraph (2); and
(ii) only allow uses of the Management Unit that are
consistent with the purposes described in paragraph (2).
(B) Fuel reduction in proximity to improvements and primary
public roads.--To protect the water quality, water quantity,
and scenic, cultural, natural, and wildlife values of the
Management Unit, the Secretary may conduct fuel reduction and
forest health management treatments to maintain and restore
fire-resilient forest structures containing late successional
forest structure characterized by large trees and multistoried
canopies, as ecologically appropriate, on National Forest
System land in the Management Unit--
(i) in any area located not more than 400 feet from
structures located on--
(I) National Forest System land; or
(II) private land adjacent to National Forest
System land;
(ii) in any area located not more than 400 feet from
the Cooper Spur Road, the Cloud Cap Road, or the Cooper
Spur Ski Area Loop Road; and
(iii) on any other National Forest System land in the
Management Unit, with priority given to activities that
restore previously harvested stands, including the removal
of logging slash, smaller diameter material, and ladder
fuels.
(5) Prohibited activities.--Subject to valid existing rights,
the following activities shall be prohibited on National Forest
System land in the Management Unit:
(A) New road construction or renovation of existing non-
System roads, except as necessary to protect public health and
safety.
(B) Projects undertaken for the purpose of harvesting
commercial timber (other than activities relating to the
harvest of merchantable products that are byproducts of
activities conducted to further the purposes described in
paragraph (2)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the purposes
described in paragraph (2), the application of any toxic
chemicals (other than fire retardants), including pesticides,
rodenticides, or herbicides.
(6) Forest road closures.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may provide for the closure or gating to the
general public of any Forest Service road within the Management
Unit.
(B) Exception.--Nothing in this subsection requires the
Secretary to close the road commonly known as ``Cloud Cap
Road'', which shall be administered in accordance with
otherwise applicable law.
(7) Private land.--
(A) Effect.--Nothing in this subsection affects the use of,
or access to, any private property within the area identified
on the map as the ``Crystal Springs Zone of Contribution'' by--
(i) the owners of the private property; and
(ii) guests to the private property.
(B) Cooperation.--The Secretary is encouraged to work with
private landowners who have agreed to cooperate with the
Secretary to further the purposes of this subsection.
(8) Acquisition of land.--
(A) In general.--The Secretary may acquire from willing
landowners any land located within the area identified on the
map as the ``Crystal Springs Zone of Contribution''.
(B) Inclusion in management unit.--On the date of
acquisition, any land acquired under subparagraph (A) shall be
incorporated in, and be managed as part of, the Management
Unit.
(b) Protections for Upper Big Bottom and Cultus Creek.--
(1) In general.--The Secretary shall manage the Federal land
administered by the Forest Service described in paragraph (2) in a
manner that preserves the natural and primitive character of the
land for recreational, scenic, and scientific use.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 1,580 acres, as generally depicted on
the map entitled ``Upper Big Bottom'', dated July 16, 2007; and
(B) the approximately 280 acres identified as ``Cultus
Creek'' on the map entitled ``Clackamas Wilderness--South Fork
Clackamas'', dated July 16, 2007.
(3) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Federal land described in paragraph (2)
with--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(4) Use of land.--
(A) In general.--Subject to valid existing rights, with
respect to the Federal land described in paragraph (2), the
Secretary shall only allow uses that are consistent with the
purposes identified in paragraph (1).
(B) Prohibited uses.--The following shall be prohibited on
the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum
requirements for the administration of the Federal land and
to protect public health and safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5) Withdrawal.--Subject to valid existing rights, the Federal
land described in paragraph (2) is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing.
SEC. 1206. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Hood River County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Cooper Spur/Government Camp Land Exchange'', dated
June 2006.
(C) Federal land.--The term ``Federal land'' means the
approximately 120 acres of National Forest System land in the
Mount Hood National Forest in Government Camp, Clackamas
County, Oregon, identified as ``USFS Land to be Conveyed'' on
the exchange map.
(D) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means
the Mt. Hood Meadows Oregon, Limited Partnership.
(E) Non-federal land.--The term ``non-Federal land''
means--
(i) the parcel of approximately 770 acres of private
land at Cooper Spur identified as ``Land to be acquired by
USFS'' on the exchange map; and
(ii) any buildings, furniture, fixtures, and equipment
at the Inn at Cooper Spur and the Cooper Spur Ski Area
covered by an appraisal described in paragraph (2)(D).
(2) Cooper spur-government camp land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if Mt. Hood Meadows offers to convey to the United
States all right, title, and interest of Mt. Hood Meadows in
and to the non-Federal land, the Secretary shall convey to Mt.
Hood Meadows all right, title, and interest of the United
States in and to the Federal land (other than any easements
reserved under subparagraph (G)), subject to valid existing
rights.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out the
land exchange under this subsection in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under
this subsection, title to the non-Federal land to be
acquired by the Secretary under this subsection shall be
acceptable to the Secretary.
(ii) Terms and conditions.--The conveyance of the
Federal land and non-Federal land shall be subject to such
terms and conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date
of enactment of this Act, the Secretary and Mt. Hood
Meadows shall select an appraiser to conduct an appraisal
of the Federal land and non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall
be conducted in accordance with nationally recognized
appraisal standards, including--
(I) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal
description of the Federal land and non-Federal land shall
be determined by surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and Mt. Hood Meadows.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this subsection
shall be completed not later than 16 months after the date of
enactment of this Act.
(G) Reservation of easements.--As a condition of the
conveyance of the Federal land, the Secretary shall reserve--
(i) a conservation easement to the Federal land to
protect existing wetland, as identified by the Oregon
Department of State Lands, that allows equivalent wetland
mitigation measures to compensate for minor wetland
encroachments necessary for the orderly development of the
Federal land; and
(ii) a trail easement to the Federal land that allows--
(I) nonmotorized use by the public of existing
trails;
(II) roads, utilities, and infrastructure
facilities to cross the trails; and
(III) improvement or relocation of the trails to
accommodate development of the Federal land.
(b) Port of Cascade Locks Land Exchange.--
(1) Definitions.--In this subsection:
(A) Exchange map.--The term ``exchange map'' means the map
entitled ``Port of Cascade Locks/Pacific Crest National Scenic
Trail Land Exchange'', dated June 2006.
(B) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 10 acres of National
Forest System land in the Columbia River Gorge National Scenic
Area identified as ``USFS Land to be conveyed'' on the exchange
map.
(C) Non-federal land.--The term ``non-Federal land'' means
the parcels of land consisting of approximately 40 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(D) Port.--The term ``Port'' means the Port of Cascade
Locks, Cascade Locks, Oregon.
(2) Land exchange, port of cascade locks-pacific crest national
scenic trail.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if the Port offers to convey to the United States
all right, title, and interest of the Port in and to the non-
Federal land, the Secretary shall, subject to valid existing
rights, convey to the Port all right, title, and interest of
the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out the
land exchange under this subsection in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(3) Conditions on acceptance.--
(A) Title.--As a condition of the land exchange under this
subsection, title to the non-Federal land to be acquired by the
Secretary under this subsection shall be acceptable to the
Secretary.
(B) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(4) Appraisals.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an appraiser
to conduct an appraisal of the Federal land and non-Federal
land.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(5) Surveys.--
(A) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(B) Costs.--The responsibility for the costs of any surveys
conducted under subparagraph (A), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and the Port.
(6) Deadline for completion of land exchange.--It is the intent
of Congress that the land exchange under this subsection shall be
completed not later than 16 months after the date of enactment of
this Act.
(c) Hunchback Mountain Land Exchange and Boundary Adjustment.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Clackamas County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006.
(C) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 160 acres of
National Forest System land in the Mount Hood National Forest
identified as ``USFS Land to be Conveyed'' on the exchange map.
(D) Non-federal land.--The term ``non-Federal land'' means
the parcel of land consisting of approximately 160 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(2) Hunchback mountain land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
paragraph, if the County offers to convey to the United States
all right, title, and interest of the County in and to the non-
Federal land, the Secretary shall, subject to valid existing
rights, convey to the County all right, title, and interest of
the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this paragraph, the Secretary shall carry out the
land exchange under this paragraph in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under
this paragraph, title to the non-Federal land to be
acquired by the Secretary under this paragraph shall be
acceptable to the Secretary.
(ii) Terms and conditions.--The conveyance of the
Federal land and non-Federal land shall be subject to such
terms and conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date
of enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall
be conducted in accordance with nationally recognized
appraisal standards, including--
(I) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal
description of the Federal land and non-Federal land shall
be determined by surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and the County.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this paragraph
shall be completed not later than 16 months after the date of
enactment of this Act.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Mount Hood National
Forest shall be adjusted to incorporate--
(i) any land conveyed to the United States under
paragraph (2); and
(ii) the land transferred to the Forest Service by
section 1204(h)(1).
(B) Additions to the national forest system.--The Secretary
shall administer the land described in subparagraph (A)--
(i) in accordance with--
(I) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(II) any laws (including regulations) applicable to
the National Forest System; and
(ii) subject to sections 1202(c)(3) and 1204(d), as
applicable.
(C) Land and water conservation fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Mount Hood National
Forest modified by this paragraph shall be considered to be the
boundaries of the Mount Hood National Forest in existence as of
January 1, 1965.
(d) Conditions on Development of Federal Land.--
(1) Requirements applicable to the conveyance of federal
land.--
(A) In general.--As a condition of each of the conveyances
of Federal land under this section, the Secretary shall include
in the deed of conveyance a requirement that applicable
construction activities and alterations shall be conducted in
accordance with--
(i) nationally recognized building and property
maintenance codes; and
(ii) nationally recognized codes for development in the
wildland-urban interface and wildfire hazard mitigation.
(B) Applicable law.--To the maximum extent practicable, the
codes required under subparagraph (A) shall be consistent with
the nationally recognized codes adopted or referenced by the
State or political subdivisions of the State.
(C) Enforcement.--The requirements under subparagraph (A)
may be enforced by the same entities otherwise enforcing codes,
ordinances, and standards.
(2) Compliance with codes on federal land.--The Secretary shall
ensure that applicable construction activities and alterations
undertaken or permitted by the Secretary on National Forest System
land in the Mount Hood National Forest are conducted in accordance
with--
(A) nationally recognized building and property maintenance
codes; and
(B) nationally recognized codes for development in the
wildland-urban interface development and wildfire hazard
mitigation.
(3) Effect on enforcement by states and political
subdivisions.--Nothing in this subsection alters or limits the
power of the State or a political subdivision of the State to
implement or enforce any law (including regulations), rule, or
standard relating to development or fire prevention and control.
SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan.--
(1) In general.--The Secretary shall seek to participate in the
development of an integrated, multimodal transportation plan
developed by the Oregon Department of Transportation for the Mount
Hood region to achieve comprehensive solutions to transportation
challenges in the Mount Hood region--
(A) to promote appropriate economic development;
(B) to preserve the landscape of the Mount Hood region; and
(C) to enhance public safety.
(2) Issues to be addressed.--In participating in the
development of the transportation plan under paragraph (1), the
Secretary shall seek to address--
(A) transportation alternatives between and among
recreation areas and gateway communities that are located
within the Mount Hood region;
(B) establishing park-and-ride facilities that shall be
located at gateway communities;
(C) establishing intermodal transportation centers to link
public transportation, parking, and recreation destinations;
(D) creating a new interchange on Oregon State Highway 26
located adjacent to or within Government Camp;
(E) designating, maintaining, and improving alternative
routes using Forest Service or State roads for--
(i) providing emergency routes; or
(ii) improving access to, and travel within, the Mount
Hood region;
(F) the feasibility of establishing--
(i) a gondola connection that--
(I) connects Timberline Lodge to Government Camp;
and
(II) is located in close proximity to the site of
the historic gondola corridor; and
(ii) an intermodal transportation center to be located
in close proximity to Government Camp;
(G) burying power lines located in, or adjacent to, the
Mount Hood National Forest along Interstate 84 near the City of
Cascade Locks, Oregon; and
(H) creating mechanisms for funding the implementation of
the transportation plan under paragraph (1), including--
(i) funds provided by the Federal Government;
(ii) public-private partnerships;
(iii) incremental tax financing; and
(iv) other financing tools that link transportation
infrastructure improvements with development.
(b) Mount Hood National Forest Stewardship Strategy.--
(1) In general.--The Secretary shall prepare a report on, and
implementation schedule for, the vegetation management strategy
(including recommendations for biomass utilization) for the Mount
Hood National Forest being developed by the Forest Service.
(2) Submission to congress.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the report
to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Implementation schedule.--Not later than 1 year after
the date on which the vegetation management strategy referred
to in paragraph (1) is completed, the Secretary shall submit
the implementation schedule to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(c) Local and Tribal Relationships.--
(1) Management plan.--
(A) In general.--The Secretary, in consultation with Indian
tribes with treaty-reserved gathering rights on land
encompassed by the Mount Hood National Forest and in a manner
consistent with the memorandum of understanding entered into
between the Department of Agriculture, the Bureau of Land
Management, the Bureau of Indian Affairs, and the Confederated
Tribes and Bands of the Warm Springs Reservation of Oregon,
dated April 25, 2003, as modified, shall develop and implement
a management plan that meets the cultural foods obligations of
the United States under applicable treaties, including the
Treaty with the Tribes and Bands of Middle Oregon of June 25,
1855 (12 Stat. 963).
(B) Effect.--This paragraph shall be considered to be
consistent with, and is intended to help implement, the
gathering rights reserved by the treaty described in
subparagraph (A).
(2) Savings provisions regarding relations with indian
tribes.--
(A) Treaty rights.--Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian tribe, including the off-reservation reserved
rights secured by the Treaty with the Tribes and Bands of
Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) Tribal land.--Nothing in this subtitle affects land
held in trust by the Secretary of the Interior for Indian
tribes or individual members of Indian tribes or other land
acquired by the Army Corps of Engineers and administered by the
Secretary of the Interior for the benefit of Indian tribes and
individual members of Indian tribes.
(d) Recreational Uses.--
(1) Mount hood national forest recreational working group.--The
Secretary may establish a working group for the purpose of
providing advice and recommendations to the Forest Service on
planning and implementing recreation enhancements in the Mount Hood
National Forest.
(2) Consideration of conversion of forest roads to recreational
uses.--In considering a Forest Service road in the Mount Hood
National Forest for possible closure and decommissioning after the
date of enactment of this Act, the Secretary, in accordance with
applicable law, shall consider, as an alternative to
decommissioning the road, converting the road to recreational uses
to enhance recreational opportunities in the Mount Hood National
Forest.
(3) Improved trail access for persons with disabilities.--The
Secretary, in consultation with the public, may design and
construct a trail at a location selected by the Secretary in Mount
Hood National Forest suitable for use by persons with disabilities.
Subtitle D--Copper Salmon Wilderness, Oregon
SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking ``eight
hundred fifty-nine thousand six hundred acres'' and inserting
``873,300 acres'';
(2) in paragraph (29), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest, comprising
approximately 13,700 acres, as generally depicted on the map
entitled `Proposed Copper Salmon Wilderness Area' and dated
December 7, 2007, to be known as the `Copper Salmon Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred to in
this subtitle as the ``Secretary'') shall file a map and a legal
description of the Copper Salmon Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Boundary.--If the boundary of the Copper Salmon Wilderness
shares a border with a road, the Secretary may only establish an
offset that is not more than 150 feet from the centerline of the
road.
(4) Public availability.--Each map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking ``19-
mile segment'' and inserting ``29-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and inserting a
period; and
(3) by striking subparagraph (B) and inserting the following:
``(B)(i) The approximately 0.6-mile segment of the North
Fork Elk from its source in sec. 21, T. 33 S., R. 12 W.,
Willamette Meridian, downstream to 0.01 miles below Forest
Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the North Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the South Fork Elk, as a wild river.
``(C)(i) The approximately 0.9-mile segment of the South
Fork Elk from its source in the southeast quarter of sec. 32,
T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the South Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the North Fork Elk, as a wild river.''.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this subtitle shall be construed as
diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
SEC. 1401. DEFINITIONS.
In this subtitle:
(1) Box r ranch land exchange map.--The term ``Box R Ranch land
exchange map'' means the map entitled ``Proposed Rowlett Land
Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of Land
Management land'' means the approximately 40 acres of land
administered by the Bureau of Land Management identified as
``Rowlett Selected'', as generally depicted on the Box R Ranch land
exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-BLM
Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means the
approximately 1.5 acres of land identified as ``From Deerfield to
BLM'', as generally depicted on the Deerfield land exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau of Land
Management identified as ``From BLM to Deerfield'', as generally
depicted on the Deerfield land exchange map.
(6) Grazing allotment.--The term ``grazing allotment'' means
any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde
Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly,
Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and
Soda Mountain grazing allotments in the State.
(7) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the purpose
of grazing livestock for commercial purposes.
(8) Landowner.--The term ``Landowner'' means the owner of the
Box R Ranch in the State.
(9) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid existing grazing lease for a grazing allotment.
(10) Livestock.--The term ``livestock'' does not include beasts
of burden used for recreational purposes.
(11) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(12) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land identified as
``Rowlett Offered'', as generally depicted on the Box R Ranch land
exchange map.
(13) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(14) State.--The term ``State'' means the State of Oregon.
(15) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 1405(a).
(16) Wilderness map.--The term ``wilderness map'' means the map
entitled ``Soda Mountain Wilderness'' and dated May 5, 2008.
SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases.--
(1) Donation of lease.--
(A) Acceptance by secretary.--The Secretary shall accept
any grazing lease that is donated by a lessee.
(B) Termination.--The Secretary shall terminate any grazing
lease acquired under subparagraph (A).
(C) No new grazing lease.--Except as provided in paragraph
(3), with respect to each grazing lease donated under
subparagraph (A), the Secretary shall--
(i) not issue any new grazing lease within the grazing
allotment covered by the grazing lease; and
(ii) ensure a permanent end to livestock grazing on the
grazing allotment covered by the grazing lease.
(2) Donation of portion of grazing lease.--
(A) In general.--A lessee with a grazing lease for a
grazing allotment partially within the Monument may elect to
donate only that portion of the grazing lease that is within
the Monument.
(B) Acceptance by secretary.--The Secretary shall accept
the portion of a grazing lease that is donated under
subparagraph (A).
(C) Modification of lease.--Except as provided in paragraph
(3), if a lessee donates a portion of a grazing lease under
subparagraph (A), the Secretary shall--
(i) reduce the authorized grazing level and area to
reflect the donation; and
(ii) modify the grazing lease to reflect the reduced
level and area of use.
(D) Authorized level.--To ensure that there is a permanent
reduction in the level and area of livestock grazing on the
land covered by a portion of a grazing lease donated under
subparagraph (A), the Secretary shall not allow grazing to
exceed the authorized level and area established under
subparagraph (C).
(3) Common allotments.--
(A) In general.--If a grazing allotment covered by a
grazing lease or portion of a grazing lease that is donated
under paragraph (1) or (2) also is covered by another grazing
lease that is not donated, the Secretary shall reduce the
grazing level on the grazing allotment to reflect the donation.
(B) Authorized level.--To ensure that there is a permanent
reduction in the level of livestock grazing on the land covered
by the grazing lease or portion of a grazing lease donated
under paragraph (1) or (2), the Secretary shall not allow
grazing to exceed the level established under subparagraph (A).
(b) Limitations.--The Secretary--
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument--
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock grazing on
each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or not
leased for grazing on the date of enactment of this Act).
(c) Effect of Donation.--A lessee who donates a grazing lease or a
portion of a grazing lease under this section shall be considered to
have waived any claim to any range improvement on the associated
grazing allotment or portion of the associated grazing allotment, as
applicable.
SEC. 1403. BOX R RANCH LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer--
(A) the Secretary shall convey to the Landowner all right,
title, and interest of the United States in and to the Bureau
of Land Management land; and
(B) the Landowner shall convey to the Secretary all right,
title, and interest of the Landowner in and to the Rowlett
parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of the
Bureau of Land Management land and the Rowlett parcel shall be
determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative costs
of carrying out the land exchange, shall be determined by the
Secretary and the Landowner.
(c) Conditions.--The conveyance of the Bureau of Land Management
land and the Rowlett parcel under this section shall be subject to--
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the
Secretary and in conformance with the title approval standards
applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require; and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Bureau of Land Management land and the
Rowlett parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph (1)
shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this subsection
shall be submitted to the Secretary for approval.
(e) Grazing Allotment.--As a condition of the land exchange
authorized under this section, the lessee of the grazing lease for the
Box R grazing allotment shall donate the Box R grazing lease in
accordance with section 1402(a)(1).
SEC. 1404. DEERFIELD LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to Deerfield Learning Associates the
Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer--
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United States
in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to the
Secretary all right, title, and interest of Deerfield Learning
Associates in and to the Deerfield parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of the
Federal parcel and the Deerfield parcel shall be determined by
surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative costs
of carrying out the land exchange, shall be determined by the
Secretary and Deerfield Learning Associates.
(c) Conditions.--
(1) In general.--The conveyance of the Federal parcel and the
Deerfield parcel under this section shall be subject to--
(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable to the
Secretary and in conformance with the title approval standards
applicable to Federal land acquisitions;
(C) such terms and conditions as the Secretary may require;
and
(D) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Federal parcel and the Deerfield parcel
shall be appraised by an independent appraiser selected by the
Secretary.
(2) Requirements.--An appraisal conducted under paragraph (1)
shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this subsection
shall be submitted to the Secretary for approval.
SEC. 1405. SODA MOUNTAIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), approximately 24,100 acres of Monument land, as
generally depicted on the wilderness map, is designated as wilderness
and as a component of the National Wilderness Preservation System, to
be known as the ``Soda Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the Secretary
shall file a map and legal description of the Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or legal
description.
(B) Notification.--The Secretary shall submit to Congress
notice of any changes made in the map or legal description
under subparagraph (A), including notice of the reason for the
change.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Fire, insect, and disease management activities.--Except as
provided by Presidential Proclamation Number 7318, dated June 9,
2000 (65 Fed. Reg. 37247), within the wilderness areas designated
by this subtitle, the Secretary may take such measures in
accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) as are necessary to control fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be desirable and appropriate.
(3) Livestock.--Except as provided in section 1402 and by
Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed.
Reg. 37247), the grazing of livestock in the Wilderness, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered necessary by the Secretary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife management.--In accordance with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in
this subtitle affects the jurisdiction of the State with respect to
fish and wildlife on public land in the State.
(5) Incorporation of acquired land and interests.--Any land or
interest in land within the boundary of the Wilderness that is
acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
SEC. 1406. EFFECT.
Nothing in this subtitle--
(1) affects the authority of a Federal agency to modify or
terminate grazing permits or leases, except as provided in section
1402;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease on
Federal land;
(4) establishes a precedent for future grazing permit or lease
donation programs; or
(5) affects the allocation, ownership, interest, or control, in
existence on the date of enactment of this Act, of any water, water
right, or any other valid existing right held by the United States,
an Indian tribe, a State, or a private individual, partnership, or
corporation.
Subtitle F--Owyhee Public Land Management
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) County.--The term ``County'' means Owyhee County, Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area of
the County from Jump Creek on the west to Mud Flat Road on the east
and draining north from the crest of the Silver City Range to the
Snake River.
(4) Plan.--The term ``plan'' means a travel management plan for
motorized and mechanized off-highway vehicle recreation prepared
under section 1507.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the Tribes,
State, and County, and in consultation with the University of Idaho,
Federal grazing permittees, and public, shall establish the Owyhee
Science Review and Conservation Center in the County to conduct
research projects to address natural resources management issues
affecting public and private rangeland in the County.
(b) Purpose.--The purpose of the center established under
subsection (a) shall be to facilitate the collection and analysis of
information to provide Federal and State agencies, the Tribes, the
County, private landowners, and the public with information on improved
rangeland management.
SEC. 1503. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the National
Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land comprising
approximately 52,826 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek Wilderness''
and dated May 5, 2008, which shall be known as the ``Big Jacks
Creek Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain land
comprising approximately 89,996 acres, as generally depicted on
the map entitled ``Bruneau-Jarbidge Rivers Wilderness'' and
dated December 15, 2008, which shall be known as the ``Bruneau-
Jarbidge Rivers Wilderness''.
(C) Little jacks creek wilderness.--Certain land comprising
approximately 50,929 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek Wilderness''
and dated May 5, 2008, which shall be known as the ``Little
Jacks Creek Wilderness''.
(D) North fork owyhee wilderness.--Certain land comprising
approximately 43,413 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``North Fork
Owyhee Wilderness''.
(E) Owyhee river wilderness.--Certain land comprising
approximately 267,328 acres, as generally depicted on the map
entitled ``Owyhee River Wilderness'' and dated May 5, 2008,
which shall be known as the ``Owyhee River Wilderness''.
(F) Pole creek wilderness.--Certain land comprising
approximately 12,533 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``Pole Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, 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 map and legal description for each area designated as
wilderness by this subtitle.
(B) Effect.--Each map and legal description submitted under
subparagraph (A) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct minor errors in the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the Bureau of Land Management.
(3) Release of wilderness study areas.--
(A) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(B) Release.--Any public land referred to in subparagraph
(A) that is not designated as wilderness by this subtitle--
(i) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)); and
(ii) shall be managed in accordance with the applicable
land use plan adopted under section 202 of that Act (43
U.S.C. 1712).
(b) Administration.--
(1) In general.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by
the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Withdrawal.--Subject to valid existing rights, the Federal
land designated as wilderness by this subtitle is withdrawn from
all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Livestock.--
(A) In general.--In the wilderness areas designated by this
subtitle, the grazing of livestock in areas in which grazing is
established as of the date of enactment of this Act shall be
allowed to continue, subject to such reasonable regulations,
policies, and practices as the Secretary considers necessary,
consistent with section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)) and the guidelines described in Appendix A
of House Report 101-405.
(B) Inventory.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct an inventory
of existing facilities and improvements associated with grazing
activities in the wilderness areas and wild and scenic rivers
designated by this subtitle.
(C) Fencing.--The Secretary may construct and maintain
fencing around wilderness areas designated by this subtitle as
the Secretary determines to be appropriate to enhance
wilderness values.
(D) Donation of grazing permits or leases.--
(i) Acceptance by secretary.--The Secretary shall
accept the donation of any valid existing permits or leases
authorizing grazing on public land, all or a portion of
which is within the wilderness areas designated by this
subtitle.
(ii) Termination.--With respect to each permit or lease
donated under clause (i), the Secretary shall--
(I) terminate the grazing permit or lease; and
(II) except as provided in clause (iii), ensure a
permanent end to grazing on the land covered by the
permit or lease.
(iii) Common allotments.--
(I) In general.--If the land covered by a permit or
lease donated under clause (i) is also covered by
another valid existing permit or lease that is not
donated under clause (i), the Secretary shall reduce
the authorized grazing level on the land covered by the
permit or lease to reflect the donation of the permit
or lease under clause (i).
(II) Authorized level.--To ensure that there is a
permanent reduction in the level of grazing on the land
covered by a permit or lease donated under clause (i),
the Secretary shall not allow grazing use to exceed the
authorized level established under subclause (I).
(iv) Partial donation.--
(I) In general.--If a person holding a valid
grazing permit or lease donates less than the full
amount of grazing use authorized under the permit or
lease, the Secretary shall--
(aa) reduce the authorized grazing level to
reflect the donation; and
(bb) modify the permit or lease to reflect the
revised level of use.
(II) Authorized level.--To ensure that there is a
permanent reduction in the authorized level of grazing
on the land covered by a permit or lease donated under
subclause (I), the Secretary shall not allow grazing
use to exceed the authorized level established under
that subclause.
(4) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law, the
Secretary may acquire land or interests in land within the
boundaries of the wilderness areas designated by this subtitle
by purchase, donation, or exchange.
(B) Incorporation of acquired land.--Any land or interest
in land in, or adjoining the boundary of, a wilderness area
designated by this subtitle that is acquired by the United
States shall be added to, and administered as part of, the
wilderness area in which the acquired land or interest in land
is located.
(5) Trail plan.--
(A) In general.--The Secretary, after providing
opportunities for public comment, shall establish a trail plan
that addresses hiking and equestrian trails on the land
designated as wilderness by this subtitle, in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the implementation of the trail plan.
(6) Outfitting and guide activities.--Consistent with section
4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial
services (including authorized outfitting and guide activities) are
authorized in wilderness areas designated by this subtitle to the
extent necessary for activities that fulfill the recreational or
other wilderness purposes of the areas.
(7) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
provide any owner of private property within the boundary of a
wilderness area designated by this subtitle adequate access to the
property.
(8) Fish and wildlife.--
(A) In general.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish and wildlife on
public land in the State.
(B) Management activities.--
(i) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that
are necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas designated
by this subtitle, if the management activities are--
(I) consistent with relevant wilderness management
plans; and
(II) conducted in accordance with appropriate
policies, such as the policies established in Appendix
B of House Report 101-405.
(ii) Inclusions.--Management activities under clause
(i) may include the occasional and temporary use of
motorized vehicles, if the use, as determined by the
Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness values while causing the minimum impact
necessary to accomplish those tasks.
(C) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance
with appropriate policies, such as those established in
Appendix B of House Report 101-405, the State may use aircraft
(including helicopters) in the wilderness areas designated by
this subtitle to survey, capture, transplant, monitor, and
provide water for wildlife populations, including bighorn
sheep, and feral stock, feral horses, and feral burros.
(9) Wildfire, insect, and disease management.--Consistent with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may take any measures that the Secretary determines to be
necessary to control fire, insects, and diseases, including, as the
Secretary determines appropriate, the coordination of those
activities with a State or local agency.
(10) Adjacent management.--
(A) In general.--The designation of a wilderness area by
this subtitle shall not create any protective perimeter or
buffer zone around the wilderness area.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this subtitle shall not preclude
the conduct of those activities or uses outside the boundary of
the wilderness area.
(11) Military overflights.--Nothing in this subtitle restricts
or precludes--
(A) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
(12) Water rights.--
(A) In general.--The designation of areas as wilderness by
subsection (a) shall not create an express or implied
reservation by the United States of any water or water rights
for wilderness purposes with respect to such areas.
(B) Exclusions.--This paragraph does not apply to any
components of the National Wild and Scenic Rivers System
designated by section 1504.
SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is amended by adding
at the end the following:
``(180) Battle creek, idaho.--The 23.4 miles of Battle Creek
from the confluence of the Owyhee River to the upstream boundary of
the Owyhee River Wilderness, to be administered by the Secretary of
the Interior as a wild river.
``(181) Big jacks creek, idaho.--The 35.0 miles of Big Jacks
Creek from the downstream border of the Big Jacks Creek Wilderness
in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW
\1/4\ of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be
administered by the Secretary of the Interior as a wild river.
``(182) Bruneau river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 39.3-mile segment of the Bruneau River from the downstream
boundary of the Bruneau-Jarbidge Wilderness to the upstream
confluence with the west fork of the Bruneau River, to be
administered by the Secretary of the Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A), the
0.6-mile segment of the Bruneau River at the Indian Hot Springs
public road access shall be administered by the Secretary of
the Interior as a recreational river.
``(183) West fork bruneau river, idaho.--The approximately 0.35
miles of the West Fork of the Bruneau River from the confluence
with the Jarbidge River to the downstream boundary of the Bruneau
Canyon Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R. 7 E.,
Boise Meridian, to be administered by the Secretary of the Interior
as a wild river.
``(184) Cottonwood creek, idaho.--The 2.6 miles of Cottonwood
Creek from the confluence with Big Jacks Creek to the upstream
boundary of the Big Jacks Creek Wilderness, to be administered by
the Secretary of the Interior as a wild river.
``(185) Deep creek, idaho.--The 13.1-mile segment of Deep Creek
from the confluence with the Owyhee River to the upstream boundary
of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise
Meridian, to be administered by the Secretary of the Interior as a
wild river.
``(186) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to a point on
the stream \1/4\ mile due west of the east boundary of sec. 16, T.
12 S., R. 2 W., Boise Meridian, to be administered by the Secretary
of the Interior as a wild river.
``(187) Duncan creek, idaho.--The 0.9-mile segment of Duncan
Creek from the confluence with Big Jacks Creek upstream to the east
boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be
administered by the Secretary of the Interior as a wild river.
``(188) Jarbidge river, idaho.--The 28.8 miles of the Jarbidge
River from the confluence with the West Fork Bruneau River to the
upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
administered by the Secretary of the Interior as a wild river.
``(189) Little jacks creek, idaho.--The 12.4 miles of Little
Jacks Creek from the downstream boundary of the Little Jacks Creek
Wilderness, upstream to the mouth of OX Prong Creek, to be
administered by the Secretary of the Interior as a wild river.
``(190) North fork owyhee river, idaho.--The following segments
of the North Fork of the Owyhee River, to be administered by the
Secretary of the Interior:
``(A) The 5.7-mile segment from the Idaho-Oregon State
border to the upstream boundary of the private land at the
Juniper Mt. Road crossing, as a recreational river.
``(B) The 15.1-mile segment from the upstream boundary of
the North Fork Owyhee River recreational segment designated in
paragraph (A) to the upstream boundary of the North Fork Owyhee
River Wilderness, as a wild river.
``(191) Owyhee river, idaho.--
``(A) In general.--Subject to subparagraph (B), the 67.3
miles of the Owyhee River from the Idaho-Oregon State border to
the upstream boundary of the Owyhee River Wilderness, to be
administered by the Secretary of the Interior as a wild river.
``(B) Access.--The Secretary of the Interior shall allow
for continued access across the Owyhee River at Crutchers
Crossing, subject to such terms and conditions as the Secretary
of the Interior determines to be necessary.
``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon from
the confluence of the Owyhee River to the upstream boundary of the
Owyhee River Wilderness, to be administered by the Secretary of the
Interior as a wild river.
``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek from
the confluence with the Bruneau River to the upstream boundary of
the Bruneau-Jarbidge Rivers Wilderness, to be administered by the
Secretary of the Interior as a wild river.
``(194) South fork owyhee river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 31.4-mile segment of the South Fork of the Owyhee River
upstream from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness at the Idaho-
Nevada State border, to be administered by the Secretary of the
Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A), the
1.2-mile segment of the South Fork of the Owyhee River from the
point at which the river enters the southernmost boundary to
the point at which the river exits the northernmost boundary of
private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise
Meridian, shall be administered by the Secretary of the
Interior as a recreational river.
``(195) Wickahoney creek, idaho.--The 1.5 miles of Wickahoney
Creek from the confluence of Big Jacks Creek to the upstream
boundary of the Big Jacks Creek Wilderness, to be administered by
the Secretary of the Interior as a wild river.''.
(b) Boundaries.--Notwithstanding section 3(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river segment
designated as a component of the National Wild and Scenic Rivers System
under this subtitle shall extend not more than the shorter of--
(1) an average distance of \1/4\ mile from the high water mark
on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) Land Acquisition.--The Secretary shall not acquire any private
land within the exterior boundary of a wild and scenic river corridor
without the consent of the owner.
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the Secretary may
sell public land located within the Boise District of the Bureau of
Land Management that, as of July 25, 2000, has been identified for
disposal in appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion of
the proceeds of a land sale to be distributed to any trust fund of
the State), proceeds from the sale of public land under subsection
(a) shall be deposited in a separate account in the Treasury of the
United States to be known as the ``Owyhee Land Acquisition
Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
land or interests in land in, or adjacent to, the wilderness
areas designated by this subtitle, including land identified as
``Proposed for Acquisition'' on the maps described in section
1503(a)(1).
(B) Applicable law.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management sold on
or after January 1, 2008.
(4) Additional amounts.--If necessary, the Secretary may use
additional amounts appropriated to the Department of the Interior,
subject to applicable reprogramming guidelines.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of enactment
of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section shall
be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(C) used in accordance with that subtitle.
SEC. 1506. TRIBAL CULTURAL RESOURCES.
(a) Coordination.--The Secretary shall coordinate with the Tribes
in the implementation of the Shoshone Paiute Cultural Resource
Protection Plan.
(b) Agreements.--The Secretary shall seek to enter into agreements
with the Tribes to implement the Shoshone Paiute Cultural Resource
Protection Plan to protect cultural sites and resources important to
the continuation of the traditions and beliefs of the Tribes.
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General.--In accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall,
in coordination with the Tribes, State, and County, prepare 1 or more
travel management plans for motorized and mechanized off-highway
vehicle recreation for the land managed by the Bureau of Land
Management in the County.
(b) Inventory.--Before preparing the plan under subsection (a), the
Secretary shall conduct resource and route inventories of the area
covered by the plan.
(c) Limitation to Designated Routes.--
(1) In general.--Except as provided in paragraph (2), the plan
shall limit recreational motorized and mechanized off-highway
vehicle use to a system of designated roads and trails established
by the plan.
(2) Exception.--Paragraph (1) shall not apply to snowmobiles.
(d) Temporary Limitation.--
(1) In general.--Except as provided in paragraph (2), until the
date on which the Secretary completes the plan, all recreational
motorized and mechanized off-highway vehicle use shall be limited
to roads and trails lawfully in existence on the day before the
date of enactment of this Act.
(2) Exception.--Paragraph (1) shall not apply to--
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or
limited in the Owyhee Resource Management Plan.
(e) Schedule.--
(1) Owyhee front.--It is the intent of Congress that, not later
than 1 year after the date of enactment of this Act, the Secretary
shall complete a transportation plan for the Owyhee Front.
(2) Other bureau of land management land in the county.--It is
the intent of Congress that, not later than 3 years after the date
of enactment of this Act, the Secretary shall complete a
transportation plan for Bureau of Land Management land in the
County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle G--Sabinoso Wilderness, New Mexico
SEC. 1601. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Sabinoso
Wilderness'' and dated September 8, 2008.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of New Mexico.
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres of land
under the jurisdiction of the Taos Field Office Bureau of Land
Management, New Mexico, as generally depicted on the map, is designated
as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ``Sabinoso Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a legal
description of the Sabinoso Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any
clerical and typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the Sabinoso
Wilderness shall be administered by the Secretary in accordance
with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land or
interest in land within the boundary of the Sabinoso Wilderness
that is acquired by the United States shall--
(A) become part of the Sabinoso Wilderness; and
(B) be managed in accordance with this subtitle and any
other laws applicable to the Sabinoso Wilderness.
(3) Grazing.--The grazing of livestock in the Sabinoso
Wilderness, if established before the date of enactment of this
Act, shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife.--In accordance with section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
affects the jurisdiction of the State with respect to fish and
wildlife in the State.
(5) Access.--
(A) In general.--In accordance with section 5(a) of the
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
continue to allow private landowners adequate access to
inholdings in the Sabinoso Wilderness.
(B) Certain land.--For access purposes, private land within
T. 16 N., R. 23 E., secs. 17 and 20 and the N\1/2\ of sec. 21,
N.M.M., shall be managed as an inholding in the Sabinoso
Wilderness.
(d) Withdrawal.--Subject to valid existing rights, the land
generally depicted on the map as ``Lands Withdrawn From Mineral Entry''
and ``Lands Released From Wilderness Study Area & Withdrawn From
Mineral Entry'' is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws, except disposal by exchange in accordance with
section 206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716);
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal leasing
laws.
(e) Release of Wilderness Study Areas.--Congress finds that, for
the purposes of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the public lands within the
Sabinoso Wilderness Study Area not designated as wilderness by this
subtitle--
(1) have been adequately studied for wilderness designation and
are no longer subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with applicable law
(including subsection (d)) and the land use management plan for the
surrounding area.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
SEC. 1651. DEFINITIONS.
In this subtitle:
(1) Line of demarcation.--The term ``line of demarcation''
means the point on the bank or shore at which the surface waters of
Lake Superior meet the land or sand beach, regardless of the level
of Lake Superior.
(2) Map.--The term ``map'' means the map entitled ``Pictured
Rocks National Lakeshore Beaver Basin Wilderness Boundary'',
numbered 625/80,051, and dated April 16, 2007.
(3) National lakeshore.--The term ``National Lakeshore'' means
the Pictured Rocks National Lakeshore.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Wilderness.--The term ``Wilderness'' means the Beaver Basin
Wilderness designated by section 1652(a).
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the land described in subsection (b) is designated as
wilderness and as a component of the National Wilderness Preservation
System, to be known as the ``Beaver Basin Wilderness''.
(b) Description of Land.--The land referred to in subsection (a) is
the land and inland water comprising approximately 11,740 acres within
the National Lakeshore, as generally depicted on the map.
(c) Boundary.--
(1) Line of demarcation.--The line of demarcation shall be the
boundary for any portion of the Wilderness that is bordered by Lake
Superior.
(2) Surface water.--The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered to be
outside the boundary of the Wilderness.
(d) Map and Legal Description.--
(1) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(2) Legal description.--As soon as practicable after the date
of enactment of this Act, 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
legal description of the boundary of the Wilderness.
(3) Force and effect.--The map and the legal description
submitted under paragraph (2) shall have the same force and effect
as if included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the map and legal
description.
SEC. 1653. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that Act
shall be considered to be a reference to the date of enactment of
this Act; and
(2) with respect to land administered by the Secretary, any
reference in that Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary.
(b) Use of Electric Motors.--The use of boats powered by electric
motors on Little Beaver and Big Beaver Lakes may continue, subject to
any applicable laws (including regulations).
SEC. 1654. EFFECT.
Nothing in this subtitle--
(1) modifies, alters, or affects any treaty rights;
(2) alters the management of the water of Lake Superior within
the boundary of the Pictured Rocks National Lakeshore in existence
on the date of enactment of this Act; or
(3) prohibits--
(A) the use of motors on the surface water of Lake Superior
adjacent to the Wilderness; or
(B) the beaching of motorboats at the line of demarcation.
Subtitle I--Oregon Badlands Wilderness
SEC. 1701. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Central Oregon
Irrigation District.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the map
entitled ``Badlands Wilderness'' and dated September 3, 2008.
SEC. 1702. OREGON BADLANDS WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 29,301 acres of Bureau of Land
Management land in the State, as generally depicted on the wilderness
map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Oregon Badlands
Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the Oregon
Badlands Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land or
interest in land within the boundary of the Oregon Badlands
Wilderness that is acquired by the United States shall--
(A) become part of the Oregon Badlands Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Oregon Badlands
Wilderness, if established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
regulations as are considered necessary by the Secretary in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
provide any owner of private property within the boundary of the
Oregon Badlands Wilderness adequate access to the property.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain
Federal land managed by the Bureau of Land Management with a width
of 25 feet, as generally depicted on the wilderness map as
``Potential Wilderness'', is designated as potential wilderness.
(2) Interim management.--The potential wilderness designated by
paragraph (1) shall be managed in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow
nonconforming uses that are authorized and in existence on the date
of enactment of this Act to continue in the potential wilderness.
(3) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) that are permitted under paragraph (2) have
terminated, the potential wilderness shall be--
(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands Wilderness.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Oregon Badlands Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 1703. RELEASE.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Badlands wilderness study area that are
not designated as the Oregon Badlands Wilderness or as potential
wilderness have been adequately studied for wilderness or potential
wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land use
plan adopted under section 202 of that Act (43 U.S.C. 1712).
SEC. 1704. LAND EXCHANGES.
(a) Clarno Land Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Landowner all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 239 acres of non-Federal
land identified on the wilderness map as ``Clarno to Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 209 acres of Federal land
identified on the wilderness map as ``Federal Government to
Clarno''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(b) District Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the District offers to convey to the United States all
right, title, and interest of the District in and to the non-
Federal land described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the District all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 527 acres of non-Federal
land identified on the wilderness map as ``COID to Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 697 acres of Federal land
identified on the wilderness map as ``Federal Government to
COID''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall carry out the land exchanges under this section in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(d) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary
or to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) Conditions of Exchange.--
(1) In general.--The land exchanges under this section shall be
subject to such terms and conditions as the Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land and
non-Federal land under this section, the Federal Government and the
owner of the non-Federal land shall equally share all costs
relating to the land exchange, including the costs of appraisals,
surveys, and any necessary environmental clearances.
(3) Valid existing rights.--The exchange of Federal land and
non-Federal land under this section shall be subject to any
easements, rights-of-way, and other valid rights in existence on
the date of enactment of this Act.
(f) Completion of Land Exchange.--It is the intent of Congress that
the land exchanges under this section shall be completed not later than
2 years after the date of enactment of this Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle J--Spring Basin Wilderness, Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Tribes.--The term ``Tribes'' means the Confederated Tribes
of the Warm Springs Reservation of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the map
entitled ``Spring Basin Wilderness with Land Exchange Proposals''
and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 6,382 acres of Bureau of Land
Management land in the State, as generally depicted on the wilderness
map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Spring Basin
Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the Spring
Basin Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land or
interest in land within the boundary of the Spring Basin Wilderness
that is acquired by the United States shall--
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(3) Grazing.--The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
regulations as are considered necessary by the Secretary, in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a legal
description of the Spring Basin Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this section, except that the Secretary may correct any
typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 1753. RELEASE.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Spring Basin wilderness study area that
are not designated by section 1752(a) as the Spring Basin Wilderness in
the following areas have been adequately studied for wilderness
designation:
(1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
(2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
(3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S \1/
2\.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land use
plan adopted under section 202 of that Act (43 U.S.C. 1712).
SEC. 1754. LAND EXCHANGES.
(a) Confederated Tribes of the Warm Springs Reservation Land
Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the Tribes offer to convey to the United States all right,
title, and interest of the Tribes in and to the non-Federal land
described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Tribes all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 4,480 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the CTWSIR to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 4,578 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to CTWSIR''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(4) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary under this subsection is withdrawn from
all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under any law relating to mineral and
geothermal leasing or mineral materials.
(b) McGreer Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 18 acres of non-Federal land
identified on the wilderness map as ``Lands proposed for
transfer from McGreer to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 327 acres of Federal land
identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to McGreer''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(c) Keys Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 180 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from Keys to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 187 acres of Federal land
identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Keys''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(d) Bowerman Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 32 acres of non-Federal land
identified on the wilderness map as ``Lands proposed for
transfer from Bowerman to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 24 acres of Federal land
identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Bowerman''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2) shall
be determined by surveys approved by the Secretary.
(e) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall carry out the land exchanges under this section in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(f) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary
or to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(g) Conditions of Exchange.--
(1) In general.--The land exchanges under this section shall be
subject to such terms and conditions as the Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land and
non-Federal land under this section, the Federal Government and the
owner of the non-Federal land shall equally share all costs
relating to the land exchange, including the costs of appraisals,
surveys, and any necessary environmental clearances.
(3) Valid existing rights.--The exchange of Federal land and
non-Federal land under this section shall be subject to any
easements, rights-of-way, and other valid rights in existence on
the date of enactment of this Act.
(h) Completion of Land Exchange.--It is the intent of Congress that
the land exchanges under this section shall be completed not later than
2 years after the date of enactment of this Act.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
SEC. 1801. DEFINITIONS.
In this subtitle:
(1) Forest.--The term ``Forest'' means the Ancient Bristlecone
Pine Forest designated by section 1808(a).
(2) Recreation area.--The term ``Recreation Area'' means the
Bridgeport Winter Recreation Area designated by section 1806(a).
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(4) State.--The term ``State'' means the State of California.
(5) Trail.--The term ``Trail'' means the Pacific Crest National
Scenic Trail.
SEC. 1802. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness and as
components of the National Wilderness Preservation System:
(1) Hoover wilderness additions.--
(A) In general.--Certain land in the Humboldt-Toiyabe and
Inyo National Forests, comprising approximately 79,820 acres
and identified as ``Hoover East Wilderness Addition,'' ``Hoover
West Wilderness Addition'', and ``Bighorn Proposed Wilderness
Addition'', as generally depicted on the maps described in
subparagraph (B), is incorporated in, and shall be considered
to be a part of, the Hoover Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Humboldt-Toiyabe National Forest
Proposed Management'' and dated September 17, 2008; and
(ii) the map entitled ``Bighorn Proposed Wilderness
Additions'' and dated September 23, 2008.
(C) Effect.--The designation of the wilderness under
subparagraph (A) shall not affect the ongoing activities of the
adjacent United States Marine Corps Mountain Warfare Training
Center on land outside the designated wilderness, in accordance
with the agreement between the Center and the Humboldt-Toiyabe
National Forest.
(2) Owens river headwaters wilderness.--Certain land in the
Inyo National Forest, comprising approximately 14,721 acres, as
generally depicted on the map entitled ``Owens River Headwaters
Proposed Wilderness'' and dated September 16, 2008, which shall be
known as the ``Owens River Headwaters Wilderness''.
(3) John muir wilderness additions.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land Management
in Inyo County, California, comprising approximately 70,411
acres, as generally depicted on the maps described in
subparagraph (B), is incorporated in, and shall be considered
to be a part of, the John Muir Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``John Muir Proposed Wilderness
Addition (1 of 5)'' and dated September 23, 2008;
(ii) the map entitled ``John Muir Proposed Wilderness
Addition (2 of 5)'' and dated September 23, 2008;
(iii) the map entitled ``John Muir Proposed Wilderness
Addition (3 of 5)'' and dated October 31, 2008;
(iv) the map entitled ``John Muir Proposed Wilderness
Addition (4 of 5)'' and dated September 16, 2008; and
(v) the map entitled ``John Muir Proposed Wilderness
Addition (5 of 5)'' and dated September 16, 2008.
(C) Boundary revision.--The boundary of the John Muir
Wilderness is revised as depicted on the map entitled ``John
Muir Wilderness--Revised'' and dated September 16, 2008.
(4) Ansel adams wilderness addition.--Certain land in the Inyo
National Forest, comprising approximately 528 acres, as generally
depicted on the map entitled ``Ansel Adams Proposed Wilderness
Addition'' and dated September 16, 2008, is incorporated in, and
shall be considered to be a part of, the Ansel Adams Wilderness.
(5) White mountains wilderness.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land Management
in Mono County, California, comprising approximately 229,993
acres, as generally depicted on the maps described in
subparagraph (B), which shall be known as the ``White Mountains
Wilderness''.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``White Mountains Proposed
Wilderness-Map 1 of 2 (North)'' and dated September 16,
2008; and
(ii) the map entitled ``White Mountains Proposed
Wilderness-Map 2 of 2 (South)'' and dated September 16,
2008.
(6) Granite mountain wilderness.--Certain land in the Inyo
National Forest and certain land administered by the Bureau of Land
Management in Mono County, California, comprising approximately
34,342 acres, as generally depicted on the map entitled ``Granite
Mountain Wilderness'' and dated September 19, 2008, which shall be
known as the ``Granite Mountain Wilderness''.
(7) Magic mountain wilderness.--Certain land in the Angeles
National Forest, comprising approximately 12,282 acres, as
generally depicted on the map entitled ``Magic Mountain Proposed
Wilderness'' and dated December 16, 2008, which shall be known as
the ``Magic Mountain Wilderness''.
(8) Pleasant view ridge wilderness.--Certain land in the
Angeles National Forest, comprising approximately 26,757 acres, as
generally depicted on the map entitled ``Pleasant View Ridge
Proposed Wilderness'' and dated December 16, 2008, which shall be
known as the ``Pleasant View Ridge Wilderness''.
SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, the Secretary
shall administer the wilderness areas and wilderness additions
designated by this subtitle in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this Act;
and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary that has
jurisdiction over the land.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area and wilderness addition
designated by this subtitle with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any errors
in the map and legal description.
(3) Public availability.--Each map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land (or
interest in land) within the boundary of a wilderness area or
wilderness addition designated by this subtitle that is acquired by the
Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this subtitle, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, any Federal land designated as a wilderness
area or wilderness addition by this subtitle is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and geothermal
leasing or mineral materials.
(e) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this subtitle
as are necessary for the control of fire, insects, and diseases in
accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas and
wilderness additions designated by this subtitle.
(3) Revision and development of local fire management plans.--
As soon as practicable after the date of enactment of this Act, the
Secretary shall amend the local fire management plans that apply to
the land designated as a wilderness area or wilderness addition by
this subtitle.
(4) Administration.--Consistent with paragraph (1) and other
applicable Federal law, to ensure a timely and efficient response
to fire emergencies in the wilderness areas and wilderness
additions designated by this subtitle, the Secretary shall--
(A) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest Supervisor,
District Manager, or other agency officials) for responding to
fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(f) Access to Private Property.--The Secretary shall provide any
owner of private property within the boundary of a wilderness area or
wilderness addition designated by this subtitle adequate access to the
property to ensure the reasonable use and enjoyment of the property by
the owner.
(g) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
subtitle;
(2) the designation of new units of special airspace over the
wilderness areas or wilderness additions designated by this
subtitle; or
(3) the use or establishment of military flight training routes
over wilderness areas or wilderness additions designated by this
subtitle.
(h) Livestock.--Grazing of livestock and the maintenance of
existing facilities relating to grazing in wilderness areas or
wilderness additions designated by this subtitle, if established before
the date of enactment of this Act, shall be permitted to continue in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry
out management activities to maintain or restore fish and wildlife
populations and fish and wildlife habitats in wilderness areas or
wilderness additions designated by this subtitle if the activities
are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(2) State jurisdiction.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish and wildlife on
public land located in the State.
(j) Horses.--Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as wilderness or as a wilderness addition by
this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) Outfitter and Guide Use.--Outfitter and guide activities
conducted under permits issued by the Forest Service on the additions
to the John Muir, Ansel Adams, and Hoover wilderness areas designated
by this subtitle shall be in addition to any existing limits
established for the John Muir, Ansel Adams, and Hoover wilderness
areas.
(l) Transfer to the Forest Service.--
(1) White mountains wilderness.--Administrative jurisdiction
over the approximately 946 acres of land identified as ``Transfer
of Administrative Jurisdiction from BLM to FS'' on the maps
described in section 1802(5)(B) is transferred from the Bureau of
Land Management to the Forest Service to be managed as part of the
White Mountains Wilderness.
(2) John muir wilderness.--Administrative jurisdiction over the
approximately 143 acres of land identified as ``Transfer of
Administrative Jurisdiction from BLM to FS'' on the maps described
in section 1802(3)(B) is transferred from the Bureau of Land
Management to the Forest Service to be managed as part of the John
Muir Wilderness.
(m) Transfer to the Bureau of Land Management.--Administrative
jurisdiction over the approximately 3,010 acres of land identified as
``Land from FS to BLM'' on the maps described in section 1802(6) is
transferred from the Forest Service to the Bureau of Land Management to
be managed as part of the Granite Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section 603 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
any portion of a wilderness study area described in subsection (b) that
is not designated as a wilderness area or wilderness addition by this
subtitle or any other Act enacted before the date of enactment of this
Act has been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred to in
subsection (a) are--
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area described in
subsection (b) that is not designated as a wilderness area or
wilderness addition by this subtitle or any other Act enacted before
the date of enactment of this Act shall not be subject to section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 1504(a)) is amended by adding at
the end the following:
``(196) Amargosa river, california.--The following segments of
the Amargosa River in the State of California, to be administered
by the Secretary of the Interior:
``(A) The approximately 4.1-mile segment of the Amargosa
River from the northern boundary of sec. 7, T. 21 N., R. 7 E.,
to 100 feet upstream of the Tecopa Hot Springs road crossing,
as a scenic river.
``(B) The approximately 8-mile segment of the Amargosa
River from 100 feet downstream of the Tecopa Hot Springs Road
crossing to 100 feet upstream of the Old Spanish Trail Highway
crossing near Tecopa, as a scenic river.
``(C) The approximately 7.9-mile segment of the Amargosa
River from the northern boundary of sec. 16, T. 20 N., R. 7 E.,
to .25 miles upstream of the confluence with Sperry Wash in
sec. 10, T. 19 N., R. 7 E., as a wild river.
``(D) The approximately 4.9-mile segment of the Amargosa
River from .25 miles upstream of the confluence with Sperry
Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the
Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7
E., as a recreational river.
``(E) The approximately 1.4-mile segment of the Amargosa
River from 100 feet downstream of the Dumont Dunes access road
crossing in sec. 32, T. 19 N., R. 7 E., as a recreational
river.
``(197) Owens river headwaters, california.--The following
segments of the Owens River in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 2.3-mile segment of Deadman Creek from the 2-
forked source east of San Joaquin Peak to the confluence with
the unnamed tributary flowing north into Deadman Creek from
sec. 12, T. 3 S., R. 26 E., as a wild river.
``(B) The 2.3-mile segment of Deadman Creek from the
unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to
the Road 3S22 crossing, as a scenic river.
``(C) The 4.1-mile segment of Deadman Creek from the Road
3S22 crossing to .25 miles downstream of the Highway 395
crossing, as a recreational river.
``(D) The 3-mile segment of Deadman Creek from .25 miles
downstream of the Highway 395 crossing to 100 feet upstream of
Big Springs, as a scenic river.
``(E) The 1-mile segment of the Upper Owens River from 100
feet upstream of Big Springs to the private property boundary
in sec. 19, T. 2 S., R. 28 E., as a recreational river.
``(F) The 4-mile segment of Glass Creek from its 2-forked
source to 100 feet upstream of the Glass Creek Meadow Trailhead
parking area in sec. 29, T. 2 S., R.27 E., as a wild river.
``(G) The 1.3-mile segment of Glass Creek from 100 feet
upstream of the trailhead parking area in sec. 29 to the end of
Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a scenic
river.
``(H) The 1.1-mile segment of Glass Creek from the end of
Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the
confluence with Deadman Creek, as a recreational river.
``(198) Cottonwood creek, california.--The following segments
of Cottonwood Creek in the State of California:
``(A) The 17.4-mile segment from its headwaters at the
spring in sec. 27, T 4 S., R. 34 E., to the Inyo National
Forest boundary at the east section line of sec 3, T. 6 S., R.
36 E., as a wild river to be administered by the Secretary of
Agriculture.
``(B) The 4.1-mile segment from the Inyo National Forest
boundary to the northern boundary of sec. 5, T.4 S., R. 34 E.,
as a recreational river, to be administered by the Secretary of
the Interior.
``(199) Piru creek, california.--The following segments of Piru
Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(B) The 4.25-mile segment from the boundary of the Sespe
Wilderness to the boundary between Los Angeles and Ventura
Counties, as a wild river.''.
(b) Effect.--The designation of Piru Creek under subsection (a)
shall not affect valid rights in existence on the date of enactment of
this Act.
SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.
(a) Designation.--The approximately 7,254 acres of land in the
Humboldt-Toiyabe National Forest identified as the ``Bridgeport Winter
Recreation Area'', as generally depicted on the map entitled
``Humboldt-Toiyabe National Forest Proposed Management'' and dated
September 17, 2008, is designated as the Bridgeport Winter Recreation
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Recreation Area with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any errors
in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Management.--
(1) Interim management.--Until completion of the management
plan required under subsection (d), and except as provided in
paragraph (2), the Recreation Area shall be managed in accordance
with the Toiyabe National Forest Land and Resource Management Plan
of 1986 (as in effect on the day of enactment of this Act).
(2) Use of snowmobiles.--The winter use of snowmobiles shall be
allowed in the Recreation Area--
(A) during periods of adequate snow coverage during the
winter season; and
(B) subject to any terms and conditions determined to be
necessary by the Secretary.
(d) Management Plan.--To ensure the sound management and
enforcement of the Recreation Area, the Secretary shall, not later than
1 year after the date of enactment of this Act, undergo a public
process to develop a winter use management plan that provides for--
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) Enforcement.--The Secretary shall prioritize enforcement
activities in the Recreation Area--
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation on the
Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) Pacific Crest National Scenic Trail.--The Secretary shall
establish an appropriate snowmobile crossing point along the Trail in
the area identified as ``Pacific Crest Trail Proposed Crossing Area''
on the map entitled ``Humboldt-Toiyable National Forest Proposed
Management'' and dated September 17, 2008--
(1) in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) any applicable environmental and public safety laws;
and
(2) subject to the terms and conditions the Secretary
determines to be necessary to ensure that the crossing would not--
(A) interfere with the nature and purposes of the Trail; or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL FOREST.
Certain land in the Humboldt-Toiyabe National Forest, comprising
approximately 3,690 acres identified as ``Pickel Hill Management
Area'', as generally depicted on the map entitled ``Humboldt-Toiyabe
National Forest Proposed Management'' and dated September 17, 2008,
shall be managed in a manner consistent with the non-Wilderness forest
areas immediately surrounding the Pickel Hill Management Area,
including the allowance of snowmobile use.
SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.
(a) Designation.--To conserve and protect the Ancient Bristlecone
Pines by maintaining near-natural conditions and to ensure the survival
of the Pines for the purposes of public enjoyment and scientific study,
the approximately 31,700 acres of public land in the State, as
generally depicted on the map entitled ``Ancient Bristlecone Pine
Forest--Proposed'' and dated July 16, 2008, is designated as the
``Ancient Bristlecone Pine Forest''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable, but not later than 3
years after the date of enactment of this Act, the Secretary shall
file a map and legal description of the Forest with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any errors
in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Management.--
(1) In general.--The Secretary shall administer the Forest--
(A) in a manner that--
(i) protect the resources and values of the area in
accordance with the purposes for which the Forest is
established, as described in subsection (a); and
(ii) promotes the objectives of the applicable
management plan (as in effect on the date of enactment of
this Act), including objectives relating to--
(I) the protection of bristlecone pines for public
enjoyment and scientific study;
(II) the recognition of the botanical, scenic, and
historical values of the area; and
(III) the maintenance of near-natural conditions by
ensuring that all activities are subordinate to the
needs of protecting and preserving bristlecone pines
and wood remnants; and
(B) in accordance with the National Forest Management Act
of 1976 (16 U.S.C. 1600 et seq.), this section, and any other
applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Forest as the Secretary determines would further the
purposes for which the Forest is established, as described in
subsection (a).
(B) Scientific research.--Scientific research shall be
allowed in the Forest in accordance with the Inyo National
Forest Land and Resource Management Plan (as in effect on the
date of enactment of this Act).
(3) Withdrawal.--Subject to valid existing rights, all Federal
land within the Forest is withdrawn from--
(A) all forms of entry, appropriation or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
Subtitle L--Riverside County Wilderness, California
SEC. 1851. WILDERNESS DESIGNATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Designation of Wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau of Land
Management Land in Riverside County, California.--
(1) Designations.--
(A) Agua tibia wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the Cleveland National Forest and certain land administered by
the Bureau of Land Management in Riverside County, California,
together comprising approximately 2,053 acres, as generally
depicted on the map titled ``Proposed Addition to Agua Tibia
Wilderness'', and dated May 9, 2008, is designated as
wilderness and is incorporated in, and shall be deemed to be a
part of, the Agua Tibia Wilderness designated by section 2(a)
of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(B) Cahuilla mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
San Bernardino National Forest, California, comprising
approximately 5,585 acres, as generally depicted on the map
titled ``Cahuilla Mountain Proposed Wilderness'', and dated May
1, 2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System, which
shall be known as the ``Cahuilla Mountain Wilderness''.
(C) South fork san jacinto wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, comprising
approximately 20,217 acres, as generally depicted on the map
titled ``South Fork San Jacinto Proposed Wilderness'', and
dated May 1, 2008, is designated as wilderness and, therefore,
as a component of the National Wilderness Preservation System,
which shall be known as the ``South Fork San Jacinto
Wilderness''.
(D) Santa rosa wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, and certain
land administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 2,149 acres, as
generally depicted on the map titled ``Santa Rosa-San Jacinto
National Monument Expansion and Santa Rosa Wilderness
Addition'', and dated March 12, 2008, is designated as
wilderness and is incorporated in, and shall be deemed to be a
part of, the Santa Rosa Wilderness designated by section
101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132
note) and expanded by paragraph (59) of section 102 of Public
Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(E) Beauty mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 15,621 acres, as
generally depicted on the map titled ``Beauty Mountain Proposed
Wilderness'', and dated April 3, 2007, is designated as
wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the
``Beauty Mountain Wilderness''.
(F) Joshua tree national park wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in Joshua Tree National Park, comprising
approximately 36,700 acres, as generally depicted on the map
numbered 156/80,055, and titled ``Joshua Tree National Park
Proposed Wilderness Additions'', and dated March 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated
by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C.
1132 note).
(G) Orocopia mountains wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 4,635 acres, as
generally depicted on the map titled ``Orocopia Mountains
Proposed Wilderness Addition'', and dated May 8, 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Orocopia Mountains Wilderness as
designated by paragraph (44) of section 102 of Public Law 103-
433 (108 Stat. 4472; 16 U.S.C. 1132 note), except that the
wilderness boundaries established by this subsection in
Township 7 South, Range 13 East, exclude--
(i) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(ii) a corridor 250 feet from both sides of the
centerline of the vehicle route in the unnamed wash that
flows between the Eagle Mountain Railroad on the south and
the existing Orocopia Mountains Wilderness boundary; and
(iii) a corridor 250 feet from both sides of the
centerline of the vehicle route in the unnamed wash that
flows between the Chocolate Mountain Aerial Gunnery Range
on the south and the existing Orocopia Mountains Wilderness
boundary.
(H) Palen/McCoy wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 22,645 acres, as
generally depicted on the map titled ``Palen-McCoy Proposed
Wilderness Additions'', and dated May 8, 2008, is designated as
wilderness and is incorporated in, and shall be deemed to be a
part of, the Palen/McCoy Wilderness as designated by paragraph
(47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(I) Pinto mountains wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 24,404 acres, as
generally depicted on the map titled ``Pinto Mountains Proposed
Wilderness'', and dated February 21, 2008, is designated as
wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the
``Pinto Mountains Wilderness''.
(J) Chuckwalla mountains wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 12,815
acres, as generally depicted on the map titled ``Chuckwalla
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains
Wilderness as designated by paragraph (12) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(2) Maps and descriptions.--
(A) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) Force of law.--A map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may correct
errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
(3) Utility facilities.--Nothing in this section prohibits the
construction, operation, or maintenance, using standard industry
practices, of existing utility facilities located outside of the
wilderness areas and wilderness additions designated by this
section.
(c) Joshua Tree National Park Potential Wilderness.--
(1) Designation of potential wilderness.--Certain land in the
Joshua Tree National Park, comprising approximately 43,300 acres,
as generally depicted on the map numbered 156/80,055, and titled
``Joshua Tree National Park Proposed Wilderness Additions'', and
dated March 2008, is designated potential wilderness and shall be
managed by the Secretary of the Interior insofar as practicable as
wilderness until such time as the land is designated as wilderness
pursuant to paragraph (2).
(2) Designation as wilderness.--The land designated potential
wilderness by paragraph (1) shall be designated as wilderness and
incorporated in, and be deemed to be a part of, the Joshua Tree
Wilderness designated by section 1(g) of Public Law 94-567 (90
Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the
Secretary of the Interior in the Federal Register of a notice
that--
(A) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased; and
(B) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(3) Map and description.--
(A) In general.--As soon as practicable after the date on
which the notice required by paragraph (2) is published in the
Federal Register, the Secretary shall file a map and legal
description of the land designated as wilderness and potential
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect as
if included in this section, except that the Secretary may
correct errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
(d) Administration of Wilderness.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
section shall be administered by the Secretary in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(i) the date of the enactment of this Act; or
(ii) in the case of the wilderness addition designated
by subsection (c), the date on which the notice required by
such subsection is published in the Federal Register; and
(B) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the Secretary
that has jurisdiction over the land.
(2) Incorporation of acquired land and interests.--Any land
within the boundaries of a wilderness area or wilderness addition
designated by this section that is acquired by the United States
shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this Act, the land designated as wilderness by
this section is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(4) Fire management and related activities.--
(A) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
section as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(B) Funding priorities.--Nothing in this section limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this section.
(C) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area or
wilderness addition by this section.
(D) Administration.--Consistent with subparagraph (A) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and
wilderness additions designated by this section, the Secretary
shall--
(i) not later than 1 year after the date of enactment
of this Act, establish agency approval procedures
(including appropriate delegations of authority to the
Forest Supervisor, District Manager, or other agency
officials) for responding to fire emergencies; and
(ii) enter into agreements with appropriate State or
local firefighting agencies.
(5) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this section shall be
administered in accordance with the provisions of section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set
forth in House Report 96-617 to accompany H.R. 5487 of the 96th
Congress.
(6) Native american uses and interests.--
(A) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may temporarily
close to the general public use of one or more specific
portions of the wilderness area in order to protect the privacy
of traditional cultural activities in such areas by members of
the Indian tribe. 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), commonly
referred to as the American Indian Religious Freedom Act, and
the Wilderness Act (16 U.S.C. 1131 et seq.).
(B) Indian tribe defined.--In this paragraph, the term
``Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community of Indians which is recognized as
eligible by the Secretary of the Interior for the special
programs and services provided by the United States to Indians
because of their status as Indians.
(7) Military activities.--Nothing in this section precludes--
(A) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(B) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by this
section; or
(C) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this section.
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1805) is amended by adding at the end the
following new paragraphs:
``(200) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 2.12-mile segment from the source of the North Fork
San Jacinto River at Deer Springs in Mt. San Jacinto State Park to
the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State Park
boundary to the Lawler Park boundary in section 26, township 4
south, range 2 east, San Bernardino meridian, as a scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary to
its confluence with Fuller Mill Creek, as a recreational river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing, as a
wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the 5S09
road crossing to its confluence with Stone Creek, as a scenic
river.
``(F) The 2.91-mile segment from the Stone Creek confluence to
the northern boundary of section 17, township 5 south, range 2
east, San Bernardino meridian, as a wild river.
``(201) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill Creek
in the San Jacinto Wilderness to the Pinewood property boundary in
section 13, township 4 south, range 2 east, San Bernardino
meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property boundary
in section 23, township 4 south, range 2 east, San Bernardino
meridian, to its confluence with the North Fork San Jacinto River,
as a scenic river.
``(202) Palm Canyon Creek, California.--The 8.1-mile segment of
Palm Canyon Creek in the State of California from the southern boundary
of section 6, township 7 south, range 5 east, San Bernardino meridian,
to the San Bernardino National Forest boundary in section 1, township 6
south, range 4 east, San Bernardino meridian, to be administered by the
Secretary of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua Caliente Band of
Cahuilla Indians to protect and enhance river values.
``(203) Bautista Creek, California.--The 9.8-mile segment of
Bautista Creek in the State of California from the San Bernardino
National Forest boundary in section 36, township 6 south, range 2 east,
San Bernardino meridian, to the San Bernardino National Forest boundary
in section 2, township 6 south, range 1 east, San Bernardino meridian,
to be administered by the Secretary of Agriculture as a recreational
river.''.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) Boundary Adjustment, Santa Rosa and San Jacinto Mountains
National Monument.--Section 2 of the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C.
1362; 16 U.S.C. 431 note) is amended by adding at the end the following
new subsection:
``(e) Expansion of Boundaries.--In addition to the land described
in subsection (c), the boundaries of the National Monument shall
include the following lands identified as additions to the National
Monument on the map titled `Santa Rosa-San Jacinto National Monument
Expansion and Santa Rosa Wilderness Addition', and dated March 12,
2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.''.
(b) Technical Amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.--Section 7(d) of the Santa
Rosa and San Jacinto Mountains National Monument Act of 2000 (Public
Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by
striking ``eight'' and inserting ``a majority of the appointed''.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(1) John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings Canyon
National Parks, comprising approximately 39,740 acres of land,
and 130 acres of potential wilderness additions as generally
depicted on the map numbered 102/60014b, titled ``John Krebs
Wilderness'', and dated September 16, 2008.
(B) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral King
Valley; or
(ii) the private inholdings known as ``Silver City''
and ``Kaweah Han''.
(C) Potential wilderness additions.--The designation of the
potential wilderness additions under subparagraph (A) shall not
prohibit the operation, maintenance, and repair of the small
check dams and water impoundments on Lower Franklin Lake,
Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Secretary
is authorized to allow the use of helicopters for the
operation, maintenance, and repair of the small check dams and
water impoundments on Lower Franklin Lake, Crystal Lake, Upper
Monarch Lake, and Eagle Lake. The potential wilderness
additions shall be designated as wilderness and incorporated
into the John Krebs Wilderness established by this section upon
termination of the non-conforming uses.
(2) Sequoia-kings canyon wilderness addition.--Certain land in
Sequoia and Kings Canyon National Parks, California, comprising
approximately 45,186 acres as generally depicted on the map titled
``Sequoia-Kings Canyon Wilderness Addition'', numbered 102/60015a,
and dated March 10, 2008, is incorporated in, and shall be
considered to be a part of, the Sequoia-Kings Canyon Wilderness.
(3) Recommended wilderness.--Land in Sequoia and Kings Canyon
National Parks that was managed as of the date of enactment of this
Act as recommended or proposed wilderness but not designated by
this section as wilderness shall continue to be managed as
recommended or proposed wilderness, as appropriate.
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each area designated as wilderness by this subtitle
with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices,
Facilities, and Associated Equipment.--The Secretary shall continue to
manage maintenance and access to hydrologic, meteorologic, and
climatological devices, facilities and associated equipment consistent
with House Report 98-40.
(d) Authorized Activities Outside Wilderness.--Nothing in this
subtitle precludes authorized activities conducted outside of an area
designated as wilderness by this subtitle by cabin owners (or
designees) in the Mineral King Valley area or property owners or
lessees (or designees) in the Silver City inholding, as identified on
the map described in section 1902(1)(A).
(e) Horseback Riding.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle or pack
stock into, an area designated as wilderness by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
SEC. 1951. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Rocky
Mountain National Park Wilderness Act of 2007'' and dated September
2006.
(2) Park.--The term ``Park'' means Rocky Mountain National Park
located in the State of Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Trail.--The term ``Trail'' means the East Shore Trail
established under section 1954(a).
(5) Wilderness.--The term ``Wilderness'' means the wilderness
designated by section 1952(a).
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as
a component of the National Wilderness Preservation System
approximately 249,339 acres of land in the Park, as generally depicted
on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(A) prepare a map and boundary description of the
Wilderness; and
(B) submit the map and boundary description prepared under
subparagraph (A) to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives.
(2) Availability; force of law.--The map and boundary
description submitted under paragraph (1)(B) shall--
(A) be on file and available for public inspection in
appropriate offices of the National Park Service; and
(B) have the same force and effect as if included in this
subtitle.
(c) Inclusion of Potential Wilderness.--
(1) In general.--On publication in the Federal Register of a
notice by the Secretary that all uses inconsistent with the
Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land
identified on the map as a ``Potential Wilderness Area'', the land
shall be--
(A) included in the Wilderness; and
(B) administered in accordance with subsection (e).
(2) Boundary description.--On inclusion in the Wilderness of
the land referred to in paragraph (1), the Secretary shall modify
the map and boundary description submitted under subsection (b) to
reflect the inclusion of the land.
(d) Exclusion of Certain Land.--The following areas are
specifically excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal of the
Grand River Ditch and a branch of the main canal known as the
Specimen Ditch), the right-of-way for the Grand River Ditch, land
200 feet on each side of the center line of the Grand River Ditch,
and any associated appurtenances, structures, buildings, camps, and
work sites in existence as of June 1, 1998.
(2) Land owned by the St. Vrain & Left Hand Water Conservancy
District, including Copeland Reservoir and the Inlet Ditch to the
Reservoir from North St. Vrain Creek, comprising approximately
35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust, comprising
approximately 2.75 acres.
(4) Land within the area depicted on the map as the ``East
Shore Trail Area''.
(e) Administration.--Subject to valid existing rights, any land
designated as wilderness under this section or added to the Wilderness
after the date of enactment of this Act under subsection (c) shall be
administered by the Secretary in accordance with this subtitle and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to be a
reference to the date of enactment of this Act, or the date on
which the additional land is added to the Wilderness, respectively;
and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be a
reference to the Secretary.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the United States has existing rights to water within
the Park;
(B) the existing water rights are sufficient for the
purposes of the Wilderness; and
(C) based on the findings described in subparagraphs (A)
and (B), there is no need for the United States to reserve or
appropriate any additional water rights to fulfill the purposes
of the Wilderness.
(2) Effect.--Nothing in this subtitle--
(A) constitutes an express or implied reservation by the
United States of water or water rights for any purpose; or
(B) modifies or otherwise affects any existing water rights
held by the United States for the Park.
(g) Fire, Insect, and Disease Control.--The Secretary may take such
measures in the Wilderness as are necessary to control fire, insects,
and diseases, as are provided for in accordance with--
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.
(a) Conditional Waiver of Strict Liability.--During any period in
which the Water Supply and Storage Company (or any successor in
interest to the company with respect to the Grand River Ditch) operates
and maintains the portion of the Grand River Ditch in the Park in
compliance with an operations and maintenance agreement between the
Water Supply and Storage Company and the National Park Service, the
provisions of paragraph (6) of the stipulation approved June 28, 1907--
(1) shall be suspended; and
(2) shall not be enforceable against the Company (or any
successor in interest).
(b) Agreement.--The agreement referred to in subsection (a) shall--
(1) ensure that--
(A) Park resources are managed in accordance with the laws
generally applicable to the Park, including--
(i) the Act of January 26, 1915 (16 U.S.C. 191 et
seq.); and
(ii) the National Park Service Organic Act (16 U.S.C. 1
et seq.);
(B) Park land outside the right-of-way corridor remains
unimpaired consistent with the National Park Service management
policies in effect as of the date of enactment of this Act; and
(C) any use of Park land outside the right-of-way corridor
(as of the date of enactment of this Act) shall be permitted
only on a temporary basis, subject to such terms and conditions
as the Secretary determines to be necessary; and
(2) include stipulations with respect to--
(A) flow monitoring and early warning measures;
(B) annual and periodic inspections;
(C) an annual maintenance plan;
(D) measures to identify on an annual basis capital
improvement needs; and
(E) the development of plans to address the needs
identified under subparagraph (D).
(c) Limitation.--Nothing in this section limits or otherwise
affects--
(1) the liability of any individual or entity for damages to,
loss of, or injury to any resource within the Park resulting from
any cause or event that occurred before the date of enactment of
this Act; or
(2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including the
defenses available under that Act for damage caused--
(A) solely by--
(i) an act of God;
(ii) an act of war; or
(iii) an act or omission of a third party (other than
an employee or agent); or
(B) by an activity authorized by Federal or State law.
(d) Colorado-Big Thompson Project and Windy Gap Project.--
(1) In general.--Nothing in this subtitle, including the
designation of the Wilderness, prohibits or affects current and
future operation and maintenance activities in, under, or affecting
the Wilderness that were allowed as of the date of enactment of
this Act under the Act of January 26, 1915 (16 U.S.C. 191),
relating to the Alva B. Adams Tunnel or other Colorado-Big Thompson
Project facilities located within the Park.
(2) Alva b. adams tunnel.--Nothing in this subtitle, including
the designation of the Wilderness, prohibits or restricts the
conveyance of water through the Alva B. Adams Tunnel for any
purpose.
(e) Right-of-Way.--Notwithstanding the Act of March 3, 1891 (43
U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of
way for the Grand River Ditch shall not be terminated, forfeited, or
otherwise affected as a result of the water transported by the Grand
River Ditch being used primarily for domestic purposes or any purpose
of a public nature, unless the Secretary determines that the change in
the main purpose or use adversely affects the Park.
(f) New Reclamation Projects.--Nothing in the first section of the
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow
development in the Wilderness of any reclamation project not in
existence as of the date of enactment of this Act.
(g) Clarification of Management Authority.--Nothing in this section
reduces or limits the authority of the Secretary to manage land and
resources within the Park under applicable law.
SEC. 1954. EAST SHORE TRAIL AREA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish within the East Shore Trail
Area in the Park an alignment line for a trail, to be known as the
``East Shore Trail'', to maximize the opportunity for sustained use of
the Trail without causing--
(1) harm to affected resources; or
(2) conflicts among users.
(b) Boundaries.--
(1) In general.--After establishing the alignment line for the
Trail under subsection (a), the Secretary shall--
(A) identify the boundaries of the Trail, which shall not
extend more than 25 feet east of the alignment line or be
located within the Wilderness; and
(B) modify the map of the Wilderness prepared under section
1952(b)(1)(A) so that the western boundary of the Wilderness is
50 feet east of the alignment line.
(2) Adjustments.--To the extent necessary to protect Park
resources, the Secretary may adjust the boundaries of the Trail, if
the adjustment does not place any portion of the Trail within the
boundary of the Wilderness.
(c) Inclusion in Wilderness.--On completion of the construction of
the Trail, as authorized by the Secretary--
(1) any portion of the East Shore Trail Area that is not
traversed by the Trail, that is not west of the Trail, and that is
not within 50 feet of the centerline of the Trail shall be--
(A) included in the Wilderness; and
(B) managed as part of the Wilderness in accordance with
section 1952; and
(2) the Secretary shall modify the map and boundary description
of the Wilderness prepared under section 1952(b)(1)(A) to reflect
the inclusion of the East Shore Trail Area land in the Wilderness.
(d) Effect.--Nothing in this section--
(1) requires the construction of the Trail along the alignment
line established under subsection (a); or
(2) limits the extent to which any otherwise applicable law or
policy applies to any decision with respect to the construction of
the Trail.
(e) Relation to Land Outside Wilderness.--
(1) In general.--Except as provided in this subsection, nothing
in this subtitle affects the management or use of any land not
included within the boundaries of the Wilderness or the potential
wilderness land.
(2) Motorized vehicles and machinery.--No use of motorized
vehicles or other motorized machinery that was not permitted on
March 1, 2006, shall be allowed in the East Shore Trail Area except
as the Secretary determines to be necessary for use in--
(A) constructing the Trail, if the construction is
authorized by the Secretary; or
(B) maintaining the Trail.
(3) Management of land before inclusion.--Until the Secretary
authorizes the construction of the Trail and the use of the Trail
for non-motorized bicycles, the East Shore Trail Area shall be
managed--
(A) to protect any wilderness characteristics of the East
Shore Trail Area; and
(B) to maintain the suitability of the East Shore Trail
Area for inclusion in the Wilderness.
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of
the Indian Peaks Wilderness Area, the Arapaho National Recreation Area
and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public
Law 95-450) is amended--
(1) by striking ``seventy thousand acres'' and inserting
``74,195 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and dated
May 2007''.
(b) Arapaho National Recreation Area Boundary Adjustment.--Section
4(a) of the Indian Peaks Wilderness Area, the Arapaho National
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C.
460jj(a)) is amended--
(1) by striking ``thirty-six thousand two hundred thirty-five
acres'' and inserting ``35,235 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and dated
May 2007''.
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.
(a) In General.--Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-
2(k)) shall apply to the parcel of land described in subsection (b).
(b) Description of the Land.--The parcel of land referred to in
subsection (a) is the parcel of land known as the ``Leiffer tract''
that is--
(1) located near the eastern boundary of the Park in Larimer
County, Colorado; and
(2) administered by the National Park Service.
Subtitle O--Washington County, Utah
SEC. 1971. DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The term
``Beaver Dam Wash National Conservation Area Map'' means the map
entitled ``Beaver Dam Wash National Conservation Area'' and dated
December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan Mountain
Wilderness Map'' means the map entitled ``Canaan Mountain
Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County, Utah.
(4) Northeastern washington county wilderness map.--The term
``Northeastern Washington County Wilderness Map'' means the map
entitled ``Northeastern Washington County Wilderness'' and dated
November 12, 2008.
(5) Northwestern washington county wilderness map.--The term
``Northwestern Washington County Wilderness Map'' means the map
entitled ``Northwestern Washington County Wilderness'' and dated
June 21, 2008.
(6) Red cliffs national conservation area map.--The term ``Red
Cliffs National Conservation Area Map'' means the map entitled
``Red Cliffs National Conservation Area'' and dated November 12,
2008.
(7) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(8) State.--The term ``State'' means the State of Utah.
(9) Washington county growth and conservation act map.--The
term ``Washington County Growth and Conservation Act Map'' means
the map entitled ``Washington County Growth and Conservation Act
Map'' and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
(a) Additions to National Wilderness Preservation System.--
(1) Additions.--Subject to valid existing rights, the following
land in the State is designated as wilderness and as components of
the National Wilderness Preservation System:
(A) Beartrap canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 40 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Beartrap Canyon
Wilderness''.
(B) Blackridge.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 13,015 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Blackridge
Wilderness''.
(C) Canaan mountain.--Certain Federal land in the County
managed by the Bureau of Land Management, comprising
approximately 44,531 acres, as generally depicted on the Canaan
Mountain Wilderness Map, which shall be known as the ``Canaan
Mountain Wilderness''.
(D) Cottonwood canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 11,712
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the ``Cottonwood
Canyon Wilderness''.
(E) Cottonwood forest.--Certain Federal land managed by the
Forest Service, comprising approximately 2,643 acres, as
generally depicted on the Red Cliffs National Conservation Area
Map, which shall be known as the ``Cottonwood Forest
Wilderness''.
(F) Cougar canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 10,409
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the ``Cougar
Canyon Wilderness''.
(G) Deep creek.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 3,284 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Deep Creek
Wilderness''.
(H) Deep creek north.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 4,262
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``Deep Creek
North Wilderness''.
(I) Doc's pass.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 17,294 acres, as
generally depicted on the Northwestern Washington County
Wilderness Map, which shall be known as the ``Doc's Pass
Wilderness''.
(J) Goose creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 98 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Goose Creek
Wilderness''.
(K) Laverkin creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 445 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``LaVerkin Creek
Wilderness''.
(L) Red butte.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 1,537 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Red Butte
Wilderness''.
(M) Red mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 18,729
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the ``Red
Mountain Wilderness''.
(N) Slaughter creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 3,901
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the ``Slaughter
Creek Wilderness''.
(O) Taylor creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 32 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Taylor Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, 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 map and legal description of each wilderness area designated
by paragraph (1).
(B) Force and effect.--Each map and legal description
submitted under subparagraph (A) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) Administration of Wilderness Areas.--
(1) Management.--Subject to valid existing rights, each area
designated as wilderness by subsection (a)(1) shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(2) Livestock.--The grazing of livestock in each area
designated as wilderness by subsection (a)(1), where established
before the date of enactment of this Act, shall be permitted to
continue--
(A) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H.Rep. 101-405) and H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(3) Wildfire, insect, and disease management.--In accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may take such measures in each area designated as
wilderness by subsection (a)(1) as the Secretary determines to be
necessary for the control of fire, insects, and diseases
(including, as the Secretary determines to be appropriate, the
coordination of those activities with a State or local agency).
(4) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any area designated
as wilderness by subsection (a)(1).
(B) Activities outside wilderness.--The fact that an
activity or use on land outside any area designated as
wilderness by subsection (a)(1) can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(5) Military overflights.--Nothing in this section restricts or
precludes--
(A) low-level overflights of military aircraft over any
area designated as wilderness by subsection (a)(1), including
military overflights that can be seen or heard within any
wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over any wilderness area.
(6) Acquisition and incorporation of land and interests in
land.--
(A) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within the boundaries of the
wilderness areas designated by subsection (a)(1) by purchase
from willing sellers, donation, or exchange.
(B) Incorporation.--Any land or interest in land acquired
by the Secretary under subparagraph (A) shall be incorporated
into, and administered as a part of, the wilderness area in
which the land or interest in land is located.
(7) Native american cultural and religious uses.--Nothing in
this section diminishes--
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
(8) Climatological data collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms
and conditions as the Secretary may prescribe, the Secretary may
authorize the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices in the
wilderness areas designated by subsection (a)(1) if the Secretary
determines that the facilities and access to the facilities are
essential to flood warning, flood control, or water reservoir
operation activities.
(9) Water rights.--
(A) Statutory construction.--Nothing in this section--
(i) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by subsection (a)(1);
(ii) shall affect any water rights in the State
existing on the date of enactment of this Act, including
any water rights held by the United States;
(iii) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(iv) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(v) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts or
equitable apportionment decrees that apportion water among
and between the State and other States.
(B) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence
on the date of enactment of this Act with respect to the
wilderness areas designated by subsection (a)(1).
(10) Fish and wildlife.--
(A) Jurisdiction of state.--Nothing in this section affects
the jurisdiction of the State with respect to fish and wildlife
on public land located in the State.
(B) Authority of secretary.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may carry out management activities to maintain
or restore fish and wildlife populations (including activities
to maintain and restore fish and wildlife habitats to support
the populations) in any wilderness area designated by
subsection (a)(1) if the activities are--
(i) consistent with applicable wilderness management
plans; and
(ii) carried out in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(II) applicable guidelines and policies, including
applicable policies described in Appendix B of House
Report 101-405.
(11) Wildlife water development projects.--Subject to paragraph
(12), the Secretary may authorize structures and facilities,
including existing structures and facilities, for wildlife water
development projects, including guzzlers, in the wilderness areas
designated by subsection (a)(1) if--
(A) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations;
and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(12) Cooperative agreement.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall enter into a
cooperative agreement with the State that specifies the terms and
conditions under which wildlife management activities in the
wilderness areas designated by subsection (a)(1) may be carried
out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), the public land in the County administered by the
Bureau of Land Management has been adequately studied for
wilderness designation.
(2) Release.--Any public land described in paragraph (1) that
is not designated as wilderness by subsection (a)(1)--
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable law and
the land management plans adopted under section 202 of that Act
(43 U.S.C. 1712).
(d) Transfer of Administrative Jurisdiction to National Park
Service.--Administrative jurisdiction over the land identified as the
Watchman Wilderness on the Northeastern Washington County Wilderness
Map is hereby transferred to the National Park Service, to be included
in, and administered as part of Zion National Park.
SEC. 1973. ZION NATIONAL PARK WILDERNESS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County, Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under section
1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means the
Zion Wilderness designated by subsection (b)(1).
(3) Zion national park wilderness map.--The term ``Zion
National Park Wilderness Map'' means the map entitled ``Zion
National Park Wilderness'' and dated April 2008.
(b) Zion National Park Wilderness.--
(1) Designation.--Subject to valid existing rights, the Federal
land is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Zion
Wilderness''.
(2) Incorporation of acquired land.--Any land located in the
Zion National Park that is acquired by the Secretary through a
voluntary sale, exchange, or donation may, on the recommendation of
the Secretary, become part of the Wilderness Area, in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, 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 map and legal description of the Wilderness Area.
(B) Force and effect.--The map and legal description
submitted under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct any clerical or typographical errors in the map or
legal description.
(C) Availability.--The map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the National Park Service.
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural, educational,
and scientific resources of the National Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on the
list of threatened species or the list of endangered species
published under section 4(c)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)(1)).
(b) Definitions.--In this section:
(1) Habitat conservation plan.--The term ``habitat conservation
plan'' means the conservation plan entitled ``Washington County
Habitat Conservation Plan'' and dated February 23, 1996.
(2) Management plan.--The term ``management plan'' means the
management plan for the National Conservation Area developed by the
Secretary under subsection (d)(1).
(3) National conservation area.--The term ``National
Conservation Area'' means the Red Cliffs National Conservation Area
that--
(A) consists of approximately 44,725 acres of public land
in the County, as generally depicted on the Red Cliffs National
Conservation Area Map; and
(B) is established by subsection (c).
(4) Public use plan.--The term ``public use plan'' means the
use plan entitled ``Red Cliffs Desert Reserve Public Use Plan'' and
dated June 12, 2000, as amended.
(5) Resource management plan.--The term ``resource management
plan'' means the management plan entitled ``St. George Field Office
Resource Management Plan'' and dated March 15, 1999, as amended.
(c) Establishment.--Subject to valid existing rights, there is
established in the State the Red Cliffs National Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2), the
Secretary shall develop a comprehensive plan for the long-term
management of the National Conservation Area.
(2) Consultation.--In developing the management plan required
under paragraph (1), the Secretary shall consult with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Incorporation of plans.--In developing the management plan
required under paragraph (1), to the extent consistent with this
section, the Secretary may incorporate any provision of--
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the National
Conservation Area that the Secretary determines would further a
purpose described in subsection (a).
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to respond to
an emergency, the use of motorized vehicles in the National
Conservation Area shall be permitted only on roads designated by
the management plan for the use of motorized vehicles.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of enactment
of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and
practices as the Secretary considers necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal, State,
and local agencies, as appropriate, from conducting wildland fire
operations in the National Conservation Area, consistent with the
purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land or
interest in land that is located in the National Conservation Area that
is acquired by the United States shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all Federal
land located in the National Conservation Area are withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional land
that is located in the National Conservation Area after the date of
enactment of this Act, the land is withdrawn from operation of the
laws referred to in paragraph (1) on the date of acquisition of the
land.
(h) Effect.--Nothing in this section prohibits the authorization of
the development of utilities within the National Conservation Area if
the development is carried out in accordance with--
(1) each utility development protocol described in the habitat
conservation plan; and
(2) any other applicable law (including regulations).
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.
(a) Purpose.--The purpose of this section is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the ecological, scenic, wildlife, recreational, cultural,
historical, natural, educational, and scientific resources of the
Beaver Dam Wash National Conservation Area.
(b) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means the
management plan for the National Conservation Area developed by the
Secretary under subsection (d)(1).
(2) National conservation area.--The term ``National
Conservation Area'' means the Beaver Dam Wash National Conservation
Area that--
(A) consists of approximately 68,083 acres of public land
in the County, as generally depicted on the Beaver Dam Wash
National Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment.--Subject to valid existing rights, there is
established in the State the Beaver Dam Wash National Conservation
Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2), the
Secretary shall develop a comprehensive plan for the long-term
management of the National Conservation Area.
(2) Consultation.--In developing the management plan required
under paragraph (1), the Secretary shall consult with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate the
restrictions on motorized vehicles described in subsection (e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the National
Conservation Area that the Secretary determines would further the
purpose described in subsection (a).
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to respond
to an emergency, the use of motorized vehicles in the National
Conservation Area shall be permitted only on roads designated
by the management plan for the use of motorized vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition to the
requirement described in subparagraph (A), with respect to the
areas designated on the Beaver Dam Wash National Conservation
Area Map as ``Designated Road Areas'', motorized vehicles shall
be permitted only on the roads identified on such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of enactment
of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and
practices as the Secretary considers necessary; and
(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal, State,
and local agencies, as appropriate, from conducting wildland fire
operations in the National Conservation Area, consistent with the
purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land or
interest in land that is located in the National Conservation Area that
is acquired by the United States shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all Federal
land located in the National Conservation Area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional land
that is located in the National Conservation Area after the date of
enactment of this Act, the land is withdrawn from operation of the
laws referred to in paragraph (1) on the date of acquisition of the
land.
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as amended by section 1852) is amended by adding
at the end the following:
``(204) Zion national park, utah.--The approximately 165.5
miles of segments of the Virgin River and tributaries of the Virgin
River across Federal land within and adjacent to Zion National
Park, as generally depicted on the map entitled `Wild and Scenic
River Segments Zion National Park and Bureau of Land Management'
and dated April 2008, to be administered by the Secretary of the
Interior in the following classifications:
``(A) Taylor creek.--The 4.5-mile segment from the junction
of the north, middle, and south forks of Taylor Creek, west to
the park boundary and adjacent land rim-to-rim, as a scenic
river.
``(B) North fork of taylor creek.--The segment from the
head of North Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(C) Middle fork of taylor creek.--The segment from the
head of Middle Fork on Bureau of Land Management land to the
junction with Taylor Creek and adjacent land rim-to-rim, as a
wild river.
``(D) South fork of taylor creek.--The segment from the
head of South Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(E) Timber creek and tributaries.--The 3.1-mile segment
from the head of Timber Creek and tributaries of Timber Creek
to the junction with LaVerkin Creek and adjacent land rim-to-
rim, as a wild river.
``(F) Laverkin creek.--The 16.1-mile segment beginning in
T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management land,
southwest through Zion National Park, and ending at the south
end of T. 40 S., R. 12 W., sec. 7, and adjacent land \1/2\-mile
wide, as a wild river.
``(G) Willis creek.--The 1.9-mile segment beginning on
Bureau of Land Management land in the SWSW sec. 27, T. 38 S.,
R. 11 W., to the junction with LaVerkin Creek in Zion National
Park and adjacent land rim-to-rim, as a wild river.
``(H) Beartrap canyon.--The 2.3-mile segment beginning on
Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11
W., to the junction with LaVerkin Creek and the segment from
the headwaters north of Long Point to the junction with
LaVerkin Creek and adjacent land rim-to-rim, as a wild river.
``(I) Hop valley creek.--The 3.3-mile segment beginning at
the southern boundary of T. 39 S., R. 11 W., sec. 20, to the
junction with LaVerkin Creek and adjacent land \1/2\-mile wide,
as a wild river.
``(J) Current creek.--The 1.4-mile segment from the head of
Current Creek to the junction with LaVerkin Creek and adjacent
land rim-to-rim, as a wild river.
``(K) Cane creek.--The 0.6-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(L) Smith creek.--The 1.3-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(M) North creek left and right forks.--The segment of the
Left Fork from the junction with Wildcat Canyon to the junction
with Right Fork, from the head of Right Fork to the junction
with Left Fork, and from the junction of the Left and Right
Forks southwest to Zion National Park boundary and adjacent
land rim-to-rim, as a wild river.
``(N) Wildcat canyon (blue creek).--The segment of Blue
Creek from the Zion National Park boundary to the junction with
the Right Fork of North Creek and adjacent land rim-to-rim, as
a wild river.
``(O) Little creek.--The segment beginning at the head of
Little Creek to the junction with the Left Fork of North Creek
and adjacent land \1/2\-mile wide, as a wild river.
``(P) Russell gulch.--The segment from the head of Russell
Gulch to the junction with the Left Fork of North Creek and
adjacent land rim-to-rim, as a wild river.
``(Q) Grapevine wash.--The 2.6-mile segment from the Lower
Kolob Plateau to the junction with the Left Fork of North Creek
and adjacent land rim-to-rim, as a scenic river.
``(R) Pine spring wash.--The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent land
\1/2\-mile, as a scenic river.
``(S) Wolf springs wash.--The 1.4-mile segment from the
head of Wolf Springs Wash to the junction with Pine Spring Wash
and adjacent land \1/2\-mile wide, as a scenic river.
``(T) Kolob creek.--The 5.9-mile segment of Kolob Creek
beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of
Land Management land and Zion National Park land to the
junction with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(U) Oak creek.--The 1-mile stretch of Oak Creek beginning
in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob
Creek and adjacent land rim-to-rim, as a wild river.
``(V) Goose creek.--The 4.6-mile segment of Goose Creek
from the head of Goose Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(W) Deep creek.--The 5.3-mile segment of Deep Creek
beginning on Bureau of Land Management land at the northern
boundary of T. 39 S., R. 10 W., sec. 23, south to the junction
of the North Fork of the Virgin River and adjacent land rim-to-
rim, as a wild river.
``(X) North fork of the virgin river.--The 10.8-mile
segment of the North Fork of the Virgin River beginning on
Bureau of Land Management land at the eastern border of T. 39
S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent land
rim-to-rim, as a wild river.
``(Y) North fork of the virgin river.--The 8-mile segment
of the North Fork of the Virgin River from Temple of Sinawava
south to the Zion National Park boundary and adjacent land \1/
2\-mile wide, as a recreational river.
``(Z) Imlay canyon.--The segment from the head of Imlay
Creek to the junction with the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(AA) Orderville canyon.--The segment from the eastern
boundary of Zion National Park to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(BB) Mystery canyon.--The segment from the head of
Mystery Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(CC) Echo canyon.--The segment from the eastern boundary
of Zion National Park to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild river.
``(DD) Behunin canyon.--The segment from the head of
Behunin Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(EE) Heaps canyon.--The segment from the head of Heaps
Canyon to the junction with the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(FF) Birch creek.--The segment from the head of Birch
Creek to the junction with the North Fork of the Virgin River
and adjacent land \1/2\-mile wide, as a wild river.
``(GG) Oak creek.--The segment of Oak Creek from the head
of Oak Creek to where the forks join and adjacent land \1/2\-
mile wide, as a wild river.
``(HH) Oak creek.--The 1-mile segment of Oak Creek from the
point at which the 2 forks of Oak Creek join to the junction
with the North Fork of the Virgin River and adjacent land \1/
2\-mile wide, as a recreational river.
``(II) Clear creek.--The 6.4-mile segment of Clear Creek
from the eastern boundary of Zion National Park to the junction
with Pine Creek and adjacent land rim-to-rim, as a recreational
river.
``(JJ) Pine creek .--The 2-mile segment of Pine Creek from
the head of Pine Creek to the junction with Clear Creek and
adjacent land rim-to-rim, as a wild river.
``(KK) Pine creek.--The 3-mile segment of Pine Creek from
the junction with Clear Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
recreational river.
``(LL) East fork of the virgin river.--The 8-mile segment
of the East Fork of the Virgin River from the eastern boundary
of Zion National Park through Parunuweap Canyon to the western
boundary of Zion National Park and adjacent land \1/2\-mile
wide, as a wild river.
``(MM) Shunes creek.--The 3-mile segment of Shunes Creek
from the dry waterfall on land administered by the Bureau of
Land Management through Zion National Park to the western
boundary of Zion National Park and adjacent land \1/2\-mile
wide as a wild river.''.
(b) Incorporation of Acquired Non-Federal Land.--If the United
States acquires any non-Federal land within or adjacent to Zion
National Park that includes a river segment that is contiguous to a
river segment of the Virgin River designated as a wild, scenic, or
recreational river by paragraph (204) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the
acquired river segment shall be incorporated in, and be administered as
part of, the applicable wild, scenic, or recreational river.
(c) Savings Clause.--The amendment made by subsection (a) does not
affect the agreement among the United States, the State, the Washington
County Water Conservancy District, and the Kane County Water
Conservancy District entitled ``Zion National Park Water Rights
Settlement Agreement'' and dated December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND TRANSPORTATION
MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
(4) Travel management plan.--The term ``travel management
plan'' means the comprehensive travel and transportation management
plan developed under subsection (b)(1).
(b) Comprehensive Travel and Transportation Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable laws (including regulations), the Secretary, in
consultation with appropriate Federal agencies and State, tribal,
and local governmental entities, and after an opportunity for
public comment, shall develop a comprehensive travel management
plan for the land managed by the Bureau of Land Management in the
County--
(A) to provide to the public a clearly marked network of
roads and trails with signs and maps to promote--
(i) public safety and awareness; and
(ii) enhanced recreation and general access
opportunities;
(B) to help reduce in the County growing conflicts arising
from interactions between--
(i) motorized recreation; and
(ii) the important resource values of public land;
(C) to promote citizen-based opportunities for--
(i) the monitoring and stewardship of the trail; and
(ii) trail system management; and
(D) to support law enforcement officials in promoting--
(i) compliance with off-highway vehicle laws (including
regulations); and
(ii) effective deterrents of abuses of public land.
(2) Scope; contents.--In developing the travel management plan,
the Secretary shall--
(A) in consultation with appropriate Federal agencies,
State, tribal, and local governmental entities (including the
County and St. George City, Utah), and the public, identify 1
or more alternatives for a northern transportation route in the
County;
(B) ensure that the travel management plan contains a map
that depicts the trail; and
(C) designate a system of areas, roads, and trails for
mechanical and motorized use.
(c) Designation of Trail.--
(1) Designation.--
(A) In general.--As a component of the travel management
plan, and in accordance with subparagraph (B), the Secretary,
in coordination with the Secretary of Agriculture, and after an
opportunity for public comment, shall designate a trail (which
may include a system of trails)--
(i) for use by off-highway vehicles; and
(ii) to be known as the ``High Desert Off-Highway
Vehicle Trail''.
(B) Requirements.--In designating the trail, the Secretary
shall only include trails that are--
(i) as of the date of enactment of this Act, authorized
for use by off-highway vehicles; and
(ii) located on land that is managed by the Bureau of
Land Management in the County.
(C) National forest land.--The Secretary of Agriculture, in
coordination with the Secretary and in accordance with
applicable law, may designate a portion of the trail on
National Forest System land within the County.
(D) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) Management.--
(A) In general.--The Secretary concerned shall manage the
trail--
(i) in accordance with applicable laws (including
regulations);
(ii) to ensure the safety of citizens who use the
trail; and
(iii) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(B) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary concerned shall--
(i) annually assess the effects of the use of off-
highway vehicles on--
(I) the trail; and
(II) land located in proximity to the trail; and
(ii) in consultation with the Utah Department of
Natural Resources, annually assess the effects of the use
of the trail on wildlife and wildlife habitat.
(C) Closure.--The Secretary concerned, in consultation with
the State and the County, and subject to subparagraph (D), may
temporarily close or permanently reroute a portion of the trail
if the Secretary concerned determines that--
(i) the trail is having an adverse impact on--
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary--
(I) to repair damage to the trail; or
(II) to repair resource damage.
(D) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary concerned under
subparagraph (C) may be permanently rerouted along any road or
trail--
(i) that is--
(I) in existence as of the date of the closure of
the portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines that
rerouting the portion of the trail would not significantly
increase or decrease the length of the trail.
(E) Notice of available routes.--The Secretary, in
coordination with the Secretary of Agriculture, shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(i) the placement of appropriate signage along the
trail; and
(ii) the distribution of maps, safety education
materials, and other information that the Secretary
concerned determines to be appropriate.
(3) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the Secretary of
the Interior may sell public land located within Washington County,
Utah, that, as of July 25, 2000, has been identified for disposal in
appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a portion of the
proceeds of a land sale to be distributed to any trust fund of the
State), proceeds from the sale of public land under subsection (a)
shall be deposited in a separate account in the Treasury to be
known as the ``Washington County, Utah Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
from willing sellers lands or interests in land within the
wilderness areas and National Conservation Areas established by
this subtitle.
(B) Applicability.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) In General.--In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior shall--
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) Grants; Cooperative Agreements.--In carrying out subsection
(a), the Secretary of the Interior may make grants to, or enter into
cooperative agreements with, State, tribal, and local governmental
entities and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the
restoration or conservation of the areas.
SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) In General.--Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712, 1713), upon the request of the appropriate
local governmental entity, as described below, the Secretary shall
convey the following parcels of public land without consideration,
subject to the provisions of this section:
(1) Temple quarry.--The approximately 122-acre parcel known as
``Temple Quarry'' as generally depicted on the Washington County
Growth and Conservation Act Map as ``Parcel B'', to the City of St.
George, Utah, for open space and public recreation purposes.
(2) Hurricane city sports park.--The approximately 41-acre
parcel as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel C'', to the City of Hurricane,
Utah, for public recreation purposes and public administrative
offices.
(3) Washington county school district.--The approximately 70-
acre parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel D'', to the Washington County
Public School District for use for public school and related
educational and administrative purposes.
(4) Washington county jail.--The approximately 80-acre parcel
as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel E'', to Washington County, Utah,
for expansion of the Purgatory Correctional Facility.
(5) Hurricane equestrian park.--The approximately 40-acre
parcel as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel F'', to the City of Hurricane,
Utah, for use as a public equestrian park.
(b) Map and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary shall finalize legal
descriptions of the parcels to be conveyed under this section. The
Secretary may correct any minor errors in the map referenced in
subsection (a) or in the applicable legal descriptions. The map and
legal descriptions shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
(c) Reversion.--
(1) In general.--If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel was
conveyed, as described in subsection (a), the land shall, at the
discretion of the Secretary based on his determination of the best
interests of the United States, revert to the United States.
(2) Responsibility of local governmental entity.--If the
Secretary determines pursuant to paragraph (1) that the land should
revert to the United States, and if the Secretary determines that
the land is contaminated with hazardous waste, the local
governmental entity to which the land was conveyed shall be
responsible for remediation of the contamination.
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal land''
means the approximately 66.07 acres of land in the Dixie National
Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means Kirk R. Harrison,
who owns land in Pinto Valley, Utah.
(3) Map.--The term ``map'' means the map entitled ``Conveyance
of Dixie National Forest Land'' and dated December 18, 2008.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Conveyance.--
(1) In general.--The Secretary may convey to the landowner all
right, title, and interest of the United States in and to any of
the covered Federal land (including any improvements or
appurtenances to the covered Federal land) by sale or exchange.
(2) Legal description.--The exact acreage and legal description
of the covered Federal land to be conveyed under paragraph (1)
shall be determined by surveys satisfactory to the Secretary.
(3) Consideration.--
(A) In general.--As consideration for any conveyance by
sale under paragraph (1), the landowner shall pay to the
Secretary an amount equal to the fair market value of any
Federal land conveyed, as determined under subparagraph (B).
(B) Appraisal.--The fair market value of any Federal land
that is conveyed under paragraph (1) shall be determined by an
appraisal acceptable to the Secretary that is performed in
accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(iii) any other applicable law (including regulations).
(4) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary shall deposit
the proceeds of any sale of land under paragraph (1) in the
fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of real
property or interests in real property for inclusion in the
Dixie National Forest in the State.
(5) Additional terms and conditions.--The Secretary may require
any additional terms and conditions for any conveyance under
paragraph (1) that the Secretary determines to be appropriate to
protect the interests of the United States.
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF PAIUTE
INDIANS.
(a) Definitions.--In this section:
(1) Parcel a.--The term ``Parcel A'' means the parcel that
consists of approximately 640 acres of land that is--
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ``Washington County Growth
and Conservation Act Map''.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of
Paiute Indians of the State of Utah.
(b) Parcel To Be Held in Trust.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) Survey; legal description.--
(A) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the
Director of the Bureau of Land Management, shall complete a
survey of Parcel A to establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) In general.--Upon the completion of the survey
under subparagraph (A), the Secretary shall publish in the
Federal Register a legal description of--
(I) the boundary line of Parcel A; and
(II) Parcel A.
(ii) Technical corrections.--Before the date of
publication of the legal descriptions under clause (i), the
Secretary may make minor corrections to correct technical
and clerical errors in the legal descriptions.
(iii) Effect.--Effective beginning on the date of
publication of the legal descriptions under clause (i), the
legal descriptions shall be considered to be the official
legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date of
enactment of this Act;
(B) enlarges, impairs, or otherwise affects any right or
claim of the Tribe to any land or interest in land other than
to Parcel A that is--
(i) based on an aboriginal or Indian title; and
(ii) in existence as of the date of enactment of this
Act; or
(C) constitutes an express or implied reservation of water
or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken into
trust pursuant to this section shall be considered to be part of
the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
SEC. 2001. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) System.--The term ``system'' means the National Landscape
Conservation System established by section 2002(a).
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and restore
nationally significant landscapes that have outstanding cultural,
ecological, and scientific values for the benefit of current and future
generations, there is established in the Bureau of Land Management the
National Landscape Conservation System.
(b) Components.--The system shall include each of the following
areas administered by the Bureau of Land Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic trail
designated as a component of the National Trails System;
(E) a component of the National Wild and Scenic Rivers
System; or
(F) a component of the National Wilderness Preservation
System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert Conservation
Area administered by the Bureau of Land Management for
conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included under
subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) Effect.--
(1) In general.--Nothing in this subtitle enhances, diminishes,
or modifies any law or proclamation (including regulations relating
to the law or proclamation) under which the components of the
system described in subsection (b) were established or are managed,
including--
(A) the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(D) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or regulations,
including the regulation of hunting, fishing, trapping and
recreational shooting on public land managed by the Bureau of Land
Management. Nothing in this subtitle shall be construed as limiting
access for hunting, fishing, trapping, or recreational shooting.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle B--Prehistoric Trackways National Monument
SEC. 2101. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo Mountains in
southern New Mexico;
(2) the trackways contain footprints of numerous amphibians,
reptiles, and insects (including previously unknown species),
plants, and petrified wood dating back approximately 280,000,000
years, which collectively provide new opportunities to understand
animal behaviors and environments from a time predating the
dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at which the
trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the significance of the
site; and
(ii) based on the study, provide recommendations for
protection of the paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which characterized the
site as containing ``the most scientifically significant Early
Permian tracksites'' in the world;
(5) despite the conclusion of the study and the recommendations
for protection, the site remains unprotected and many irreplaceable
trackways specimens have been lost to vandalism or theft; and
(6) designation of the trackways site as a National Monument
would protect the unique fossil resources for present and future
generations while allowing for public education and continued
scientific research opportunities.
SEC. 2102. DEFINITIONS.
In this subtitle:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 2103(a).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 2103. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and enhance the
unique and nationally important paleontological, scientific,
educational, scenic, and recreational resources and values of the
public land described in subsection (b), there is established the
Prehistoric Trackways National Monument in the State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,280 acres of public land in Dona Ana County, New
Mexico, as generally depicted on the map entitled ``Prehistoric
Trackways National Monument'' and dated December 17, 2008.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit to
Congress an official map and legal description of the Monument.
(2) Corrections.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any
clerical or typographical errors in the legal description and the
map.
(3) Conflict between map and legal description.--In the case of
a conflict between the map and the legal description, the map shall
control.
(4) Availability of map and legal description.--Copies of the
map and legal description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Minor Boundary Adjustments.--If additional paleontological
resources are discovered on public land adjacent to the Monument after
the date of enactment of this Act, the Secretary may make minor
boundary adjustments to the Monument to include the resources in the
Monument.
SEC. 2104. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Monument, including the resources
and values described in section 2103(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument shall
be managed as a component of the National Landscape Conservation
System.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a comprehensive
management plan for the long-term protection and management of the
Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
(i) describe the appropriate uses and management of the
Monument, consistent with the provisions of this subtitle;
and
(ii) allow for continued scientific research at the
Monument during the development of the management plan; and
(B) may--
(i) incorporate any appropriate decisions contained in
any current management or activity plan for the land
described in section 2103(b); and
(ii) use information developed in studies of any land
within or adjacent to the Monument that were conducted
before the date of enactment of this Act.
(c) Authorized Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the purposes for
which the Monument has been established.
(d) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on, the
paleontological resources of the Monument, with priority given to
exhibiting and curating the resources in Dona Ana County, New
Mexico.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to carry
out paragraph (1).
(e) Special Management Areas.--
(1) In general.--The establishment of the Monument shall not
change the management status of any area within the boundary of the
Monument that is--
(A) designated as a wilderness study area and managed in
accordance with section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); or
(B) managed as an area of critical environment concern.
(2) Conflict of laws.--If there is a conflict between the laws
applicable to the areas described in paragraph (1) and this
subtitle, the more restrictive provision shall control.
(f) Motorized Vehicles.--
(1) In general.--Except as needed for administrative purposes
or to respond to an emergency, the use of motorized vehicles in the
Monument shall be allowed only on roads and trails designated for
use by motorized vehicles under the management plan prepared under
subsection (b).
(2) Permitted events.--The Secretary may issue permits for
special recreation events involving motorized vehicles within the
boundaries of the Monument--
(A) to the extent the events do not harm paleontological
resources; and
(B) subject to any terms and conditions that the Secretary
determines to be necessary.
(g) Withdrawals.--Subject to valid existing rights, any Federal
land within the Monument and any land or interest in land that is
acquired by the United States for inclusion in the Monument after the
date of enactment of this Act are withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal leasing
laws, and minerals materials laws.
(h) Grazing.--The Secretary may allow grazing to continue in any
area of the Monument in which grazing is allowed before the date of
enactment of this Act, subject to applicable laws (including
regulations).
(i) Water Rights.--Nothing in this subtitle constitutes an express
or implied reservation by the United States of any water or water
rights with respect to the Monument.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
SEC. 2201. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Fort Stanton-Snowy River Cave National Conservation Area
established by section 2202(a).
(2) Management plan.--The term ``management plan'' means the
management plan developed for the Conservation Area under section
2203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE NATIONAL
CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort
Stanton-Snowy River Cave National Conservation Area in Lincoln County,
New Mexico, to protect, conserve, and enhance the unique and nationally
important historic, cultural, scientific, archaeological, natural, and
educational subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the area
within the boundaries depicted on the map entitled ``Fort Stanton-Snowy
River Cave National Conservation Area'' and dated December 15, 2008.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a map
and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the Conservation
Area shall have the same force and effect as if included in this
subtitle, except that the Secretary may correct any minor errors in
the map and legal description.
(3) Public availability.--The map and legal description of the
Conservation Area shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area, including the
resources and values described in section 2202(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of the
cave resources.
(3) Requirements.--In administering the Conservation Area, the
Secretary shall provide for--
(A) the conservation and protection of the natural and
unique features and environs for scientific, educational, and
other appropriate public uses of the Conservation Area;
(B) public access, as appropriate, while providing for the
protection of the cave resources and for public safety;
(C) the continuation of other existing uses or other new
uses of the Conservation Area that do not impair the purposes
for which the Conservation Area is established;
(D) management of the surface area of the Conservation Area
in accordance with the Fort Stanton Area of Critical
Environmental Concern Final Activity Plan dated March, 2001, or
any amendments to the plan, consistent with this subtitle; and
(E) scientific investigation and research opportunities
within the Conservation Area, including through partnerships
with colleges, universities, schools, scientific institutions,
researchers, and scientists to conduct research and provide
educational and interpretive services within the Conservation
Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the land that are acquired by the United States after
the date of enactment of this Act for inclusion in the Conservation
Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal leasing
laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a comprehensive
plan for the long-term management of the Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area;
(B) incorporate, as appropriate, decisions contained in any
other management or activity plan for the land within or
adjacent to the Conservation Area;
(C) take into consideration any information developed in
studies of the land and resources within or adjacent to the
Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical involvement of
the local community in the interpretation and protection of the
resources of the Conservation Area.
(d) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational resources
of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this subtitle, enter into cooperative agreements
with the State of New Mexico and other institutions and
organizations to carry out the purposes of this subtitle.
(e) Water Rights.--Nothing in this subtitle constitutes an express
or implied reservation of any water right.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle D--Snake River Birds of Prey National Conservation Area
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA.
(a) Renaming.--Public Law 103-64 is amended--
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''; and
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Snake River Birds of
Prey National Conservation Area shall be deemed to be a reference to
the Morley Nelson Snake River Birds of Prey National Conservation Area.
(c) Technical Corrections.--Public Law 103-64 is further amended--
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by striking
``(hereafter referred to as the `conservation area')''; and
(2) in section 4 (16 U.S.C. 460iii-3)--
(A) in subsection (a)(2), by striking ``Conservation Area''
and inserting ``conservation area''; and
(B) in subsection (d), by striking ``Visitors Center'' and
inserting ``visitors center''.
Subtitle E--Dominguez-Escalante National Conservation Area
SEC. 2401. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Dominguez-Escalante National Conservation Area established by
section 2402(a)(1).
(2) Council.--The term ``Council'' means the Dominguez-
Escalante National Conservation Area Advisory Council established
under section 2407.
(3) Management plan.--The term ``management plan'' means the
management plan developed under section 2406.
(4) Map.--The term ``Map'' means the map entitled ``Dominguez-
Escalante National Conservation Area'' and dated September 15,
2008.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(7) Wilderness.--The term ``Wilderness'' means the Dominguez
Canyon Wilderness Area designated by section 2403(a).
SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Dominguez-Escalante
National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 209,610 acres of public land, as generally depicted
on the Map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve and protect for the benefit and enjoyment of present and
future generations--
(1) the unique and important resources and values of the land,
including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources
of the public land; and
(2) the water resources of area streams, based on seasonally
available flows, that are necessary to support aquatic, riparian,
and terrestrial species and communities.
(c) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) as a component of the National Landscape Conservation
System;
(B) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area described in
subsection (b); and
(C) in accordance with--
(i) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Conservation Area as the Secretary determines would
further the purposes for which the Conservation Area is
established.
(B) Use of motorized vehicles.--
(i) In general.--Except as provided in clauses (ii) and
(iii), use of motorized vehicles in the Conservation Area
shall be allowed--
(I) before the effective date of the management
plan, only on roads and trails designated for use of
motor vehicles in the management plan that applies on
the date of the enactment of this Act to the public
land in the Conservation Area; and
(II) after the effective date of the management
plan, only on roads and trails designated in the
management plan for the use of motor vehicles.
(ii) Administrative and emergency response use.--Clause
(i) shall not limit the use of motor vehicles in the
Conservation Area for administrative purposes or to respond
to an emergency.
(iii) Limitation.--This subparagraph shall not apply to
the Wilderness.
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 66,280 acres of public land in Mesa,
Montrose, and Delta Counties, Colorado, as generally depicted on the
Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Dominguez Canyon
Wilderness Area''.
(b) Administration of Wilderness.--The Wilderness shall be managed
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this subtitle, except that--
(1) any reference in the Wilderness Act to the effective date
of that Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the Secretary
of the Interior.
SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
the Conservation Area and the Wilderness with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The Map and legal descriptions filed under
subsection (a) shall have the same force and effect as if included in
this subtitle, except that the Secretary may correct clerical and
typographical errors in the Map and legal descriptions.
(c) Public Availability.--The Map and legal descriptions filed
under subsection (a) shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.
(a) Withdrawal.--Subject to valid existing rights, all Federal land
within the Conservation Area and the Wilderness and all land and
interests in land acquired by the United States within the Conservation
Area or the Wilderness is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(b) Grazing.--
(1) Grazing in conservation area.--Except as provided in
paragraph (2), the Secretary shall issue and administer any grazing
leases or permits in the Conservation Area in accordance with the
laws (including regulations) applicable to the issuance and
administration of such leases and permits on other land under the
jurisdiction of the Bureau of Land Management.
(2) Grazing in wilderness.--The grazing of livestock in the
Wilderness, if established as of the date of enactment of this Act,
shall be permitted to continue--
(A) subject to any reasonable regulations, policies, and
practices that the Secretary determines to be necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(c) No Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a protective
perimeter or buffer zone around the Conservation Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be seen
or heard within the Conservation Area shall not preclude the
activity or use outside the boundary of the Conservation Area.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the Conservation Area or the Wilderness
only through exchange, donation, or purchase from a willing seller.
(2) Management.--Land acquired under paragraph (1) shall--
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and any
other applicable laws.
(e) Fire, Insects, and Diseases.--Subject to such terms and
conditions as the Secretary determines to be desirable and appropriate,
the Secretary may undertake such measures as are necessary to control
fire, insects, and diseases--
(1) in the Wilderness, in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)); and
(2) except as provided in paragraph (1), in the Conservation
Area in accordance with this subtitle and any other applicable
laws.
(f) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the Conservation Area.
(g) Invasive Species and Noxious Weeds.--In accordance with any
applicable laws and subject to such terms and conditions as the
Secretary determines to be desirable and appropriate, the Secretary may
prescribe measures to control nonnative invasive plants and noxious
weeds within the Conservation Area.
(h) Water Rights.--
(1) Effect.--Nothing in this subtitle--
(A) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(C) affects any interstate water compact in existence on
the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal water
rights; or
(E) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of this
Act.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any water
rights within the Wilderness required to fulfill the purposes
of the Wilderness are secured in accordance with subparagraphs
(B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights within
the Wilderness for which the Secretary pursues adjudication
shall be adjudicated, changed, and administered in
accordance with the procedural requirements and priority
system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided in subclause
(II), the purposes and other substantive
characteristics of the water rights pursued under this
paragraph shall be established in accordance with State
law.
(II) Exception.--Notwithstanding subclause (I) and
in accordance with this subtitle, the Secretary may
appropriate and seek adjudication of water rights to
maintain surface water levels and stream flows on and
across the Wilderness to fulfill the purposes of the
Wilderness.
(C) Deadline.--The Secretary shall promptly, but not
earlier than January 2009, appropriate the water rights
required to fulfill the purposes of the Wilderness.
(D) Required determination.--The Secretary shall not pursue
adjudication for any instream flow water rights unless the
Secretary makes a determination pursuant to subparagraph
(E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if--
(I) the Secretary determines, upon adjudication of
the water rights by the Colorado Water Conservation
Board, that the Board holds water rights sufficient in
priority, amount, and timing to fulfill the purposes of
the Wilderness; and
(II) the Secretary has entered into a perpetual
agreement with the Colorado Water Conservation Board to
ensure the full exercise, protection, and enforcement
of the State water rights within the Wilderness to
reliably fulfill the purposes of the Wilderness.
(ii) Adjudication.--If the Secretary determines that
the provisions of clause (i) have not been met, the
Secretary shall adjudicate and exercise any Federal water
rights required to fulfill the purposes of the Wilderness
in accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado Water
Conservation Board modifies the instream flow water rights
obtained under subparagraph (E) to such a degree that the
Secretary determines that water rights held by the State are
insufficient to fulfill the purposes of the Wilderness, the
Secretary shall adjudicate and exercise Federal water rights
required to fulfill the purposes of the Wilderness in
accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly act to
exercise and enforce the water rights described in subparagraph
(E) if the Secretary determines that--
(i) the State is not exercising its water rights
consistent with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II)
is not fulfilled or complied with sufficiently to fulfill
the purposes of the Wilderness.
(3) Water resource facility.--
(A) In general.--Notwithstanding any other provision of law
and subject to subparagraph (B), beginning on the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, transmission, other
ancillary facility, or other water, diversion, storage, or
carriage structure in the Wilderness.
(B) Exception.--Notwithstanding subparagraph (A), the
Secretary may allow construction of new livestock watering
facilities within the Wilderness in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(4) Conservation area water rights.--With respect to water
within the Conservation Area, nothing in this subtitle--
(A) authorizes any Federal agency to appropriate or
otherwise acquire any water right on the mainstem of the
Gunnison River; or
(B) prevents the State from appropriating or acquiring, or
requires the State to appropriate or acquire, an instream flow
water right on the mainstem of the Gunnison River.
(5) Wilderness boundaries along gunnison river.--
(A) In general.--In areas in which the Gunnison River is
used as a reference for defining the boundary of the
Wilderness, the boundary shall--
(i) be located at the edge of the river; and
(ii) change according to the river level.
(B) Exclusion from wilderness.--Regardless of the level of
the Gunnison River, no portion of the Gunnison River is
included in the Wilderness.
(i) Effect.--Nothing in this subtitle--
(1) diminishes the jurisdiction of the State with respect to
fish and wildlife in the State; or
(2) imposes any Federal water quality standard upstream of the
Conservation Area or within the mainstem of the Gunnison River that
is more restrictive than would be applicable had the Conservation
Area not been established.
(j) Valid Existing Rights.--The designation of the Conservation
Area and Wilderness is subject to valid rights in existence on the date
of enactment of this Act.
SEC. 2406. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall develop a comprehensive management
plan for the long-term protection and management of the Conservation
Area.
(b) Purposes.--The management plan shall--
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
(4) include a comprehensive travel management plan.
SEC. 2407. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Dominguez-Escalante National Conservation
Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with respect to
the preparation and implementation of the management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be appointed
by the Secretary, of whom, to the extent practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
(2) 1 member shall be appointed after considering the
recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the
recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the
recommendations of the permittees holding grazing allotments within
the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable proximity
to, Mesa County, Delta County, or Montrose County, Colorado, with
backgrounds that reflect--
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are affected by
the planning and management of the Conservation Area and
Wilderness.
(e) Representation.--The Secretary shall ensure that the membership
of the Council is fairly balanced in terms of the points of view
represented and the functions to be performed by the Council.
(f) Duration.--The Council shall terminate on the date that is 1
year from the date on which the management plan is adopted by the
Secretary.
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle F--Rio Puerco Watershed Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee.--Section 401(b) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
Stat. 4147) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (I) through (N) as
subparagraphs (J) through (O), respectively; and
(B) by inserting after subparagraph (H) the following:
``(I) the Environmental Protection Agency;''; and
(2) in paragraph (4), by striking ``enactment of this Act'' and
inserting ``enactment of the Omnibus Public Land Management Act of
2009''.
(b) Authorization of Appropriations.--Section 401(e) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
Stat. 4148) is amended by striking ``enactment of this Act'' and
inserting ``enactment of the Omnibus Public Land Management Act of
2009''.
Subtitle G--Land Conveyances and Exchanges
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means Carson City Consolidated
Municipality, Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Carson
City, Nevada Area'', dated November 7, 2008, and on file and
available for public inspection in the appropriate offices of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest System, the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) with respect to other Federal land, the Secretary of
the Interior.
(4) Secretaries.--The term ``Secretaries'' means the Secretary
of Agriculture and the Secretary of the Interior, acting jointly.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of Nevada
and California, which is a federally recognized Indian tribe.
(b) Conveyances of Federal Land and City Land.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the
City offers to convey to the United States title to the non-Federal
land described in paragraph (2)(A) that is acceptable to the
Secretary of Agriculture--
(A) the Secretary shall accept the offer; and
(B) not later than 180 days after the date on which the
Secretary receives acceptable title to the non-Federal land
described in paragraph (2)(A), the Secretaries shall convey to
the City, subject to valid existing rights and for no
consideration, except as provided in paragraph (3)(A), all
right, title, and interest of the United States in and to the
Federal land (other than any easement reserved under paragraph
(3)(B)) or interest in land described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 2,264 acres of land
administered by the City and identified on the Map as ``To U.S.
Forest Service''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is--
(i) the approximately 935 acres of Forest Service land
identified on the Map as ``To Carson City for Natural
Areas'';
(ii) the approximately 3,604 acres of Bureau of Land
Management land identified on the Map as ``Silver Saddle
Ranch and Carson River Area'';
(iii) the approximately 1,848 acres of Bureau of Land
Management land identified on the Map as ``To Carson City
for Parks and Public Purposes''; and
(iv) the approximately 75 acres of City land in which
the Bureau of Land Management has a reversionary interest
that is identified on the Map as ``Reversionary Interest of
the United States Released''.
(3) Conditions.--
(A) Consideration.--Before the conveyance of the 62-acre
Bernhard parcel to the City, the City shall deposit in the
special account established by subsection (e)(2)(A) an amount
equal to 25 percent of the difference between--
(i) the amount for which the Bernhard parcel was
purchased by the City on July 18, 2001; and
(ii) the amount for which the Bernhard parcel was
purchased by the Secretary on March 24, 2006.
(B) Conservation easement.--As a condition of the
conveyance of the land described in paragraph (2)(B)(ii), the
Secretary, in consultation with Carson City and affected local
interests, shall reserve a perpetual conservation easement to
the land to protect, preserve, and enhance the conservation
values of the land, consistent with paragraph (4)(B).
(C) Costs.--Any costs relating to the conveyance under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the recipient of the
land being conveyed.
(4) Use of land.--
(A) Natural areas.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(i) shall be managed by
the City to maintain undeveloped open space and to preserve
the natural characteristics of the land in perpetuity.
(ii) Exception.--Notwithstanding clause (i), the City
may--
(I) conduct projects on the land to reduce fuels;
(II) construct and maintain trails, trailhead
facilities, and any infrastructure on the land that is
required for municipal water and flood management
activities; and
(III) maintain or reconstruct any improvements on
the land that are in existence on the date of enactment
of this Act.
(B) Silver saddle ranch and carson river area.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(ii) shall--
(I) be managed by the City to protect and enhance
the Carson River, the floodplain and surrounding
upland, and important wildlife habitat; and
(II) be used for undeveloped open space, passive
recreation, customary agricultural practices, and
wildlife protection.
(ii) Exception.--Notwithstanding clause (i), the City
may--
(I) construct and maintain trails and trailhead
facilities on the land;
(II) conduct projects on the land to reduce fuels;
(III) maintain or reconstruct any improvements on
the land that are in existence on the date of enactment
of this Act; and
(IV) allow the use of motorized vehicles on
designated roads, trails, and areas in the south end of
Prison Hill.
(C) Parks and public purposes.--The land described in
paragraph (2)(B)(iii) shall be managed by the City for--
(i) undeveloped open space; and
(ii) recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(D) Reversionary interest.--
(i) Release.--The reversionary interest described in
paragraph (2)(B)(iv) shall terminate on the date of
enactment of this Act.
(ii) Conveyance by city.--
(I) In general.--If the City sells, leases, or
otherwise conveys any portion of the land described in
paragraph (2)(B)(iv), the sale, lease, or conveyance of
land shall be--
(aa) through a competitive bidding process; and
(bb) except as provided in subclause (II), for
not less than fair market value.
(II) Conveyance to government or nonprofit.--A
sale, lease, or conveyance of land described in
paragraph (2)(B)(iv) to the Federal Government, a State
government, a unit of local government, or a nonprofit
organization shall be for consideration in an amount
equal to the price established by the Secretary of the
Interior under section 2741 of title 43, Code of
Federal Regulation (or successor regulations).
(III) Disposition of proceeds.--The gross proceeds
from the sale, lease, or conveyance of land under
subclause (I) shall be distributed in accordance with
subsection (e)(1).
(5) Reversion.--If land conveyed under paragraph (1) is used in
a manner that is inconsistent with the uses described in
subparagraph (A), (B), (C), or (D) of paragraph (4), the land
shall, at the discretion of the Secretary, revert to the United
States.
(6) Miscellaneous provisions.--
(A) In general.--On conveyance of the non-Federal land
under paragraph (1) to the Secretary of Agriculture, the non-
Federal land shall--
(i) become part of the Humboldt-Toiyabe National
Forest; and
(ii) be administered in accordance with the laws
(including the regulations) and rules generally applicable
to the National Forest System.
(B) Management plan.--The Secretary of Agriculture, in
consultation with the City and other interested parties, may
develop and implement a management plan for National Forest
System land that ensures the protection and stabilization of
the National Forest System land to minimize the impacts of
flooding on the City.
(7) Conveyance to bureau of land management.--
(A) In general.--If the City offers to convey to the United
States title to the non-Federal land described in subparagraph
(B) that is acceptable to the Secretary of the Interior, the
land shall, at the discretion of the Secretary, be conveyed to
the United States.
(B) Description of land.--The non-Federal land referred to
in subparagraph (A) is the approximately 46 acres of land
administered by the City and identified on the Map as ``To
Bureau of Land Management''.
(C) Costs.--Any costs relating to the conveyance under
subparagraph (A), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(c) Transfer of Administrative Jurisdiction From the Forest Service
to the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on the Map
as ``Parcel #1'' is transferred, from the Secretary of Agriculture
to the Secretary of the Interior.
(2) Costs.--Any costs relating to the transfer under paragraph
(1), including any costs for surveys and other administrative
costs, shall be paid by the Secretary of the Interior.
(3) Use of land.--
(A) Right-of-way.--Not later than 120 days after the date
of enactment of this Act, the Secretary of the Interior shall
grant to the City a right-of-way for the maintenance of flood
management facilities located on the land.
(B) Disposal.--The land referred to in paragraph (1) shall
be disposed of in accordance with subsection (d).
(C) Disposition of proceeds.--The gross proceeds from the
disposal of land under subparagraph (B) shall be distributed in
accordance with subsection (e)(1).
(d) Disposal of Carson City Land.--
(1) In general.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), the Secretary of the Interior shall, in accordance with that
Act, this subsection, and other applicable law, and subject to
valid existing rights, conduct sales of the Federal land described
in paragraph (2) to qualified bidders.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 108 acres of Bureau of Land
Management land identified as ``Lands for Disposal'' on the
Map; and
(B) the approximately 50 acres of land identified as
``Parcel #1'' on the Map.
(3) Compliance with local planning and zoning laws.--Before a
sale of Federal land under paragraph (1), the City shall submit to
the Secretary a certification that qualified bidders have agreed to
comply with--
(A) City zoning ordinances; and
(B) any master plan for the area approved by the City.
(4) Method of sale; consideration.--The sale of Federal land
under paragraph (1) shall be--
(A) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(B) unless otherwise determined by the Secretary, through a
competitive bidding process; and
(C) for not less than fair market value.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
except as provided in subparagraph (B), the Federal land
described in paragraph (2) is withdrawn from--
(i) all forms of entry and appropriation 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.
(B) Exception.--Subparagraph (A)(i) shall not apply to
sales made consistent with this subsection.
(6) Deadline for sale.--
(A) In general.--Except as provided in subparagraph (B),
not later than 1 year after the date of enactment of this Act,
if there is a qualified bidder for the land described in
subparagraphs (A) and (B) of paragraph (2), the Secretary of
the Interior shall offer the land for sale to the qualified
bidder.
(B) Postponement; exclusion from sale.--
(i) Request by carson city for postponement or
exclusion.--At the request of the City, the Secretary shall
postpone or exclude from the sale under subparagraph (A)
all or a portion of the land described in subparagraphs (A)
and (B) of paragraph (2).
(ii) Indefinite postponement.--Unless specifically
requested by the City, a postponement under clause (i)
shall not be indefinite.
(e) Disposition of Proceeds.--
(1) In general.--Of the proceeds from the sale of land under
subsections (b)(4)(D)(ii) and (d)(1)--
(A) 5 percent shall be paid directly to the State for use
in the general education program of the State; and
(B) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Carson City Special Account'', and shall be available without
further appropriation to the Secretary until expended to--
(i) reimburse costs incurred by the Bureau of Land
Management for preparing for the sale of the Federal land
described in subsection (d)(2), including the costs of--
(I) surveys and appraisals; and
(II) compliance with--
(aa) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(bb) sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712,
1713);
(ii) reimburse costs incurred by the Bureau of Land
Management and Forest Service for preparing for, and
carrying out, the transfers of land to be held in trust by
the United States under subsection (h)(1); and
(iii) acquire environmentally sensitive land or an
interest in environmentally sensitive land in the City.
(2) Silver saddle endowment account.--
(A) Establishment.--There is established in the Treasury of
the United States a special account, to be known as the
``Silver Saddle Endowment Account'', consisting of such amounts
as are deposited under subsection (b)(3)(A).
(B) Availability of amounts.--Amounts deposited in the
account established by paragraph (1) shall be available to the
Secretary, without further appropriation, for the oversight and
enforcement of the conservation easement established under
subsection (b)(3)(B).
(f) Urban Interface.--
(1) In general.--Except as otherwise provided in this section
and subject to valid existing rights, the Federal land described in
paragraph (2) is permanently withdrawn from--
(A) all forms of entry and appropriation under the public
land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal leasing laws,
and mineral material laws.
(2) Description of land.--The land referred to in paragraph (1)
consists of approximately 19,747 acres, which is identified on the
Map as ``Urban Interface Withdrawal''.
(3) Incorporation of acquired land and interests.--Any land or
interest in land within the boundaries of the land described in
paragraph (2) that is acquired by the United States after the date
of enactment of this Act shall be withdrawn in accordance with this
subsection.
(4) Off-highway vehicle management.--Until the date on which
the Secretary, in consultation with the State, the City, and any
other interested persons, completes a transportation plan for
Federal land in the City, the use of motorized and mechanical
vehicles on Federal land within the City shall be limited to roads
and trails in existence on the date of enactment of this Act unless
the use of the vehicles is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(g) Availability of Funds.--Section 4(e) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346;
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is
amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln, and
White Pine Counties and Washoe County (subject to paragraph 4))''
and inserting ``Clark, Lincoln, and White Pine Counties and Washoe
County (subject to paragraph 4)) and Carson City (subject to
paragraph (5))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln, and
White Pine Counties'' and inserting ``Clark, Lincoln, and White
Pine Counties and Carson City (subject to paragraph (5))'';
(3) in paragraph (4), by striking ``2011'' and inserting
``2015''; and
(4) by adding at the end the following:
``(5) Limitation for carson city.--Carson City shall be
eligible to nominate for expenditure amounts to acquire land or an
interest in land for parks or natural areas and for conservation
initiatives--
``(A) adjacent to the Carson River; or
``(B) within the floodplain of the Carson River.''.
(h) Transfer of Land To Be Held in Trust for Washoe Tribe.--
(1) In general.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land
described in paragraph (2)--
(A) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(2) Description of land.--The land referred to in paragraph (1)
consists of approximately 293 acres, which is identified on the Map
as ``To Washoe Tribe''.
(3) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall complete
a survey of the boundary lines to establish the boundaries of the
land taken into trust under paragraph (1).
(4) Use of land.--
(A) Gaming.--Land taken into trust under paragraph (1)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
(B) Trust land for ceremonial use and conservation.--With
respect to the use of the land taken into trust under paragraph
(1) that is above the 5,200' elevation contour, the Tribe--
(i) shall limit the use of the land to--
(I) traditional and customary uses; and
(II) stewardship conservation for the benefit of
the Tribe; and
(ii) shall not permit any--
(I) permanent residential or recreational
development on the land; or
(II) commercial use of the land, including
commercial development or gaming.
(C) Trust land for commercial and residential use.--With
respect to the use of the land taken into trust under paragraph
(1), the Tribe shall limit the use of the land below the 5,200'
elevation to--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the
Tribe; and
(iii)(I) residential or recreational development; or
(II) commercial use.
(D) Thinning; landscape restoration.--With respect to the
land taken into trust under paragraph (1), the Secretary of
Agriculture, in consultation and coordination with the Tribe,
may carry out any thinning and other landscape restoration
activities on the land that is beneficial to the Tribe and the
Forest Service.
(i) Correction of Skunk Harbor Conveyance.--
(1) Purpose.--The purpose of this subsection is to amend Public
Law 108-67 (117 Stat. 880) to make a technical correction relating
to the land conveyance authorized under that Act.
(2) Technical correction.--Section 2 of Public Law 108-67 (117
Stat. 880) is amended--
(A) by striking ``Subject to'' and inserting the following:
``(a) In General.--Subject to'';
(B) in subsection (a) (as designated by paragraph (1)), by
striking ``the parcel'' and all that follows through the period
at the end and inserting the following: ``and to approximately
23 acres of land identified as `Parcel A' on the map entitled
`Skunk Harbor Conveyance Correction' and dated September 12,
2008, the western boundary of which is the low water line of
Lake Tahoe at elevation 6,223.0' (Lake Tahoe Datum).''; and
(C) by adding at the end the following:
``(b) Survey and Legal Description.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of Agriculture shall
complete a survey and legal description of the boundary lines to
establish the boundaries of the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed under
paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits any
approved general public access (through existing easements or by boat)
to, or use of, land remaining within the Lake Tahoe Basin Management
Unit after the conveyance of the land to the Secretary of the Interior,
in trust for the Tribe, under subsection (a), including access to, and
use of, the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(3) Date of trust status.--The trust land described in section
2(a) of Public Law 108-67 (117 Stat. 880) shall be considered to be
taken into trust as of August 1, 2003.
(4) Transfer.--The Secretary of the Interior, acting on behalf
of and for the benefit of the Tribe, shall transfer to the
Secretary of Agriculture administrative jurisdiction over the land
identified as ``Parcel B'' on the map entitled ``Skunk Harbor
Conveyance Correction'' and dated September 12, 2008.
(j) Agreement With Forest Service.--The Secretary of Agriculture,
in consultation with the Tribe, shall develop and implement a
cooperative agreement that ensures regular access by members of the
Tribe and other people in the community of the Tribe across National
Forest System land from the City to Lake Tahoe for cultural and
religious purposes.
(k) Artifact Collection.--
(1) Notice.--At least 180 days before conducting any ground
disturbing activities on the land identified as ``Parcel #2'' on
the Map, the City shall notify the Tribe of the proposed activities
to provide the Tribe with adequate time to inventory and collect
any artifacts in the affected area.
(2) Authorized activities.--On receipt of notice under
paragraph (1), the Tribe may collect and possess any artifacts
relating to the Tribe in the land identified as ``Parcel #2'' on
the Map.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Henderson,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Transition area.--The term ``Transition Area'' means the
approximately 502 acres of Federal land located in Henderson,
Nevada, and identified as ``Limited Transition Area'' on the map
entitled ``Southern Nevada Limited Transition Area Act'' and dated
March 20, 2006.
(b) Southern Nevada Limited Transition Area.--
(1) Conveyance.--Notwithstanding the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the
City, the Secretary shall, without consideration and subject to all
valid existing rights, convey to the City all right, title, and
interest of the United States in and to the Transition Area.
(2) Use of land for nonresidential development.--
(A) In general.--After the conveyance to the City under
paragraph (1), the City may sell, lease, or otherwise convey
any portion or portions of the Transition Area for purposes of
nonresidential development.
(B) Method of sale.--
(i) In general.--The sale, lease, or conveyance of land
under subparagraph (A) shall be through a competitive
bidding process.
(ii) Fair market value.--Any land sold, leased, or
otherwise conveyed under subparagraph (A) shall be for not
less than fair market value.
(C) Compliance with charter.--Except as provided in
subparagraphs (B) and (D), the City may sell, lease, or
otherwise convey parcels within the Transition Area only in
accordance with the procedures for conveyances established in
the City Charter.
(D) Disposition of proceeds.--The gross proceeds from the
sale of land under subparagraph (A) shall be distributed in
accordance with section 4(e) of the Southern Nevada Public Land
Management Act of 1998 (112 Stat. 2345).
(3) Use of land for recreation or other public purposes.--The
City may elect to retain parcels in the Transition Area for public
recreation or other public purposes consistent with the Act of June
14, 1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.) by providing to the Secretary
written notice of the election.
(4) Noise compatibility requirements.--The City shall--
(A) plan and manage the Transition Area in accordance with
section 47504 of title 49, United States Code (relating to
airport noise compatibility planning), and regulations
promulgated in accordance with that section; and
(B) agree that if any land in the Transition Area is sold,
leased, or otherwise conveyed by the City, the sale, lease, or
conveyance shall contain a limitation to require uses
compatible with that airport noise compatibility planning.
(5) Reversion.--
(A) In general.--If any parcel of land in the Transition
Area is not conveyed for nonresidential development under this
section or reserved for recreation or other public purposes
under paragraph (3) by the date that is 20 years after the date
of enactment of this Act, the parcel of land shall, at the
discretion of the Secretary, revert to the United States.
(B) Inconsistent use.--If the City uses any parcel of land
within the Transition Area in a manner that is inconsistent
with the uses specified in this subsection--
(i) at the discretion of the Secretary, the parcel
shall revert to the United States; or
(ii) if the Secretary does not make an election under
clause (i), the City shall sell the parcel of land in
accordance with this subsection.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site'' means
the approximately 80 acres of land that is--
(A) patented to the City under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.); and
(B) identified on the map as the ``Alta-Hualapai Site''.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Institute.--The term ``Institute'' means the Nevada Cancer
Institute, a nonprofit organization described under section
501(c)(3) of the Internal Revenue Code of 1986, the principal place
of business of which is at 10441 West Twain Avenue, Las Vegas,
Nevada.
(4) Map.--The term ``map'' means the map titled ``Nevada Cancer
Institute Expansion Act'' and dated July 17, 2006.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(6) Water district.--The term ``Water District'' means the Las
Vegas Valley Water District.
(b) Land Conveyance.--
(1) Survey and legal description.--The City shall prepare a
survey and legal description of the Alta-Hualapai Site. The survey
shall conform to the Bureau of Land Management cadastral survey
standards and be subject to approval by the Secretary.
(2) Acceptance.--The Secretary may accept the relinquishment by
the City of all or part of the Alta-Hualapai Site.
(3) Conveyance for use as nonprofit cancer institute.--After
relinquishment of all or part of the Alta-Hualapai Site to the
Secretary, and not later than 180 days after request of the
Institute, the Secretary shall convey to the Institute, subject to
valid existing rights, the portion of the Alta-Hualapai Site that
is necessary for the development of a nonprofit cancer institute.
(4) Additional conveyances.--Not later than 180 days after a
request from the City, the Secretary shall convey to the City,
subject to valid existing rights, any remaining portion of the
Alta-Hualapai Site necessary for ancillary medical or nonprofit use
compatible with the mission of the Institute.
(5) Applicable law.--Any conveyance by the City of any portion
of the land received under this section shall be for no less than
fair market value and the proceeds shall be distributed in
accordance with section 4(e)(1) of Public Law 105-263 (112 Stat.
2345).
(6) Transaction costs.--All land conveyed by the Secretary
under this section shall be at no cost, except that the Secretary
may require the recipient to bear any costs associated with
transfer of title or any necessary land surveys.
(7) Report.--Not later than 180 days after the date of the
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 on
all transactions conducted under Public Law 105-263 (112 Stat.
2345).
(c) Rights-of-Way.--Consistent with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant
rights-of-way to the Water District on a portion of the Alta-Hualapai
Site for a flood control project and a water pumping facility.
(d) Reversion.--Any property conveyed pursuant to this section
which ceases to be used for the purposes specified in this section
shall, at the discretion of the Secretary, revert to the United States,
along with any improvements thereon or thereto.
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 25 acres of Bureau of Land Management land identified
on the map as ``Lands to be conveyed to Turnabout Ranch''.
(2) Map.--The term ``map'' means the map entitled ``Turnabout
Ranch Conveyance'' dated May 12, 2006, and on file in the office of
the Director of the Bureau of Land Management.
(3) Monument.--The term ``Monument'' means the Grand Staircase-
Escalante National Monument located in southern Utah.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means the
Turnabout Ranch in Escalante, Utah, owned by Aspen Education Group.
(b) Conveyance of Federal Land to Turnabout Ranch.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), if not later than 30
days after completion of the appraisal required under paragraph
(2), Turnabout Ranch of Escalante, Utah, submits to the Secretary
an offer to acquire the Federal land for the appraised value, the
Secretary shall, not later than 30 days after the date of the
offer, convey to Turnabout Ranch all right, title, and interest to
the Federal land, subject to valid existing rights.
(2) Appraisal.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall complete an appraisal of
the Federal land. The appraisal shall be completed in accordance
with the ``Uniform Appraisal Standards for Federal Land
Acquisitions'' and the ``Uniform Standards of Professional
Appraisal Practice''. All costs associated with the appraisal shall
be born by Turnabout Ranch.
(3) Payment of consideration.--Not later than 30 days after the
date on which the Federal land is conveyed under paragraph (1), as
a condition of the conveyance, Turnabout Ranch shall pay to the
Secretary an amount equal to the appraised value of the Federal
land, as determined under paragraph (2).
(4) Costs of conveyance.--As a condition of the conveyance, any
costs of the conveyance under this section shall be paid by
Turnabout Ranch.
(5) Disposition of proceeds.--The Secretary shall deposit the
proceeds from the conveyance of the Federal land under paragraph
(1) in the Federal Land Deposit Account established by section 206
of the Federal Land Transaction Facilitation Act(43 U.S.C. 2305),
to be expended in accordance with that Act.
(c) Modification of Monument Boundary.--When the conveyance
authorized by subsection (b) is completed, the boundaries of the Grand
Staircase-Escalante National Monument in the State of Utah are hereby
modified to exclude the Federal land conveyed to Turnabout Ranch.
SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) Definitions.--In this section:
(1) Boy scouts.--The term ``Boy Scouts'' means the Utah
National Parks Council of the Boy Scouts of America.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Boy Scouts of America Land Exchange.--
(1) Authority to convey.--
(A) In general.--Subject to paragraph (3) and
notwithstanding the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.), the Boy Scouts may convey to Brian Head Resort, subject
to valid existing rights and, except as provided in
subparagraph (B), any rights reserved by the United States, all
right, title, and interest granted to the Boy Scouts by the
original patent to the parcel described in paragraph (2)(A) in
exchange for the conveyance by Brian Head Resort to the Boy
Scouts of all right, title, and interest in and to the parcels
described in paragraph (2)(B).
(B) Reversionary interest.--On conveyance of the parcel of
land described in paragraph (2)(A), the Secretary shall have
discretion with respect to whether or not the reversionary
interests of the United States are to be exercised.
(2) Description of land.--The parcels of land referred to in
paragraph (1) are--
(A) the 120-acre parcel that is part of a tract of public
land acquired by the Boy Scouts under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.) for the purpose of operating a camp,
which is more particularly described as the W 1/2 SE 1/4 and SE
1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base and
Meridian; and
(B) the 2 parcels of private land owned by Brian Head
Resort that total 120 acres, which are more particularly
described as--
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S.,
R. 9 W., Salt Lake Base and Meridian; and
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt
Lake Base Meridian.
(3) Conditions.--On conveyance to the Boy Scouts under
paragraph (1)(A), the parcels of land described in paragraph (2)(B)
shall be subject to the terms and conditions imposed on the entire
tract of land acquired by the Boy Scouts for a camp under the
Bureau of Land Management patent numbered 43-75-0010.
(4) Modification of patent.--On completion of the exchange
under paragraph (1)(A), the Secretary shall amend the original
Bureau of Land Management patent providing for the conveyance to
the Boy Scouts under the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.)
numbered 43-75-0010 to take into account the exchange under
paragraph (1)(A).
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau of
Land Management and identified for conveyance on the map prepared
by the Bureau of Land Management entitled ``Douglas County Public
Utility District Proposal'' and dated March 2, 2006.
(2) PUD.--The term ``PUD'' means the Public Utility District
No. 1 of Douglas County, Washington.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory Commission
Project No. 2149.
(b) Conveyance of Public Land, Wells Hydroelectric Project, Public
Utility District No. 1 of Douglas County, Washington.--
(1) Conveyance required.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), and notwithstanding
section 24 of the Federal Power Act (16 U.S.C. 818) and Federal
Power Order for Project 2149, and subject to valid existing rights,
if not later than 45 days after the date of completion of the
appraisal required under paragraph (2), the Public Utility District
No. 1 of Douglas County, Washington, submits to the Secretary an
offer to acquire the public land for the appraised value, the
Secretary shall convey, not later than 30 days after the date of
the offer, to the PUD all right, title, and interest of the United
States in and to the public land.
(2) Appraisal.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete an appraisal of
the public land. The appraisal shall be conducted in accordance
with the ``Uniform Appraisal Standards for Federal Land
Acquisitions'' and the ``Uniform Standards of Professional
Appraisal Practice''.
(3) Payment.--Not later than 30 days after the date on which
the public land is conveyed under this subsection, the PUD shall
pay to the Secretary an amount equal to the appraised value of the
public land as determined under paragraph (2).
(4) Map and legal descriptions.--As soon as practicable after
the date of enactment of this Act, the Secretary shall finalize
legal descriptions of the public land to be conveyed under this
subsection. The Secretary may correct any minor errors in the map
referred to in subsection (a)(1) or in the legal descriptions. The
map and legal descriptions shall be on file and available for
public inspection in appropriate offices of the Bureau of Land
Management.
(5) Costs of conveyance.--As a condition of conveyance, any
costs related to the conveyance under this subsection shall be paid
by the PUD.
(6) Disposition of proceeds.--The Secretary shall deposit the
proceeds from the sale in the Federal Land Disposal Account
established by section 206 of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305) to be expended to improve access
to public lands administered by the Bureau of Land Management in
the State of Washington.
(c) Segregation of Lands.--
(1) Withdrawal.--Except as provided in subsection (b)(1),
effective immediately upon enactment of this Act, and subject to
valid existing rights, the public land is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining laws,
and all amendments thereto; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
(2) Duration.--This subsection expires two years after the date
of enactment of this Act or on the date of the completion of the
conveyance under subsection (b), whichever is earlier.
(d) Retained Authority.--The Secretary shall retain the authority
to place conditions on the license to insure adequate protection and
utilization of the public land granted to the Secretary in section 4(e)
of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy
Regulatory Commission has issued a new license for the Wells
Hydroelectric Project, to replace the original license expiring May 31,
2012, consistent with section 15 of the Federal Power Act (16 U.S.C.
808).
SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.
(a) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall convey to the city of Twin
Falls, Idaho, subject to valid existing rights, without consideration,
all right, title, and interest of the United States in and to the 4
parcels of land described in subsection (b).
(b) Land Description.--The 4 parcels of land to be conveyed under
subsection (a) are the approximately 165 acres of land in Twin Falls
County, Idaho, that are identified as ``Land to be conveyed to Twin
Falls'' on the map titled ``Twin Falls Land Conveyance'' and dated July
28, 2008.
(c) Map on File.--A map depicting the land described in subsection
(b) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Use of Conveyed Lands.--
(1) Purpose.--The land conveyed under this section shall be
used to support the public purposes of the Auger Falls Project,
including a limited agricultural exemption to allow for water
quality and wildlife habitat improvements.
(2) Restriction.--The land conveyed under this section shall
not be used for residential or commercial purposes, except for the
limited agricultural exemption described in paragraph (1).
(3) Additional terms and conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(e) Reversion.--If the land conveyed under this section is no
longer used in accordance with subsection (d)--
(1) the land shall, at the discretion of the Secretary based on
his determination of the best interests of the United States,
revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States and if the Secretary determines that the land is
environmentally contaminated, the city of Twin Falls, Idaho, or any
other person responsible for the contamination shall remediate the
contamination.
(f) Administrative Costs.--The Secretary shall require that the
city of Twin Falls, Idaho, pay all survey costs and other
administrative costs necessary for the preparation and completion of
any patents of and transfer of title to property under this section.
SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, NEVADA.
(a) Finding.--Congress finds that the land described in subsection
(c) has been adequately studied for wilderness designation under
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782).
(b) Release.--The land described in subsection (c)--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) cooperative conservation agreements in existence on the
date of the enactment of this Act.
(c) Description of Land.--The land referred to in subsections (a)
and (b) is the approximately 70 acres of land in the Sunrise Mountain
Instant Study Area of Clark County, Nevada, that is designated on the
map entitled ``Sunrise Mountain ISA Release Areas'' and dated September
6, 2008.
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.
(a) Conveyance of Land by the Bureau of Land Management to Park
City, Utah.--
(1) Land transfer.--Notwithstanding the planning requirements
of sections 202 and 203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior
shall convey, not later than 180 days after the date of the
enactment of this Act, to Park City, Utah, all right, title, and
interest of the United States in and to two parcels of real
property located in Park City, Utah, that are currently under the
management jurisdiction of the Bureau of Land Management and
designated as parcel 8 (commonly known as the White Acre parcel)
and parcel 16 (commonly known as the Gambel Oak parcel). The
conveyance shall be subject to all valid existing rights.
(2) Deed restriction.--The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing a
restriction requiring that the lands be maintained as open space
and used solely for public recreation purposes or other purposes
consistent with their maintenance as open space. This restriction
shall not be interpreted to prohibit the construction or
maintenance of recreational facilities, utilities, or other
structures that are consistent with the maintenance of the lands as
open space or its use for public recreation purposes.
(3) Consideration.--In consideration for the transfer of the
land under paragraph (1), Park City shall pay to the Secretary of
the Interior an amount consistent with conveyances to governmental
entities for recreational purposes under the Act of June 14, 1926
(commonly known as the Recreation and Public Purposes Act; 43
U.S.C. 869 et seq.).
(b) Sale of Bureau of Land Management Land in Park City, Utah, at
Auction.--
(1) Sale of land.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Interior shall
offer for sale any right, title, or interest of the United States
in and to two parcels of real property located in Park City, Utah,
that are currently under the management jurisdiction of the Bureau
of Land Management and are designated as parcels 17 and 18 in the
Park City, Utah, area. The sale of the land shall be carried out in
accordance with the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701) and other applicable law, other than the planning
provisions of sections 202 and 203 of such Act (43 U.S.C. 1712,
1713), and shall be subject to all valid existing rights.
(2) Method of sale.--The sale of the land under paragraph (1)
shall be consistent with subsections (d) and (f) of section 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713)
through a competitive bidding process and for not less than fair
market value.
(c) Disposition of Land Sales Proceeds.--All proceeds derived from
the sale of land described in this section shall be deposited in the
Federal Land Disposal Account established by section 206(a) of the
Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS IN RENO,
NEVADA.
(a) Railroad Lands Defined.--For the purposes of this section, the
term ``railroad lands'' means those lands within the City of Reno,
Nevada, located within portions of sections 10, 11, and 12 of T.19 N.,
R. 19 E., and portions of section 7 of T.19 N., R. 20 E., Mount Diablo
Meridian, Nevada, that were originally granted to the Union Pacific
Railroad under the provisions of the Act of July 1, 1862, commonly
known as the Union Pacific Railroad Act.
(b) Release of Reversionary Interest.--Any reversionary interests
of the United States (including interests under the Act of July 1,
1862, commonly known as the Union Pacific Railroad Act) in and to the
railroad lands as defined in subsection (a) of this section are hereby
released.
SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE RANCHERIA.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal lands
described in subsection (b), the Federal lands shall be declared to
be held in trust by the United States for the benefit of the Tribe
for nongaming purposes, and shall be subject to the same terms and
conditions as those lands described in the California Indian Land
Transfer Act (Public Law 106-568; 114 Stat. 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United States
for the benefit of the Tribe shall be subject to subsection (c) of
section 903 of the California Indian Land Transfer Act (Public Law
106-568; 114 Stat. 2921).
(b) Federal Lands Described.--The Federal lands described in this
subsection, comprising approximately 66 acres, are as follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and 12,
MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM,
containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres more
or less.
(c) Trust Lands Described.--The trust lands described in this
subsection, comprising approximately 357 acres, are commonly referred
to as follows:
(1) Thomas property, pending trust acquisition, 104.50 acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but not
limited to a non-exclusive easement for ingress and egress for the
benefit of adjoining property as conveyed by Easement Deed recorded
July 13, 1984, in Volume 755, Pages 189 to 192, and as further
defined by Stipulation and Judgment entered by Tuolumne County
Superior Court on September 2, 1983, and recorded June 4, 1984, in
Volume 751, Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the enactment
of this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall complete fieldwork required for a survey of the lands
described in subsections (b) and (c) for the purpose of incorporating
those lands within the boundaries of the Tuolumne Rancheria. Not later
than 90 days after that fieldwork is completed, that office shall
complete the survey.
(e) Legal Descriptions.--
(1) Publication.--On approval by the Community Council of the
Tribe of the survey completed under subsection (d), the Secretary
of the Interior shall publish in the Federal Register--
(A) a legal description of the new boundary lines of the
Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of those
boundary lines of the Tuolumne Rancheria and the lands surveyed.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is
amended--
(1) in subsection (a), by striking ``each of fiscal years 2006
through 2011'' and inserting ``fiscal year 2006 and each fiscal
year thereafter'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Applicable Law.--Chapter 63 of title 31, United States Code,
shall not apply to--
``(1) a watershed restoration and enhancement agreement entered
into under this section; or
``(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1).''.
Subtitle B--Wildland Firefighter Safety
SEC. 3101. WILDLAND FIREFIGHTER SAFETY.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Directors of the Bureau of Land Management, the United States
Fish and Wildlife Service, the National Park Service, and the
Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(2) Wildland firefighter.--The term ``wildland firefighter''
means any person who participates in wildland firefighting
activities--
(A) under the direction of either of the Secretaries; or
(B) under a contract or compact with a federally recognized
Indian tribe.
(b) Annual Report to Congress.--
(1) In general.--The Secretaries shall jointly submit to
Congress an annual report on the wildland firefighter safety
practices of the Secretaries, including training programs and
activities for wildland fire suppression, prescribed burning, and
wildland fire use, during the preceding calendar year.
(2) Timeline.--Each report under paragraph (1) shall--
(A) be submitted by not later than March of the year
following the calendar year covered by the report; and
(B) include--
(i) a description of, and any changes to, wildland
firefighter safety practices, including training programs
and activities for wildland fire suppression, prescribed
burning, and wildland fire use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal funds
expended by the Secretaries on wildland firefighter safety
practices, including training programs and activities for
wildland fire suppression, prescribed burning, and wildland
fire use;
(iv) progress made in implementing recommendations from
the Inspector General, the Government Accountability
Office, the Occupational Safety and Health Administration,
or an agency report relating to a wildland firefighting
fatality issued during the preceding 10 years; and
(v) a description of--
(I) the provisions relating to wildland firefighter
safety practices in any Federal contract or other
agreement governing the provision of wildland
firefighters by a non-Federal entity;
(II) a summary of any actions taken by the
Secretaries to ensure that the provisions relating to
safety practices, including training, are complied with
by the non-Federal entity; and
(III) the results of those actions.
Subtitle C--Wyoming Range
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Wyoming range withdrawal area.--The term ``Wyoming Range
Withdrawal Area'' means all National Forest System land and
federally owned minerals located within the boundaries of the
Bridger-Teton National Forest identified on the map entitled
``Wyoming Range Withdrawal Area'' and dated October 17, 2007, on
file with the Office of the Chief of the Forest Service and the
Office of the Supervisor of the Bridger-Teton National Forest.
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal.--Except as provided in subsection (f), subject to
valid existing rights as of the date of enactment of this Act and the
provisions of this subtitle, land in the Wyoming Range Withdrawal Area
is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and geothermal
leasing.
(b) Existing Rights.--If any right referred to in subsection (a) is
relinquished or otherwise acquired by the United States (including
through donation under section 3203) after the date of enactment of
this Act, the land subject to that right shall be withdrawn in
accordance with this section.
(c) Buffers.--Nothing in this section requires--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal Area; or
(2) any prohibition on activities outside of the boundaries of
the Wyoming Range Withdrawal Area that can be seen or heard from
within the boundaries of the Wyoming Range Withdrawal Area.
(d) Land and Resource Management Plan.--
(1) In general.--Subject to paragraph (2), the Bridger-Teton
National Land and Resource Management Plan (including any revisions
to the Plan) shall apply to any land within the Wyoming Range
Withdrawal Area.
(2) Conflicts.--If there is a conflict between this subtitle
and the Bridger-Teton National Land and Resource Management Plan,
this subtitle shall apply.
(e) Prior Lease Sales.--Nothing in this section prohibits the
Secretary from taking any action necessary to issue, deny, remove the
suspension of, or cancel a lease, or any sold lease parcel that has not
been issued, pursuant to any lease sale conducted prior to the date of
enactment of this Act, including the completion of any requirements
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Exception.--Notwithstanding the withdrawal in subsection (a),
the Secretary may lease oil and gas resources in the Wyoming Range
Withdrawal Area that are within 1 mile of the boundary of the Wyoming
Range Withdrawal Area in accordance with the Mineral Leasing Act (30
U.S.C. 181 et seq.) and subject to the following conditions:
(1) The lease may only be accessed by directional drilling from
a lease held by production on the date of enactment of this Act on
National Forest System land that is adjacent to, and outside of,
the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than 1 mile
inside the boundary of the Wyoming Range Withdrawal Area.
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR
LEASING RIGHTS IN THE WYOMING RANGE.
(a) Notification of Leaseholders.--Not later than 120 days after
the date of enactment of this Act, the Secretary shall provide notice
to holders of valid existing mining or leasing rights within the
Wyoming Range Withdrawal Area of the potential opportunity for
repurchase of those rights and retirement under this section.
(b) Request for Lease Retirement.--
(1) In general.--A holder of a valid existing mining or leasing
right within the Wyoming Range Withdrawal Area may submit a written
notice to the Secretary of the interest of the holder in the
retirement and repurchase of that right.
(2) List of interested holders.--The Secretary shall prepare a
list of interested holders and make the list available to any non-
Federal entity or person interested in acquiring that right for
retirement by the Secretary.
(c) Prohibition.--The Secretary may not use any Federal funds to
purchase any right referred to in subsection (a).
(d) Donation Authority.--The Secretary shall--
(1) accept the donation of any valid existing mining or leasing
right in the Wyoming Range Withdrawal Area from the holder of that
right or from any non-Federal entity or person that acquires that
right; and
(2) on acceptance, cancel that right.
(e) Relationship to Other Authority.--Nothing in this subtitle
affects any authority the Secretary may otherwise have to modify,
suspend, or terminate a lease without compensation, or to recognize the
transfer of a valid existing mining or leasing right, if otherwise
authorized by law.
Subtitle D--Land Conveyances and Exchanges
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Coffman Cove,
Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Conveyance.--
(1) In general.--Subject to valid existing rights, the
Secretary shall convey to the City, without consideration and by
quitclaim deed all right, title, and interest of the United States,
except as provided in paragraphs (3) and (4), in and to the parcel
of National Forest System land described in paragraph (2).
(2) Description of land.--
(A) In general.--The parcel of National Forest System land
referred to in paragraph (1) is the approximately 12 acres of
land identified in U.S. Survey 10099, as depicted on the plat
entitled ``Subdivision of U.S. Survey No. 10099'' and recorded
as Plat 2003-1 on January 21, 2003, Petersburg Recording
District, Alaska.
(B) Excluded land.--The parcel of National Forest System
land conveyed under paragraph (1) does not include the portion
of U.S. Survey 10099 that is north of the right-of-way for
Forest Development Road 3030-295 and southeast of Tract CC-8.
(3) Right-of-way.--The United States may reserve a right-of-way
to provide access to the National Forest System land excluded from
the conveyance to the City under paragraph (2)(B).
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) (other than a portion of land sold under paragraph
(5)) ceases to be used for public purposes, the land shall, at the
option of the Secretary, revert to the United States.
(5) Conditions on subsequent conveyances.--If the City sells
any portion of the land conveyed to the City under paragraph (1)--
(A) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(B) the City shall pay to the Secretary an amount equal to
the gross proceeds of the sale, which shall be available,
without further appropriation, for the Tongass National Forest.
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE,
MONTANA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-Deerlodge
National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Conveyance to Jefferson County, Montana.--
(1) Conveyance.--Not later than 180 days after the date of
enactment of this Act and subject to valid existing rights, the
Secretary (acting through the Regional Forester, Northern Region,
Missoula, Montana) shall convey by quitclaim deed to the County for
no consideration, all right, title, and interest of the United
States, except as provided in paragraph (5), in and to the parcel
of land described in paragraph (2).
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of approximately 9.67 acres of National
Forest System land (including any improvements to the land) in the
County that is known as the ``Elkhorn Cemetery'', as generally
depicted on the map.
(3) Use of land.--As a condition of the conveyance under
paragraph (1), the County shall--
(A) use the land described in paragraph (2) as a County
cemetery; and
(B) agree to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery, under such terms and conditions as are agreed to by
the Secretary and the County.
(4) Easement.--In conveying the land to the County under
paragraph (1), the Secretary, in accordance with applicable law,
shall grant to the County an easement across certain National
Forest System land, as generally depicted on the map, to provide
access to the land conveyed under that paragraph.
(5) Reversion.--In the quitclaim deed to the County, the
Secretary shall provide that the land conveyed to the County under
paragraph (1) shall revert to the Secretary, at the election of the
Secretary, if the land is--
(A) used for a purpose other than the purposes described in
paragraph (3)(A); or
(B) managed by the County in a manner that is inconsistent
with paragraph (3)(B).
SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTORICAL PARK
LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Land Exchange for Pecos National Historical Park'', numbered 430/
80,054, dated November 19, 1999, and revised September 18, 2000.
(4) Non-federal land.--The term ``non-Federal land'' means the
approximately 154 acres of non-Federal land in the Park, as
depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture, acting jointly.
(7) State.--The term ``State'' means the State of New Mexico.
(b) Land Exchange.--
(1) In general.--If the Secretary of the Interior accepts the
non-Federal land, title to which is acceptable to the Secretary of
the Interior, the Secretary of Agriculture shall, subject to the
conditions of this section and the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), convey to the landowner the
Federal land.
(2) Easement.--
(A) In general.--As a condition of the conveyance of the
non-Federal land, the landowner may reserve an easement
(including an easement for service access) for water pipelines
to 2 well sites located in the Park, as generally depicted on
the map.
(B) Route.--The Secretary of the Interior and the landowner
shall determine the appropriate route of the easement through
the non-Federal land.
(C) Terms and conditions.--The easement shall include such
terms and conditions relating to the use of, and access to, the
well sites and pipeline, as the Secretary of the Interior and
the landowner determine to be appropriate.
(D) Applicable law.--The easement shall be established,
operated, and maintained in compliance with applicable Federal,
State, and local laws.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and non-
Federal land--
(i) shall be equal, as determined by appraisals
conducted in accordance with subparagraph (B); or
(ii) if the value is not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Federal land and non-Federal land
shall be appraised by an independent appraiser selected by
the Secretaries.
(ii) Requirements.--An appraisal conducted under clause
(i) shall be conducted in accordance with--
(I) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(iii) Approval.--The appraisals conducted under this
subparagraph shall be submitted to the Secretaries for
approval.
(C) Equalization of values.--
(i) In general.--If the values of the non-Federal land
and the Federal land are not equal, the values may be
equalized in accordance with section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(ii) Cash equalization payments.--Any amounts received
by the Secretary of Agriculture as a cash equalization
payment under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)) shall--
(I) be deposited in the fund established by Public
Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a); and
(II) be available for expenditure, without further
appropriation, for the acquisition of land and
interests in land in the State.
(4) Costs.--Before the completion of the exchange under this
subsection, the Secretaries and the landowner shall enter into an
agreement that allocates the costs of the exchange among the
Secretaries and the landowner.
(5) Applicable law.--Except as otherwise provided in this
section, the exchange of land and interests in land under this
section shall be in accordance with--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) Additional terms and conditions.--The Secretaries may
require, in addition to any requirements under this section, such
terms and conditions relating to the exchange of Federal land and
non-Federal land and the granting of easements under this section
as the Secretaries determine to be appropriate to protect the
interests of the United States.
(7) Completion of the exchange.--
(A) In general.--The exchange of Federal land and non-
Federal land shall be completed not later than 180 days after
the later of--
(i) the date on which the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have been met;
(ii) the date on which the Secretary of the Interior
approves the appraisals under paragraph (3)(B)(iii); or
(iii) the date on which the Secretaries and the
landowner agree on the costs of the exchange and any other
terms and conditions of the exchange under this subsection.
(B) Notice.--The Secretaries shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives notice of the
completion of the exchange of Federal land and non-Federal land
under this subsection.
(c) Administration.--
(1) In general.--The Secretary of the Interior shall administer
the non-Federal land acquired under this section in accordance with
the laws generally applicable to units of the National Park System,
including the Act of August 25, 1916 (commonly known as the
``National Park Service Organic Act'') (16 U.S.C. 1 et seq.).
(2) Maps.--
(A) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the
Secretaries.
(B) Transmittal of revised map to congress.--Not later than
180 days after completion of the exchange, the Secretaries
shall transmit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives a revised map that depicts--
(i) the Federal land and non-Federal land exchanged
under this section; and
(ii) the easement described in subsection (b)(2).
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW MEXICO.
(a) Definitions.--In this section:
(1) Claim.--The term ``Claim'' means a claim of the Claimants
to any right, title, or interest in any land located in lot 10,
sec. 22, T. 18 N., R. 12 E., New Mexico Principal Meridian, San
Miguel County, New Mexico, except as provided in subsection (b)(1).
(2) Claimants.--The term ``Claimants'' means Ramona Lawson and
Boyd Lawson.
(3) Federal land.--The term ``Federal land'' means a parcel of
National Forest System land in the Santa Fe National Forest, New
Mexico, that is--
(A) comprised of approximately 6.20 acres of land; and
(B) described and delineated in the survey.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Forest Service Regional Forester,
Southwestern Region.
(5) Survey.--The term ``survey'' means the survey plat entitled
``Boundary Survey and Conservation Easement Plat'', prepared by
Chris A. Chavez, Land Surveyor, Forest Service, NMPLS#12793, and
recorded on February 27, 2007, at book 55, page 93, of the land
records of San Miguel County, New Mexico.
(b) Santa Fe National Forest Land Conveyance.--
(1) In general.--The Secretary shall, except as provided in
subparagraph (A) and subject to valid existing rights, convey and
quitclaim to the Claimants all right, title, and interest of the
United States in and to the Federal land in exchange for--
(A) the grant by the Claimants to the United States of a
scenic easement to the Federal land that--
(i) protects the purposes for which the Federal land
was designated under the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.); and
(ii) is determined to be acceptable by the Secretary;
and
(B) a release of the United States by the Claimants of--
(i) the Claim; and
(ii) any additional related claims of the Claimants
against the United States.
(2) Survey.--The Secretary, with the approval of the Claimants,
may make minor corrections to the survey and legal description of
the Federal land to correct clerical, typographical, and surveying
errors.
(3) Satisfaction of claim.--The conveyance of Federal land
under paragraph (1) shall constitute a full satisfaction of the
Claim.
SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Conveyance Required.--The Secretary of Agriculture shall
convey, without consideration, to the King and Kittitas Counties Fire
District #51 of King and Kittitas Counties, Washington (in this section
referred to as the ``District''), all right, title, and interest of the
United States in and to a parcel of National Forest System land in
Kittitas County, Washington, consisting of approximately 1.5 acres
within the SW\1/4\ of the SE\1/4\ of section 4, township 22 north,
range 11 east, Willamette meridian, for the purpose of permitting the
District to use the parcel as a site for a new Snoqualmie Pass fire and
rescue station.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) Survey.--If necessary, the exact acreage and legal description
of the lands to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary. The cost of a survey shall be
borne by the District.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a), the approximately 36.25 acres patented to the
Mammoth County Water District (now known as the ``Mammoth Community
Water District'') by Patent No. 04-87-0038, on June 26, 1987, and
recorded in volume 482, at page 516, of the official records of the
Recorder's Office, Mono County, California, may be used for any public
purpose.
SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Bountiful, Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map as
``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled ``Bountiful
City Land Consolidation Act'' and dated October 15, 2007.
(4) Non-federal land.--The term ``non-Federal land'' means the
3 parcels of City land comprising a total of approximately 1,680
acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Exchange.--Subject to subsections (d) through (h), if the City
conveys to the Secretary all right, title, and interest of the City in
and to the non-Federal land, the Secretary shall convey to the City all
right, title, and interest of the United States in and to the Federal
land.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Forest Service.
(d) Valuation and Equalization.--
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (b)--
(A) shall be equal, as determined by appraisals carried out
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance with
paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the Secretary or
to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(e) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized under subsection (b), except that the Secretary may
accept a cash equalization payment in excess of 25 percent of the value
of the Federal land.
(f) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange under
subsection (b), the Secretary shall--
(i) require that the City--
(I) assume all liability for the shooting range
located on the Federal land, including the past,
present, and future condition of the Federal land; and
(II) hold the United States harmless for any
liability for the condition of the Federal land; and
(ii) comply with the hazardous substances disclosure
requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A)) shall
not apply to the conveyance of Federal land under subsection
(b).
(2) Additional terms and conditions.--The land exchange under
subsection (b) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
(g) Management of Acquired Land.--The non-Federal land acquired by
the Secretary under subsection (b) shall be--
(1) added to, and administered as part of, the Wasatch-Cache
National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to the
National Forest System.
(h) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out the
land exchange under subsection (b), the Secretary shall ensure that
an easement not less than 60 feet in width is reserved for the
Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and trails
that--
(A) are mutually agreed to by the Secretary and the City;
and
(B) the Secretary and the City consider to be in the public
interest.
(i) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National Forest
System land comprising approximately 220 acres, as generally
depicted on the map that remains after the conveyance of the
Federal land authorized under subsection (b), if the Secretary
determines, in accordance with paragraph (2), that the land or
portion of the land is in excess of the needs of the National
Forest System.
(2) Requirements.--A determination under paragraph (1) shall be
made--
(A) pursuant to an amendment of the land and resource
management plan for the Wasatch-Cache National Forest; and
(B) after carrying out a public process consistent with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Consideration.--As consideration for any conveyance of
Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market value
of the conveyed National Forest System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section 206 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (d) or paragraph (3)
shall be--
(A) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land to be included in the Wasatch-Cache
National Forest.
(6) Additional terms and conditions.--Any conveyance of Federal
land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO RETURN
WILDERNESS.
(a) Purposes.--The purposes of this section are--
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated for
removal from the wilderness area due to encroachment.
(b) Definitions.--In this section:
(1) Land designated for exclusion.--The term ``land designated
for exclusion'' means the parcel of land that is--
(A) comprised of approximately 10.2 acres of land;
(B) generally depicted on the survey plat entitled
``Proposed Boundary Change FCRONRW Sections 15 (unsurveyed)
Township 14 North, Range 13 East, B.M., Custer County, Idaho''
and dated November 14, 2001; and
(C) more particularly described in the survey plat and
legal description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the office of the Intermountain Regional Forester,
Ogden, Utah.
(2) Land designated for inclusion.--The term ``land designated
for inclusion'' means the parcel of National Forest System land
that is--
(A) comprised of approximately 10.2 acres of land;
(B) located in unsurveyed section 22, T. 14 N., R. 13 E.,
Boise Meridian, Custer County, Idaho;
(C) generally depicted on the map entitled ``Challis
National Forest, T.14 N., R. 13 E., B.M., Custer County, Idaho,
Proposed Boundary Change FCRONRW'' and dated September 19,
2007; and
(D) more particularly described on the map and legal
description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the Intermountain Regional Forester, Ogden, Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(4) Wilderness area.--The term ``wilderness area'' means the
Frank Church River of No Return Wilderness designated by section 3
of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note;
94 Stat. 948).
(c) Boundary Adjustment.--
(1) Adjustment to wilderness area.--
(A) Inclusion.--The wilderness area shall include the land
designated for inclusion.
(B) Exclusion.--The wilderness area shall not include the
land designated for exclusion.
(2) Corrections to legal descriptions.--The Secretary may make
corrections to the legal descriptions.
(d) Conveyance of Land Designated for Exclusion.--
(1) In general.--Subject to paragraph (2), to resolve the
encroachment on the land designated for exclusion, the Secretary
may sell for consideration in an amount equal to fair market
value--
(A) the land designated for exclusion; and
(B) as the Secretary determines to be necessary, not more
than 10 acres of land adjacent to the land designated for
exclusion.
(2) Conditions.--The sale of land under paragraph (1) shall be
subject to the conditions that--
(A) the land to be conveyed be appraised in accordance with
the Uniform Appraisal Standards for Federal Land Acquisitions;
(B) the person buying the land shall pay--
(i) the costs associated with appraising and, if the
land needs to be resurveyed, resurveying the land; and
(ii) any analyses and closing costs associated with the
conveyance;
(C) for management purposes, the Secretary may reconfigure
the description of the land for sale; and
(D) the owner of the adjacent private land shall have the
first opportunity to buy the land.
(3) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit the cash
proceeds from a sale of land under paragraph (1) in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(B) Availability and use.--Amounts deposited under
subparagraph (A)--
(i) shall remain available until expended for the
acquisition of land for National Forest purposes in the
State of Idaho; and
(ii) shall not be subject to transfer or reprogramming
for--
(I) wildland fire management; or
(II) any other emergency purposes.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T'uf Shur Bien Preservation Trust Area Act
(16 U.S.C. 539m-11) is amended--
(1) in paragraph (1), by inserting ``3,'' after ``sections'';
and
(2) in the first sentence of paragraph (4), by inserting ``, as
a condition of the conveyance,'' before ``remain''.
Subtitle E--Colorado Northern Front Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that may be
available to assist in maintaining the open space characteristics of
land that is part of the mountain backdrop of communities in the
northern section of the Front Range area of Colorado.
SEC. 3402. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(2) State.--The term ``State'' means the State of Colorado.
(3) Study area.--
(A) In general.--The term ``study area'' means the land in
southern Boulder, northern Jefferson, and northern Gilpin
Counties, Colorado, that is located west of Colorado State
Highway 93, south and east of Colorado State Highway 119, and
north of Colorado State Highway 46, as generally depicted on
the map entitled ``Colorado Northern Front Range Mountain
Backdrop Protection Study Act: Study Area'' and dated August
27, 2008.
(B) Exclusions.--The term ``study area'' does not include
land within the city limits of the cities of Arvada, Boulder,
or Golden, Colorado.
(4) Undeveloped land.--The term ``undeveloped land'' means
land--
(A) that is located within the study area;
(B) that is free or primarily free of structures; and
(C) the development of which is likely to affect adversely
the scenic, wildlife, or recreational value of the study area.
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.
(a) Study; Report.--Not later than 1 year after the date of
enactment of this Act and except as provided in subsection (c), the
Secretary shall--
(1) conduct a study of the land within the study area; and
(2) complete a report that--
(A) identifies the present ownership of the land within the
study area;
(B) identifies any undeveloped land that may be at risk of
development; and
(C) describes any actions that could be taken by the United
States, the State, a political subdivision of the State, or any
other parties to preserve the open and undeveloped character of
the land within the study area.
(b) Requirements.--The Secretary shall conduct the study and
develop the report under subsection (a) with the support and
participation of 1 or more of the following State and local entities:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) Boulder, Jefferson, and Gilpin Counties, Colorado.
(c) Limitation.--If the State and local entities specified in
subsection (b) do not support and participate in the conduct of the
study and the development of the report under this section, the
Secretary may--
(1) decrease the area covered by the study area, as
appropriate; or
(2)(A) opt not to conduct the study or develop the report; and
(B) submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives notice of the decision not to conduct the study or
develop the report.
(d) Effect.--Nothing in this subtitle authorizes the Secretary to
take any action that would affect the use of any land not owned by the
United States.
TITLE IV--FOREST LANDSCAPE RESTORATION
SEC. 4001. PURPOSE.
The purpose of this title is to encourage the collaborative,
science-based ecosystem restoration of priority forest landscapes
through a process that--
(1) encourages ecological, economic, and social sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and reducing
the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health objectives;
and
(ii) affect wildfire activity and management costs; and
(B) the use of forest restoration byproducts can offset
treatment costs while benefitting local rural economies and
improving forest health.
SEC. 4002. DEFINITIONS.
In this title:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4003(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under section
4003(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section 4003(b).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4003(b)(1).
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, shall establish a Collaborative Forest Landscape
Restoration Program to select and fund ecological restoration
treatments for priority forest landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination under
subsection (c), a collaborative forest landscape restoration proposal
shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological restoration
treatments for a 10-year period within a landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested National Forest
System land, but may also include land under the
jurisdiction of the Bureau of Land Management, land under
the jurisdiction of the Bureau of Indian Affairs, or other
Federal, State, tribal, or private land;
(iii) in need of active ecosystem restoration; and
(iv) accessible by existing or proposed wood-processing
infrastructure at an appropriate scale to use woody biomass
and small-diameter wood removed in ecological restoration
treatments;
(C) incorporates the best available science and scientific
application tools in ecological restoration strategies;
(D) fully maintains, or contributes toward the restoration
of, the structure and composition of old growth stands
according to the pre-fire suppression old growth conditions
characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
watershed health and retaining the large trees contributing to
old growth structure;
(E) would carry out any forest restoration treatments that
reduce hazardous fuels by--
(i) focusing on small diameter trees, thinning,
strategic fuel breaks, and fire use to modify fire
behavior, as measured by the projected reduction of
uncharacteristically severe wildfire effects for the forest
type (such as adverse soil impacts, tree mortality or other
impacts); and
(ii) maximizing the retention of large trees, as
appropriate for the forest type, to the extent that the
trees promote fire-resilient stands; and
(F)(i) does not include the establishment of permanent
roads; and
(ii) would commit funding to decommission all temporary
roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons representing
diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
Public Law 106-393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic wildfire, including
through the use of fire for ecological restoration and
maintenance and reestablishing natural fire regimes, where
appropriate;
(B) improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of exotic
species;
(E) maintain, decommission, and rehabilitate roads and
trails;
(F) use woody biomass and small-diameter trees produced
from projects implementing the strategy;
(G) report annually on performance, including through
performance measures from the plan entitled the ``10 Year
Comprehensive Strategy Implementation Plan'' and dated December
2006; and
(H) take into account any applicable community wildfire
protection plan;
(4) analyze any anticipated cost savings, including those
resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing ecological
restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to implement the
proposal; and
(B) the amount of new non-Federal investment for carrying
out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of--
(A) participation by or consultation with State, local, and
Tribal governments; and
(B) any established record of successful collaborative
planning and implementation of ecological restoration projects
on National Forest System land and other land included in the
proposal by the collaborators; and
(7) benefit local economies by providing local employment or
training opportunities through contracts, grants, or agreements for
restoration planning, design, implementation, or monitoring with--
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships,
with State, local, and non-profit youth groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local people to
complete such contracts, grants, or agreements; and
(8) be subject to any other requirements that the Secretary, in
consultation with the Secretary of the Interior, determines to be
necessary for the efficient and effective administration of the
program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs;
or
(iii) other official of the Department of the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may nominate for
selection by the Secretary any proposals that meet the
eligibility criteria established by subsection (b).
(B) Concurrence.--Any proposal nominated by the Regional
Forester that proposes actions under the jurisdiction of the
Secretary of the Interior shall include the concurrence of the
appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs;
or
(iii) other official of the Department of the Interior.
(3) Documentation.--With respect to each proposal that is
nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal funds allocated to
the region to fund those costs of planning and carrying out
ecological restoration treatments on National Forest System
land, consistent with the strategy, that would not be
covered by amounts transferred to the Secretary from the
Fund; and
(ii) provide evidence that amounts proposed to be
transferred to the Secretary from the Fund during the first
2 fiscal years following selection would be used to carry
out ecological restoration treatments consistent with the
strategy during the same fiscal year in which the funds are
transferred to the Secretary;
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the nomination shall include a plan
to fund such actions, consistent with the strategy, by the
appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs;
or
(iii) other official of the Department of the Interior;
and
(C) if actions on land not under the jurisdiction of the
Secretary or the Secretary of the Interior are proposed, the
appropriate Regional Forester shall provide evidence that the
landowner intends to participate in, and provide appropriate
funding to carry out, the actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory panel
established under subsection (e), the Secretary, in consultation
with the Secretary of the Interior, shall, subject to paragraph
(2), select the best proposals that--
(A) have been nominated under subsection (c)(2); and
(B) meet the eligibility criteria established by subsection
(b).
(2) Criteria.--In selecting proposals under paragraph (1), the
Secretary shall give special consideration to--
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the proposal and
the proposed ecological restoration strategies;
(C) the strength of the collaborative process and the
likelihood of successful collaboration throughout
implementation;
(D) whether the proposal is likely to achieve reductions in
long-term wildfire management costs;
(E) whether the proposal would reduce the relative costs of
carrying out ecological restoration treatments as a result of
the use of woody biomass and small-diameter trees; and
(F) whether an appropriate level of non-Federal investment
would be leveraged in carrying out the proposal.
(3) Limitation.--The Secretary may select not more than--
(A) 10 proposals to be funded during any fiscal year;
(B) 2 proposals in any 1 region of the National Forest
System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary determines
are likely to receive adequate funding.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and maintain an
advisory panel comprised of not more than 15 members to evaluate,
and provide recommendations on, each proposal that has been
nominated under subsection (c)(2).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms of the
points of view represented and the functions to be performed by the
advisory panel.
(3) Inclusion.--The advisory panel shall include experts in
ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass and
small-diameter tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Collaborative Forest
Landscape Restoration Fund'', to be used to pay up to 50 percent of
the cost of carrying out and monitoring ecological restoration
treatments on National Forest System land for each proposal
selected to be carried out under subsection (d).
(2) Inclusion.--The cost of carrying out ecological restoration
treatments as provided in paragraph (1) may, as the Secretary
determines to be appropriate, include cancellation and termination
costs required to be obligated for contracts to carry out
ecological restoration treatments on National Forest System land
for each proposal selected to be carried out under subsection (d).
(3) Contents.--The Fund shall consist of such amounts as are
appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary, the Secretary
of the Treasury shall transfer from the Fund to the Secretary
such amounts as the Secretary determines are appropriate, in
accordance with paragraph (1).
(B) Limitation.--The Secretary shall not expend money from
the Fund on any 1 proposal--
(i) during a period of more than 10 fiscal years; or
(ii) in excess of $4,000,000 in any 1 fiscal year.
(5) Accounting and reporting system.--The Secretary shall
establish an accounting and reporting system for the Fund.
(6) Authorization of appropriations.--There is authorized to be
appropriated to the Fund $40,000,000 for each of fiscal years 2009
through 2019, to remain available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the date on which
a proposal is selected to be carried out, the Secretary shall
create, in collaboration with the interested persons, an
implementation work plan and budget to implement the proposal that
includes--
(A) a description of the manner in which the proposal would
be implemented to achieve ecological and community economic
benefit, including capacity building to accomplish restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost reductions over
10 years;
(ii) the anticipated costs for infrastructure needed
for the proposal;
(iii) the projected sustainability of the supply of
woody biomass and small-diameter trees removed in
ecological restoration treatments; and
(iv) the projected local economic benefits of the
proposal;
(C) documentation of the non-Federal investment in the
priority landscape, including the sources and uses of the
investments; and
(D) a plan to decommission any temporary roads established
to carry out the proposal.
(2) Project implementation.--Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process described
in subsection (b)(2).
(3) Annual report.--The Secretary, in collaboration with the
Secretary of the Interior and interested persons, shall prepare an
annual report on the accomplishments of each selected proposal that
includes--
(A) a description of all acres (or other appropriate unit)
treated and restored through projects implementing the
strategy;
(B) an evaluation of progress, including performance
measures and how prior year evaluations have contributed to
improved project performance;
(C) a description of community benefits achieved, including
any local economic benefits;
(D) the results of the multiparty monitoring, evaluation,
and accountability process under paragraph (4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretary shall, in
collaboration with the Secretary of the Interior and interested
persons, use a multiparty monitoring, evaluation, and
accountability process to assess the positive or negative
ecological, social, and economic effects of projects implementing a
selected proposal for not less than 15 years after project
implementation commences.
(h) Report.--Not later than 5 years after the first fiscal year in
which funding is made available to carry out ecological restoration
projects under the program, and every 5 years thereafter, the
Secretary, in consultation with the Secretary of the Interior, shall
submit a report on the program, including an assessment of whether, and
to what extent, the program is fulfilling the purposes of this title,
to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary and the
Secretary of the Interior such sums as are necessary to carry out this
title.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1852) is amended by adding at the end the
following:
``(205) Fossil creek, arizona.--Approximately 16.8 miles of
Fossil Creek from the confluence of Sand Rock and Calf Pen Canyons
to the confluence with the Verde River, to be administered by the
Secretary of Agriculture in the following classes:
``(A) The approximately 2.7-mile segment from the
confluence of Sand Rock and Calf Pen Canyons to the point where
the segment exits the Fossil Spring Wilderness, as a wild
river.
``(B) The approximately 7.5-mile segment from where the
segment exits the Fossil Creek Wilderness to the boundary of
the Mazatzal Wilderness, as a recreational river.
``(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with the Verde
River, as a wild river.''.
SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.
(a) Short Title.--This section may be cited as the ``Craig Thomas
Snake Headwaters Legacy Act of 2008''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the headwaters of the Snake River System in northwest
Wyoming feature some of the cleanest sources of freshwater,
healthiest native trout fisheries, and most intact rivers and
streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the Snake
River System--
(i) provide unparalleled fishing, hunting, boating, and
other recreational activities for--
(I) local residents; and
(II) millions of visitors from around the world;
and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System generate
millions of dollars for the economies of--
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of the
United States enjoy the benefits of the rivers and streams of
the headwaters of the Snake River System, Congress should apply
the protections provided by the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.) to those rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) will signify to the
citizens of the United States the importance of maintaining the
outstanding and remarkable qualities of the Snake River System
while--
(i) preserving public access to those rivers and
streams;
(ii) respecting private property rights (including
existing water rights); and
(iii) continuing to allow historic uses of the rivers
and streams.
(2) Purposes.--The purposes of this section are--
(A) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific,
historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to
deliver water and operate and maintain valuable irrigation
water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers System.
(c) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the Chief
of the Forest Service), with respect to each river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) that is not located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to each
river segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (d)) that is located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
(d) Wild and Scenic River Designations, Snake River Headwaters,
Wyoming.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 5001) is amended by adding at the end
the following:
``(206) Snake river headwaters, wyoming.--The following
segments of the Snake River System, in the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey Creek,
from the divide with the Little Greys River north to its
confluence with the Snake River, as a wild river.
``(B) Blackrock creek.--The 22-mile segment from its source
to the Bridger-Teton National Forest boundary, as a scenic
river.
``(C) Buffalo fork of the snake river.--The portions of the
Buffalo Fork of the Snake River, consisting of--
``(i) the 55-mile segment consisting of the North Fork,
the Soda Fork, and the South Fork, upstream from Turpin
Meadows, as a wild river;
``(ii) the 14-mile segment from Turpin Meadows to the
upstream boundary of Grand Teton National Park, as a scenic
river; and
``(iii) the 7.7-mile segment from the upstream boundary
of Grand Teton National Park to its confluence with the
Snake River, as a scenic river.
``(D) Crystal creek.--The portions of Crystal Creek,
consisting of--
``(i) the 14-mile segment from its source to the Gros
Ventre Wilderness boundary, as a wild river; and
``(ii) the 5-mile segment from the Gros Ventre
Wilderness boundary to its confluence with the Gros Ventre
River, as a scenic river.
``(E) Granite creek.--The portions of Granite Creek,
consisting of--
``(i) the 12-mile segment from its source to the end of
Granite Creek Road, as a wild river; and
``(ii) the 9.5-mile segment from Granite Hot Springs to
the point 1 mile upstream from its confluence with the
Hoback River, as a scenic river.
``(F) Gros ventre river.--The portions of the Gros Ventre
River, consisting of--
``(i) the 16.5-mile segment from its source to Darwin
Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin Ranch to the
upstream boundary of Grand Teton National Park, excluding
the section along Lower Slide Lake, as a scenic river; and
``(iii) the 3.3-mile segment flowing across the
southern boundary of Grand Teton National Park to the
Highlands Drive Loop Bridge, as a scenic river.
``(G) Hoback river.--The 10-mile segment from the point 10
miles upstream from its confluence with the Snake River to its
confluence with the Snake River, as a recreational river.
``(H) Lewis river.--The portions of the Lewis River,
consisting of--
``(i) the 5-mile segment from Shoshone Lake to Lewis
Lake, as a wild river; and
``(ii) the 12-mile segment from the outlet of Lewis
Lake to its confluence with the Snake River, as a scenic
river.
``(I) Pacific creek.--The portions of Pacific Creek,
consisting of--
``(i) the 22.5-mile segment from its source to the
Teton Wilderness boundary, as a wild river; and
``(ii) the 11-mile segment from the Wilderness boundary
to its confluence with the Snake River, as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its source to
the point 8 miles downstream from its source, as a wild river.
``(K) Snake river.--The portions of the Snake River,
consisting of--
``(i) the 47-mile segment from its source to Jackson
Lake, as a wild river;
``(ii) the 24.8-mile segment from 1 mile downstream of
Jackson Lake Dam to 1 mile downstream of the Teton Park
Road bridge at Moose, Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth of the
Hoback River to the point 1 mile upstream from the Highway
89 bridge at Alpine Junction, as a recreational river, the
boundary of the western edge of the corridor for the
portion of the segment extending from the point 3.3 miles
downstream of the mouth of the Hoback River to the point 4
miles downstream of the mouth of the Hoback River being the
ordinary high water mark.
``(L) Willow creek.--The 16.2-mile segment from the point
16.2 miles upstream from its confluence with the Hoback River
to its confluence with the Hoback River, as a wild river.
``(M) Wolf creek.--The 7-mile segment from its source to
its confluence with the Snake River, as a wild river.''.
(e) Management.--
(1) In general.--Each river segment described in paragraph
(205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (d)) shall be managed by the
Secretary concerned.
(2) Management plan.--
(A) In general.--In accordance with subparagraph (A), not
later than 3 years after the date of enactment of this Act, the
Secretary concerned shall develop a management plan for each
river segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (d)) that is located in an area under the
jurisdiction of the Secretary concerned.
(B) Required component.--Each management plan developed by
the Secretary concerned under subparagraph (A) shall contain,
with respect to the river segment that is the subject of the
plan, a section that contains an analysis and description of
the availability and compatibility of future development with
the wild and scenic character of the river segment (with
particular emphasis on each river segment that contains 1 or
more parcels of private land).
(3) Quantification of water rights reserved by river
segments.--
(A) The Secretary concerned shall apply for the
quantification of the water rights reserved by each river
segment designated by this section in accordance with the
procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this section--
(i) the purposes for which the segments are designated,
as set forth in this section, are declared to be beneficial
uses; and
(ii) the priority date of such right shall be the date
of enactment of this Act.
(4) Stream gauges.--Consistent with the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.), the Secretary may carry out
activities at United States Geological Survey stream gauges that
are located on the Snake River (including tributaries of the Snake
River), including flow measurements and operation, maintenance, and
replacement.
(5) Consent of property owner.--No property or interest in
property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) may be
acquired by the Secretary without the consent of the owner of the
property or interest in property.
(6) Effect of designations.--
(A) In general.--Nothing in this section affects valid
existing rights, including--
(i) all interstate water compacts in existence on the
date of enactment of this Act (including full development
of any apportionment made in accordance with the compacts);
(ii) water rights in the States of Idaho and Wyoming;
and
(iii) water rights held by the United States.
(B) Jackson lake; jackson lake dam.--Nothing in this
section shall affect the management and operation of Jackson
Lake or Jackson Lake Dam, including the storage, management,
and release of water.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended by
adding at the end the following:
``(207) Taunton river, massachusetts.--The main stem of the
Taunton River from its headwaters at the confluence of the Town and
Matfield Rivers in the Town of Bridgewater downstream 40 miles to
the confluence with the Quequechan River at the Route 195 Bridge in
the City of Fall River, to be administered by the Secretary of the
Interior in cooperation with the Taunton River Stewardship Council
as follows:
``(A) The 18-mile segment from the confluence of the Town
and Matfield Rivers to Route 24 in the Town of Raynham, as a
scenic river.
``(B) The 5-mile segment from Route 24 to 0.5 miles below
Weir Bridge in the City of Taunton, as a recreational river.
``(C) The 8-mile segment from 0.5 miles below Weir Bridge
to Muddy Cove in the Town of Dighton, as a scenic river.
``(D) The 9-mile segment from Muddy Cove to the confluence
with the Quequechan River at the Route 195 Bridge in the City
of Fall River, as a recreational river.''.
(b) Management of Taunton River, Massachusetts.--
(1) Taunton river stewardship plan.--
(A) In general.--Each river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added by
subsection (a)) shall be managed in accordance with the Taunton
River Stewardship Plan, dated July 2005 (including any
amendment to the Taunton River Stewardship Plan that the
Secretary of the Interior (referred to in this subsection as
the ``Secretary'') determines to be consistent with this
section).
(B) Effect.--The Taunton River Stewardship Plan described
in subparagraph (A) shall be considered to satisfy each
requirement relating to the comprehensive management plan
required under section 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
(2) Cooperative agreements.--To provide for the long-term
protection, preservation, and enhancement of each river segment
designated by section 3(a)(206) of the Wild and Scenic Rivers Act
(as added by subsection (a)), pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and
1282(b)(1)), the Secretary may enter into cooperative agreements
(which may include provisions for financial and other assistance)
with--
(A) the Commonwealth of Massachusetts (including political
subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined
by the Secretary.
(3) Relation to national park system.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each
river segment designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a)) shall not be--
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) that govern
the administration of the National Park System.
(4) Land management.--
(A) Zoning ordinances.--The zoning ordinances adopted by
the Towns of Bridgewater, Halifax, Middleborough, Raynham,
Berkley, Dighton, Freetown, and Somerset, and the Cities of
Taunton and Fall River, Massachusetts (including any provision
of the zoning ordinances relating to the conservation of
floodplains, wetlands, and watercourses associated with any
river segment designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a))), shall be
considered to satisfy each standard and requirement described
in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(B) Villages.--For the purpose of section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described
in subparagraph (A) shall be considered to be a village.
(C) Acquisition of land.--
(i) Limitation of authority of secretary.--With respect
to each river segment designated by section 3(a)(206) of
the Wild and Scenic Rivers Act (as added by subsection
(a)), the Secretary may only acquire parcels of land--
(I) by donation; or
(II) with the consent of the owner of the parcel of
land.
(ii) Prohibition relating to acquisition of land by
condemnation.--In accordance with section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to
each river segment designated by section 3(a)(206) of the
Wild and Scenic Rivers Act (as added by subsection (a)),
the Secretary may not acquire any parcel of land by
condemnation.
Subtitle B--Wild and Scenic Rivers Studies
SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) Designation for Study.--Section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the
following:
``(140) Missisquoi and trout rivers, vermont.--The
approximately 25-mile segment of the upper Missisquoi from its
headwaters in Lowell to the Canadian border in North Troy, the
approximately 25-mile segment from the Canadian border in East
Richford to Enosburg Falls, and the approximately 20-mile segment
of the Trout River from its headwaters to its confluence with the
Missisquoi River.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
``(19) Missisquoi and trout rivers, vermont.--Not later than 3
years after the date on which funds are made available to carry out
this paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
``(B) submit a report describing the results of that study
to the appropriate committees of Congress.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle C--Additions to the National Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC 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:
``(27) Arizona national scenic trail.--
``(A) In general.--The Arizona National Scenic Trail,
extending approximately 807 miles across the State of Arizona
from the U.S.-Mexico international border to the Arizona-Utah
border, as generally depicted on the map entitled `Arizona
National Scenic Trail' and dated December 5, 2007, to be
administered by the Secretary of Agriculture, in consultation
with the Secretary of the Interior and appropriate State,
tribal, and local governmental agencies.
``(B) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Forest Service.''.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
(a) Authorization and Administration.--Section 5(a) of the National
Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is
amended by adding at the end the following:
``(28) New england national scenic trail.--The New England
National Scenic Trail, a continuous trail extending approximately
220 miles from the border of New Hampshire in the town of
Royalston, Massachusetts to Long Island Sound in the town of
Guilford, Connecticut, as generally depicted on the map titled `New
England National Scenic Trail Proposed Route', numbered T06/80,000,
and dated October 2007. The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service. The Secretary of the Interior, in consultation with
appropriate Federal, State, tribal, regional, and local agencies,
and other organizations, shall administer the trail after
considering the recommendations of the report titled the `Metacomet
Monadnock Mattabesset Trail System National Scenic Trail
Feasibility Study and Environmental Assessment', prepared by the
National Park Service, and dated Spring 2006. The United States
shall not acquire for the trail any land or interest in land
without the consent of the owner.''.
(b) Management.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall consider the actions outlined in
the Trail Management Blueprint described in the report titled the
``Metacomet Monadnock Mattabesett Trail System National Scenic Trail
Feasibility Study and Environmental Assessment'', prepared by the
National Park Service, and dated Spring 2006, as the framework for
management and administration of the New England National Scenic Trail.
Additional or more detailed plans for administration, management,
protection, access, maintenance, or development of the trail may be
developed consistent with the Trail Management Blueprint, and as
approved by the Secretary.
(c) Cooperative Agreements.--The Secretary is authorized to enter
into cooperative agreements with the Commonwealth of Massachusetts (and
its political subdivisions), the State of Connecticut (and its
political subdivisions), and other regional, local, and private
organizations deemed necessary and desirable to accomplish cooperative
trail administrative, management, and protection objectives consistent
with the Trail Management Blueprint. An agreement under this subsection
may include provisions for limited financial assistance to encourage
participation in the planning, acquisition, protection, operation,
development, or maintenance of the trail.
(d) Additional Trail Segments.--Pursuant to section 6 of the
National Trails System Act (16 U.S.C. 1245), the Secretary is
encouraged to work with the State of New Hampshire and appropriate
local and private organizations to include that portion of the
Metacomet-Monadnock Trail in New Hampshire (which lies between
Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of
the New England National Scenic Trail. Inclusion of this segment, as
well as other potential side or connecting trails, is contingent upon
written application to the Secretary by appropriate State and local
jurisdictions and a finding by the Secretary that trail management and
administration is consistent with the Trail Management Blueprint.
SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) at the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of the States of Montana, Idaho, Washington
and Oregon;
(B) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary natural
phenomenon are present on Federal, State, tribal, county,
municipal, and private land in the region; and
(C) in 2001, a joint study team headed by the National Park
Service that included about 70 members from public and private
entities completed a study endorsing the establishment of an
Ice Age Floods National Geologic Trail--
(i) to recognize the national significance of this
phenomenon; and
(ii) to coordinate public and private sector entities
in the presentation of the story of the Ice Age floods.
(2) Purpose.--The purpose of this section is to designate the
Ice Age Floods National Geologic Trail in the States of Montana,
Idaho, Washington, and Oregon, enabling the public to view,
experience, and learn about the features and story of the Ice Age
floods through the collaborative efforts of public and private
entities.
(b) Definitions.--In this section:
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what is
now the northwestern United States during the last Ice Age from
massive, rapid and recurring drainage of Glacial Lake Missoula.
(2) Plan.--The term ``plan'' means the cooperative management
and interpretation plan authorized under subsection (f)(5).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by subsection (c).
(c) Designation.--In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural and
cultural features of the Ice Age floods and to promote collaborative
efforts for interpretation and education among public and private
entities located along the pathways of the floods, there is designated
the Ice Age Floods National Geologic Trail.
(d) Location.--
(1) Map.--The route of the Trail shall be as generally depicted
on the map entitled ``Ice Age Floods National Geologic Trail,''
numbered P43/80,000 and dated June 2004.
(2) Route.--The route shall generally follow public roads and
highways.
(3) Revision.--The Secretary may revise the map by publication
in the Federal Register of a notice of availability of a new map as
part of the plan.
(e) Map Availability.--The map referred to in subsection (d)(1)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(f) Administration.--
(1) In general.--The Secretary, acting through the Director of
the National Park Service, shall administer the Trail in accordance
with this section.
(2) Limitation.--Except as provided in paragraph (6)(B), the
Trail shall not be considered to be a unit of the National Park
System.
(3) Trail management office.--To improve management of the
Trail and coordinate Trail activities with other public agencies
and private entities, the Secretary may establish and operate a
trail management office at a central location within the vicinity
of the Trail.
(4) Interpretive facilities.--The Secretary may plan, design,
and construct interpretive facilities for sites associated with the
Trail if the facilities are constructed in partnership with State,
local, tribal, or non-profit entities and are consistent with the
plan.
(5) Management plan.--
(A) In general.--Not later than 3 years after funds are
made available to carry out this section, the Secretary shall
prepare a cooperative management and interpretation plan for
the Trail.
(B) Consultation.--The Secretary shall prepare the plan in
consultation with--
(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
(C) Contents.--The plan shall--
(i) confirm and, if appropriate, expand on the
inventory of features of the floods contained in the
National Park Service study entitled ``Ice Age Floods,
Study of Alternatives and Environmental Assessment''
(February 2001) by--
(I) locating features more accurately;
(II) improving the description of features; and
(III) reevaluating the features in terms of their
interpretive potential;
(ii) review and, if appropriate, modify the map of the
Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated
development of the Trail, including an interpretive plan
for facilities, waysides, roadside pullouts, exhibits,
media, and programs that present the story of the floods to
the public effectively; and
(iv) identify potential partnering opportunities in the
development of interpretive facilities and educational
programs to educate the public about the story of the
floods.
(6) Cooperative management.--
(A) In general.--In order to facilitate the development of
coordinated interpretation, education, resource stewardship,
visitor facility development and operation, and scientific
research associated with the Trail and to promote more
efficient administration of the sites associated with the
Trail, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of Montana,
Idaho, Washington, and Oregon in accordance with the authority
provided for units of the National Park System under section
3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(B) Authority.--For purposes of this paragraph only, the
Trail shall be considered a unit of the National Park System.
(7) Cooperative agreements.--The Secretary may enter into
cooperative agreements with public or private entities to carry out
this section.
(8) Effect on private property rights.--Nothing in this
section--
(A) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(B) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(9) Liability.--Designation of the Trail by subsection (c) does
not create any liability for, or affect any liability under any law
of, any private property owner with respect to any person injured
on the private property.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, of
which not more than $12,000,000 may be used for development of the
Trail.
SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC
TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
(as amended by section 5202(a)) is amended by adding at the end the
following:
``(29) Washington-rochambeau revolutionary route national
historic trail.--
``(A) In general.--The Washington-Rochambeau Revolutionary
Route National Historic Trail, a corridor of approximately 600
miles following the route taken by the armies of General George
Washington and Count Rochambeau between Newport, Rhode Island,
and Yorktown, Virginia, in 1781 and 1782, as generally depicted
on the map entitled `WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE
NATIONAL HISTORIC TRAIL', numbered T01/80,001, and dated June
2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
``(C) Administration.--The trail shall be administered by
the Secretary of the Interior, in consultation with--
``(i) other Federal, State, tribal, regional, and local
agencies; and
``(ii) the private sector.
``(D) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land outside the
exterior boundary of any federally-managed area without the
consent of the owner of the land or interest in land.''.
SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
(as amended by section 5204) is amended by adding at the end the
following:
``(30) Pacific northwest national scenic trail.--
``(A) In general.--The Pacific Northwest National Scenic
Trail, a trail of approximately 1,200 miles, extending from the
Continental Divide in Glacier National Park, Montana, to the
Pacific Ocean Coast in Olympic National Park, Washington,
following the route depicted on the map entitled `Pacific
Northwest National Scenic Trail: Proposed Trail', numbered T12/
80,000, and dated February 2008 (referred to in this paragraph
as the `map').
``(B) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
``(C) Administration.--The Pacific Northwest National
Scenic Trail shall be administered by the Secretary of
Agriculture.
``(D) Land acquisition.--The United States shall not
acquire for the Pacific Northwest National Scenic Trail any
land or interest in land outside the exterior boundary of any
federally-managed area without the consent of the owner of the
land or interest in land.''.
SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16 U.S.C.
1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
``(C) In addition to the areas otherwise designated under
this paragraph, the following routes and land components by
which the Cherokee Nation was removed to Oklahoma are
components of the Trail of Tears National Historic Trail, as
generally described in the environmentally preferred
alternative of the November 2007 Feasibility Study Amendment
and Environmental Assessment for Trail of Tears National
Historic Trail:
``(i) The Benge and Bell routes.
``(ii) The land components of the designated water
routes in Alabama, Arkansas, Oklahoma, and Tennessee.
``(iii) The routes from the collection forts in
Alabama, Georgia, North Carolina, and Tennessee to the
emigration depots.
``(iv) The related campgrounds located along the routes
and land components described in clauses (i) through
(iii).''.
(2) In subparagraph (D)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``No lands or
interests in lands outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the Trail of Tears National Historic Trail
except with the consent of the owner thereof.''.
Subtitle D--National Trail System Amendments
SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) Authority To Acquire Land From Willing Sellers for Certain
Trails.--
(1) Oregon national historic trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.''.
(2) Mormon pioneer national historic trail.--Section 5(a)(4) of
the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.''.
(3) Continental divide national scenic trail.--Section 5(a)(5)
of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended
by adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.''.
(4) Lewis and clark national historic trail.--Section 5(a)(6)
of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended
by adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.''.
(5) Iditarod national historic trail.--Section 5(a)(7) of the
National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.''.
(6) North country national scenic trail.--Section 5(a)(8) of
the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land.''.
(7) Ice age national scenic trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land.''.
(8) Potomac heritage national scenic trail.--Section 5(a)(11)
of the National Trails System Act (16 U.S.C. 1244(a)(11)) is
amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land.''.
(9) Nez perce national historic trail.--Section 5(a)(14) of the
National Trails System Act (16 U.S.C. 1244(a)(14)) is amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(b) Conforming Amendment.--Section 10 of the National Trails System
Act (16 U.S.C. 1249) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this Act,
there are authorized to be appropriated such sums as are necessary
to implement the provisions of this Act relating to the trails
designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as the
`trail') designated by section 5(a)(12)--
``(i) not more than $500,000 shall be appropriated for
the acquisition of land or interests in land for the trail;
and
``(ii) not more than $2,000,000 shall be appropriated
for the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage volunteer
trail groups to participate in the development of the trail.''.
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING
NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (16 U.S.C. 1244) is
amended by adding at the end the following:
``(g) Revision of Feasibility and Suitability Studies of Existing
National Historic Trails.--
``(1) Definitions.--In this subsection:
``(A) Route.--The term `route' includes a trail segment
commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means a route
that was a segment of more than 1 historic trail, including a
route shared with an existing national historic trail.
``(2) Requirements for revision.--
``(A) In general.--The Secretary of the Interior shall
revise the feasibility and suitability studies for certain
national trails for consideration of possible additions to the
trails.
``(B) Study requirements and objectives.--The study
requirements and objectives specified in subsection (b) shall
apply to a study required by this subsection.
``(C) Completion and submission of study.--A study listed
in this subsection shall be completed and submitted to Congress
not later than 3 complete fiscal years from the date funds are
made available for the study.
``(3) Oregon national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Oregon Trail listed in
subparagraph (B) and generally depicted on the map entitled
`Western Emigrant Trails 1830/1870' and dated 1991/1993, and of
such other routes of the Oregon Trail that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Whitman Mission route.
``(ii) Upper Columbia River.
``(iii) Cowlitz River route.
``(iv) Meek cutoff.
``(v) Free Emigrant Road.
``(vi) North Alternate Oregon Trail.
``(vii) Goodale's cutoff.
``(viii) North Side alternate route.
``(ix) Cutoff to Barlow road.
``(x) Naches Pass Trail.
``(4) Pony express national historic trail.--The Secretary of
the Interior shall undertake a study of the approximately 20-mile
southern alternative route of the Pony Express Trail from Wathena,
Kansas, to Troy, Kansas, and such other routes of the Pony Express
Trail that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of the
routes as components of the Pony Express National Historic Trail.
``(5) California national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the Missouri Valley, central, and western
routes of the California Trail listed in subparagraph (B) and
generally depicted on the map entitled `Western Emigrant Trails
1830/1870' and dated 1991/1993, and of such other and shared
Missouri Valley, central, and western routes that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the California National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Missouri valley routes.--
``(I) Blue Mills-Independence Road.
``(II) Westport Landing Road.
``(III) Westport-Lawrence Road.
``(IV) Fort Leavenworth-Blue River route.
``(V) Road to Amazonia.
``(VI) Union Ferry Route.
``(VII) Old Wyoming-Nebraska City cutoff.
``(VIII) Lower Plattsmouth Route.
``(IX) Lower Bellevue Route.
``(X) Woodbury cutoff.
``(XI) Blue Ridge cutoff.
``(XII) Westport Road.
``(XIII) Gum Springs-Fort Leavenworth route.
``(XIV) Atchison/Independence Creek routes.
``(XV) Fort Leavenworth-Kansas River route.
``(XVI) Nebraska City cutoff routes.
``(XVII) Minersville-Nebraska City Road.
``(XVIII) Upper Plattsmouth route.
``(XIX) Upper Bellevue route.
``(ii) Central routes.--
``(I) Cherokee Trail, including splits.
``(II) Weber Canyon route of Hastings cutoff.
``(III) Bishop Creek cutoff.
``(IV) McAuley cutoff.
``(V) Diamond Springs cutoff.
``(VI) Secret Pass.
``(VII) Greenhorn cutoff.
``(VIII) Central Overland Trail.
``(iii) Western routes.--
``(I) Bidwell-Bartleson route.
``(II) Georgetown/Dagget Pass Trail.
``(III) Big Trees Road.
``(IV) Grizzly Flat cutoff.
``(V) Nevada City Road.
``(VI) Yreka Trail.
``(VII) Henness Pass route.
``(VIII) Johnson cutoff.
``(IX) Luther Pass Trail.
``(X) Volcano Road.
``(XI) Sacramento-Coloma Wagon Road.
``(XII) Burnett cutoff.
``(XIII) Placer County Road to Auburn.
``(6) Mormon pioneer national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Mormon Pioneer Trail
listed in subparagraph (B) and generally depicted in the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and of such other routes of the Mormon Pioneer Trail that
the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of the
routes as components of the Mormon Pioneer National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) 1846 Subsequent routes A and B (Lucas and Clarke
Counties, Iowa).
``(ii) 1856-57 Handcart route (Iowa City to Council
Bluffs).
``(iii) Keokuk route (Iowa).
``(iv) 1847 Alternative Elkhorn and Loup River
Crossings in Nebraska.
``(v) Fort Leavenworth Road; Ox Bow route and
alternates in Kansas and Missouri (Oregon and California
Trail routes used by Mormon emigrants).
``(vi) 1850 Golden Pass Road in Utah.
``(7) Shared california and oregon trail routes.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the shared routes of the California Trail
and Oregon Trail listed in subparagraph (B) and generally
depicted on the map entitled `Western Emigrant Trails 1830/
1870' and dated 1991/1993, and of such other shared routes that
the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of the
routes as shared components of the California National Historic
Trail and the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) St. Joe Road.
``(ii) Council Bluffs Road.
``(iii) Sublette cutoff.
``(iv) Applegate route.
``(v) Old Fort Kearny Road (Oxbow Trail).
``(vi) Childs cutoff.
``(vii) Raft River to Applegate.''.
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following:
``(44) Chisholm trail.--
``(A) In general.--The Chisholm Trail (also known as the
`Abilene Trail'), from the vicinity of San Antonio, Texas,
segments from the vicinity of Cuero, Texas, to Ft. Worth,
Texas, Duncan, Oklahoma, alternate segments used through
Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita, Kansas,
Abilene, Kansas, and commonly used segments running to
alternative Kansas destinations.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of the Interior shall identify
the point at which the trail originated south of San Antonio,
Texas.
``(45) Great western trail.--
``(A) In general.--The Great Western Trail (also known as
the `Dodge City Trail'), from the vicinity of San Antonio,
Texas, north-by-northwest through the vicinities of Kerrville
and Menard, Texas, north-by-northeast through the vicinities of
Coleman and Albany, Texas, north through the vicinity of
Vernon, Texas, to Doan's Crossing, Texas, northward through or
near the vicinities of Altus, Lone Wolf, Canute, Vici, and May,
Oklahoma, north through Kansas to Dodge City, and north through
Nebraska to Ogallala.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of the Interior shall identify
the point at which the trail originated south of San Antonio,
Texas.''.
Subtitle E--Effect of Title
SEC. 5401. EFFECT.
(a) Effect on Access for Recreational Activities.--Nothing in this
title shall be construed as affecting access for recreational
activities otherwise allowed by law or regulation, including hunting,
fishing, or trapping.
(b) Effect on State Authority.--Nothing in this title shall be
construed as affecting the authority, jurisdiction, or responsibility
of the several States to manage, control, or regulate fish and resident
wildlife under State law or regulations, including the regulation of
hunting, fishing, and trapping.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
SEC. 6001. DEFINITIONS.
In this subtitle:
(1) Affected stakeholder.--The term ``affected stakeholder''
means an entity that significantly affects, or is significantly
affected by, the quality or quantity of water in a watershed, as
determined by the Secretary.
(2) Grant recipient.--The term ``grant recipient'' means a
watershed group that the Secretary has selected to receive a grant
under section 6002(c)(2).
(3) Program.--The term ``program'' means the Cooperative
Watershed Management Program established by the Secretary under
section 6002(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Watershed group.--The term ``watershed group'' means a
self-sustaining, cooperative watershed-wide group that--
(A) is comprised of representatives of the affected
stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of
stakeholders, including, to the maximum extent practicable--
(i) representatives of--
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural production;
(VII) the environment;
(VIII) potable water purveyors and industrial water
users; and
(IX) private property owners within the watershed;
(ii) any Federal agency that has authority with respect
to the watershed;
(iii) any State agency that has authority with respect
to the watershed;
(iv) any local agency that has authority with respect
to the watershed; and
(v) any Indian tribe that--
(I) owns land within the watershed; or
(II) has land in the watershed that is held in
trust;
(C) is a grassroots, nonregulatory entity that addresses
water availability and quality issues within the relevant
watershed;
(D) is capable of promoting the sustainable use of the
water resources of the relevant watershed and improving the
functioning condition of rivers and streams through--
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined in the
bylaws of the watershed group.
(6) Watershed management project.--The term ``watershed
management project'' means any project (including a demonstration
project) that--
(A) enhances water conservation, including alternative
water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water quality
or quantity that the Secretary determines to be appropriate.
SEC. 6002. PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program, to be
known as the ``Cooperative Watershed Management Program'', under which
the Secretary shall provide grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the goals
of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--Not later
than 1 year after the date of enactment of this Act, the Secretary
shall establish--
(A) an application process for the program; and
(B) in consultation with the States, prioritization and
eligibility criteria for considering applications submitted in
accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under this
section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that--
(i) represent maximum diversity of interests; or
(ii) serve subbasin-sized watersheds with an 8-digit
hydrologic unit code, as defined by the United States
Geological Survey.
(2) Funding procedure.--
(A) First phase.--
(i) In general.--The Secretary may provide to a grant
recipient a first-phase grant in an amount not greater than
$100,000 each year for a period of not more than 3 years.
(ii) Mandatory use of funds.--A grant recipient that
receives a first-phase grant shall use the funds--
(I) to establish or enlarge a watershed group;
(II) to develop a mission statement for the
watershed group;
(III) to develop project concepts; and
(IV) to develop a restoration plan.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of a first-phase
grant, not later than 270 days after the date on which
a grant recipient first receives grant funds for the
year, the Secretary shall determine whether the grant
recipient has made sufficient progress during the year
to justify additional funding.
(II) Effect of determination.--If the Secretary
determines under subclause (I) that the progress of a
grant recipient during the year covered by the
determination justifies additional funding, the
Secretary shall provide to the grant recipient grant
funds for the following year.
(iv) Advancement conditions.--A grant recipient shall
not be eligible to receive a second-phase grant under
subparagraph (B) until the date on which the Secretary
determines that the watershed group--
(I) has approved articles of incorporation and
bylaws governing the organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission statement; and
(cc) has developed a restoration plan and project
concepts for the watershed.
(v) Exception.--A watershed group that has not applied
for or received first-phase grants may apply for and
receive second-phase grants under subparagraph (B) if the
Secretary determines that the group has satisfied the
requirements of first-phase grants.
(B) Second phase.--
(i) In general.--A watershed group may apply for and
receive second-phase grants of $1,000,000 each year for a
period of not more than 4 years if--
(I) the watershed group has applied for and
received watershed grants under subparagraph (A); or
(II) the Secretary determines that the watershed
group has satisfied the requirements of first-phase
grants.
(ii) Mandatory use of funds.--A grant recipient that
receives a second-phase grant shall use the funds to plan
and carry out watershed management projects.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of the second-
phase grant, not later than 270 days after the date on
which a grant recipient first receives grant funds for
the year, the Secretary shall determine whether the
grant recipient has made sufficient progress during the
year to justify additional funding.
(II) Effect of determination.--If the Secretary
determines under subclause (I) that the progress of a
grant recipient during the year justifies additional
funding, the Secretary shall provide to the grant
recipient grant funds for the following year.
(iv) Advancement condition.--A grant recipient shall
not be eligible to receive a third-phase grant under
subparagraph (C) until the date on which the Secretary
determines that the grant recipient has--
(I) completed each requirement of the second-phase
grant; and
(II) demonstrated that 1 or more pilot projects of
the grant recipient have resulted in demonstrable
improvements, as determined by the Secretary, in the
functioning condition of at least 1 river or stream in
the watershed.
(C) Third phase.--
(i) Funding limitation.--
(I) In general.--Except as provided in subclause
(II), the Secretary may provide to a grant recipient a
third-phase grant in an amount not greater than
$5,000,000 for a period of not more than 5 years.
(II) Exception.--The Secretary may provide to a
grant recipient a third-phase grant in an amount that
is greater than the amount described in subclause (I)
if the Secretary determines that the grant recipient is
capable of using the additional amount to further the
purposes of the program in a way that could not
otherwise be achieved by the grant recipient using the
amount described in subclause (I).
(ii) Mandatory use of funds.--A grant recipient that
receives a third-phase grant shall use the funds to plan
and carry out at least 1 watershed management project.
(3) Authorizing use of funds for administrative and other
costs.--A grant recipient that receives a grant under this section
may use the funds--
(A) to pay for--
(i) administrative and coordination costs, if the costs
are not greater than the lesser of--
(I) 20 percent of the total amount of the grant; or
(II) $100,000;
(ii) the salary of not more than 1 full-time employee
of the watershed group; and
(iii) any legal fees arising from the establishment of
the relevant watershed group; and
(B) to fund--
(i) water quality and quantity studies of the relevant
watershed; and
(ii) the planning, design, and implementation of any
projects relating to water quality or quantity.
(d) Cost Share.--
(1) Planning.--The Federal share of the cost of an activity
provided assistance through a first-phase grant shall be 100
percent.
(2) Projects carried out under second phase.--
(A) In general.--The Federal share of the cost of any
activity of a watershed management project provided assistance
through a second-phase grant shall not exceed 50 percent of the
total cost of the activity.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(3) Projects carried out under third phase.--
(A) In general.--The Federal share of the costs of any
activity of a watershed group of a grant recipient relating to
a watershed management project provided assistance through a
third-phase grant shall not exceed 50 percent of the total
costs of the watershed management project.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(e) Annual Reports.--
(1) In general.--Not later than 1 year after the date on which
a grant recipient first receives funds under this section, and
annually thereafter, in accordance with paragraph (2), the
watershed group shall submit to the Secretary a report that
describes the progress of the watershed group.
(2) Required degree of detail.--The contents of an annual
report required under paragraph (1) shall contain sufficient
information to enable the Secretary to complete each report
required under subsection (f), as determined by the Secretary.
(f) Report.--Not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, 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--
(1) the ways in which the program assists the Secretary--
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a river or
stream; and
(2) benefits that the program provides, including, to the
maximum extent practicable, a quantitative analysis of economic,
social, and environmental benefits.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.
SEC. 6003. EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any Federal,
State, or local law with respect to any watershed group.
Subtitle B--Competitive Status for Federal Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE
STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3198) is amended by adding at the end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides that any
person hired pursuant to the program established under that
subsection is not eligible for competitive status in the same
manner as any other employee hired as part of the competitive
service.
``(2) Redesignation of certain positions.--
``(A) Persons serving in original positions.--Not later
than 60 days after the date of enactment of this subsection,
with respect to any person hired into a permanent position
pursuant to the program established under subsection (a) who is
serving in that position as of the date of enactment of this
subsection, the Secretary shall redesignate that position and
the person serving in that position as having been part of the
competitive service as of the date that the person was hired
into that position.
``(B) Persons no longer serving in original positions.--
With respect to any person who was hired pursuant to the
program established under subsection (a) that is no longer
serving in that position as of the date of enactment of this
subsection--
``(i) the person may provide to the Secretary a request
for redesignation of the service as part of the competitive
service that includes evidence of the employment; and
``(ii) not later than 90 days of the submission of a
request under clause (i), the Secretary shall redesignate
the service of the person as being part of the competitive
service.''.
Subtitle C--Wolf Livestock Loss Demonstration Project
SEC. 6201. DEFINITIONS.
In this subtitle:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(2) Livestock.--The term ``livestock'' means cattle, swine,
horses, mules, sheep, goats, livestock guard animals, and other
domestic animals, as determined by the Secretary.
(3) Program.--The term ``program'' means the demonstration
program established under section 6202(a).
(4) Secretaries.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture, acting jointly.
SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) In General.--The Secretaries shall establish a 5-year
demonstration program to provide grants to States and Indian tribes--
(1) to assist livestock producers in undertaking proactive,
non-lethal activities to reduce the risk of livestock loss due to
predation by wolves; and
(2) to compensate livestock producers for livestock losses due
to such predation.
(b) Criteria and Requirements.--The Secretaries shall--
(1) establish criteria and requirements to implement the
program; and
(2) when promulgating regulations to implement the program
under paragraph (1), consult with States that have implemented
State programs that provide assistance to--
(A) livestock producers to undertake proactive activities
to reduce the risk of livestock loss due to predation by
wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or Indian tribe shall--
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the grant;
(2) establish 1 or more accounts to receive grant funds;
(3) maintain files of all claims received under programs funded
by the grant, including supporting documentation;
(4) submit to the Secretary--
(A) annual reports that include--
(i) a summary of claims and expenditures under the
program during the year; and
(ii) a description of any action taken on the claims;
and
(B) such other reports as the Secretary may require to
assist the Secretary in determining the effectiveness of
activities provided assistance under this section; and
(5) promulgate rules for reimbursing livestock producers under
the program.
(d) Allocation of Funding.--The Secretaries shall allocate funding
made available to carry out this subtitle--
(1) equally between the uses identified in paragraphs (1) and
(2) of subsection (a); and
(2) among States and Indian tribes based on--
(A) the level of livestock predation in the State or on the
land owned by, or held in trust for the benefit of, the Indian
tribe;
(B) whether the State or Indian tribe is located in a
geographical area that is at high risk for livestock predation;
or
(C) any other factors that the Secretaries determine are
appropriate.
(e) Eligible Land.--Activities and losses described in subsection
(a) may occur on Federal, State, or private land, or land owned by, or
held in trust for the benefit of, an Indian tribe.
(f) Federal Cost Share.--The Federal share of the cost of any
activity provided assistance made available under this subtitle shall
not exceed 50 percent of the total cost of the activity.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$1,000,000 for fiscal year 2009 and each fiscal year thereafter.
Subtitle D--Paleontological Resources Preservation
SEC. 6301. DEFINITIONS.
In this subtitle:
(1) Casual collecting.--The term ``casual collecting'' means
the collecting of a reasonable amount of common invertebrate and
plant paleontological resources for non-commercial personal use,
either by surface collection or the use of non-powered hand tools
resulting in only negligible disturbance to the Earth's surface and
other resources. As used in this paragraph, the terms ``reasonable
amount'', ``common invertebrate and plant paleontological
resources'' and ``negligible disturbance'' shall be determined by
the Secretary.
(2) Federal land.--The term ``Federal land'' means--
(A) land controlled or administered by the Secretary of the
Interior, except Indian land; or
(B) National Forest System land controlled or administered
by the Secretary of Agriculture.
(3) Indian land.--The term ``Indian Land'' means land of Indian
tribes, or Indian individuals, which are either held in trust by
the United States or subject to a restriction against alienation
imposed by the United States.
(4) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints of
organisms, preserved in or on the earth's crust, that are of
paleontological interest and that provide information about the
history of life on earth, except that the term does not include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001)).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior with respect to land controlled or administered by the
Secretary of the Interior or the Secretary of Agriculture with
respect to National Forest System land controlled or administered
by the Secretary of Agriculture.
(6) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other territory or possession of the United States.
SEC. 6302. MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal land using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
(b) Coordination.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this subtitle.
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this subtitle, a
paleontological resource may not be collected from Federal land
without a permit issued under this subtitle by the Secretary.
(2) Casual collecting exception.--The Secretary shall allow
casual collecting without a permit on Federal land controlled or
administered by the Bureau of Land Management, the Bureau of
Reclamation, and the Forest Service, where such collection is
consistent with the laws governing the management of those Federal
land and this subtitle.
(3) Previous permit exception.--Nothing in this section shall
affect a valid permit issued prior to the date of enactment of this
Act.
(b) Criteria for Issuance of a Permit.--The Secretary may issue a
permit for the collection of a paleontological resource pursuant to an
application if the Secretary determines that--
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management
plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of a
paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this subtitle. Every permit shall include requirements
that--
(1) the paleontological resource that is collected from Federal
land under the permit will remain the property of the United
States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved repository,
to be made available for scientific research and public education;
and
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition of a
permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under the
authority of the permit is convicted under section 6306 or is
assessed a civil penalty under section 6307.
(e) Area Closures.--In order to protect paleontological or other
resources or to provide for public safety, the Secretary may restrict
access to or close areas under the Secretary's jurisdiction to the
collection of paleontological resources.
SEC. 6305. CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface or
attempt to excavate, remove, damage, or otherwise alter or deface
any paleontological resources located on Federal land unless such
activity is conducted in accordance with this subtitle;
(2) exchange, transport, export, receive, or offer to exchange,
transport, export, or receive any paleontological resource if the
person knew or should have known such resource to have been
excavated or removed from Federal land in violation of any
provisions, rule, regulation, law, ordinance, or permit in effect
under Federal law, including this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have known
such resource to have been excavated, removed, sold, purchased,
exchanged, transported, or received from Federal land.
(b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of,
any paleontological resource excavated or removed from Federal land.
(c) Penalties.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 5 years, or both; but
if the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned
not more than 2 years, or both.
(d) Multiple Offenses.--In the case of a second or subsequent
violation by the same person, the amount of the penalty assessed under
subsection (c) may be doubled.
(e) General Exception.--Nothing in subsection (a) shall apply to
any person with respect to any paleontological resource which was in
the lawful possession of such person prior to the date of enactment of
this Act.
SEC. 6307. CIVIL PENALTIES.
(a) In General.--
(1) Hearing.--A person who violates any prohibition contained
in an applicable regulation or permit issued under this subtitle
may be assessed a penalty by the Secretary after the person is
given notice and opportunity for a hearing with respect to the
violation. Each violation shall be considered a separate offense
for purposes of this section.
(2) Amount of penalty.--The amount of such penalty assessed
under paragraph (1) shall be determined under regulations
promulgated pursuant to this subtitle, taking into account the
following factors:
(A) The scientific or fair market value, whichever is
greater, of the paleontological resource involved, as
determined by the Secretary.
(B) The cost of response, restoration, and repair of the
resource and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary
assessing the penalty.
(3) Multiple offenses.--In the case of a second or subsequent
violation by the same person, the amount of a penalty assessed
under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under this
subsection for any 1 violation shall not exceed an amount equal to
double the cost of response, restoration, and repair of resources
and paleontological site damage plus double the scientific or fair
market value of resources destroyed or not recovered.
(b) Petition for Judicial Review; Collection of Unpaid
Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a petition
for judicial review of the order in the United States District
Court for the District of Columbia or in the district in which the
violation is alleged to have occurred within the 30-day period
beginning on the date the order making the assessment was issued.
Upon notice of such filing, the Secretary shall promptly file such
a certified copy of the record on which the order was issued. The
court shall hear the action on the record made before the Secretary
and shall sustain the action if it is supported by substantial
evidence on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty under
this section within 30 days--
(A) after the order making assessment has become final and
the person has not filed a petition for judicial review of the
order in accordance with paragraph (1); or
(B) after a court in an action brought in paragraph (1) has
entered a final judgment upholding the assessment of the
penalty, the Secretary may request the Attorney General to
institute a civil action in a district court of the United
States for any district in which the person if found, resides,
or transacts business, to collect the penalty (plus interest at
currently prevailing rates from the date of the final order or
the date of the final judgment, as the case may be). The
district court shall have jurisdiction to hear and decide any
such action. In such action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first
sentence of this paragraph shall be required to pay, in
addition to such amount and interest, attorneys fees and costs
for collection proceedings.
(c) Hearings.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) Use of Recovered Amounts.--Penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, and to
protect, monitor, and study the resources and sites.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in
section 6308.
SEC. 6308. REWARDS AND FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties collected under
section 6306 or 6307 or from appropriated funds--
(1) consistent with amounts established in regulations by the
Secretary; or
(2) if no such regulation exists, an amount up to \1/2\ of the
penalties, to any person who furnishes information which leads to
the finding of a civil violation, or the conviction of criminal
violation, with respect to which the penalty was paid. If several
persons provided the information, the amount shall be divided among
the persons. No officer or employee of the United States or of any
State or local government who furnishes information or renders
service in the performance of his official duties shall be eligible
for payment under this subsection.
(b) Forfeiture.--All paleontological resources with respect to
which a violation under section 6306 or 6307 occurred and which are in
the possession of any person, shall be subject to civil forfeiture, or
upon conviction, to criminal forfeiture.
(c) Transfer of Seized Resources.--The Secretary may transfer
administration of seized paleontological resources to Federal or non-
Federal educational institutions to be used for scientific or
educational purposes.
SEC. 6309. CONFIDENTIALITY.
Information concerning the nature and specific location of a
paleontological resource shall be exempt from disclosure under section
552 of title 5, United States Code, and any other law unless the
Secretary determines that disclosure would--
(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of the
resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 6310. REGULATIONS.
As soon as practical after the date of enactment of this Act, the
Secretary shall issue such regulations as are appropriate to carry out
this subtitle, providing opportunities for public notice and comment.
SEC. 6311. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional restrictions
or permitting requirements on any activities permitted at any time
under the general mining laws, the mineral or geothermal leasing
laws, laws providing for minerals materials disposal, or laws
providing for the management or regulation of the activities
authorized by the aforementioned laws including but not limited to
the Federal Land Policy Management Act (43 U.S.C. 1701-1784),
Public Law 94-429 (commonly known as the ``Mining in the Parks
Act'') (16 U.S.C. 1901 et seq.), the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic
Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions
or permitting requirements on any activities permitted at any time
under existing laws and authorities relating to reclamation and
multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of a
rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological resources
from land other than Federal land;
(5) alter or diminish the authority of a Federal agency under
any other law to provide protection for paleontological resources
on Federal land in addition to the protection provided under this
subtitle; or
(6) create any right, privilege, benefit, or entitlement for
any person who is not an officer or employee of the United States
acting in that capacity. No person who is not an officer or
employee of the United States acting in that capacity shall have
standing to file any civil action in a court of the United States
to enforce any provision or amendment made by this subtitle.
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.
In this subtitle:
(1) Corporation.--The term ``Corporation'' means the King Cove
Corporation.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 206 acres of Federal land located
within the Refuge, as generally depicted on the map; and
(B) the approximately 1,600 acres of Federal land located
on Sitkinak Island, as generally depicted on the map.
(3) Map.--The term ``map'' means each of--
(A) the map entitled ``Izembek and Alaska Peninsula
National Wildlife Refuges'' and dated September 2, 2008; and
(B) the map entitled ``Sitkinak Island-Alaska Maritime
National Wildlife Refuge'' and dated September 2, 2008.
(4) Non-federal land.--The term ``non-Federal land'' means--
(A) the approximately 43,093 acres of land owned by the
State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by the
Corporation (including approximately 5,430 acres of land for
which the Corporation shall relinquish the selection rights of
the Corporation under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) as part of the land exchange under
section 6402(a)), as generally depicted on the map.
(5) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Alaska.
(8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of King
Cove, Alaska.
SEC. 6402. LAND EXCHANGE.
(a) In General.--Upon receipt of notification by the State and the
Corporation of the intention of the State and the Corporation to
exchange the non-Federal land for the Federal land, subject to the
conditions and requirements described in this subtitle, the Secretary
may convey to the State all right, title, and interest of the United
States in and to the Federal land. The Federal land within the Refuge
shall be transferred for the purpose of constructing a single-lane
gravel road between the communities of King Cove and Cold Bay, Alaska.
(b) Compliance With National Environmental Policy Act of 1969 and
Other Applicable Laws.--
(1) In general.--In determining whether to carry out the land
exchange under subsection (a), the Secretary shall--
(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply with any
other applicable law (including regulations).
(2) Environmental impact statement.--
(A) In general.--Not later than 60 days after the date on
which the Secretary receives notification under subsection (a),
the Secretary shall initiate the preparation of an
environmental impact statement required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Requirements.--The environmental impact statement
prepared under subparagraph (A) shall contain--
(i) an analysis of--
(I) the proposed land exchange; and
(II) the potential construction and operation of a
road between the communities of King Cove and Cold Bay,
Alaska; and
(ii) an evaluation of a specific road corridor through
the Refuge that is identified in consultation with the
State, the City of King Cove, Alaska, and the Tribe.
(3) Cooperating agencies.--
(A) In general.--During the preparation of the
environmental impact statement under paragraph (2), each entity
described in subparagraph (B) may participate as a cooperating
agency.
(B) Authorized entities.--An authorized entity may
include--
(i) any Federal agency that has permitting jurisdiction
over the road described in paragraph (2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management Council.
(c) Valuation.--The conveyance of the Federal land and non-Federal
land under this section shall not be subject to any requirement under
any Federal law (including regulations) relating to the valuation,
appraisal, or equalization of land.
(d) Public Interest Determination.--
(1) Conditions for land exchange.--Subject to paragraph (2), to
carry out the land exchange under subsection (a), the Secretary
shall determine that the land exchange (including the construction
of a road between the City of King Cove, Alaska, and the Cold Bay
Airport) is in the public interest.
(2) Limitation of authority of secretary.--The Secretary may
not, as a condition for a finding that the land exchange is in the
public interest--
(A) require the State or the Corporation to convey
additional land to the United States; or
(B) impose any restriction on the subsistence uses (as
defined in section 803 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3113)) of waterfowl by rural
residents of the State.
(e) Kinzaroff Lagoon.--The land exchange under subsection (a) shall
not be carried out before the date on which the parcel of land owned by
the State that is located in the Kinzaroff Lagoon has been designated
by the State as a State refuge, in accordance with the applicable laws
(including regulations) of the State.
(f) Designation of Road Corridor.--In designating the road corridor
described in subsection (b)(2)(B)(ii), the Secretary shall--
(1) minimize the adverse impact of the road corridor on the
Refuge;
(2) transfer the minimum acreage of Federal land that is
required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into the
road corridor roads that are in existence as of the date of
enactment of this Act.
(g) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to any other term or condition that the
Secretary determines to be necessary.
SEC. 6403. KING COVE ROAD.
(a) Requirements Relating to Use, Barrier Cables, and Dimensions.--
(1) Limitations on use.--
(A) In general.--Except as provided in subparagraph (B),
any portion of the road constructed on the Federal land
conveyed pursuant to this subtitle shall be used primarily for
health and safety purposes (including access to and from the
Cold Bay Airport) and only for noncommercial purposes.
(B) Exceptions.--Notwithstanding subparagraph (A), the use
of taxis, commercial vans for public transportation, and shared
rides (other than organized transportation of employees to a
business or other commercial facility) shall be allowed on the
road described in subparagraph (A).
(C) Requirement of agreement.--The limitations of the use
of the road described in this paragraph shall be enforced in
accordance with an agreement entered into between the Secretary
and the State.
(2) Requirement of barrier cable.--The road described in
paragraph (1)(A) shall be constructed to include a cable barrier on
each side of the road, as described in the record of decision
entitled ``Mitigation Measure MM-11, King Cove Access Project Final
Environmental Impact Statement Record of Decision'' and dated
January 22, 2004, unless a different type barrier is required as a
mitigation measure in the Record of Decision for Final
Environmental Impact Statement required in section 6402(b)(2).
(3) Required dimensions and design features.--The road
described in paragraph (1)(A) shall--
(A) have a width of not greater than a single lane, in
accordance with the applicable road standards of the State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific design
features identified in the Record of Decision for Final
Environmental Impact Statement required in section 6402(b)(2)
as Mitigation Measures relative to the passage and migration of
wildlife, and also the exchange of tidal flows, where
applicable, in accordance with applicable Federal and State
design standards; and
(D) if determined to be necessary, be constructed to
include appropriate safety pullouts.
(b) Support Facilities.--Support facilities for the road described
in subsection (a)(1)(A) shall not be located within the Refuge.
(c) Federal Permits.--It is the intent of Congress that any Federal
permit required for construction of the road be issued or denied not
later than 1 year after the date of application for the permit.
(d) Applicable Law.--Nothing in this section amends, or modifies
the application of, section 1110 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3170).
(e) Mitigation Plan.--
(1) In general.--Based on the evaluation of impacts determined
through the completion of the environmental impact statement under
section 6402(b)(2), the Secretary, in consultation with the
entities described in section 6402(b)(3)(B), shall develop an
enforceable mitigation plan.
(2) Corrective modifications.--The Secretary may make
corrective modifications to the mitigation plan developed under
paragraph (1) if--
(A) the mitigation standards required under the mitigation
plan are maintained; and
(B) the Secretary provides an opportunity for public
comment with respect to any proposed corrective modification.
(3) Avoidance of wildlife impacts.--Road construction shall
adhere to any specific mitigation measures included in the Record
of Decision for Final Environmental Impact Statement required in
section 6402(b)(2) that--
(A) identify critical periods during the calendar year when
the refuge is utilized by wildlife, especially migratory birds;
and
(B) include specific mandatory strategies to alter, limit
or halt construction activities during identified high risk
periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) Mitigation of wetland loss.--The plan developed under this
subsection shall comply with section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) with regard to minimizing,
to the greatest extent practicable, the filling, fragmentation or
loss of wetlands, especially intertidal wetlands, and shall
evaluate mitigating effect of those wetlands transferred in Federal
ownership under the provisions of this subtitle.
SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
(1) Federal land.--Upon completion of the land exchange under
section 6402(a)--
(A) the boundary of the land designated as wilderness
within the Refuge shall be modified to exclude the Federal land
conveyed to the State under the land exchange; and
(B) the Federal land located on Sitkinak Island that is
withdrawn for use by the Coast Guard shall, at the request of
the State, be transferred by the Secretary to the State upon
the relinquishment or termination of the withdrawal.
(2) Non-federal land.--Upon completion of the land exchange
under section 6402(a), the non-Federal land conveyed to the United
States under this subtitle shall be--
(A) added to the Refuge or the Alaska Peninsula National
Wildlife Refuge, as appropriate, as generally depicted on the
map; and
(B) administered in accordance with the laws generally
applicable to units of the National Wildlife Refuge System.
(3) Wilderness additions.--
(A) In general.--Upon completion of the land exchange under
section 6402(a), approximately 43,093 acres of land as
generally depicted on the map shall be added to--
(i) the Izembek National Wildlife Refuge Wilderness; or
(ii) the Alaska Peninsula National Wildlife Refuge
Wilderness.
(B) Administration.--The land added as wilderness under
subparagraph (A) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and
other applicable laws (including regulations).
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) Notification To Void Land Exchange.--If the Secretary, the
State, and the Corporation enter into the land exchange authorized
under section 6402(a), the State or the Corporation may notify the
Secretary in writing of the intention of the State or Corporation to
void the exchange if construction of the road through the Refuge has
not begun.
(b) Disposition of Land Exchange.--Upon the latter of the date on
which the Secretary receives a request under subsection (a), and the
date on which the Secretary determines that the Federal land conveyed
under the land exchange under section 6402(a) has not been adversely
impacted (other than any nominal impact associated with the preparation
of an environmental impact statement under section 6402(b)(2)), the
land exchange shall be null and void.
(c) Return of Prior Ownership Status of Federal and Non-Federal
Land.--If the land exchange is voided under subsection (b)--
(1) the Federal land and non-Federal land shall be returned to
the respective ownership status of each land prior to the land
exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National Wildlife
Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) that was
relinquished under this subtitle shall be reinstated.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction of a
road shall expire at the end of the 7-year period beginning on the date
of the enactment of this subtitle unless a construction permit has been
issued during that period.
(b) Extension of Authority.--If a construction permit is issued
within the allotted period, the 7-year authority shall be extended for
a period of 5 additional years beginning on the date of issuance of the
construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed challenging
the land exchange or construction of the road (including a
challenge to the NEPA process, decisions, or any required permit
process required to complete construction of the road), the 7-year
deadline or the five-year extension period, as appropriate, shall
be extended for a time period equivalent to the time consumed by
the full adjudication of the legal challenge or related
administrative process.
(2) Injunction.--After a construction permit has been issued,
if a court issues an injunction against construction of the road,
the 7-year deadline or 5-year extension, as appropriate, shall be
extended for a time period equivalent to time period that the
injunction is in effect.
(d) Applicability of Section 6405.--Upon the expiration of the
legislative authority under this section, if a road has not been
constructed, the land exchange shall be null and void and the land
ownership shall revert to the respective ownership status prior to the
land exchange as provided in section 6405.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW JERSEY.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Paterson, New
Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by subsection (e)(1).
(3) Historic district.--The term ``Historic District'' means
the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means the
management plan for the Park developed under subsection (d).
(5) Map.--The term ``Map'' means the map entitled ``Paterson
Great Falls National Historical Park-Proposed Boundary'', numbered
T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by subsection (b)(1)(A).
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) State.--The term ``State'' means the State of New Jersey.
(b) Paterson Great Falls National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there is
established in the State a unit of the National Park System to
be known as the ``Paterson Great Falls National Historical
Park''.
(B) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(i)(I) the Secretary has acquired sufficient land or an
interest in land within the boundary of the Park to
constitute a manageable unit; or
(II) the State or City, as appropriate, has entered
into a written agreement with the Secretary to donate--
(aa) the Great Falls State Park, including
facilities for Park administration and visitor
services; or
(bb) any portion of the Great Falls State Park
agreed to between the Secretary and the State or City;
and
(ii) the Secretary has entered into a written agreement
with the State, City, or other public entity, as
appropriate, providing that--
(I) land owned by the State, City, or other public
entity within the Historic District will be managed
consistent with this section; and
(II) future uses of land within the Historic
District will be compatible with the designation of the
Park.
(2) Purpose.--The purpose of the Park is to preserve and
interpret for the benefit of present and future generations certain
historical, cultural, and natural resources associated with the
Historic District.
(3) Boundaries.--The Park shall include the following sites, as
generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(C) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful Manufactures
Gatehouse.
(D) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(E) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(5) Publication of notice.--Not later than 60 days after the
date on which the conditions in clauses (i) and (ii) of paragraph
(1)(B) are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an
official boundary map for the Park.
(c) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this section; and
(B) the laws 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.).
(2) State and local jurisdiction.--Nothing in this section
enlarges, diminishes, or modifies any authority of the State, or
any political subdivision of the State (including the City)--
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
Park.
(3) Cooperative agreements.--
(A) In general.--As the Secretary determines to be
appropriate to carry out this section, the Secretary may enter
into cooperative agreements with the owner of the Great Falls
Visitor Center or any nationally significant properties within
the boundary of the Park under which the Secretary may
identify, interpret, restore, and provide technical assistance
for the preservation of the properties.
(B) Right of access.--A cooperative agreement entered into
under subparagraph (A) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(i) conducting visitors through the properties; and
(ii) interpreting the properties for the public.
(C) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under subparagraph (A) unless the
Secretary and the other party to the agreement agree to the
changes or alterations.
(D) Conversion, use, or disposal.--Any payment made by the
Secretary under this paragraph shall be subject to an agreement
that the conversion, use, or disposal of a project for purposes
contrary to the purposes of this section, as determined by the
Secretary, shall entitle the United States to reimbursement in
amount equal to the greater of--
(i) the amounts made available to the project by the
United States; or
(ii) the portion of the increased value of the project
attributable to the amounts made available under this
paragraph, as determined at the time of the conversion,
use, or, disposal.
(E) Matching funds.--
(i) In general.--As a condition of the receipt of funds
under this paragraph, the Secretary shall require that any
Federal funds made available under a cooperative agreement
shall be matched on a 1-to-1 basis by non-Federal funds.
(ii) Form.--With the approval of the Secretary, the
non-Federal share required under clause (i) may be in the
form of donated property, goods, or services from a non-
Federal source.
(4) Acquisition of land.--
(A) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(B) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired by donation.
(5) Technical assistance and public interpretation.--The
Secretary may provide technical assistance and public
interpretation of related historic and cultural resources within
the boundary of the Historic District.
(d) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the date
on which funds are made available to carry out this subsection, the
Secretary, in consultation with the Commission, shall complete a
management plan for the Park in accordance with--
(A) section 12(b) of Public Law 91-383 (commonly known as
the ``National Park Service General Authorities Act'') (16
U.S.C. 1a-7(b)); and
(B) other applicable laws.
(2) Cost share.--The management plan shall include provisions
that identify costs to be shared by the Federal Government, the
State, and the City, and other public or private entities or
individuals for necessary capital improvements to, and maintenance
and operations of, the Park.
(3) Submission to congress.--On completion of the management
plan, the Secretary shall submit the management plan to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(e) Paterson Great Falls National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Paterson Great Falls National Historical Park
Advisory Commission''.
(2) Duties.--The duties of the Commission shall be to advise
the Secretary in the development and implementation of the
management plan.
(3) Membership.--
(A) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(i) 4 members shall be appointed after consideration of
recommendations submitted by the Governor of the State;
(ii) 2 members shall be appointed after consideration
of recommendations submitted by the City Council of
Paterson, New Jersey;
(iii) 1 member shall be appointed after consideration
of recommendations submitted by the Board of Chosen
Freeholders of Passaic County, New Jersey; and
(iv) 2 members shall have experience with national
parks and historic preservation.
(B) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(i) the date that is 30 days after the date on which
the Secretary has received all of the recommendations for
appointments under subparagraph (A); or
(ii) the date that is 30 days after the Park is
established in accordance with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be appointed for a term
of 3 years.
(ii) Reappointment.--A member may be reappointed for
not more than 1 additional term.
(B) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(5) Meetings.--The Commission shall meet at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum.--A majority of the Commission shall constitute a
quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(B) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(C) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the Commission shall serve
without compensation.
(ii) Travel expenses.--Members 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.
(B) Staff.--
(i) In general.--The Secretary shall provide the
Commission with any staff members and technical assistance
that the Secretary, after consultation with the Commission,
determines to be appropriate to enable the Commission to
carry out the duties of the Commission.
(ii) Detail of employees.--The Secretary may accept the
services of personnel detailed from--
(I) the State;
(II) any political subdivision of the State; or
(III) any entity represented on the Commission.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) Termination.--The Commission shall terminate 10 years
after the date of enactment of this Act.
(f) Study of Hinchliffe Stadium.--
(1) In general.--Not later than 3 fiscal years after the date
on which funds are made available to carry out this section, the
Secretary shall complete a study regarding the preservation and
interpretation of Hinchliffe Stadium, which is listed on the
National Register of Historic Places.
(2) Inclusions.--The study shall include an assessment of--
(A) the potential for listing the stadium as a National
Historic Landmark; and
(B) options for maintaining the historic integrity of
Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL HISTORIC
SITE.
(a) Acquisition of Property; Establishment of Historic Site.--
Should the Secretary of the Interior acquire, by donation only from the
Clinton Birthplace Foundation, Inc., fee simple, unencumbered title to
the William Jefferson Clinton Birthplace Home site located at 117 South
Hervey Street, Hope, Arkansas, 71801, and to any personal property
related to that site, the Secretary shall designate the William
Jefferson Clinton Birthplace Home site as a National Historic Site and
unit of the National Park System, to be known as the ``President
William Jefferson Clinton Birthplace Home National Historic Site''.
(b) Applicability of Other Laws.--The Secretary shall administer
the President William Jefferson Clinton Birthplace Home National
Historic Site in accordance with the laws generally applicable to
national historic sites, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1-4), and the Act entitled ``An Act to
provide for the preservation of historic American sites, buildings,
objects and antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.
(a) Establishment.--
(1) In general.--If Monroe County or Wayne County, Michigan, or
other willing landowners in either County offer to donate to the
United States land relating to the Battles of the River Raisin on
January 18 and 22, 1813, or the aftermath of the battles, the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall accept the donated land.
(2) Designation of park.--On the acquisition of land under
paragraph (1) that is of sufficient acreage to permit efficient
administration, the Secretary shall designate the acquired land as
a unit of the National Park System, to be known as the ``River
Raisin National Battlefield Park'' (referred to in this section as
the ``Park'').
(3) Legal description.--
(A) In general.--The Secretary shall prepare a legal
description of the land and interests in land designated as the
Park by paragraph (2).
(B) Availability of map and legal description.--A map with
the legal description shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(b) Administration.--
(1) In general.--The Secretary shall manage the Park for the
purpose of preserving and interpreting the Battles of the River
Raisin in accordance with the National Park Service Organic Act (16
U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are made available, the Secretary shall complete a
general management plan for the Park that, among other things,
defines the role and responsibility of the Secretary with
regard to the interpretation and the preservation of the site.
(B) Consultation.--The Secretary shall consult with and
solicit advice and recommendations from State, county, local,
and civic organizations and leaders, and other interested
parties in the preparation of the management plan.
(C) Inclusions.--The plan shall include--
(i) consideration of opportunities for involvement by
and support for the Park by State, county, and local
governmental entities and nonprofit organizations and other
interested parties; and
(ii) steps for the preservation of the resources of the
site and the costs associated with these efforts.
(D) Submission to congress.--On the completion of the
general management plan, the Secretary shall submit a copy of
the plan to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with State, county, local, and civic
organizations to carry out this section.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House a report describing the progress made with respect to
acquiring real property under this section and designating the River
Raisin National Battlefield Park.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle B--Amendments to Existing Units of the National Park System
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) Acquisition of Property.--Section 4 of Public Law 102-543 (16
U.S.C. 410yy-3) is amended by striking subsection (d).
(b) Matching Funds.--Section 8(b) of Public Law 102-543 (16 U.S.C.
410yy-7(b)) is amended by striking ``$4'' and inserting ``$1''.
(c) Authorization of Appropriations.--Section 10 of Public Law 102-
543 (16 U.S.C. 410yy-9) is amended--
(1) in subsection (a)--
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``$3,000,000'' and inserting
``$25,000,000''; and
(2) in subsection (b), by striking ``$100,000'' and all that
follows through ``those duties'' and inserting ``$250,000''.
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR
FARM NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site Establishment
Act of 1990 (16 U.S.C. 461 note) is amended--
(1) in paragraph (1)(B), by striking ``contiguous to'' and all
that follows and inserting ``within Fairfield County.'';
(2) by amending paragraph (2) to read as follows:
``(2) Development.--
``(A) Maintaining natural character.--The Secretary shall
keep development of the property acquired under paragraph (1)
to a minimum so that the character of the acquired property
will be similar to the natural and undeveloped landscape of the
property described in subsection (b).
``(B) Treatment of previously developed property.--Nothing
in subparagraph (A) shall either prevent the Secretary from
acquiring property under paragraph (1) that, prior to the
Secretary's acquisition, was developed in a manner inconsistent
with subparagraph (A), or require the Secretary to remediate
such previously developed property to reflect the natural
character described in subparagraph (A).''; and
(3) in paragraph (3), in the matter preceding subparagraph (A),
by striking ``the appropriate zoning authority'' and all that
follows through ``Wilton, Connecticut,'' and inserting ``the local
governmental entity that, in accordance with applicable State law,
has jurisdiction over any property acquired under paragraph
(1)(A)''.
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY EXPANSION.
Section 2 of the Little River Canyon National Preserve Act of 1992
(16 U.S.C. 698q) is amended--
(1) in subsection (b)--
(A) by striking ``The Preserve'' and inserting the
following:
``(1) In general.--The Preserve''; and
(B) by adding at the end the following:
``(2) Boundary expansion.--The boundary of the Preserve is
modified to include the land depicted on the map entitled `Little
River Canyon National Preserve Proposed Boundary', numbered 152/
80,004, and dated December 2007.''; and
(2) in subsection (c), by striking ``map'' and inserting
``maps''.
SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY
EXPANSION.
Section 2 of the Act entitled ``An Act to rename and expand the
boundaries of the Mound City Group National Monument in Ohio'',
approved May 27, 1992 (106 Stat. 185), is amended--
(1) by striking ``and'' at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4) and
inserting ``; and'';
(3) by adding after subsection (a)(4) the following new
paragraph:
``(5) the map entitled `Hopewell Culture National Historical
Park, Ohio Proposed Boundary Adjustment' numbered 353/80,049 and
dated June, 2006.''; and
(4) by adding after subsection (d)(2) the following new
paragraph:
``(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.''.
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100A, and dated December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that follows
through the first sentence and inserting the following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any land,
water, and interests in land and water within the Barataria
Preserve Unit by donation, purchase with donated or
appropriated funds, transfer from any other Federal agency, or
exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land depicted on the
map described in section 901 as `Lands Proposed for
Addition' may be acquired by the Secretary only with the
consent of the owner of the land.
``(ii) Boundary adjustment.--On the date on which the
Secretary acquires a parcel of land described in clause
(i), the boundary of the Barataria Preserve Unit shall be
adjusted to reflect the acquisition.
``(iii) Easements.--To ensure adequate hurricane
protection of the communities located in the area, any land
identified on the map described in section 901 that is
acquired or transferred shall be subject to any easements
that have been agreed to by the Secretary and the Secretary
of the Army.
``(C) Transfer of administration jurisdiction.--Effective
on the date of enactment of the Omnibus Public Land Management
Act of 2009, administrative jurisdiction over any Federal land
within the areas depicted on the map described in section 901
as `Lands Proposed for Addition' is transferred, without
consideration, to the administrative jurisdiction of the
National Park Service, to be administered as part of the
Barataria Preserve Unit.'';
(B) in the second sentence, by striking ``The Secretary may
also acquire by any of the foregoing methods'' and inserting
the following:
``(2) French quarter.--The Secretary may acquire by any of the
methods referred to in paragraph (1)(A)'';
(C) in the third sentence, by striking ``Lands, waters, and
interests therein'' and inserting the following:
``(3) Acquisition of state land.--Land, water, and interests in
land and water''; and
(D) in the fourth sentence, by striking ``In acquiring''
and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting the
following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems; and
``(4) water and air quality.
``(c) Adjacent Land.--With the consent of the owner and the parish
governing authority, the Secretary may--
``(1) acquire land, water, and interests in land and water, by
any of the methods referred to in subsection (a)(1)(A) (including
use of appropriations from the Land and Water Conservation Fund);
and
``(2) revise the boundaries of the Barataria Preserve Unit to
include adjacent land and water.''; and
(3) by redesignating subsection (g) as subsection (d).
(c) Definition of Improved Property.--Section 903 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the
fifth sentence by inserting ``(or January 1, 2007, for areas added to
the park after that date)'' after ``January 1, 1977''.
(d) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of
this title, he'' and inserting ``on land, and interests in land and
water managed by the Secretary, except that the Secretary''.
(e) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
(f) References in Law.--
(1) In general.--Any reference in a law (including
regulations), map, document, paper, or other record of the United
States--
(A) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(B) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(2) Conforming amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(A) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(B) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''.
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Minute Man
National Historical Park Proposed Boundary'', numbered 406/81001,
and dated July 2007.
(2) Park.--The term ``Park'' means the Minute Man National
Historical Park in the State of Massachusetts.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Minute Man National Historical Park.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Park is modified to
include the area generally depicted on the map.
(B) Availability of map.--The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(2) Acquisition of land.--The Secretary may acquire the land or
an interest in the land described in paragraph (1)(A) by--
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) Administration of land.--The Secretary shall administer the
land added to the Park under paragraph (1)(A) in accordance with
applicable laws (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7107. EVERGLADES NATIONAL PARK.
(a) Inclusion of Tarpon Basin Property.--
(1) Definitions.--In this subsection:
(A) Hurricane hole.--The term ``Hurricane Hole'' means the
natural salt-water body of water within the Duesenbury Tracts
of the eastern parcel of the Tarpon Basin boundary adjustment
and accessed by Duesenbury Creek.
(B) Map.--The term ``map'' means the map entitled
``Proposed Tarpon Basin Boundary Revision'', numbered 160/
80,012, and dated May 2008.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(D) Tarpon basin property.--The term ``Tarpon Basin
property'' means land that--
(i) is comprised of approximately 600 acres of land and
water surrounding Hurricane Hole, as generally depicted on
the map; and
(ii) is located in South Key Largo.
(2) Boundary revision.--
(A) In general.--The boundary of the Everglades National
Park is adjusted to include the Tarpon Basin property.
(B) Acquisition authority.--The Secretary may acquire from
willing sellers by donation, purchase with donated or
appropriated funds, or exchange, land, water, or interests in
land and water, within the area depicted on the map, to be
added to Everglades National Park.
(C) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(D) Administration.--Land added to Everglades National Park
by this section shall be administered as part of Everglades
National Park in accordance with applicable laws (including
regulations).
(3) Hurricane hole.--The Secretary may allow use of Hurricane
Hole by sailing vessels during emergencies, subject to such terms
and conditions as the Secretary determines to be necessary.
(4) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection.
(b) Land Exchanges.--
(1) Definitions.--In this subsection:
(A) Company.--The term ``Company'' means Florida Power &
Light Company.
(B) Federal land.--The term ``Federal Land'' means the
parcels of land that are--
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park; and
(iv) generally depicted on the map as--
(I) Tract A, which is adjacent to the Tamiami
Trail, U.S. Rt. 41; and
(II) Tract B, which is located on the eastern
boundary of the National Park.
(C) Map.--The term ``map'' means the map prepared by the
National Park Service, entitled ``Proposed Land Exchanges,
Everglades National Park'', numbered 160/60411A, and dated
September 2008.
(D) National park.--The term ``National Park'' means the
Everglades National Park located in the State.
(E) Non-federal land.--The term ``non-Federal land'' means
the land in the State that--
(i) is owned by the State, the specific area and
location of which shall be determined by the State; or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres; and
(III) is located within the East Everglades Acquisition
Area, as generally depicted on the map as ``Tract D''.
(F) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(G) State.--The term ``State'' means the State of Florida
and political subdivisions of the State, including the South
Florida Water Management District.
(2) Land exchange with state.--
(A) In general.--Subject to the provisions of this
paragraph, if the State offers to convey to the Secretary all
right, title, and interest of the State in and to specific
parcels of non-Federal land, and the offer is acceptable to the
Secretary, the Secretary may, subject to valid existing rights,
accept the offer and convey to the State all right, title, and
interest of the United States in and to the Federal land
generally depicted on the map as ``Tract A''.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the Secretary
may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment
using donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisals.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
State, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of the
Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws
applicable to the National Park System.
(3) Land exchange with company.--
(A) In general.--Subject to the provisions of this
paragraph, if the Company offers to convey to the Secretary all
right, title, and interest of the Company in and to the non-
Federal land generally depicted on the map as ``Tract D'', and
the offer is acceptable to the Secretary, the Secretary may,
subject to valid existing rights, accept the offer and convey
to the Company all right, title, and interest of the United
States in and to the Federal land generally depicted on the map
as ``Tract B'', along with a perpetual easement on a corridor
of land contiguous to Tract B for the purpose of vegetation
management.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the Secretary
may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal unless
the non-Federal land is of higher value than the Federal
land.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment
using donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisal.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
Company, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of the
Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws
applicable to the National Park System.
(4) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(5) Boundary revision.--On completion of the land exchanges
authorized by this subsection, the Secretary shall adjust the
boundary of the National Park accordingly, including removing the
land conveyed out of Federal ownership.
SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.
(a) In General.--The Secretary of the Interior shall authorize Ka
`Ohana O Kalaupapa, a non-profit organization consisting of patient
residents at Kalaupapa National Historical Park, and their family
members and friends, to establish a memorial at a suitable location or
locations approved by the Secretary at Kalawao or Kalaupapa within the
boundaries of Kalaupapa National Historical Park located on the island
of Molokai, in the State of Hawaii, to honor and perpetuate the memory
of those individuals who were forcibly relocated to Kalaupapa Peninsula
from 1866 to 1969.
(b) Design.--
(1) In general.--The memorial authorized by subsection (a)
shall--
(A) display in an appropriate manner the names of the first
5,000 individuals sent to the Kalaupapa Peninsula between 1866
and 1896, most of whom lived at Kalawao; and
(B) display in an appropriate manner the names of the
approximately 3,000 individuals who arrived at Kalaupapa in the
second part of its history, when most of the community was
concentrated on the Kalaupapa side of the peninsula.
(2) Approval.--The location, size, design, and inscriptions of
the memorial authorized by subsection (a) shall be subject to the
approval of the Secretary of the Interior.
(c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit organization,
shall be solely responsible for acceptance of contributions for and
payment of the expenses associated with the establishment of the
memorial.
SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
(a) Cooperative Agreements.--Section 1029(d) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is
amended by striking paragraph (3) and inserting the following:
``(3) Agreements.--
``(A) Definition of eligible entity.--In this paragraph,
the term `eligible entity' means--
``(i) the Commonwealth of Massachusetts;
``(ii) a political subdivision of the Commonwealth of
Massachusetts; or
``(iii) any other entity that is a member of the Boston
Harbor Islands Partnership described in subsection (e)(2).
``(B) Authority of secretary.--Subject to subparagraph (C),
the Secretary may consult with an eligible entity on, and enter
into with the eligible entity--
``(i) a cooperative management agreement to acquire
from, and provide to, the eligible entity goods and
services for the cooperative management of land within the
recreation area; and
``(ii) notwithstanding section 6305 of title 31, United
States Code, a cooperative agreement for the construction
of recreation area facilities on land owned by an eligible
entity for purposes consistent with the management plan
under subsection (f).
``(C) Conditions.--The Secretary may enter into an
agreement with an eligible entity under subparagraph (B) only
if the Secretary determines that--
``(i) appropriations for carrying out the purposes of
the agreement are available; and
``(ii) the agreement is in the best interests of the
United States.''.
(b) Technical Amendments.--
(1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks and
Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is
amended by striking ``Coast Guard'' and inserting ``Coast Guard.''.
(2) Donations.--Section 1029(e)(11) of the Omnibus Parks and
Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is
amended by striking ``Nothwithstanding'' and inserting
``Notwithstanding''.
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to recognize and pay tribute to Thomas Alva Edison and his
innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment of the
Site as an educational, scientific, and cultural center.
(b) Establishment.--
(1) In general.--There is established the Thomas Edison
National Historical Park as a unit of the National Park System
(referred to in this section as the ``Historical Park'').
(2) Boundaries.--The Historical Park shall be comprised of all
property owned by the United States in the Edison National Historic
Site as well as all property authorized to be acquired by the
Secretary of the Interior (referred to in this section as the
``Secretary'') for inclusion in the Edison National Historic Site
before the date of the enactment of this Act, as generally depicted
on the map entitled the ``Thomas Edison National Historical Park'',
numbered 403/80,000, and dated April 2008.
(3) Map.--The map of the Historical Park shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the Historical
Park in accordance with this section and with the provisions of law
generally applicable to units of the National Park System,
including the Acts entitled ``An Act to establish a National Park
Service, and for other purposes,'' approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1 et seq.) and ``An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes,''
approved August 21, 1935 (16 U.S.C. 461 et seq.).
(2) Acquisition of property.--
(A) Real property.--The Secretary may acquire land or
interests in land within the boundaries of the Historical Park,
from willing sellers only, by donation, purchase with donated
or appropriated funds, or exchange.
(B) Personal property.--The Secretary may acquire personal
property associated with, and appropriate for, interpretation
of the Historical Park.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
428), regarding the establishment and administration of the Edison
National Historic Site, is repealed.
(5) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Edison National Historic Site'' shall be deemed to be a reference
to the ``Thomas Edison National Historical Park''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7111. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
(a) Votes for Women Trail.--Title XVI of Public Law 96-607 (16
U.S.C. 410ll) is amended by adding at the end the following:
``SEC. 1602. VOTES FOR WOMEN TRAIL.
``(a) Definitions.--In this section:
``(1) Park.--The term `Park' means the Women's Rights National
Historical Park established by section 1601.
``(2) Secretary.--The term `Secretary' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
``(3) State.--The term `State' means the State of New York.
``(4) Trail.--The term `Trail' means the Votes for Women
History Trail Route designated under subsection (b).
``(b) Establishment of Trail Route.--The Secretary, with
concurrence of the agency having jurisdiction over the relevant roads,
may designate a vehicular tour route, to be known as the `Votes for
Women History Trail Route', to link properties in the State that are
historically and thematically associated with the struggle for women's
suffrage in the United States.
``(c) Administration.--The Trail shall be administered by the
National Park Service through the Park.
``(d) Activities.--To facilitate the establishment of the Trail and
the dissemination of information regarding the Trail, the Secretary
shall--
``(1) produce and disseminate appropriate educational materials
regarding the Trail, such as handbooks, maps, exhibits, signs,
interpretive guides, and electronic information;
``(2) coordinate the management, planning, and standards of the
Trail in partnership with participating properties, other Federal
agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or device to
mark the Trail; and
``(4) issue guidelines for the use of the symbol or device
adopted under paragraph (3).
``(e) Elements of Trail Route.--Subject to the consent of the owner
of the property, the Secretary may designate as an official stop on the
Trail--
``(1) all units and programs of the Park relating to the
struggle for women's suffrage;
``(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage; and
``(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be directly
related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of Understanding.--
``(1) In general.--To facilitate the establishment of the Trail
and to ensure effective coordination of the Federal and non-Federal
properties designated as stops along the Trail, the Secretary may
enter into cooperative agreements and memoranda of understanding
with, and provide technical and financial assistance to, other
Federal agencies, the State, localities, regional governmental
bodies, and private entities.
``(2) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary for the
period of fiscal years 2009 through 2013 to provide financial
assistance to cooperating entities pursuant to agreements or
memoranda entered into under paragraph (1).''.
(b) National Women's Rights History Project National Registry.--
(1) In general.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') may make annual grants to State
historic preservation offices for not more than 5 years to assist
the State historic preservation offices in surveying, evaluating,
and nominating to the National Register of Historic Places women's
rights history properties.
(2) Eligibility.--In making grants under paragraph (1), the
Secretary shall give priority to grants relating to properties
associated with the multiple facets of the women's rights movement,
such as politics, economics, education, religion, and social and
family rights.
(3) Updates.--The Secretary shall ensure that the National
Register travel itinerary website entitled ``Places Where Women
Made History'' is updated to contain--
(A) the results of the inventory conducted under paragraph
(1); and
(B) any links to websites related to places on the
inventory.
(4) Cost-sharing requirement.--The Federal share of the cost of
any activity carried out using any assistance made available under
this subsection shall be 50 percent.
(5) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2013.
(c) National Women's Rights History Project Partnerships Network.--
(1) Grants.--The Secretary may make matching grants and give
technical assistance for development of a network of governmental
and nongovernmental entities (referred to in this subsection as the
``network''), the purpose of which is to provide interpretive and
educational program development of national women's rights history,
including historic preservation.
(2) Management of network.--
(A) In general.--The Secretary shall, through a competitive
process, designate a nongovernmental managing network to manage
the network.
(B) Coordination.--The nongovernmental managing entity
designated under subparagraph (A) shall work in partnership
with the Director of the National Park Service and State
historic preservation offices to coordinate operation of the
network.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the cost of any
activity carried out using any assistance made available under
this subsection shall be 50 percent.
(B) State historic preservation offices.--Matching grants
for historic preservation specific to the network may be made
available through State historic preservation offices.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2013.
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the Martin
Van Buren National Historic Site in the State of New York
established by Public Law 93-486 (16 U.S.C. 461 note) on October
26, 1974.
(2) Map.--The term ``map'' means the map entitled ``Boundary
Map, Martin Van Buren National Historic Site'', numbered ``460/
80801'', and dated January 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Boundary Adjustments to the Historic Site.--
(1) Boundary adjustment.--The boundary of the historic site is
adjusted to include approximately 261 acres of land identified as
the ``PROPOSED PARK BOUNDARY'', as generally depicted on the map.
(2) Acquisition authority.--The Secretary may acquire the land
and any interests in the land described in paragraph (1) from
willing sellers by donation, purchase with donated or appropriated
funds, or exchange.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(4) Administration.--Land acquired for the historic site under
this section shall be administered as part of the historic site in
accordance with applicable law (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) Designation of Palo Alto Battlefield National Historical
Park.--
(1) In general.--The Palo Alto Battlefield National Historic
Site shall be known and designated as the ``Palo Alto Battlefield
National Historical Park''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
historic site referred to in subsection (a) shall be deemed to be a
reference to the Palo Alto Battlefield National Historical Park.
(3) Conforming amendments.--The Palo Alto Battlefield National
Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304)
is amended--
(A) by striking ``National Historic Site'' each place it
appears and inserting ``National Historical Park'';
(B) in the heading for section 3, by striking ``national
historic site'' and inserting ``national historical park''; and
(C) by striking ``historic site'' each place it appears and
inserting ``historical park''.
(b) Boundary Expansion, Palo Alto Battlefield National Historical
Park, Texas.--Section 3(b) of the Palo Alto Battlefield National
Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) (as
amended by subsection (a)) is amended--
(1) in paragraph (1), by striking ``(1) The historical park''
and inserting the following:
``(1) In general.--The historical park'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Additional land.--
``(A) In general.--In addition to the land described in
paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally depicted on the
map entitled `Palo Alto Battlefield NHS Proposed Boundary
Expansion', numbered 469/80,012, and dated May 21, 2008.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.''; and
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``(3) Within'' and inserting the following:
``(3) Legal description.--Not later than''; and
(B) in the second sentence, by striking ``map referred to
in paragraph (1)'' and inserting ``maps referred to in
paragraphs (1) and (2)''.
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL PARK.
(a) Designation.--The Abraham Lincoln Birthplace National Historic
Site in the State of Kentucky shall be known and designated as the
``Abraham Lincoln Birthplace National Historical Park''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Abraham Lincoln
Birthplace National Historic Site shall be deemed to be a reference to
the ``Abraham Lincoln Birthplace National Historical Park''.
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.
Section 1106 of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m-20) is amended in the first sentence by striking ``may''
and inserting ``shall''.
SEC. 7116. TECHNICAL CORRECTIONS.
(a) Gaylord Nelson Wilderness.--
(1) Redesignation.--Section 140 of division E of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; Public
Law 108-447), is amended--
(A) in subsection (a), by striking ``Gaylord A. Nelson''
and inserting ``Gaylord Nelson''; and
(B) in subsection (c)(4), by striking ``Gaylord A. Nelson
Wilderness'' and inserting ``Gaylord Nelson Wilderness''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Gaylord A. Nelson Wilderness'' shall be deemed to be a reference
to the ``Gaylord Nelson Wilderness''.
(b) Arlington House Land Transfer.--Section 2863(h)(1) of Public
Law 107-107 (115 Stat. 1333) is amended by striking ``the George
Washington Memorial Parkway'' and inserting ``Arlington House, The
Robert E. Lee Memorial,''.
(c) Cumberland Island Wilderness.--Section 2(a)(1) of Public Law
97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking
``numbered 640/20,038I, and dated September 2004'' and inserting
``numbered 640/20,038K, and dated September 2005''.
(d) Petrified Forest Boundary.--Section 2(1) of the Petrified
Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note; Public
Law 108-430) is amended by striking ``numbered 110/80,044, and dated
July 2004'' and inserting ``numbered 110/80,045, and dated January
2005''.
(e) Commemorative Works Act.--Chapter 89 of title 40, United States
Code, is amended--
(1) in section 8903(d), by inserting ``Natural'' before
``Resources'';
(2) in section 8904(b), by inserting ``Advisory'' before
``Commission''; and
(3) in section 8908(b)(1)--
(A) in the first sentence, by inserting ``Advisory'' before
``Commission''; and
(B) in the second sentence, by striking ``House
Administration'' and inserting ``Natural Resources''.
(f) Captain John Smith Chesapeake National Historic Trail.--Section
5(a)(25)(A) of the National Trails System Act (16 U.S.C.
1244(a)(25)(A)) is amended by striking ``The John Smith'' and inserting
``The Captain John Smith''.
(g) Delaware National Coastal Special Resource Study.--Section 604
of the Delaware National Coastal Special Resources Study Act (Public
Law 109-338; 120 Stat. 1856) is amended by striking ``under section
605''.
(h) Use of Recreation Fees.--Section 808(a)(1)(F) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is amended
by striking ``section 6(a)'' and inserting ``section 806(a)''.
(i) Crossroads of the American Revolution National Heritage Area.--
Section 297F(b)(2)(A) of the Crossroads of the American Revolution
National Heritage Area Act of 2006 (Public Law 109-338; 120 Stat. 1844)
is amended by inserting ``duties'' before ``of the''.
(j) Cuyahoga Valley National Park.--Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122
Stat. 827) is amended by striking ``Cayohoga'' each place it appears
and inserting ``Cuyahoga''.
(k) Pennsylvania Avenue National Historic Site.--
(1) Name on map.--Section 313(d)(1)(B) of the Department of the
Interior and Related Agencies Appropriations Act, 1996 (Public Law
104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note) is amended by
striking ``map entitled `Pennsylvania Avenue National Historic
Park', dated June 1, 1995, and numbered 840-82441'' and inserting
``map entitled `Pennsylvania Avenue National Historic Site', dated
August 25, 2008, and numbered 840-82441B''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Pennsylvania Avenue National Historic Park shall be deemed to be a
reference to the ``Pennsylvania Avenue National Historic Site''.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, OHIO.
(a) Additional Areas Included in Park.--Section 101 of the Dayton
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww, et seq.)
is amended by adding at the end the following:
``(c) Additional Sites.--In addition to the sites described in
subsection (b), the park shall consist of the following sites, as
generally depicted on a map titled `Dayton Aviation Heritage National
Historical Park', numbered 362/80,013 and dated May 2008:
``(1) Hawthorn Hill, Oakwood, Ohio.
``(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.''.
(b) Protection of Historic Properties.--Section 102 of the Dayton
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is
amended--
(1) in subsection (a), by inserting ``Hawthorn Hill, the Wright
Company factory,'' after ``, acquire'';
(2) in subsection (b), by striking ``Such agreements'' and
inserting:
``(d) Conditions.--Cooperative agreements under this section'';
(3) by inserting before subsection (d) (as added by paragraph
2) the following:
``(c) Cooperative Agreements.--The Secretary is authorized to enter
into a cooperative agreement with a partner or partners, including the
Wright Family Foundation, to operate and provide programming for
Hawthorn Hill and charge reasonable fees notwithstanding any other
provision of law, which may be used to defray the costs of park
operation and programming.''; and
(4) by striking ``Commission'' and inserting ``Aviation
Heritage Foundation''.
(c) Grant Assistance.--The Dayton Aviation Heritage Preservation
Act of 1992, is amended--
(1) by redesignating subsection (b) of section 108 as
subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
``(b) Grant Assistance.--The Secretary is authorized to make grants
to the parks' partners, including the Aviation Trail, Inc., the Ohio
Historical Society, and Dayton History, for projects not requiring
Federal involvement other than providing financial assistance, subject
to the availability of appropriations in advance identifying the
specific partner grantee and the specific project. Projects funded
through these grants shall be limited to construction and development
on non-Federal property within the boundaries of the park. Any project
funded by such a grant shall support the purposes of the park, shall be
consistent with the park's general management plan, and shall enhance
public use and enjoyment of the park.''.
(d) National Aviation Heritage Area.--Title V of division J of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law
108-447), is amended--
(1) in section 503(3), by striking ``104'' and inserting
``504'';
(2) in section 503(4), by striking ``106'' and inserting
``506'';
(3) in section 504, by striking subsection (b)(2) and by
redesignating subsection (b)(3) as subsection (b)(2); and
(4) in section 505(b)(1), by striking ``106'' and inserting
``506''.
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.
Public Law 87-213 (16 U.S.C. 461 note) is amended as follows:
(1) In the first section--
(A) by striking ``the Secretary of the Interior'' and
inserting ``(a) The Secretary of the Interior'';
(B) by striking ``476 acres'' and inserting ``646 acres'';
and
(C) by adding at the end the following:
``(b) The Secretary may acquire from willing sellers land
comprising approximately 55 acres, as depicted on the map titled `Fort
Davis Proposed Boundary Expansion', numbered 418/80,045, and dated
April 2008. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
Upon acquisition of the land, the land shall be incorporated into the
Fort Davis National Historic Site.''.
(2) By repealing section 3.
Subtitle C--Special Resource Studies
SEC. 7201. WALNUT CANYON STUDY.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2007.
(2) Secretaries.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture, acting jointly.
(3) Study area.--The term ``study area'' means the area
identified on the map as the ``Walnut Canyon Proposed Study Area''.
(b) Study.--
(1) In general.--The Secretaries shall conduct a study of the
study area to assess--
(A) the suitability and feasibility of designating all or
part of the study area as an addition to Walnut Canyon National
Monument, in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c));
(B) continued management of the study area by the Forest
Service; or
(C) any other designation or management option that would
provide for--
(i) protection of resources within the study area; and
(ii) continued access to, and use of, the study area by
the public.
(2) Consultation.--The Secretaries shall provide for public
comment in the preparation of the study, including consultation
with appropriate Federal, State, and local governmental entities.
(3) Report.--Not later than 18 months after the date on which
funds are made available to carry out this section, the Secretaries
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--
(A) the results of the study; and
(B) any recommendations of the Secretaries.
(4) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section.
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall conduct a special resource
study of the Tule Lake Segregation Center to determine the national
significance of the site and the suitability and feasibility of
including the site in the National Park System.
(2) Study guidelines.--The study shall be conducted in
accordance with the criteria for the study of areas for potential
inclusion in the National Park System under section 8 of Public Law
91-383 (16 U.S.C. 1a-5).
(3) Consultation.--In conducting the study, the Secretary shall
consult with--
(A) Modoc County;
(B) the State of California;
(C) appropriate Federal agencies;
(D) tribal and local government entities;
(E) private and nonprofit organizations; and
(F) private landowners.
(4) Scope of study.--The study shall include an evaluation of--
(A) the significance of the site as a part of the history
of World War II;
(B) the significance of the site as the site relates to
other war relocation centers;.
(C) the historical resources of the site, including the
stockade, that are intact and in place;
(D) the contributions made by the local agricultural
community to the World War II effort; and
(E) the potential impact of designation of the site as a
unit of the National Park System on private landowners.
(b) Report.--Not later than 3 years after the date on which funds
are made available to conduct the study required under 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 describing the findings, conclusions,
and recommendations of the study.
SEC. 7203. ESTATE GRANGE, ST. CROIX.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to in
this section as the ``Secretary''), in consultation with the
Governor of the Virgin Islands, shall conduct a special resource
study of Estate Grange and other sites and resources associated
with Alexander Hamilton's life on St. Croix in the United States
Virgin Islands.
(2) Contents.--In conducting the study under paragraph (1), the
Secretary shall evaluate--
(A) the national significance of the sites and resources;
and
(B) the suitability and feasibility of designating the
sites and resources as a unit of the National Park System.
(3) 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 paragraph (1).
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph (1),
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--
(A) the results of the study; and
(B) any findings, conclusions, and recommendations of the
Secretary.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study.--
(1) 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 the Harriet Beecher
Stowe House in Brunswick, Maine, to evaluate--
(A) the national significance of the Harriet Beecher Stowe
House and surrounding land; and
(B) the suitability and feasibility of designating the
Harriet Beecher Stowe House and surrounding land as a unit of
the National Park System.
(2) Study guidelines.--In conducting the study authorized under
paragraph (1), the Secretary shall use the criteria for the study
of areas for potential inclusion in the National Park System
contained in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(b) Report.--On completion of the study required under subsection
(a), 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 containing the findings, conclusions,
and recommendations of the study.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') shall conduct a
special resource study relating to the Battle of Shepherdstown in
Shepherdstown, West Virginia, to evaluate--
(1) the national significance of the Shepherdstown battlefield
and sites relating to the Shepherdstown battlefield; and
(2) the suitability and feasibility of adding the Shepherdstown
battlefield and sites relating to the Shepherdstown battlefield as
part of--
(A) Harpers Ferry National Historical Park; or
(B) Antietam National Battlefield.
(b) Criteria.--In conducting the study authorized under subsection
(a), the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System contained in section
8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(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 Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report containing the findings, conclusions, and recommendations of
the study conducted under subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the site of Green McAdoo School in Clinton, Tennessee, (referred to in
this section as the ``site'') to evaluate--
(1) the national significance of the site; and
(2) the suitability and feasibility of designating the site as
a unit of the National Park System.
(b) Criteria.--In conducting the study under subsection (a), the
Secretary shall use the criteria for the study of areas for potential
inclusion in the National Park System under section 8(c) of Public Law
91-383 (16 U.S.C. 1a-5(c)).
(c) Contents.--The study authorized by this section shall--
(1) determine the suitability and feasibility of designating
the site as a unit of the National Park System;
(2) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site; and
(3) identify alternatives for the management, administration,
and protection of the site.
(d) 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 that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the Harry S Truman Birthplace State Historic Site (referred to in this
section as the ``birthplace site'') in Lamar, Missouri, to determine--
(1) the suitability and feasibility of--
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
(B) designating the birthplace site as a separate unit of
the National Park System; and
(2) the methods and means for the protection and interpretation
of the birthplace site by the National Park Service, other Federal,
State, or local government entities, or private or nonprofit
organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(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 conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
birthplace site.
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the sites and resources at Matewan, West Virginia, associated with the
Battle of Matewan (also known as the ``Matewan Massacre'') of May 19,
1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the National
Park System; and
(2) the methods and means for the protection and interpretation
of the historic areas by the National Park Service, other Federal,
State, or local government entities, or private or nonprofit
organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(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 conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
historic areas.
SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study
along the route known as the ``Ox-Bow Route'' of the Butterfield
Overland Trail (referred to in this section as the ``route'') in the
States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico,
Arizona, and California to evaluate--
(1) a range of alternatives for protecting and interpreting the
resources of the route, including alternatives for potential
addition of the Trail to the National Trails System; and
(2) the methods and means for the protection and interpretation
of the route by the National Park Service, other Federal, State, or
local government entities, or private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b)), as appropriate.
(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 conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
route.
SEC. 7210. COLD WAR SITES THEME STUDY.
(a) Definitions.--
(1) Advisory committee.--The term ``Advisory Committee'' means
the Cold War Advisory Committee established under subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Theme study.--The term ``theme study'' means the national
historic landmark theme study conducted under subsection (b)(1).
(b) Cold War Theme Study.--
(1) In general.--The Secretary shall conduct a national
historic landmark theme study to identify sites and resources in
the United States that are significant to the Cold War.
(2) Resources.--In conducting the theme study, the Secretary
shall consider--
(A) the inventory of sites and resources associated with
the Cold War completed by the Secretary of Defense under
section 8120(b)(9) of the Department of Defense Appropriations
Act, 1991 (Public Law 101-511; 104 Stat. 1906); and
(B) historical studies and research of Cold War sites and
resources, including--
(i) intercontinental ballistic missiles;
(ii) flight training centers;
(iii) manufacturing facilities;
(iv) communications and command centers (such as
Cheyenne Mountain, Colorado);
(v) defensive radar networks (such as the Distant Early
Warning Line);
(vi) nuclear weapons test sites (such as the Nevada
test site); and
(vii) strategic and tactical aircraft.
(3) Contents.--The theme study shall include--
(A) recommendations for commemorating and interpreting
sites and resources identified by the theme study, including--
(i) sites for which studies for potential inclusion in
the National Park System should be authorized;
(ii) sites for which new national historic landmarks
should be nominated; and
(iii) other appropriate designations;
(B) recommendations for cooperative agreements with--
(i) State and local governments;
(ii) local historical organizations; and
(iii) other appropriate entities; and
(C) an estimate of the amount required to carry out the
recommendations under subparagraphs (A) and (B).
(4) Consultation.--In conducting the theme study, the Secretary
shall consult with--
(A) the Secretary of the Air Force;
(B) State and local officials;
(C) State historic preservation offices; and
(D) other interested organizations and individuals.
(5) 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 that describes the findings, conclusions,
and recommendations of the theme study.
(c) Cold War Advisory Committee.--
(1) Establishment.--As soon as practicable after funds are made
available to carry out this section, the Secretary shall establish
an advisory committee, to be known as the ``Cold War Advisory
Committee'', to assist the Secretary in carrying out this section.
(2) Composition.--The Advisory Committee shall be composed of 9
members, to be appointed by the Secretary, of whom--
(A) 3 shall have expertise in Cold War history;
(B) 2 shall have expertise in historic preservation;
(C) 1 shall have expertise in the history of the United
States; and
(D) 3 shall represent the general public.
(3) Chairperson.--The Advisory Committee shall select a
chairperson from among the members of the Advisory Committee.
(4) Compensation.--A member of the Advisory Committee shall
serve without compensation but may be reimbursed by the Secretary
for expenses reasonably incurred in the performance of the duties
of the Advisory Committee.
(5) Meetings.--On at least 3 occasions, the Secretary (or a
designee) shall meet and consult with the Advisory Committee on
matters relating to the theme study.
(d) Interpretive Handbook on the Cold War.--Not later than 4 years
after the date on which funds are made available to carry out this
section, the Secretary shall--
(1) prepare and publish an interpretive handbook on the Cold
War; and
(2) disseminate information in the theme study by other
appropriate means.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000.
SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.
(a) In General.--The Secretary shall complete a special resource
study of the site of the Battle of Camden fought in South Carolina on
August 16, 1780, and the site of Historic Camden, which is a National
Park System Affiliated Area, to determine--
(1) the suitability and feasibility of designating the sites as
a unit or units of the National Park System; and
(2) 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.
(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)).
(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. 7212. FORT SAN GERONIMO, PUERTO RICO.
(a) Definitions.--In this section:
(1) Fort san geronimo.--The term ``Fort San Geronimo'' (also
known as ``Fortin de San Geronimo del Boqueron'') means the fort
and grounds listed on the National Register of Historic Places and
located near Old San Juan, Puerto Rico.
(2) Related resources.--The term ``related resources'' means
other parts of the fortification system of old San Juan that are
not included within the boundary of San Juan National Historic
Site, such as sections of the City Wall or other fortifications.
(b) Study.--
(1) In general.--The Secretary shall complete a special
resource study of Fort San Geronimo and other related resources, to
determine--
(A) the suitability and feasibility of including Fort San
Geronimo and other related resources in the Commonwealth of
Puerto Rico as part of San Juan National Historic Site; and
(B) the methods and means for the protection and
interpretation of Fort San Geronimo and other related resources
by the National Park Service, other Federal, State, or local
government entities or private or non-profit organizations.
(2) 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)).
(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.
Subtitle D--Program Authorizations
SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Purpose.--The purpose of this section is to assist citizens,
public and private institutions, and governments at all levels in
planning, interpreting, and protecting sites where historic battles
were fought on American soil during the armed conflicts that shaped the
growth and development of the United States, in order that present and
future generations may learn and gain inspiration from the ground where
Americans made their ultimate sacrifice.
(b) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary of
the Interior, acting through the American Battlefield Protection
Program, shall encourage, support, assist, recognize, and work in
partnership with citizens, Federal, State, local, and tribal
governments, other public entities, educational institutions, and
private nonprofit organizations in identifying, researching,
evaluating, interpreting, and protecting historic battlefields and
associated sites on a National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract, or
other generally adopted means of providing financial assistance.
(3) Authorization of appropriations.--There are authorized to
be appropriated $3,000,000 annually to carry out this subsection,
to remain available until expended.
(c) Battlefield Acquisition Grant Program.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term ``Battlefield Report''
means the document entitled ``Report on the Nation's Civil War
Battlefields'', prepared by the Civil War Sites Advisory
Commission, and dated July 1993.
(B) Eligible entity.--The term ``eligible entity'' means a
State or local government.
(C) Eligible site.--The term ``eligible site'' means a
site--
(i) that is not within the exterior boundaries of a
unit of the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
(2) Establishment.--The Secretary shall establish a battlefield
acquisition grant program under which the Secretary may provide
grants to eligible entities to pay the Federal share of the cost of
acquiring interests in eligible sites for the preservation and
protection of those eligible sites.
(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this subsection in
partnership with a nonprofit organization.
(4) Non-federal share.--The non-Federal share of the total cost
of acquiring an interest in an eligible site under this subsection
shall be not less than 50 percent.
(5) Limitation on land use.--An interest in an eligible site
acquired under this subsection shall be subject to section 6(f)(3)
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8(f)(3)).
(6) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this
subsection $10,000,000 for each of fiscal years 2009 through 2013.
SEC. 7302. PRESERVE AMERICA PROGRAM.
(a) Purpose.--The purpose of this section is to authorize the
Preserve America Program, including--
(1) the Preserve America grant program within the Department of
the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of historic
resources.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Advisory Council
on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means the
conduct of activities to attract and accommodate visitors to a site
or area based on the unique or special aspects of the history,
landscape (including trail systems), and culture of the site or
area.
(3) Program.--The term ``program'' means the Preserve America
Program established under subsection (c)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(c) Establishment.--
(1) In general.--There is established in the Department of the
Interior the Preserve America Program, under which the Secretary,
in partnership with the Council, may provide competitive grants to
States, local governments (including local governments in the
process of applying for designation as Preserve America Communities
under subsection (d)), Indian tribes, communities designated as
Preserve America Communities under subsection (d), State historic
preservation offices, and tribal historic preservation offices to
support preservation efforts through heritage tourism, education,
and historic preservation planning activities.
(2) Eligible projects.--
(A) In general.--The following projects shall be eligible
for a grant under this section:
(i) A project for the conduct of--
(I) research on, and documentation of, the history
of a community; and
(II) surveys of the historic resources of a
community.
(ii) An education and interpretation project that
conveys the history of a community or site.
(iii) A planning project (other than building
rehabilitation) that advances economic development using
heritage tourism and historic preservation.
(iv) A training project that provides opportunities for
professional development in areas that would aid a
community in using and promoting its historic resources.
(v) A project to support heritage tourism in a Preserve
America Community designated under subsection (d).
(vi) Other nonconstruction projects that identify or
promote historic properties or provide for the education of
the public about historic properties that are consistent
with the purposes of this section.
(B) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(3) Preference.--In providing grants under this section, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Save America's Treasures
Program.
(4) Consultation and notification.--
(A) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided grants
for a fiscal year under the program.
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(5) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies and related services, the value
of which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under subparagraph (A) before a grant
is provided to the eligible project under the program.
(d) Designation of Preserve America Communities.--
(1) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application containing
such information as the Council may require.
(2) Criteria.--To be designated as a Preserve America Community
under the program, a community, tribal area, or neighborhood that
submits an application under paragraph (1) shall, as determined by
the Council, in consultation with the Secretary, meet criteria
required by the Council and, in addition, consider--
(A) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal
area, or neighborhood for economic development and community
revitalization; and
(C) encouragement of people to experience and appreciate
local historic resources through education and heritage tourism
programs.
(3) Local governments previously certified for historic
preservation activities.--The Council shall establish an expedited
process for Preserve America Community designation for local
governments previously certified for historic preservation
activities under section 101(c)(1) of the National Historic
Preservation Act (16 U.S.C. 470a(c)(1)).
(4) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary to
carry out this subsection.
(e) Regulations.--The Secretary shall develop any guidelines and
issue any regulations that the Secretary determines to be necessary to
carry out this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each fiscal
year, to remain available until expended.
SEC. 7303. SAVE AMERICA'S TREASURES PROGRAM.
(a) Purpose.--The purpose of this section is to authorize within
the Department of the Interior the Save America's Treasures Program, to
be carried out by the Director of the National Park Service, in
partnership with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic Preservation
Officers; and
(7) the President's Committee on the Arts and the Humanities.
(b) Definitions.--In this section:
(1) Collection.--The term ``collection'' means a collection of
intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has the
meaning given the term in section 301 of the National Historic
Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that meets
the applicable criteria for national significance, in accordance
with regulations promulgated by the Secretary pursuant to section
101(a)(2) of the National Historic Preservation Act (16 U.S.C.
470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(c) Establishment.--
(1) In general.--There is established in the Department of the
Interior the Save America's Treasures program, under which the
amounts made available to the Secretary under subsection (e) shall
be used by the Secretary, in consultation with the organizations
described in subsection (a), subject to paragraph (6)(A)(ii), to
provide grants to eligible entities for projects to preserve
nationally significant collections and historic properties.
(2) Determination of grants.--Of the amounts made available for
grants under subsection (e), not less than 50 percent shall be made
available for grants for projects to preserve collections and
historic properties, to be distributed through a competitive grant
process administered by the Secretary, subject to the eligibility
criteria established under paragraph (5).
(3) Applications for grants.--To be considered for a
competitive grant under the program an eligible entity shall submit
to the Secretary an application containing such information as the
Secretary may require.
(4) Collections and historic properties eligible for
competitive grants.--
(A) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(i) nationally significant; and
(ii) threatened or endangered.
(B) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
subparagraph (A)(i) shall be made in consultation with the
organizations described in subsection (a), as appropriate.
(C) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property shall,
as of the date of the grant application--
(i) be listed in the National Register of Historic
Places at the national level of significance; or
(ii) be designated as a National Historic Landmark.
(5) Selection criteria for grants.--
(A) In general.--The Secretary shall not provide a grant
under this section to a project for an eligible collection or
historic property unless the project--
(i) eliminates or substantially mitigates the threat of
destruction or deterioration of the eligible collection or
historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and within
the budget described in the grant application.
(B) Preference.--In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Preserve America
Program.
(C) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(6) Consultation and notification by secretary.--
(A) Consultation.--
(i) In general.--Subject to clause (ii), the Secretary
shall consult with the organizations described in
subsection (a) in preparing the list of projects to be
provided grants for a fiscal year by the Secretary under
the program.
(ii) Limitation.--If an entity described in clause (i)
has submitted an application for a grant under the program,
the entity shall be recused by the Secretary from the
consultation requirements under that clause and paragraph
(1).
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(7) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies or related services, the value of
which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan for
securing the non-Federal share for an eligible project required
under subparagraph (A) before a grant is provided to the
eligible project under the program.
(d) Regulations.--The Secretary shall develop any guidelines and
issue any regulations that the Secretary determines to be necessary to
carry out this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal
year, to remain available until expended.
SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.
Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113 Stat. 226)
is amended by striking ``2009'' and inserting ``2019''.
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.
The National Cave and Karst Research Institute Act of 1998 (16
U.S.C. 4310 note; Public Law 105-325) is amended by striking section 5
and inserting the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Subtitle E--Advisory Commissions
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act of 1978
(16 U.S.C. 396d(f)(7)) is amended by striking ``ten years after the
date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-
establishment Act of 1996'' and inserting ``on December 31, 2018''.
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2008, section 8(a) of Public Law 87-126 (16
U.S.C. 459b-7(a)) is amended in the second sentence by striking
``2008'' and inserting ``2018''.
SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions Management
Improvement Act of 1998 (16 U.S.C. 5958(d)) is amended in the first
sentence by striking ``2008'' and inserting ``2009''.
SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.
(a) Definitions.--In this section:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine, Florida.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by subsection
(b)(1).
(3) Governor.--The term ``Governor'' means the Governor of the
State.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State of
Florida.
(B) Inclusion.--The term ``State'' includes agencies and
entities of the State of Florida.
(b) Establishment.--
(1) In general.--There is established a commission, to be known
as the ``St. Augustine 450th Commemoration Commission''.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 14
members, of whom--
(i) 3 members shall be appointed by the Secretary,
after considering the recommendations of the St. Augustine
City Commission;
(ii) 3 members shall be appointed by the Secretary,
after considering the recommendations of the Governor;
(iii) 1 member shall be an employee of the National
Park Service having experience relevant to the historical
resources relating to the city of St. Augustine and the
commemoration, to be appointed by the Secretary;
(iv) 1 member shall be appointed by the Secretary,
taking into consideration the recommendations of the Mayor
of the city of St. Augustine;
(v) 1 member shall be appointed by the Secretary, after
considering the recommendations of the Chancellor of the
University System of Florida; and
(vi) 5 members shall be individuals who are residents
of the State who have an interest in, support for, and
expertise appropriate to the commemoration, to be appointed
by the Secretary, taking into consideration the
recommendations of Members of Congress.
(B) Time of appointment.--Each appointment of an initial
member of the Commission shall be made before the expiration of
the 120-day period beginning on the date of enactment of this
Act.
(C) Term; vacancies.--
(i) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(ii) Vacancies.--
(I) In general.--A vacancy on the Commission shall
be filled in the same manner in which the original
appointment was made.
(II) 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.
(iii) Continuation of membership.--If a member of the
Commission was appointed to the Commission as Mayor of the
city of St. Augustine or as an employee of the National
Park Service or the State University System of Florida, and
ceases to hold such position, that member may continue to
serve on the Commission for not longer than the 30-day
period beginning on the date on which that member ceases to
hold the position.
(3) Duties.--The Commission shall--
(A) plan, develop, and carry out programs and activities
appropriate for the commemoration;
(B) facilitate activities relating to the commemoration
throughout the United States;
(C) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand understanding and appreciation
of the significance of the founding and continuing history of
St. Augustine;
(D) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration;
(E) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, St.
Augustine;
(F) ensure that the commemoration provides a lasting legacy
and long-term public benefit by assisting in the development of
appropriate programs; and
(G) help ensure that the observances of the foundation of
St. Augustine are inclusive and appropriately recognize the
experiences and heritage of all individuals present when St.
Augustine was founded.
(c) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(2) Meetings.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of the 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.--The Commission shall act only on an affirmative
vote of a majority of the members of the Commission.
(d) 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 and technical assistance.--The Commission may--
(A) provide grants in amounts not to exceed $20,000 per
grant to communities and nonprofit organizations for use in
developing programs to assist in the commemoration;
(B) provide grants to research and scholarly organizations
to research, publish, or distribute information relating to the
early history of St. Augustine; and
(C) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in paragraph (2), 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 other than 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) Director and staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), nominate an executive director to enable the
Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by 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) Detail.--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; and
(ii) reimburse the State for services of detailed
personnel.
(6) Procurement of temporary and intermittent services.--The
Chairperson of 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 such title.
(7) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission may
accept and use such voluntary and uncompensated services as the
Commission determines to be necessary.
(8) Support services.--
(A) In general.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(B) Reimbursement.--Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or account used
for paying the amounts reimbursed.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) No effect on authority.--Nothing in this subsection
supersedes the authority of the State, the National Park Service,
the city of St. Augustine, or any designee of those entities, with
respect to the commemoration.
(f) Plans; Reports.--
(1) Strategic plan.--The Commission shall prepare a strategic
plan for the activities of the Commission carried out under this
section.
(2) Final report.--Not later than September 30, 2015, the
Commission shall complete and submit to Congress a final report
that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and expended by
the Commission; and
(C) the findings and recommendations of the Commission.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Commission to carry out this section $500,000 for each of fiscal
years 2009 through 2015.
(2) Availability.--Amounts made available under paragraph (1)
shall remain available until December 31, 2015.
(h) Termination of Commission.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2015.
(2) Transfer of documents and materials.--Before the date of
termination specified in paragraph (1), the Commission shall
transfer all documents and materials of the Commission to the
National Archives or another appropriate Federal entity.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the Sangre
de Cristo National Heritage Area established by subsection (b)(1).
(2) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area designated by
subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d).
(4) Map.--The term ``map'' means the map entitled ``Proposed
Sangre De Cristo National Heritage Area'' and dated November 2005.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Sangre De Cristo National Heritage Area.--
(1) Establishment.--There is established in the State the
Sangre de Cristo National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of--
(A) the counties of Alamosa, Conejos, and Costilla; and
(B) the Monte Vista National Wildlife Refuge, the Baca
National Wildlife Refuge, the Great Sand Dunes National Park
and Preserve, and other areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Sangre de Cristo National Heritage Area Board
of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that were
involved in the planning and development of the Heritage Area
before the date of enactment of this Act.
(c) Administration.--
(1) Authorities.--For purposes of carrying out the management
plan, the Secretary, acting through the management entity, may use
amounts made available under this section to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(D) obtain money or services from any source including any
that are provided under any other Federal law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the approved
management plan.
(2) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits
and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, natural, historical, scenic, and cultural resources of
the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate
signs identifying points of public access, and sites of
interest are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year that Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
management entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the funds and any
matching funds;
(iii) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the funds
make available to the Secretary for audit all records
concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available under
this section to acquire real property or any interest in real
property.
(4) Cost-sharing requirement.--The Federal share of the cost of
any activity carried out using any assistance made available under
this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit to the
Secretary for approval a proposed management plan for the Heritage
Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located in the core area
described in subsection (b)(2); and
(II) any other property in the core area that--
(aa) is related to the themes of the Heritage
Area; and
(bb) should be preserved, restored, managed, or
maintained because of the significance of the
property;
(ii) comprehensive policies, strategies and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(iii) a description of actions that governments,
private organizations, and individuals have agreed to take
to protect the natural, historical and cultural resources
of the Heritage Area;
(iv) a program of implementation for the management
plan by the management entity that includes a description
of--
(I) actions to facilitate ongoing collaboration
among partners to promote plans for resource
protection, restoration, and construction; and
(II) specific commitments for implementation that
have been made by the management entity or any
government, organization, or individual for the first 5
years of operation;
(v) the identification of sources of funding for
carrying out the management plan;
(vi) analysis and recommendations for means by which
local, State, and Federal programs, including the role of
the National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, historical, cultural,
educational, scenic, and recreational resources of the Heritage
Area.
(3) Deadline.--If a proposed management plan is not submitted
to the Secretary by the date that is 3 years after the date of
enactment of this Act, the management entity shall be ineligible to
receive additional funding under this section until the date that
the Secretary receives and approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(iii) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that the
Secretary determines make a substantial change to the
management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on
the Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the management entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(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
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, 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,
or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State or
local agency, or conveys any land use or other regulatory authority
to the management entity;
(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 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.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph (1)(A)
shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area
may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the Cache
La Poudre River National Heritage Area established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Poudre Heritage Alliance, the local coordinating
entity for the Heritage Area designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d)(1).
(4) Map.--The term ``map'' means the map entitled ``Cache La
Poudre River National Heritage Area'', numbered 960/80,003, and
dated April, 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Cache La Poudre River National Heritage Area.--
(1) Establishment.--There is established in the State the Cache
La Poudre River National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the area
depicted on the map.
(3) Map.--The map shall be on file and available for public
inspection in the appropriate offices of--
(A) the National Park Service; and
(B) the local coordinating entity.
(4) Local coordinating entity.--The local coordinating entity
for the Heritage Area shall be the Poudre Heritage Alliance, a
nonprofit organization incorporated in the State.
(c) Administration.--
(1) Authorities.--To carry out the management plan, the
Secretary, acting through the local coordinating entity, may use
amounts made available under this section--
(A) to make grants to the State (including any political
subdivision of the State), nonprofit organizations, and other
individuals;
(B) to enter into cooperative agreements with, or provide
technical assistance to, the State (including any political
subdivision of the State), nonprofit organizations, and other
interested parties;
(C) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resource protection, and heritage programming;
(D) to obtain funds or services from any source, including
funds or services that are provided under any other Federal law
or program;
(E) to enter into contracts for goods or services; and
(F) to serve as a catalyst for any other activity that--
(i) furthers the purposes and goals of the Heritage
Area; and
(ii) is consistent with the approved management plan.
(2) Duties.--The local coordinating entity shall--
(A) in accordance with subsection (d), prepare and submit
to the Secretary a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values located in
the Heritage Area;
(ii) establishing and maintaining interpretive exhibits
and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, the natural, historical, scenic, and cultural
resources of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate
signs identifying points of public access, and sites of
interest, are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that
describes the activities, expenses, and income of the local
coordinating entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the funds and any
matching funds; and
(iii) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the funds
make available to the Secretary for audit all records
concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The local
coordinating entity shall not use Federal funds made available
under this section to acquire real property or any interest in real
property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall submit
to the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, educational, and recreational
resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of the resources located in the
Heritage Area;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(iii) a description of actions that governments,
private organizations, and individuals have agreed to take
to protect the natural, cultural, historic, scenic,
educational, and recreational resources of the Heritage
Area;
(iv) a program of implementation for the management
plan by the local coordinating entity that includes a
description of--
(I) actions to facilitate ongoing collaboration
among partners to promote plans for resource
protection, restoration, and construction; and
(II) specific commitments for implementation that
have been made by the local coordinating entity or any
government, organization, or individual for the first 5
years of operation;
(v) the identification of sources of funding for
carrying out the management plan;
(vi) analysis and recommendations for means by which
local, State, and Federal programs, including the role of
the National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, cultural, historic, scenic,
educational, and recreational resources of the Heritage Area.
(3) Deadline.--If a proposed management plan is not submitted
to the Secretary by the date that is 3 years after the date of
enactment of this Act, the local coordinating entity shall be
ineligible to receive additional funding under this section until
the date on which the Secretary approves a management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity is representative of
the diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has afforded
adequate opportunity, including public hearings, for public
and governmental involvement in the preparation of the
management plan; and
(iii) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
cultural, historic, scenic, educational, and recreational
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the local coordinating entity in writing of
the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the date of receipt
of any proposed revision of the management plan from the
local coordinating entity, approve or disapprove the
proposed revision.
(5) Amendments.--
(A) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines would make a substantial change to the management
plan.
(B) Use of funds.--The local coordinating entity shall not
use Federal funds authorized to be appropriated by this section
to carry out any amendments to the management plan until the
Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law (including regulations).
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including any
regulation) authorizing a Federal agency to manage Federal land
under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner--
(A) to permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State, or
local agency;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law (including regulations), of any private property owner
with respect to any individual injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph (1)(A)
shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area to identify the
critical components for sustainability of the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area
may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not
more than $1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--The Federal share of the cost of
any activity carried out using any assistance made available under
this section shall be 50 percent.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
(j) Conforming Amendment.--The Cache La Poudre River Corridor Act
(16 U.S.C. 461 note; Public Law 104-323) is repealed.
SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors of
the South Park National Heritage Area, comprised initially of the
individuals, agencies, organizations, and governments that were
involved in the planning and development of the Heritage Area
before the date of enactment of this Act.
(2) Heritage area.--The term ``Heritage Area'' means the South
Park National Heritage Area established by subsection (b)(1).
(3) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area designated by
subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required by subsection (d).
(5) Map.--The term ``map'' means the map entitled ``South Park
National Heritage Area Map (Proposed)'', dated January 30, 2006.
(6) Partner.--The term ``partner'' means a Federal, State, or
local governmental entity, organization, private industry,
educational institution, or individual involved in the
conservation, preservation, interpretation, development or
promotion of heritage sites or resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) State.--The term ``State'' means the State of Colorado.
(9) Technical assistance.--The term ``technical assistance''
means any guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary.
(b) South Park National Heritage Area.--
(1) Establishment.--There is established in the State the South
Park National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the areas
included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Park County Tourism & Community Development
Office, in conjunction with the South Park National Heritage
Area Board of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of
individuals, agencies, organizations, and governments that were
involved in the planning and development of the Heritage Area
before the date of enactment of this Act.
(c) Administration.--
(1) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available under
this section to acquire real property or any interest in real
property.
(2) Authorities.--For purposes of carrying out the management
plan, the Secretary, acting through the management entity, may use
amounts made available under this section to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, fundraising, heritage facility planning
and development, and heritage tourism programming;
(D) obtain funds or services from any source, including
funds or services that are provided under any other Federal law
or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and
activities that further the Heritage Area and are consistent
with the approved management plan.
(3) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, local property owners
and businesses, and nonprofit organizations in carrying out the
approved management plan by--
(i) carrying out programs and projects that recognize,
protect, enhance, and promote important resource values in
the Heritage Area;
(ii) establishing and maintaining interpretive exhibits
and programs in the Heritage Area;
(iii) developing economic, recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate
signs identifying points of public access, and sites of
interest are posted throughout the Heritage Area;
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area; and
(viii) planning and developing new heritage
attractions, products and services;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
management entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the Federal funds
and any matching funds; and
(iii) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the funds
make available to the Secretary for audit all records
concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(4) Cost-sharing requirement.--The Federal share of the cost of
any activity carried out using any assistance made available under
this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity, with public
participation, shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, interpretation, development, and
promotion of the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located within the areas included
in the map; and
(II) any other eligible and participating property
within the areas included in the map that--
(aa) is related to the themes of the Heritage
Area; and
(bb) should be preserved, restored, managed,
maintained, developed, or promoted because of the
significance of the property;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
development, and promotion of the Heritage Area;
(iii) a description of actions that governments,
private organizations, and individuals have agreed to take
to manage protect the historical, cultural, scenic,
recreational, agricultural, and natural resources of the
Heritage Area;
(iv) a program of implementation for the management
plan by the management entity that includes a description
of--
(I) actions to facilitate ongoing and effective
collaboration among partners to promote plans for
resource protection, enhancement, interpretation,
restoration, and construction; and
(II) specific commitments for implementation that
have been made by the management entity or any
government, organization, or individual for the first 5
years of operation;
(v) the identification of sources of funding for
carrying out the management plan;
(vi) an analysis of and recommendations for means by
which Federal, State, and local programs, including the
role of the National Park Service in the Heritage Area, may
best be coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the historical, cultural, scenic,
recreational, agricultural, and natural resources of the
Heritage Area.
(3) Deadline.--If a proposed management plan is not submitted
to the Secretary by the date that is 3 years after the date of
enactment of this Act, the management entity shall be ineligible to
receive additional funding under this section until the date on
which the Secretary receives and approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historical resource protection
organizations, educational institutions, local businesses
and industries, community organizations, recreational
organizations, and tourism organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(iii) strategies contained in the management plan, if
implemented, would adequately balance the voluntary
protection, development, and interpretation of the natural,
historical, cultural, scenic, recreational, and
agricultural resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that the
Secretary determines makes a substantial change to the
management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on
the Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the management entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(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
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, 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,
or local law;
(3) alters any duly adopted land use regulation, approved land
use plan, or other regulatory authority of any Federal, State or
local agency, or conveys any land use or other regulatory authority
to the management entity;
(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 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.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph (1)(A)
shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area
may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH DAKOTA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Northern Plains National Heritage Area established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Northern Plains Heritage Foundation, the local
coordinating entity for the Heritage Area designated by subsection
(c)(1).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of North Dakota.
(b) Establishment.--
(1) In general.--There is established the Northern Plains
National Heritage Area in the State of North Dakota.
(2) Boundaries.--The Heritage Area shall consist of--
(A) a core area of resources in Burleigh, McLean, Mercer,
Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the core
area recommended by the management plan for inclusion in the
Heritage Area.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the local coordinating entity and the
National Park Service.
(c) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the Heritage
Area shall be the Northern Plains Heritage Foundation, a nonprofit
corporation established under the laws of the State.
(2) Duties.--To further the purposes of the Heritage Area, the
Northern Plains Heritage Foundation, as the local coordinating
entity, shall--
(A) prepare a management plan for the Heritage Area, and
submit the management plan to the Secretary, in accordance with
this section;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments
of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(3) Authorities.--For the purposes of preparing and
implementing the approved management plan for the Heritage Area,
the local coordinating entity may use Federal funds made available
under this section to--
(A) make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff, including individuals with
expertise in--
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(4) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized to be
appropriated under this section to acquire any interest in real
property.
(5) Other sources.--Nothing in this section precludes the local
coordinating entity from using Federal funds from other sources for
authorized purposes.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall submit
to the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) 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 Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected, enhanced,
interpreted, managed, funded, and developed;
(E) 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 Heritage
Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) 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;
(G) 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 Heritage Area)
to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each of
the major activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation of the Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph (A),
the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for the Heritage Area on the basis of the
criteria established under subparagraph (B).
(B) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the Secretary
shall consider whether--
(i) the local coordinating entity represents the
diverse interests of the 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;
(ii) 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;
(iii) 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
Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land
laws or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(vi) 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
(vii) 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.
(C) Disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be appropriated
by this section to implement an amendment to the management
plan until the Secretary approves the amendment.
(E) Authorities.--The Secretary may--
(i) provide technical assistance under this section for
the development and implementation of the management plan;
and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide financial assistance and, on
a reimbursable or nonreimbursable basis, technical assistance
to the local coordinating entity to develop and implement the
management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic,
cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the purposes of
the Heritage Area.
(3) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(4) Other federal agencies.--Nothing in this section--
(A) modifies or alters any laws (including regulations)
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner to--
(A) permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) modify public access to, or use of, the property of the
property owner under any other Federal, State, 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;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) 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.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (i), the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph (1)(A)
shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area
may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve
the recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established by subsection (b)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(c)(1)(A).
(4) Map.--The term ``map'' means the map entitled ``Baltimore
National Heritage Area'', numbered T10/80,000, and dated October
2007.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Maryland.
(b) Baltimore National Heritage Area.--
(1) Establishment.--There is established the Baltimore National
Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of the
following areas, as described on the map:
(A) The area encompassing the Baltimore City Heritage Area
certified by the Maryland Heritage Areas Authority in October
2001 as part of the Baltimore City Heritage Area Management
Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and surrounding
shoreline, including--
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
(vii) the Masonville Cove Environmental Center.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service and the Baltimore Heritage Area Association.
(4) Local coordinating entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the Heritage
Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits
and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, natural, historic, scenic, and cultural resources of
the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with the
themes of the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may, subject to
the prior approval of the Secretary, for the purposes of preparing
and implementing the management plan, use Federal funds made
available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and other
interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(E) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental and
interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any
government, organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in 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 Heritage Area)
to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each of
the major activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management plan
is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the Secretary
shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) 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 aspects of the management
plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be appropriated
by this section to implement an amendment to the management
plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic,
cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the purposes of
the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating
entity with respect to--
(I) accomplishing the purposes of this section for
the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted
under subparagraph (A)(i), the Secretary shall prepare a
report that includes recommendations for the future role of
the National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report prepared under
this subparagraph recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(I) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) Submission to congress.--On completion of a
report under this subparagraph, the Secretary shall submit
the report to--
(I) the Committee on Energy and Natural Resources
of the Senate; and
(II) the Committee on Natural Resources of the
House of Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land
use plan, or any other regulatory authority of any Federal, State,
or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) 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.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of
goods or services fairly valued.
(i) Termination of Effectiveness.--The authority of the Secretary
to provide assistance under this section terminates on the date that is
15 years after the date of enactment of this Act.
SEC. 8006. FREEDOM'S WAY NATIONAL HERITAGE AREA, MASSACHUSETTS AND NEW
HAMPSHIRE.
(a) Purposes.--The purposes of this section are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area; and
(3) to manage, preserve, protect, and interpret the cultural,
historic, and natural resources of the Heritage Area for the
educational and inspirational benefit of future generations.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by subsection
(c)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d)(1)(A).
(4) Map.--The term ``map'' means the map entitled ``Freedom's
Way National Heritage Area'', numbered T04/80,000, and dated July
2007.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(c) Establishment.--
(1) In general.--There is established the Freedom's Way
National Heritage Area in the States of Massachusetts and New
Hampshire.
(2) Boundaries.--
(A) In general.--The boundaries of the Heritage Area shall
be as generally depicted on the map.
(B) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance with
subsection (e)(4); and
(iii) placed on file in accordance with paragraph (3).
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Freedom's Way Heritage
Association, Inc., shall be the local coordinating entity for the
Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(i) carrying out programs and projects that recognize
and protect important resource values within the Heritage
Area;
(ii) establishing and maintaining interpretive exhibits
and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, natural, historic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic buildings in the
Heritage Area that are consistent with the themes of the
Heritage Area; and
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may, subject to
the prior approval of the Secretary, for the purposes of preparing
and implementing the management plan, use Federal funds made
available under this section to--
(A) make grants to the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.
(4) Use of funds for non-federal property.--The local
coordinating entity may use Federal funds made available under this
section to assist non-Federal property that is--
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National
Register of Historic Places.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) provide a framework for coordination of the plans
considered under subparagraph (B) to present a unified historic
preservation and interpretation plan;
(D) contain the contributions of residents, public
agencies, and private organizations within the Heritage Area;
(E) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(F) specify existing and potential sources of funding or
economic development strategies to conserve, manage, and
develop the Heritage Area;
(G) include an inventory of the natural, historic, and
recreational resources of the Heritage Area, including a list
of properties that--
(i) are related to the themes of the Heritage Area; and
(ii) should be conserved, restored, managed, developed,
or maintained;
(H) recommend policies and strategies for resource
management that--
(i) apply appropriate land and water management
techniques;
(ii) include the development of intergovernmental and
interagency agreements to protect the natural, historic,
and cultural resources of the Heritage Area; and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the management
plan, including--
(i) restoration and construction plans or goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
(J) include an analysis of, and recommendations for, ways
in 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 Heritage Area)
to further the purposes of this section;
(K) include an interpretive plan for the Heritage Area; and
(L) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each of
the major activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management plan
is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the Secretary
shall approve or disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) 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 aspects of the management
plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(C) Action following disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be appropriated
by this section to implement an amendment to the management
plan until the Secretary approves the amendment.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, and
cultural resources of the Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the purposes of
the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (j), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating
entity with respect to--
(I) accomplishing the purposes of this section for
the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted
under subparagraph (A)(i), the Secretary shall prepare a
report that includes recommendations for the future role of
the National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report prepared under
this subparagraph recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(I) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) Submission to congress.--On completion of a
report under this subparagraph, the Secretary shall submit
the report to--
(I) the Committee on Energy and Natural Resources
of the Senate; and
(II) the Committee on Natural Resources of the
House of Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land
use plan, or any other regulatory authority of any Federal, State,
or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the States of Massachusetts and
New Hampshire to manage fish and wildlife, including the regulation
of fishing and hunting within the Heritage Area; or
(7) 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.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(j) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Hills National Heritage Area established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for Heritage Area
designated by subsection (b)(3)(A).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(c)(1)(A).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Mississippi.
(b) Mississippi Hills National Heritage Area.--
(1) Establishment.--There is established the Mississippi Hills
National Heritage Area in the State.
(2) Boundaries.--
(A) Affected counties.--The Heritage Area shall consist of
all, or portions of, as specified by the boundary description
in subparagraph (B), Alcorn, Attala, Benton, Calhoun, Carroll,
Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba,
Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee,
Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah,
Tishomingo, Union, Webster, Winston, and Yalobusha Counties in
the State.
(B) Boundary description.--The Heritage Area shall have the
following boundary description:
(i) traveling counterclockwise, the Heritage Area shall
be bounded to the west by U.S. Highway 51 from the
Tennessee State line until it intersects Interstate 55 (at
Geeslin Corner approximately \1/2\ mile due north of
Highway Interchange 208);
(ii) from this point, Interstate 55 shall be the
western boundary until it intersects with Mississippi
Highway 12 at Highway Interchange 156, the intersection of
which shall be the southwest terminus of the Heritage Area;
(iii) from the southwest terminus, the boundary shall--
(I) extend east along Mississippi Highway 12 until
it intersects U.S. Highway 51;
(II) follow Highway 51 south until it is
intersected again by Highway 12;
(III) extend along Highway 12 into downtown
Kosciusko where it intersects Mississippi Highway 35;
(IV) follow Highway 35 south until it is
intersected by Mississippi Highway 14; and
(V) extend along Highway 14 until it reaches the
Alabama State line, the intersection of which shall be
the southeast terminus of the Heritage Area;
(iv) from the southeast terminus, the boundary of the
Heritage Area shall follow the Mississippi-Alabama State
line until it reaches the Mississippi-Tennessee State line,
the intersection of which shall be the northeast terminus
of the Heritage Area; and
(v) the boundary shall extend due west until it reaches
U.S. Highway 51, the intersection of which shall be the
northwest terminus of the Heritage Area.
(3) Local coordinating entity.--
(A) In general.--The local coordinating entity for the
Heritage Area shall be the Mississippi Hills Heritage Area
Alliance, a nonprofit organization registered by the State,
with the cooperation and support of the University of
Mississippi.
(B) Board of directors.--
(i) In general.--The local coordinating entity shall be
governed by a Board of Directors comprised of not more than
30 members.
(ii) Composition.--Members of the Board of Directors
shall consist of--
(I) not more than 1 representative from each of the
counties described in paragraph (2)(A); and
(II) any ex-officio members that may be appointed
by the Board of Directors, as the Board of Directors
determines to be necessary.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(i) establishing and maintaining interpretive exhibits
and programs within the Heritage Area;
(ii) developing recreational opportunities in the
Heritage Area;
(iii) increasing public awareness of, and appreciation
for, natural, historical, cultural, archaeological, and
recreational resources of the Heritage Area;
(iv) restoring historic sites and buildings in the
Heritage Area that are consistent with the themes of the
Heritage Area; and
(v) carrying out any other activity that the local
coordinating entity determines to be consistent with this
section;
(C) conduct meetings open to the public at least annually
regarding the development and implementation of the management
plan;
(D) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(E) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds;
(F) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(G) ensure that each county included in the Heritage Area
is appropriately represented on any oversight advisory
committee established under this section to coordinate the
Heritage Area.
(2) Authorities.--The local coordinating entity may, subject to
the prior approval of the Secretary, for the purposes of preparing
and implementing the management plan, use Federal funds made
available under this section to--
(A) make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program; and
(E) contract for goods or services.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) provide recommendations for the preservation,
conservation, enhancement, funding, management, interpretation,
development, and promotion of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area;
(B) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(C) include--
(i) an inventory of the natural, historical, cultural,
archaeological, and recreational resources of the Heritage
Area; and
(ii) an analysis of how Federal, State, tribal, and
local programs may best be coordinated to promote and carry
out this section;
(D) provide recommendations for educational and
interpretive programs to provide information to the public on
the resources of the Heritage Area; and
(E) involve residents of affected communities and tribal
and local governments.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management plan
is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the Secretary
shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historical resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if
implemented, would adequately protect the natural,
historical, cultural, archaeological, and recreational
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) 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 aspects of the management
plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Review; amendments.--
(i) In general.--After approval by the Secretary of the
management plan, the Alliance shall periodically--
(I) review the management plan; and
(II) submit to the Secretary, for review and
approval by the Secretary, any recommendations for
revisions to the management plan.
(ii) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(iii) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be appropriated
by this section to implement an amendment to the management
plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historical,
cultural, archaeological, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the purposes of
the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating
entity with respect to--
(I) accomplishing the purposes of this section for
the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted
under subparagraph (A)(i), the Secretary shall prepare a
report that includes recommendations for the future role of
the National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report prepared under
this subparagraph recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(I) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) Submission to congress.--On completion of a
report under this subparagraph, the Secretary shall submit
the report to--
(I) the Committee on Energy and Natural Resources
of the Senate; and
(II) the Committee on Natural Resources of the
House of Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Effect.--
(1) Property owners and regulatory protections.--Nothing in
this section--
(A) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(B) requires any property owner to--
(i) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(ii) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of private
land;
(C) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(D) conveys any land use or other regulatory authority to
the local coordinating entity;
(E) authorizes or implies the reservation or appropriation
of water or water rights;
(F) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(G) 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.
(2) No effect on indian tribes.--Nothing in this section--
(A) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(B) diminishes the trust responsibilities or government-to-
government obligations of the United States to any Indian tribe
recognized by the Federal Government.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Amounts made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of
goods or services fairly valued.
(i) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors of
the local coordinating entity.
(2) Heritage area.--The term ``Heritage Area'' means the
Mississippi Delta National Heritage Area established by subsection
(b)(1).
(3) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under subsection
(d).
(5) Map.--The term ``map'' means the map entitled ``Mississippi
Delta National Heritage Area'', numbered T13/80,000, and dated
April 2008.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Mississippi.
(b) Establishment.--
(1) Establishment.--There is established in the State the
Mississippi Delta National Heritage Area.
(2) Boundaries.--The Heritage Area shall include all counties
in the State that contain land located in the alluvial floodplain
of the Mississippi Delta, including Bolivar, Carroll, Coahoma,
Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman,
Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren, Washington,
and Yazoo Counties in the State, as depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in the office of the Director of
the National Park Service.
(4) Local coordinating entity.--
(A) Designation.--The Mississippi Delta National Heritage
Area Partnership shall be the local coordinating entity for the
Heritage Area.
(B) Board of directors.--
(i) Composition.--
(I) In general.--The local coordinating entity
shall be governed by a Board of Directors composed of
15 members, of whom--
(aa) 1 member shall be appointed by Delta State
University;
(bb) 1 member shall be appointed by Mississippi
Valley State University;
(cc) 1 member shall be appointed by Alcorn
State University;
(dd) 1 member shall be appointed by the Delta
Foundation;
(ee) 1 member shall be appointed by the Smith
Robertson Museum;
(ff) 1 member shall be appointed from the
office of the Governor of the State;
(gg) 1 member shall be appointed by Delta
Council;
(hh) 1 member shall be appointed from the
Mississippi Arts Commission;
(ii) 1 member shall be appointed from the
Mississippi Department of Archives and History;
(jj) 1 member shall be appointed from the
Mississippi Humanities Council; and
(kk) up to 5 additional members shall be
appointed for staggered 1- and 2-year terms by
County boards in the Heritage Area.
(II) Residency requirements.--At least 7 members of
the Board shall reside in the Heritage Area.
(ii) Officers.--
(I) In general.--At the initial meeting of the
Board, the members of the Board shall appoint a
Chairperson, Vice Chairperson, and Secretary/Treasurer.
(II) Duties.--
(aa) Chairperson.--The duties of the
Chairperson shall include--
(AA) presiding over meetings of the Board;
(BB) executing documents of the Board; and
(CC) coordinating activities of the
Heritage Area with Federal, State, local, and
nongovernmental officials.
(bb) Vice chairperson.--The Vice Chairperson
shall act as Chairperson in the absence or
disability of the Chairperson.
(iii) Management authority.--
(I) In general.--The Board shall--
(aa) exercise all corporate powers of the local
coordinating entity;
(bb) manage the activities and affairs of the
local coordinating entity; and
(cc) subject to any limitations in the articles
and bylaws of the local coordinating entity, this
section, and any other applicable Federal or State
law, establish the policies of the local
coordinating entity.
(II) Staff.--The Board shall have the authority to
employ any services and staff that are determined to be
necessary by a majority vote of the Board.
(iv) Bylaws.--
(I) In general.--The Board may amend or repeal the
bylaws of the local coordinating entity at any meeting
of the Board by a majority vote of the Board.
(II) Notice.--The Board shall provide notice of any
meeting of the Board at which an amendment to the
bylaws is to be considered that includes the text or a
summary of the proposed amendment.
(v) Minutes.--Not later than 60 days after a meeting of
the Board, the Board shall distribute the minutes of the
meeting among all Board members and the county supervisors
in each county within the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits
and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation
for, natural, historic, scenic, and cultural resources of
the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with the
themes of the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may, subject to
the prior approval of the Secretary, for the purposes of preparing
and implementing the management plan, use Federal funds made
available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and other
interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(E) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area relating to the stories and themes of the region
that should be protected, enhanced, managed, or developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental and
interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any
government, organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in 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 Heritage Area)
to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each of
the major activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management plan
is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the Secretary
shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded
adequate opportunity for public and governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if
implemented, would adequately protect the cultural,
historical, archaeological, natural, and recreational
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) 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 aspects of the management
plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized to be appropriated
by this section to implement an amendment to the management
plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the purposes of
the Heritage Area.
(D) Prohibition of certain requirements.--The Secretary may
not, as a condition of the provision of technical or financial
assistance under this subsection, require any recipient of the
assistance to impose or modify any land use restriction or
zoning ordinance.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating
entity with respect to--
(I) accomplishing the purposes of this section for
the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted
under subparagraph (A)(i), the Secretary shall prepare a
report that includes recommendations for the future role of
the National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report prepared under
this subparagraph recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(I) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) Submission to congress.--On completion of a
report under this subparagraph, the Secretary shall submit
the report to--
(I) the Committee on Energy and Natural Resources
of the Senate; and
(II) the Committee on Natural Resources of the
House of Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land
use plan, or any other regulatory authority of any Federal, State,
or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area;
(7) 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;
(8) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-to-
government obligations of the United States of any federally
recognized Indian tribe.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of
goods or services fairly valued.
(i) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.
(a) Purposes.--The purposes of this section are--
(1) to preserve, support, conserve, and interpret the legacy of
the region represented by the Heritage Area as described in the
feasibility study prepared by the National Park Service;
(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 developments in the growth of the United
States, including the Native American, Colonial American, European
American, and African American heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the development of
the settlement, defense, transportation, commerce, and culture 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 to
identify, preserve, interpret, and develop 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.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the Muscle
Shoals National Heritage Area established by subsection (c)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Muscle Shoals Regional Center, the local
coordinating entity for the Heritage Area designated by subsection
(c)(4).
(3) Management plan.--The term ``management plan'' means the
plan for the Heritage Area required under subsection (d)(1)(A).
(4) Map.--The term ``map'' means the map entitled ``Muscle
Shoals National Heritage Area'', numbered T08/80,000, and dated
October 2007.
(5) State.--The term ``State'' means the State of Alabama.
(c) Establishment.--
(1) In general.--There is established the Muscle Shoals
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of the
following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) Availability map.--The map shall be on file and available
for public inspection in the appropriate offices of the National
Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Muscle Shoals Regional
Center shall be the local coordinating entity for the Heritage
Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds;
(D) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area; and
(E) serve as a catalyst for the implementation of projects
and programs among diverse partners in the Heritage Area.
(2) Authorities.--The local coordinating entity may, subject to
the prior approval of the Secretary, for the purposes of preparing
and implementing the management plan, use Federal funds made
available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and other
interested parties;
(C) hire and compensate staff, including individuals with
expertise in--
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under this
section to acquire any interest in real property.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to develop the management plan, the local
coordinating entity shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
Heritage Area that should be protected, enhanced, interpreted,
managed, funded, or developed;
(E) 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, historic, cultural,
educational, scenic, and recreational resources of the Heritage
Area;
(F) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) 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;
(G) include an analysis of, and recommendations for, ways
in 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 Heritage Area)
to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each of
the major activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary by the date that is 3 years after the
date on which funds are first made available to develop the
management plan, the local coordinating entity shall not qualify
for additional financial assistance under this section until the
management plan is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the Secretary
shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State in which the Heritage Area is
located before approving the management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including Federal,
State, tribal, and local governments, natural and historic
resource protection organizations, educational
institutions, businesses, community residents, recreational
organizations, and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public
and Federal, State, tribal, and local governmental
involvement (including through workshops and public
meetings) in the preparation of the management plan;
and
(II) provides for at least semiannual public
meetings to ensure adequate implementation of the
management plan;
(iii) 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,
scenic, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under applicable laws
or land use plans;
(v) 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 aspects of the management
plan;
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan; and
(vii) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
tribal, and local governments, regional planning
organizations, nonprofit organizations, and private sector
parties for implementation of the management plan.
(D) Disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this section to
implement an amendment to the management plan until the
Secretary approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating entity
to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (j), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the
future role of the National Park Service, if any, with
respect to the Heritage Area, in accordance with
subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating
entity with respect to--
(I) accomplishing the purposes of this section for
the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, tribal, local, and
private investments in the Heritage Area to determine the
leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted
under subparagraph (A)(i), the Secretary shall prepare a
report that includes recommendations for the future role of
the National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report prepared under
this subparagraph recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(I) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) Submission to congress.--On completion of a
report under this subparagraph, the Secretary shall submit
the report to--
(I) the Committee on Energy and Natural Resources
of the Senate; and
(II) the Committee on Natural Resources of the
House of Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the maximum extent
practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage
Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land
use plan, or any other regulatory authority of any Federal, State,
or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the
local coordinating entity;
(5) authorizes or implies the reservation or appropriation of
water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) 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.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50 percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(4) Use of federal funds from other sources.--Nothing in this
section precludes the local coordinating entity from using Federal
funds available under provisions of law other than this section for
the purposes for which those funds were authorized.
(j) Termination of Effectiveness.--The authority of the Secretary
to provide financial assistance under this section terminates on the
date that is 15 years after the date of enactment of this Act.
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA,
ALASKA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the Kenai
Mountains-Turnagain Arm National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Kenai Mountains-Turnagain Arm Corridor
Communities Association.
(3) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the Heritage
Area that specifies actions, policies, strategies, performance
goals, and recommendations to meet the goals of the Heritage Area,
in accordance with this section.
(4) Map.--The term ``map'' means the map entitled ``Proposed
Kenai Mountains-Turnagain Arm NHA'' and dated August 7, 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Designation of the Kenai Mountains-Turnagain Arm National
Heritage Area.--
(1) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Area.
(2) Boundaries.--The Heritage Area shall be comprised of the
land in the Kenai Mountains and upper Turnagain Arm region, as
generally depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in--
(A) the appropriate offices of the Forest Service, Chugach
National Forest;
(B) the Alaska Regional Office of the National Park
Service; and
(C) the office of the Alaska State Historic Preservation
Officer.
(c) Management Plan.--
(1) Local coordinating entity.--The local coordinating entity,
in partnership with other interested parties, shall develop a
management plan for the Heritage Area in accordance with this
section.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for use in--
(i) telling the story of the heritage of the area
covered by the Heritage Area; and
(ii) encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) include a description of actions and commitments that
the Federal Government, 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 Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected, enhanced,
interpreted, managed, funded, and developed;
(E) 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 Heritage
Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) 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;
(G) 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,
the Forest Service, and other Federal agencies associated with
the Heritage Area) to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and
functions of the local coordinating entity and each of the
major activities contained in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after the date of enactment of this Act, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph (A),
the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
management plan under paragraph (3), the Secretary shall review
and approve or disapprove the management plan for a Heritage
Area on the basis of the criteria established under
subparagraph (C).
(B) Consultation.--The Secretary shall consult with the
Governor of the State in which the Heritage Area is located
before approving a management plan for the Heritage Area.
(C) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the Secretary
shall consider whether--
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including the
Federal Government, State, tribal, and local governments,
natural and historical resource protection organizations,
educational institutions, businesses, recreational
organizations, community residents, and private property
owners;
(ii) 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;
(iii) 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, historical,
cultural, educational, scenic, and recreational resources
of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land
laws or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with other interested
parties, to carry out the plan;
(vi) 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
(vii) the management plan demonstrates partnerships
among the local coordinating entity, Federal Government,
State, tribal, and local governments, regional planning
organizations, nonprofit organizations, or private sector
parties for implementation of the management plan.
(D) Disapproval.--
(i) 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.
(ii) Deadline.--Not later than 180 days after receiving
a revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan
that substantially alters the purposes of the Heritage Area
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(ii) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this section to
implement an amendment to the management plan until the
Secretary approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(d) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under this section, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph (1)(A)
shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the impact of the
investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(3) Report.--Based on the evaluation conducted under paragraph
(1)(A), 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 includes
recommendations for the future role of the National Park Service,
if any, with respect to the Heritage Area.
(e) Local Coordinating Entity.--
(1) Duties.--To further the purposes of the Heritage Area, in
addition to developing the management plan for the Heritage Area
under subsection (c), the local coordinating entity shall--
(A) serve to facilitate and expedite the implementation of
projects and programs among diverse partners in the Heritage
Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments
of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraging; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
section, all information pertaining to the expenditure of the
funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(2) Authorities.--For the purpose of preparing and implementing
the approved management plan for the Heritage Area under subsection
(c), the local coordinating entity may use Federal funds made
available under this section--
(A) to make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) to enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(C) to hire and compensate staff, including individuals
with expertise in--
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source, including
other Federal programs;
(E) to enter into contracts for goods or services; and
(F) to support activities of partners and any other
activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized under this
section to acquire any interest in real property.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the authority
of a Federal agency to provide technical or financial assistance
under any other provision of law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on a
Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the local coordinating entity, to
the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage Federal land
under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Private Property and Regulatory Protections.--Nothing in this
section--
(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
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 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 any State to manage fish and
wildlife, including the regulation of fishing and hunting within
the 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.
(h) Funding.--
(1) Authorization of appropriations.--Subject to paragraph (2),
there is authorized to be appropriated to carry out this section
$1,000,000 for each fiscal year, to remain available until
expended.
(2) Limitation on total amounts appropriated.--Not more than a
total of $10,000,000 may be made available to carry out this
section.
(3) Cost-sharing.--
(A) In general.--The Federal share of the total cost of any
activity carried out under this section shall not exceed 50
percent.
(B) Form of non-federal share.--The non-Federal share of
the cost of any activity carried out under this section may be
provided in the form of in-kind contributions of goods or
services fairly valued.
(i) Termination of Authority.--The authority of the Secretary to
provide financial assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
Subtitle B--Studies
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) Definitions.--In this section:
(1) Corridor.--The term ``Corridor'' means the Chattahoochee
Trace National Heritage Corridor.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(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 State
historic preservation officers, State historical societies, State
tourism offices, and other appropriate organizations or agencies,
shall conduct a study to assess the suitability and feasibility of
designating the study area as the Chattahoochee Trace National
Heritage Corridor.
(2) Study area.--The study area includes--
(A) the portion of the Apalachicola-Chattahoochee-Flint
River Basin and surrounding areas, as generally depicted on the
map entitled ``Chattahoochee Trace National Heritage Corridor,
Alabama/Georgia'', numbered T05/80000, and dated July 2007; and
(B) any other areas in the State of Alabama or Georgia
that--
(i) have heritage aspects that are similar to the areas
depicted on the map described in subparagraph (A); and
(ii) are adjacent to, or in the vicinity of, those
areas.
(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) represent distinctive aspects of the heritage of
the United States;
(ii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iii) 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 folklife
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 recreational and 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 Corridor;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Corridor,
including the Federal Government; and
(iii) have demonstrated support for the designation of
the Corridor;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Corridor 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 3rd 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.
SEC. 8102. NORTHERN NECK, VIRGINIA.
(a) Definitions.--In this section:
(1) Proposed heritage area.--The term ``proposed Heritage
Area'' means the proposed Northern Neck National Heritage Area.
(2) State.--The term ``State'' means the State of Virginia.
(3) Study area.--The term ``study area'' means the area that is
comprised of--
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of the State;
(B) Westmoreland, Northumberland, Richmond, King George,
and Lancaster Counties of the State; and
(C) any other area that--
(i) has heritage aspects that are similar to the
heritage aspects of the areas described in subparagraph (A)
or (B); and
(ii) is located adjacent to, or in the vicinity of,
those areas.
(b) Study.--
(1) In general.--In accordance with paragraphs (2) and (3), the
Secretary, in consultation with appropriate State historic
preservation officers, State historical societies, and other
appropriate organizations, shall conduct a study to determine the
suitability and feasibility of designating the study area as the
Northern Neck National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historical, cultural,
educational, scenic, or recreational resources that together
are nationally important to the heritage of the United States;
(B) represents distinctive aspects of the heritage of the
United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the local or
regional level;
(D) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the heritage of the United States;
(E) provides outstanding opportunities to conserve natural,
historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that have
national importance;
(H) includes residents, business interests, nonprofit
organizations, and appropriate Federal agencies and State and
local governments that are involved in the planning of, and
have demonstrated significant support for, the designation and
management of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the management plan
developed for the proposed Heritage Area;
(J) with respect to the designation of the study area, has
the support of the proposed local coordinating entity and
appropriate Federal agencies and State and local governments,
each of which has documented the commitment of the entity to
work in partnership with each other entity to protect, enhance,
interpret, fund, manage, and develop the resources located in
the study area;
(K) through the proposed local coordinating entity, has
developed a conceptual financial plan that outlines the roles
of all participants (including the Federal Government) in the
management of the proposed Heritage Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported by the
public and appropriate Federal agencies.
(3) Additional consultation requirement.--In conducting the
study under paragraph (1), the Secretary shall--
(A) consult with the managers of any Federal land located
within the study area; and
(B) before making any determination with respect to the
designation of the study area, secure the concurrence of each
manager with respect to each finding of the study.
(c) Determination.--
(1) In general.--The Secretary, in consultation with the
Governor of the State, shall review, comment on, and determine if
the study area meets each requirement described in subsection
(b)(2) for designation as a national heritage area.
(2) Report.--
(A) In general.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out the
study, the Secretary shall submit a report describing the
findings, conclusions, and recommendations of the study to--
(i) the Committee on Energy and Natural Resources of
the Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Requirements.--
(i) In general.--The report shall contain--
(I) any comments that the Secretary has received
from the Governor of the State relating to the
designation of the study area as a national heritage
area; and
(II) a finding as to whether the study area meets
each requirement described in subsection (b)(2) for
designation as a national heritage area.
(ii) Disapproval.--If the Secretary determines that the
study area does not meet any requirement described in
subsection (b)(2) for designation as a national heritage
area, the Secretary shall include in the report a
description of each reason for the determination.
Subtitle C--Amendments Relating to National Heritage Corridors
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE
CORRIDOR.
(a) Termination of Authority.--Section 106(b) of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16
U.S.C. 461 note; Public Law 103-449) is amended by striking ``September
30, 2009'' and inserting ``September 30, 2015''.
(b) Evaluation; Report.--Section 106 of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461
note; Public Law 103-449) is amended by adding at the end the
following:
``(c) Evaluation; Report.--
``(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Corridor,
the Secretary shall--
``(A) conduct an evaluation of the accomplishments of the
Corridor; and
``(B) prepare a report in accordance with paragraph (3).
``(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
``(A) assess the progress of the management entity with
respect to--
``(i) accomplishing the purposes of this title for the
Corridor; and
``(ii) achieving the goals and objectives of the
management plan for the Corridor;
``(B) analyze the Federal, State, local, and private
investments in the Corridor to determine the leverage and
impact of the investments; and
``(C) review the management structure, partnership
relationships, and funding of the Corridor for purposes of
identifying the critical components for sustainability of the
Corridor.
``(3) Report.--
``(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Corridor.
``(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Corridor be reauthorized, the report shall include an analysis
of--
``(i) ways in which Federal funding for the Corridor
may be reduced or eliminated; and
``(ii) the appropriate time period necessary to achieve
the recommended reduction or elimination.
``(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
``(i) the Committee on Energy and Natural Resources of
the Senate; and
``(ii) the Committee on Natural Resources of the House
of Representatives.''.
(c) Authorization of Appropriations.--Section 109(a) of the
Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; Public Law 103-449) is amended by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
The Delaware and Lehigh National Heritage Corridor Act of 1988 (16
U.S.C. 461 note; Public Law 100-692) is amended--
(1) in section 9--
(A) by striking ``The Commission'' and inserting the
following:
``(a) In General.--The Commission''; and
(B) by adding at the end the following:
``(b) Corporation as Local Coordinating Entity.--Beginning on the
date of enactment of the Omnibus Public Land Management Act of 2009,
the Corporation shall be the local coordinating entity for the
Corridor.
``(c) Implementation of Management Plan.--The Corporation shall
assume the duties of the Commission for the implementation of the Plan.
``(d) Use of Funds.--The Corporation may use Federal funds made
available under this Act--
``(1) to make grants to, and enter into cooperative agreements
with, the Federal Government, the Commonwealth, political
subdivisions of the Commonwealth, nonprofit organizations, and
individuals;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``(e) Restriction on Use of Funds.--The Corporation may not use
Federal funds made available under this Act to acquire land or an
interest in land.'';
(2) in section 10--
(A) in the first sentence of subsection (c), by striking
``shall assist the Commission'' and inserting ``shall, on the
request of the Corporation, assist'';
(B) in subsection (d)--
(i) by striking ``Commission'' each place it appears
and inserting ``Corporation'';
(ii) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the Corporation and other public or
private entities for the purpose of providing technical assistance
and grants under paragraph (1).
``(3) Priority.--In providing assistance to the Corporation
under paragraph (1), the Secretary shall give priority to
activities that assist in--
``(A) conserving the significant natural, historic,
cultural, and scenic resources of the Corridor; and
``(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Corridor.'';
and
(C) by adding at the end the following:
``(e) Transition Memorandum of Understanding.--The Secretary shall
enter into a memorandum of understanding with the Corporation to
ensure--
``(1) appropriate transition of management of the Corridor from
the Commission to the Corporation; and
``(2) coordination regarding the implementation of the Plan.'';
(3) in section 11, in the matter preceding paragraph (1), by
striking ``directly affecting'';
(4) in section 12--
(A) in subsection (a), by striking ``Commission'' each
place it appears and inserting ``Corporation'';
(B) in subsection (c)(1), by striking ``2007'' and
inserting ``2012''; and
(C) by adding at the end the following:
``(d) Termination of Assistance.--The authority of the Secretary to
provide financial assistance under this Act terminates on the date that
is 5 years after the date of enactment of this subsection.''; and
(5) in section 14--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `Corporation' means the Delaware & Lehigh
National Heritage Corridor, Incorporated, an organization described
in section 501(c)(3), and exempt from Federal tax under section
501(a), of the Internal Revenue Code of 1986;''.
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (16 U.S.C. 461
note; Public Law 106-554) is amended--
(1) in section 804--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``27'' and inserting ``at least 21 members, but not more
than 27'';
(ii) in paragraph (2), by striking ``Environment'' and
inserting ``Environmental''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by
striking ``19'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(IV) in subparagraph (B) (as redesignated by
subclause (III)), by striking the second sentence; and
(V) by inserting after subparagraph (B) (as
redesignated by subclause (III)) the following:
``(C) The remaining members shall be--
``(i) appointed by the Secretary, based on
recommendations from each member of the House of
Representatives, the district of which encompasses the
Corridor; and
``(ii) persons that are residents of, or employed
within, the applicable congressional districts.'';
(B) in subsection (f), by striking ``Fourteen members of
the Commission'' and inserting ``A majority of the serving
Commissioners'';
(C) in subsection (g), by striking ``14 of its members''
and inserting ``a majority of the serving Commissioners'';
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
``(4)(A) to appoint any staff that may be necessary to carry
out the duties of the Commission, subject to the provisions of
title 5, United States Code, relating to appointments in the
competitive service; and
``(B) to fix the compensation of the staff, in accordance with
the provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to the classification of
positions and General Schedule pay rates;''; and
(E) in subsection (j), by striking ``10 years'' and
inserting ``15 years'';
(2) in section 807--
(A) in subsection (e), by striking ``with regard to the
preparation and approval of the Canalway Plan''; and
(B) by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability of
appropriations, the Superintendent of Saratoga National Historical Park
may, on request, provide to public and private organizations in the
Corridor (including the Commission) any operational assistance that is
appropriate to assist with the implementation of the Canalway Plan.'';
and
(3) in section 810(a)(1), in the first sentence, by striking
``any fiscal year'' and inserting ``any fiscal year, to remain
available until expended''.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR.
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note; 100 Stat.
3626, 120 Stat. 1857) is amended--
(1) by striking ``shall be the the'' and inserting ``shall be
the''; and
(2) by striking ``Directors from Massachusetts and Rhode
Island;'' and inserting ``Directors from Massachusetts and Rhode
Island, ex officio, or their delegates;''.
Subtitle D--Effect of Title
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.
Nothing in this title shall be construed as affecting access for
recreational activities otherwise allowed by law or regulation,
including hunting, fishing, or trapping.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Reclamation, may conduct feasibility studies on projects that
address water shortages within the Snake, Boise, and Payette River
systems in the State of Idaho, and are considered appropriate for
further study by the Bureau of Reclamation Boise Payette water storage
assessment report issued during 2006.
(b) Bureau of Reclamation.--A study conducted under this section
shall comply with Bureau of Reclamation policy standards and guidelines
for studies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$3,000,000.
(d) Termination of Effectiveness.--The authority provided by this
section terminates on the date that is 10 years after the date of
enactment of this Act.
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) Definitions.--In this section:
(1) Appraisal report.--The term ``appraisal report'' means the
appraisal report concerning the augmentation alternatives for the
Sierra Vista Subwatershed in the State of Arizona, dated June 2007
and prepared by the Bureau of Reclamation.
(2) Principles and guidelines.--The term ``principles and
guidelines'' means the report entitled ``Economic and Environmental
Principles and Guidelines for Water and Related Land Resources
Implementation Studies'' issued on March 10, 1983, by the Water
Resources Council established under title I of the Water Resources
Planning Act (42 U.S.C. 1962a et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Sierra Vista Subwatershed Feasibility Study.--
(1) Study.--
(A) In general.--In accordance with the reclamation laws
and the principles and guidelines, the Secretary, acting
through the Commissioner of Reclamation, may complete a
feasibility study of alternatives to augment the water supplies
within the Sierra Vista Subwatershed in the State of Arizona
that are identified as appropriate for further study in the
appraisal report.
(B) Inclusions.--In evaluating the feasibility of
alternatives under subparagraph (A), the Secretary shall--
(i) include--
(I) any required environmental reviews;
(II) the construction costs and projected
operations, maintenance, and replacement costs for each
alternative; and
(III) the economic feasibility of each alternative;
(ii) take into consideration the ability of Federal,
tribal, State, and local government sources and private
sources to fund capital construction costs and annual
operation, maintenance, energy, and replacement costs;
(iii) establish the basis for--
(I) any cost-sharing allocations; and
(II) anticipated repayment, if any, of Federal
contributions; and
(iv) perform a cost-benefit analysis.
(2) Cost sharing requirement.--
(A) In general.--The Federal share of the total costs of
the study under paragraph (1) shall not exceed 45 percent.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) may be in the form of any in-
kind service that the Secretary determines would contribute
substantially toward the conduct and completion of the study
under paragraph (1).
(3) Statement of congressional intent relating to completion of
study.--It is the intent of Congress that the Secretary complete
the study under paragraph (1) by a date that is not later than 30
months after the date of enactment of this Act.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$1,260,000.
(c) Water Rights.--Nothing in this section affects--
(1) any valid or vested water right in existence on the date of
enactment of this Act; or
(2) any application for water rights pending before the date of
enactment of this Act.
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.
(a) Feasibility Study, Project Development, Cost Share.--
(1) In general.--The Secretary of the Interior (hereinafter
referred to as ``Secretary''), in consultation and cooperation with
the City of San Diego and the Sweetwater Authority, is authorized
to undertake a study to determine the feasibility of constructing a
four reservoir intertie system to improve water storage
opportunities, water supply reliability, and water yield of the
existing non-Federal water storage system. The feasibility study
shall document the Secretary's engineering, environmental, and
economic investigation of the proposed reservoir and intertie
project taking into consideration the range of potential solutions
and the circumstances and needs of the area to be served by the
proposed reservoir and intertie project, the potential benefits to
the people of that service area, and improved operations of the
proposed reservoir and intertie system. The Secretary shall
indicate in the feasibility report required under paragraph (4)
whether the proposed reservoir and intertie project is recommended
for construction.
(2) Federal cost share.--The Federal share of the costs of the
feasibility study shall not exceed 50 percent of the total study
costs. The Secretary may accept as part of the non-Federal cost
share, any contribution of such in-kind services by the City of San
Diego and the Sweetwater Authority that the Secretary determines
will contribute toward the conduct and completion of the study.
(3) Cooperation.--The Secretary shall consult and cooperate
with appropriate State, regional, and local authorities in
implementing this subsection.
(4) Feasibility report.--The Secretary shall submit to Congress
a feasibility report for the project the Secretary recommends, and
to seek, as the Secretary deems appropriate, specific authority to
develop and construct any recommended project. This report shall
include--
(A) good faith letters of intent by the City of San Diego
and the Sweetwater Authority and its non-Federal partners to
indicate that they have committed to share the allocated costs
as determined by the Secretary; and
(B) a schedule identifying the annual operation,
maintenance, and replacement costs that should be allocated to
the City of San Diego and the Sweetwater Authority, as well as
the current and expected financial capability to pay operation,
maintenance, and replacement costs.
(b) Federal Reclamation Projects.--Nothing in this section shall
supersede or amend the provisions of Federal Reclamation laws or laws
associated with any project or any portion of any project constructed
under any authority of Federal Reclamation laws.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,000,000 for the Federal cost share of
the study authorized in subsection (a).
(d) Sunset.--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.
Subtitle B--Project Authorizations
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION PROJECT,
OREGON.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo Irrigation
District Water Conservation Project authorized under subsection
(b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Authorization To Plan, Design and Construct the Tumalo Water
Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total cost of
the Project shall be 25 percent, which shall be nonreimbursable
to the United States.
(B) Credit toward non-federal share.--The Secretary shall
credit toward the non-Federal share of the Project any amounts
that the District provides toward the design, planning, and
construction before the date of enactment of this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall pay
the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section shall
not be considered to be 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.).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the Federal share of the cost of the
Project $4,000,000.
(d) Termination of Authority.--The authority of the Secretary to
carry out this section shall expire on the date that is 10 years after
the date of enactment of this Act.
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-acre
Madera Ranch in Madera, California, owned, operated, maintained,
and managed by the District that will plan, design, and construct
recharge, recovery, and delivery systems able to store up to
250,000 acre-feet of water and recover up to 55,000 acre-feet of
water per year, as substantially described in the California
Environmental Quality Act, Final Environmental Impact Report for
the Madera Irrigation District Water Supply Enhancement Project,
September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Total cost.--The term ``total cost'' means all reasonable
costs, such as the planning, design, permitting, and construction
of the Project and the acquisition costs of lands used or acquired
by the District for the Project.
(b) Project Feasibility.--
(1) Project feasible.--Pursuant to the Reclamation Act of 1902
(32 Stat. 388) and Acts amendatory thereof and supplemental
thereto, the Project is feasible and no further studies or actions
regarding feasibility are necessary.
(2) Applicability of other laws.--The Secretary shall implement
the authority provided in this section in accordance with all
applicable Federal laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460 et seq.).
(c) Cooperative Agreement.--All final planning and design and the
construction of the Project authorized by this section shall be
undertaken in accordance with a cooperative agreement between the
Secretary and the District for the Project. Such cooperative agreement
shall set forth in a manner acceptable to the Secretary and the
District the responsibilities of the District for participating, which
shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of the
foregoing.
(d) Authorization for the Madera Water Supply and Enhancement
Project.--
(1) Authorization of construction.--The Secretary, acting
pursuant to the Federal reclamation laws (Act of June 17, 1902; 32
Stat. 388), and Acts amendatory thereof or supplementary thereto,
is authorized to enter into a cooperative agreement through the
Bureau of Reclamation with the District for the support of the
final design and construction of the Project.
(2) Total cost.--The total cost of the Project for the purposes
of determining the Federal cost share shall not exceed $90,000,000.
(3) Cost share.--The Federal share of the capital costs of the
Project shall be provided on a nonreimbursable basis and shall not
exceed 25 percent of the total cost. Capital, planning, design,
permitting, construction, and land acquisition costs incurred by
the District prior to the date of the enactment of this Act shall
be considered a portion of the non-Federal cost share.
(4) Credit for non-federal work.--The District shall receive
credit toward the non-Federal share of the cost of the Project
for--
(A) in-kind services that the Secretary determines would
contribute substantially toward the completion of the project;
(B) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(C) the acquisition costs of lands used or acquired by the
District for the Project.
(5) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this
subsection. The operation, ownership, and maintenance of the
Project shall be the sole responsibility of the District.
(6) Plans and analyses consistent with federal law.--Before
obligating funds for design or construction under this subsection,
the Secretary shall work cooperatively with the District to use, to
the extent possible, plans, designs, and engineering and
environmental analyses that have already been prepared by the
District for the Project. The Secretary shall ensure that such
information as is used is consistent with applicable Federal laws
and regulations.
(7) Title; responsibility; liability.--Nothing in this
subsection or the assistance provided under this subsection shall
be construed to transfer title, responsibility, or liability
related to the Project to the United States.
(8) Authorization of appropriation.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$22,500,000 or 25 percent of the total cost of the Project,
whichever is less.
(e) Sunset.--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. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW MEXICO.
(a) Definitions.--In this section:
(1) Authority.--The term ``Authority'' means the Eastern New
Mexico Rural Water Authority, an entity formed under State law for
the purposes of planning, financing, developing, and operating the
System.
(2) Engineering report.--The term ``engineering report'' means
the report entitled ``Eastern New Mexico Rural Water System
Preliminary Engineering Report'' and dated October 2006.
(3) Plan.--The term ``plan'' means the operation, maintenance,
and replacement plan required by subsection (c)(2).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of New Mexico.
(6) System.--
(A) In general.--The term ``System'' means the Eastern New
Mexico Rural Water System, a water delivery project designed to
deliver approximately 16,500 acre-feet of water per year from
the Ute Reservoir to the cities of Clovis, Elida, Grady,
Melrose, Portales, and Texico and other locations in Curry,
Roosevelt, and Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the major
components and associated infrastructure identified as the
``Best Technical Alternative'' in the engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the Ute
Dam on the Canadian River, located approximately 32 miles upstream
of the border between New Mexico and Texas.
(b) Eastern New Mexico Rural Water System.--
(1) Financial assistance.--
(A) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(B) Use.--
(i) In general.--Any financial assistance provided
under subparagraph (A) shall be obligated and expended only
in accordance with a cooperative agreement entered into
under subsection (d)(1)(B).
(ii) Limitations.--Financial assistance provided under
clause (i) shall not be used--
(I) for any activity that is inconsistent with
constructing the System; or
(II) to plan or construct facilities used to supply
irrigation water for irrigated agricultural purposes.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this section shall be not more than 75 percent
of the total cost of the System.
(B) System development costs.--For purposes of subparagraph
(A), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(3) Limitation.--No amounts made available under this section
may be used for the construction of the System until--
(A) a plan is developed under subsection (c)(2); and
(B) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(4) Title to project works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be
specified under State law.
(c) Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Authority shall be responsible for the
annual operation, maintenance, and replacement costs associated
with the System.
(2) Operation, maintenance, and replacement plan.--The
Authority, in consultation with the Secretary, shall develop an
operation, maintenance, and replacement plan that establishes the
rates and fees for beneficiaries of the System in the amount
necessary to ensure that the System is properly maintained and
capable of delivering approximately 16,500 acre-feet of water per
year.
(d) Administrative Provisions.--
(1) Cooperative agreements.--
(A) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this section.
(B) Cooperative agreement for provision of financial
assistance.--
(i) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance and any other assistance requested by
the Authority for planning, design, related preconstruction
activities, and construction of the System.
(ii) Requirements.--The cooperative agreement entered
into under clause (i) shall, at a minimum, specify the
responsibilities of the Secretary and the Authority with
respect to--
(I) ensuring that the cost-share requirements
established by subsection (b)(2) are met;
(II) completing the planning and final design of
the System;
(III) any environmental and cultural resource
compliance activities required for the System; and
(IV) the construction of the System.
(2) Technical assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance
that is necessary to assist the Authority in planning, designing,
constructing, and operating the System.
(3) Biological assessment.--The Secretary shall consult with
the New Mexico Interstate Stream Commission and the Authority in
preparing any biological assessment under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) that may be required for
planning and constructing the System.
(4) Effect.--Nothing in this section--
(A) affects or preempts--
(i) State water law; or
(ii) an interstate compact relating to the allocation
of water; or
(B) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(i) the water of a stream; or
(ii) any groundwater resource.
(e) Authorization of Appropriations.--
(1) In general.--In accordance with the adjustment carried out
under paragraph (2), there is authorized to be appropriated to the
Secretary to carry out this section an amount not greater than
$327,000,000.
(2) Adjustment.--The amount made available under paragraph (1)
shall be adjusted to reflect changes in construction costs
occurring after January 1, 2007, as indicated by engineering cost
indices applicable to the types of construction necessary to carry
out this section.
(3) Nonreimbursable amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under
subsection (b)(2) shall be nonreimbursable and nonreturnable to the
United States.
(4) Availability of funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this section shall be
retained for use in future fiscal years consistent with this
section.
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the Rancho
California Water District, California, may participate in the design,
planning, and construction of permanent facilities for water recycling,
demineralization, and desalination, and distribution of non-potable
water supplies in Southern Riverside County, California.
``(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 or $20,000,000, whichever is less.
``(c) Limitation.--Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the project
described in subsection (a).''.
(b) Clerical Amendment.--The table of items in section 2 of Public
Law 102-575 is amended by inserting after the last item the following:
``Sec. 1649. Rancho California Water District Project, California.''.
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.
(a) Definitions.--In this section:
(1) Assessment.--The term ``assessment'' means the engineering
document that is--
(A) entitled ``Jackson Gulch Inlet Canal Project, Jackson
Gulch Outlet Canal Project, Jackson Gulch Operations Facilities
Project: Condition Assessment and Recommendations for
Rehabilitation'';
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) District.--The term ``District'' means the Mancos Water
Conservancy District established under the Water Conservancy Act
(Colo. Rev. Stat. 37-45-101 et seq.).
(3) Project.--The term ``Project'' means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of the
Jackson Gulch Canal system and other infrastructure in the State,
as described in the assessment.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(5) State.--The term ``State'' means the State of Colorado.
(b) Authorization of Jackson Gulch Rehabilitation Project.--
(1) In general.--Subject to the reimbursement requirement
described in paragraph (3), the Secretary shall pay the Federal
share of the total cost of carrying out the Project.
(2) Use of existing information.--In preparing any studies
relating to the Project, the Secretary shall, to the maximum extent
practicable, use existing studies, including engineering and
resource information provided by, or at the direction of--
(A) Federal, State, or local agencies; and
(B) the District.
(3) Reimbursement requirement.--
(A) Amount.--The Secretary shall recover from the District
as reimbursable expenses the lesser of--
(i) the amount equal to 35 percent of the cost of the
Project; or
(ii) $2,900,000.
(B) Manner.--The Secretary shall recover reimbursable
expenses under subparagraph (A)--
(i) in a manner agreed to by the Secretary and the
District;
(ii) over a period of 15 years; and
(iii) with no interest.
(C) Credit.--In determining the exact amount of
reimbursable expenses to be recovered from the District, the
Secretary shall credit the District for any amounts it paid
before the date of enactment of this Act for engineering work
and improvements directly associated with the Project.
(4) Prohibition on operation and maintenance costs.--The
District shall be responsible for the operation and maintenance of
any facility constructed or rehabilitated under this section.
(5) Liability.--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 under this
section.
(6) Effect.--An activity provided Federal funding under this
section shall not be considered a supplemental or additional
benefit under--
(A) the reclamation laws; or
(B) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to pay the Federal share of the total
cost of carrying out the Project $8,250,000.
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) drought, population increases, and environmental needs
are exacerbating water supply issues across the western United
States, including the Rio Grande Basin in New Mexico;
(B) a report developed by the Bureau of Reclamation and the
Bureau of Indian Affairs in 2000 identified a serious need for
the rehabilitation and repair of irrigation infrastructure of
the Rio Grande Pueblos;
(C) inspection of existing irrigation infrastructure of the
Rio Grande Pueblos shows that many key facilities, such as
diversion structures and main conveyance ditches, are unsafe
and barely, if at all, operable;
(D) the benefits of rehabilitating and repairing irrigation
infrastructure of the Rio Grande Pueblos include--
(i) water conservation;
(ii) extending available water supplies;
(iii) increased agricultural productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture of Indian Pueblos
in the State;
(E) certain Indian Pueblos in the Rio Grande Basin receive
water from facilities operated or owned by the Bureau of
Reclamation; and
(F) rehabilitation and repair of irrigation infrastructure
of the Rio Grande Pueblos would improve--
(i) overall water management by the Bureau of
Reclamation; and
(ii) the ability of the Bureau of Reclamation to help
address potential water supply conflicts in the Rio Grande
Basin.
(2) Purpose.--The purpose of this section is to direct the
Secretary--
(A) to assess the condition of the irrigation
infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the rehabilitation of
irrigation infrastructure of the Rio Grande Pueblos in
accordance with specified criteria; and
(C) to implement projects to rehabilitate and improve the
irrigation infrastructure of the Rio Grande Pueblos.
(b) Definitions.--In this section:
(1) 2004 agreement.--The term ``2004 Agreement'' means the
agreement entitled ``Agreement By and Between the United States of
America and the Middle Rio Grande Conservancy District, Providing
for the Payment of Operation and Maintenance Charges on Newly
Reclaimed Pueblo Indian Lands in the Middle Rio Grande Valley, New
Mexico'' and executed in September 2004 (including any successor
agreements and amendments to the agreement).
(2) Designated engineer.--The term ``designated engineer''
means a Federal employee designated under the Act of February 14,
1927 (69 Stat. 1098, chapter 138) to represent the United States in
any action involving the maintenance, rehabilitation, or
preservation of the condition of any irrigation structure or
facility on land located in the Six Middle Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle Rio
Grande Conservancy District, a political subdivision of the State
established in 1925.
(4) Pueblo irrigation infrastructure.--The term ``Pueblo
irrigation infrastructure'' means any diversion structure,
conveyance facility, or drainage facility that is--
(A) in existence as of the date of enactment of this Act;
and
(B) located on land of a Rio Grande Pueblo that is
associated with--
(i) the delivery of water for the irrigation of
agricultural land; or
(ii) the carriage of irrigation return flows and excess
water from the land that is served.
(5) Rio grande basin.--The term ``Rio Grande Basin'' means the
headwaters of the Rio Chama and the Rio Grande Rivers (including
any tributaries) from the State line between Colorado and New
Mexico downstream to the elevation corresponding with the spillway
crest of Elephant Butte Dam at 4,457.3 feet mean sea level.
(6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' means
any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally recognized Indian
tribes published by the Secretary in accordance with section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six Middle Rio
Grande Pueblos'' means each of the Pueblos of Cochiti, Santo
Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
(9) Special project.--The term ``special project'' has the
meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of New Mexico.
(c) Irrigation Infrastructure Study.--
(1) Study.--
(A) In general.--On the date of enactment of this Act, the
Secretary, in accordance with subparagraph (B), and in
consultation with the Rio Grande Pueblos, shall--
(i) conduct a study of Pueblo irrigation
infrastructure; and
(ii) based on the results of the study, develop a list
of projects (including a cost estimate for each project),
that are recommended to be implemented over a 10-year
period to repair, rehabilitate, or reconstruct Pueblo
irrigation infrastructure.
(B) Required consent.--In carrying out subparagraph (A),
the Secretary shall only include each individual Rio Grande
Pueblo that notifies the Secretary that the Pueblo consents to
participate in--
(i) the conduct of the study under subparagraph (A)(i);
and
(ii) the development of the list of projects under
subparagraph (A)(ii) with respect to the Pueblo.
(2) Priority.--
(A) Consideration of factors.--
(i) In general.--In developing the list of projects
under paragraph (1)(A)(ii), the Secretary shall--
(I) consider each of the factors described in
subparagraph (B); and
(II) prioritize the projects recommended for
implementation based on--
(aa) a review of each of the factors; and
(bb) a consideration of the projected benefits
of the project on completion of the project.
(ii) Eligibility of projects.--A project is eligible to
be considered and prioritized by the Secretary if the
project addresses at least 1 factor described in
subparagraph (B).
(B) Factors.--The factors referred to in subparagraph (A)
are--
(i)(I) the extent of disrepair of the Pueblo irrigation
infrastructure; and
(II) the effect of the disrepair on the ability of the
applicable Rio Grande Pueblo to irrigate agricultural land
using Pueblo irrigation infrastructure;
(ii) whether, and the extent that, the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would provide an opportunity to conserve
water;
(iii)(I) the economic and cultural impacts that the
Pueblo irrigation infrastructure that is in disrepair has
on the applicable Rio Grande Pueblo; and
(II) the economic and cultural benefits that the
repair, rehabilitation, or reconstruction of the Pueblo
irrigation infrastructure would have on the applicable Rio
Grande Pueblo;
(iv) the opportunity to address water supply or
environmental conflicts in the applicable river basin if
the Pueblo irrigation infrastructure is repaired,
rehabilitated, or reconstructed; and
(v) the overall benefits of the project to efficient
water operations on the land of the applicable Rio Grande
Pueblo.
(3) Consultation.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall consult with the Director
of the Bureau of Indian Affairs (including the designated engineer
with respect to each proposed project that affects the Six Middle
Rio Grande Pueblos), the Chief of the Natural Resources
Conservation Service, and the Chief of Engineers to evaluate the
extent to which programs under the jurisdiction of the respective
agencies may be used--
(A) to assist in evaluating projects to repair,
rehabilitate, or reconstruct Pueblo irrigation infrastructure;
and
(B) to implement--
(i) a project recommended for implementation under
paragraph (1)(A)(ii); or
(ii) any other related project (including on-farm
improvements) that may be appropriately coordinated with
the repair, rehabilitation, or reconstruction of Pueblo
irrigation infrastructure to improve the efficient use of
water in the Rio Grande Basin.
(4) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources
of the House of Representatives a report that includes--
(A) the list of projects recommended for implementation
under paragraph (1)(A)(ii); and
(B) any findings of the Secretary with respect to--
(i) the study conducted under paragraph (1)(A)(i);
(ii) the consideration of the factors under paragraph
(2)(B); and
(iii) the consultations under paragraph (3).
(5) Periodic review.--Not later than 4 years after the date on
which the Secretary submits the report under paragraph (4) and
every 4 years thereafter, the Secretary, in consultation with each
Rio Grande Pueblo, shall--
(A) review the report submitted under paragraph (4); and
(B) update the list of projects described in paragraph
(4)(A) in accordance with each factor described in paragraph
(2)(B), as the Secretary determines to be appropriate.
(d) Irrigation Infrastructure Grants.--
(1) In general.--The Secretary may provide grants to, and enter
into contracts or other agreements with, the Rio Grande Pueblos to
plan, design, construct, or otherwise implement projects to repair,
rehabilitate, reconstruct, or replace Pueblo irrigation
infrastructure that are recommended for implementation under
subsection (c)(1)(A)(ii)--
(A) to increase water use efficiency and agricultural
productivity for the benefit of a Rio Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or help avert
water supply conflicts in the Rio Grande Basin.
(2) Limitation.--Assistance provided under paragraph (1) shall
not be used for--
(A) the repair, rehabilitation, or reconstruction of any
major impoundment structure; or
(B) any on-farm improvements.
(3) Consultation.--In carrying out a project under paragraph
(1), the Secretary shall--
(A) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau of Indian
Affairs; and
(C) as appropriate, coordinate the project with any work
being conducted under the irrigation operations and maintenance
program of the Bureau of Indian Affairs.
(4) Cost-sharing requirement.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the total cost of carrying out a project
under paragraph (1) shall be not more than 75 percent.
(ii) Exception.--The Secretary may waive or limit the
non-Federal share required under clause (i) if the
Secretary determines, based on a demonstration of financial
hardship by the Rio Grande Pueblo, that the Rio Grande
Pueblo is unable to contribute the required non-Federal
share.
(B) District contributions.--
(i) In general.--The Secretary may accept from the
District a partial or total contribution toward the non-
Federal share required for a project carried out under
paragraph (1) on land located in any of the Six Middle Rio
Grande Pueblos if the Secretary determines that the project
is a special project.
(ii) Limitation.--Nothing in clause (i) requires the
District to contribute to the non-Federal share of the cost
of a project carried out under paragraph (1).
(C) State contributions.--
(i) In general.--The Secretary may accept from the
State a partial or total contribution toward the non-
Federal share for a project carried out under paragraph
(1).
(ii) Limitation.--Nothing in clause (i) requires the
State to contribute to the non-Federal share of the cost of
a project carried out under paragraph (1).
(D) Form of non-federal share.--The non-Federal share under
subparagraph (A)(i) may be in the form of in-kind
contributions, including the contribution of any valuable asset
or service that the Secretary determines would substantially
contribute to a project carried out under paragraph (1).
(5) Operation and maintenance.--The Secretary may not use any
amount made available under subsection (g)(2) to carry out the
operation or maintenance of any project carried out under paragraph
(1).
(e) Effect on Existing Authority and Responsibilities.--Nothing in
this section--
(1) affects any existing project-specific funding authority; or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or from any
Federal law (including regulations), Executive order, or agreement
between the Federal Government and any Rio Grande Pueblo).
(f) Effect on Pueblo Water Rights or State Water Law.--
(1) Pueblo water rights.--Nothing in this section (including
the implementation of any project carried out in accordance with
this section) affects the right of any Pueblo to receive, divert,
store, or claim a right to water, including the priority of right
and the quantity of water associated with the water right under
Federal or State law.
(2) State water law.--Nothing in this section preempts or
affects--
(A) State water law; or
(B) an interstate compact governing water.
(g) Authorization of Appropriations.--
(1) Study.--There is authorized to be appropriated to carry out
subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated to carry
out subsection (d) $6,000,000 for each of fiscal years 2010 through
2019.
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602)
is amended--
(1) in paragraph (5), by inserting ``, rehabilitation, and
repair'' after ``and replacement''; and
(2) in paragraph (6), by inserting ``those for protection of
critical habitat, those for preventing entrainment of fish in water
diversions,'' after ``instream flows,''.
(b) Authorization To Fund Recovery Programs.--Section 3 of Public
Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$61,000,000'' and
inserting ``$88,000,000'';
(B) in paragraph (2), by striking ``2010'' and inserting
``2023''; and
(C) in paragraph (3), by striking ``2010'' and inserting
``2023'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``$126,000,000'' and inserting ``$209,000,000'';
(B) in paragraph (1)--
(i) by striking ``$108,000,000'' and inserting
``$179,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(C) in paragraph (2)--
(i) by striking ``$18,000,000'' and inserting
``$30,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(3) in subsection (c)(4), by striking ``$31,000,000'' and
inserting ``$87,000,000''.
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Fallbrook Public
Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Authorization for Construction of Santa Margarita River
Project.--
(1) Authorization.--The Secretary, acting pursuant to 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 the extent that law is not inconsistent
with this section, may construct, operate, and maintain the Project
substantially in accordance with the final feasibility report and
environmental reviews for the Project and this section.
(2) Conditions.--The Secretary may construct the Project only
after the Secretary determines that the following conditions have
occurred:
(A)(i) The District and the Secretary of the Navy have
entered into contracts under subsections (c)(2) and (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs
of constructing, operating, and maintaining the Project.
(ii) As an alternative to a repayment contract with the
Secretary of the Navy described in clause (i), the Secretary
may allow the Secretary of the Navy to satisfy all or a portion
of the repayment obligation for construction of the Project on
the payment of the share of the Secretary of the Navy prior to
the initiation of construction, subject to a final cost
allocation as described in subsection (c).
(B) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted the permits to the Bureau of Reclamation for
the benefit of the Secretary of the Navy and the District as
permittees for rights to the use of water for storage and
diversion as provided in this section, including approval of
all requisite changes in points of diversion and storage, and
purposes and places of use.
(C)(i) The District has agreed--
(I) to not assert against the United States any prior
appropriative right the District may have to water in
excess of the quantity deliverable to the District under
this section; and
(II) to share in the use of the waters impounded by the
Project on the basis of equal priority and in accordance
with the ratio prescribed in subsection (d)(2).
(ii) The agreement and waiver under clause (i) and the
changes in points of diversion and storage under subparagraph
(B)--
(I) shall become effective and binding only when the
Project has been completed and put into operation; and
(II) may be varied by agreement between the District
and the Secretary of the Navy.
(D) The Secretary has determined that the Project has
completed applicable economic, environmental, and engineering
feasibility studies.
(c) Costs.--
(1) In general.--As determined by a final cost allocation after
completion of the construction of the Project, the Secretary of the
Navy shall be responsible to pay upfront or repay to the Secretary
only that portion of the construction, operation, and maintenance
costs of the Project that the Secretary and the Secretary of the
Navy determine reflects the extent to which the Department of the
Navy benefits from the Project.
(2) Other contracts.--Notwithstanding paragraph (1), the
Secretary may enter into a contract with the Secretary of the Navy
for the impoundment, storage, treatment, and carriage of prior
rights water for domestic, municipal, fish and wildlife,
industrial, and other beneficial purposes using Project facilities.
(d) Operation; Yield Allotment; Delivery.--
(1) Operation.--The Secretary, the District, or a third party
(consistent with subsection (f)) may operate the Project, subject
to a memorandum of agreement between the Secretary, the Secretary
of the Navy, and the District and under regulations satisfactory to
the Secretary of the Navy with respect to the share of the Project
of the Department of the Navy.
(2) Yield allotment.--Except as otherwise agreed between the
parties, the Secretary of the Navy and the District shall
participate in the Project yield on the basis of equal priority and
in accordance with the following ratio:
(A) 60 percent of the yield of the Project is allotted to
the Secretary of the Navy.
(B) 40 percent of the yield of the Project is allotted to
the District.
(3) Contracts for delivery of excess water.--
(A) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed on to
administer the Project that the Department of the Navy does not
have immediate need for any portion of the 60 percent of the
yield of the Project allotted to the Secretary of the Navy
under paragraph (2), the official may enter into temporary
contracts for the sale and delivery of the excess water.
(B) First right for excess water.--The first right to
excess water made available under subparagraph (A) shall be
given the District, if otherwise consistent with the laws of
the State of California.
(C) Condition of contracts.--Each contract entered into
under subparagraph (A) for the sale and delivery of excess
water shall include a condition that the Secretary of the Navy
has the right to demand the water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(D) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding the
ratio, amounts, definition of Project yield, and payment for
excess water may be modified by an agreement between the
parties.
(4) Consideration.--
(A) Deposit of funds.--
(i) In general.--Amounts paid to the United States
under a contract entered into under paragraph (3) shall
be--
(I) deposited in the special account established
for the Department of the Navy under section 2667(e)(1)
of title 10, United States Code; and
(II) shall be available for the purposes specified
in section 2667(e)(1)(C) of that title.
(ii) Exception.--Section 2667(e)(1)(D) of title 10,
United States Code, shall not apply to amounts deposited in
the special account pursuant to this paragraph.
(B) In-kind consideration.--In lieu of monetary
consideration under subparagraph (A), or in addition to
monetary consideration, the Secretary of the Navy may accept
in-kind consideration in a form and quantity that is acceptable
to the Secretary of the Navy, including--
(i) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Department of
the Navy;
(ii) construction of new facilities for the Department
of the Navy;
(iii) provision of facilities for use by the Department
of the Navy;
(iv) facilities operation support for the Department of
the Navy; and
(v) provision of such other services as the Secretary
of the Navy considers appropriate.
(C) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities the construction of which is accepted as in-kind
consideration under this paragraph.
(D) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under paragraph (3) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of--
(i) the end of the 30-day period beginning on the date
on which the Secretary of the Navy submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report
describing the contract and the form and quantity of the
in-kind consideration; or
(ii) the end of the 14-day period beginning on the date
on which a copy of the report referred to in clause (i) is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.
(e) Repayment Obligation of the District.--
(1) Determination.--
(A) In general.--Except as otherwise provided in this
paragraph, the general repayment obligation of the District
shall be determined by the Secretary consistent with
subsections (c)(2) and (e) of section 9 of the Reclamation
Project Act of 1939 (43 U.S.C. 485h) to repay to the United
States equitable and appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project.
(B) Groundwater.--For purposes of calculating interest and
determining the time when the repayment obligation of the
District to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed
equivalent to the first use of water from a water storage
project.
(C) Contracts for delivery of excess water.--There shall be
no repayment obligation under this subsection for water
delivered to the District under a contract described in
subsection (d)(3).
(2) Modification of rights and obligation by agreement.--The
rights and obligations of the United States and the District
regarding the repayment obligation of the District may be modified
by an agreement between the parties.
(f) Transfer of Care, Operation, and Maintenance.--
(1) In general.--The Secretary may transfer to the District, or
a mutually agreed upon third party, the care, operation, and
maintenance of the Project under conditions that are--
(A) satisfactory to the Secretary and the District; and
(B) with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory
to the Secretary, the District, and the Secretary of the Navy.
(2) Equitable credit.--
(A) In general.--In the event of a transfer under paragraph
(1), the District shall be entitled to an equitable credit for
the costs associated with the proportionate share of the
Secretary of the operation and maintenance of the Project.
(B) Application.--The amount of costs described in
subparagraph (A) shall be applied against the indebtedness of
the District to the United States.
(g) Scope of Section.--
(1) In general.--Except as otherwise provided in this section,
for the purpose of this section, the laws of the State of
California shall apply to the rights of the United States
pertaining to the use of water under this section.
(2) Limitations.--Nothing in this section--
(A) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United States
acquired according to the laws of the State of California,
either as a result of the acquisition of the land comprising
Camp Joseph H. Pendleton and adjoining naval installations, and
the rights to the use of water as a part of that acquisition,
or through actual use or prescription or both since the date of
that acquisition, if any;
(B) creates any legal obligation to store any water in the
Project, to the use of which the United States has those
rights;
(C) requires the division under this section of water to
which the United States has those rights; or
(D) constitutes a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any, exist
only by virtue of the laws of the State of California.
(h) Limitations on Operation and Administration.--Unless otherwise
agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free passage
of all of the water to the use of which the United States is
entitled according to the laws of the State of California either as
a result of the acquisition of the land comprising Camp Joseph H.
Pendleton and adjoining naval installations, and the rights to the
use of water as a part of those acquisitions, or through actual use
or prescription, or both, since the date of that acquisition, if
any; and
(2) shall not be administered or operated in any way that will
impair or deplete the quantities of water the use of which the
United States would be entitled under the laws of the State of
California had the Project not been built.
(i) Reports to Congress.--Not later than 2 years after the date of
the enactment of this Act and periodically thereafter, the Secretary
and the Secretary of the Navy shall each submit to the appropriate
committees of Congress reports that describe whether the conditions
specified in subsection (b)(2) have been met and if so, the manner in
which the conditions were met.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $60,000,000, as adjusted to reflect the engineering costs
indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
(k) Sunset.--The authority of the Secretary to complete
construction of the Project shall terminate on the date that is 10
years after the date of enactment of this Act.
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) (as amended by section 9104(a)) is amended by adding at the end
the following:
``SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT PROJECTS,
CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the
Elsinore Valley Municipal Water District, California, may participate
in the design, planning, and construction of permanent facilities
needed to establish recycled water distribution and wastewater
treatment and reclamation facilities that will be used to treat
wastewater and provide recycled water in the Elsinore Valley Municipal
Water District, California.
``(b) Cost Sharing.--The Federal share of the cost of each project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the projects
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,500,000.''.
(b) Clerical Amendment.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9104(b)) is amended by
inserting after the item relating to section 1649 the following:
``Sec. 1650. Elsinore Valley Municipal Water District Projects,
California.''.
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.
(a) Project Authorization.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9109(a)) is amended by
adding at the end the following:
``SEC. 1651. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the State
located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by the
Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of feasibility,
the Secretary, acting through a cooperative agreement with the
State or a subdivision of the State, is authorized to enter into
cooperative agreements with eligible entities for the planning,
design, and construction of water reclamation and reuse facilities
and recycled water conveyance and distribution systems.
``(2) Coordination with other federal agencies.--In carrying
out this section, the Secretary and the eligible entity shall, to
the maximum extent practicable, use the design work and
environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay Watershed
of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse Program
carried out under this section shall consist of 2 phases as
follows:
``(A) First phase.--During the first phase, the Secretary
and an eligible entity shall complete the planning, design, and
construction of the main treatment and main conveyance systems.
``(B) Second phase.--During the second phase, the Secretary
and an eligible entity shall complete the planning, design, and
construction of the sub-regional distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost of the
first phase of the project authorized by this section shall not
exceed 25 percent of the total cost of the first phase of the
project.
``(B) Form of non-federal share.--The non-Federal share may
be in the form of any in-kind services that the Secretary
determines would contribute substantially toward the completion
of the water reclamation and reuse project, including--
``(i) reasonable costs incurred by the eligible entity
relating to the planning, design, and construction of the
water reclamation and reuse project; and
``(ii) the acquisition costs of land acquired for the
project that is--
``(I) used for planning, design, and construction
of the water reclamation and reuse project facilities;
and
``(II) owned by an eligible entity and directly
related to the project.
``(C) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized by
this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to the allocation
of water; or
``(B) confers on any non-Federal entity the ability to
exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized to
be appropriated for the Federal share of the total cost of the
first phase of the project authorized by this section $25,000,000,
to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9109(b)) is amended by
inserting after the item relating to section 1650 the following:
``Sec. 1651. North Bay water reuse program.''.
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT, CALIFORNIA.
(a) Prado Basin Natural Treatment System Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C.
390h et seq.) (as amended by section 9110(a)) is amended by adding
at the end the following:
``SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the Orange
County Water District, shall participate in the planning, design, and
construction of natural treatment systems and wetlands for the flows of
the Santa Ana River, California, and its tributaries into the Prado
Basin.
``(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 the operation and maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(2) Conforming amendment.--The table of sections in section 2
of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by section
9110(b)) is amended by inserting after the last item the following:
``1652. Prado Basin Natural Treatment System Project.''.
(b) Lower Chino Dairy Area Desalination Demonstration and
Reclamation Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C.
390h et seq.) (as amended by subsection (a)(1)) is amended by
adding at the end the following:
``SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, and the Santa
Ana Watershed Project Authority and acting under the Federal
reclamation laws, shall participate in the design, planning, and
construction of the Lower Chino Dairy Area desalination demonstration
and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $26,000,000.
``(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 are authorized to be
appropriated such sums as are necessary to carry out this section.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(2) Conforming amendment.--The table of sections in section 2
of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
subsection (a)(2)) is amended by inserting after the last item the
following:
``1653. Lower Chino dairy area desalination demonstration and
reclamation project.''.
(c) Orange County Regional Water Reclamation Project.--Section 1624
of the Reclamation Wastewater and Groundwater Study and Facilities Act
(Public Law 102-575, title XVI; 43 U.S.C. 390h-12j) is amended--
(1) in the section heading, by striking the words ``phase 1 of
the''; and
(2) in subsection (a), by striking ``phase 1 of''.
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Western
Municipal Water District, Riverside County, California.
(2) Project.--
(A) In general.--The term ``Project'' means the Riverside-
Corona Feeder Project.
(B) Inclusions.--The term ``Project'' includes--
(i) 20 groundwater wells;
(ii) groundwater treatment facilities;
(iii) water storage and pumping facilities; and
(iv) 28 miles of pipeline in San Bernardino and
Riverside Counties in the State of California.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Planning, Design, and Construction of Riverside-Corona
Feeder.--
(1) In general.--The Secretary, in cooperation with the
District, may participate in the planning, design, and construction
of the Project.
(2) Agreements and regulations.--The Secretary may enter into
such agreements and promulgate such regulations as are necessary to
carry out this subsection.
(3) Federal share.--
(A) Planning, design, construction.--The Federal share of
the cost to plan, design, and construct the Project shall not
exceed the lesser of--
(i) an amount equal to 25 percent of the total cost of
the Project; and
(ii) $26,000,000.
(B) Studies.--The Federal share of the cost to complete the
necessary planning studies associated with the Project--
(i) shall not exceed an amount equal to 50 percent of
the total cost of the studies; and
(ii) shall be included as part of the limitation
described in subparagraph (A).
(4) In-kind services.--The non-Federal share of the cost of the
Project may be provided in cash or in kind.
(5) Limitation.--Funds provided by the Secretary under this
subsection shall not be used for operation or maintenance of the
Project.
(6) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection the
lesser of--
(A) an amount equal to 25 percent of the total cost of the
Project; and
(B) $26,000,000.
SEC. 9113. GREAT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et
seq.) (as amended by section 9111(b)(1)) is amended by adding at the
end the following:
``SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND
TREATMENT PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Oxnard, California, may participate in the design, planning, and
construction of Phase I permanent facilities for the GREAT project to
reclaim, reuse, and treat impaired water in the area of Oxnard,
California.
``(b) Cost Share.--The Federal share of the costs of the project
described in subsection (a) shall not exceed 25 percent of the total
cost.
``(c) Limitation.--The Secretary shall not provide funds for the
following:
``(1) The operations and maintenance of the project described
in subsection (a).
``(2) The construction, operations, and maintenance of the
visitor's center related to the project described in subsection
(a).
``(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 the enactment of this section.''.
(b) Clerical Amendment.--The table of sections in section 2 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (as
amended by section 9111(b)(2)) is amended by inserting after the last
item the following:
``Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment
project.''.
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) (as amended by section 9113(a)) is amended by adding at the end
the following:
``SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Yucaipa Valley Water District, may participate in the design, planning,
and construction of projects to treat impaired surface water, reclaim
and reuse impaired groundwater, and provide brine disposal within the
Santa Ana Watershed as described in the report submitted under section
1606.
``(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 $20,000,000.
``SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING
AND REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Corona Water Utility, California, is authorized to participate in
the design, planning, and construction of, and land acquisition for, a
project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the City of
Corona Water Utility, California.
``(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.''.
(b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9114(b)) is amended by
inserting after the last item the following:
``Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 1656. City of Corona Water Utility, California, water recycling
and reuse project.''.
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) Cost Share.--The first section of Public Law 87-590 (76 Stat.
389) is amended in the second sentence of subsection (c) by inserting
after ``cost thereof,'' the following: ``or in the case of the Arkansas
Valley Conduit, payment in an amount equal to 35 percent of the cost of
the conduit that is comprised of revenue generated by payments pursuant
to a repayment contract and revenue that may be derived from contracts
for the use of Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities,''.
(b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat. 390) is
amended--
(1) by striking ``(b) Rates'' and inserting the following:
``(b) Rates.--
``(1) In general.--Rates''; and
(2) by adding at the end the following:
``(2) Ruedi dam and reservoir, fountain valley pipeline, and
south outlet works at pueblo dam and reservoir.--
``(A) In general.--Notwithstanding the reclamation laws,
until the date on which the payments for the Arkansas Valley
Conduit under paragraph (3) begin, any revenue that may be
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using Fryingpan-
Arkansas project facilities shall be credited towards payment
of the actual cost of Ruedi Dam and Reservoir, the Fountain
Valley Pipeline, and the South Outlet Works at Pueblo Dam and
Reservoir plus interest in an amount determined in accordance
with this section.
``(B) Effect.--Nothing in the 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.)) prohibits the concurrent crediting of revenue (with
interest as provided under this section) towards payment of the
Arkansas Valley Conduit as provided under this paragraph.
``(3) Arkansas valley conduit.--
``(A) Use of revenue.--Notwithstanding the reclamation
laws, any revenue derived from contracts for the use of
Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities shall be
credited towards payment of the actual cost of the Arkansas
Valley Conduit plus interest in an amount determined in
accordance with this section.
``(B) Adjustment of rates.--Any rates charged under this
section for water for municipal, domestic, or industrial use or
for the use of facilities for the storage or delivery of water
shall be adjusted to reflect the estimated revenue derived from
contracts for the use of Fryingpan-Arkansas project excess
capacity or exchange contracts using Fryingpan-Arkansas project
facilities.''.
(c) Authorization of Appropriations.--Section 7 of Public Law 87-
590 (76 Stat. 393) is amended--
(1) by striking ``Sec. 7. There is hereby'' and inserting the
following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is''; and
(2) by adding at the end the following:
``(b) Arkansas Valley Conduit.--
``(1) In general.--Subject to annual appropriations and
paragraph (2), there are authorized to be appropriated such sums as
are necessary for the construction of the Arkansas Valley Conduit.
``(2) Limitation.--Amounts made available under paragraph (1)
shall not be used for the operation or maintenance of the Arkansas
Valley Conduit.''.
Subtitle C--Title Transfers and Clarifications
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the United
States of America and McGee Creek Authority for the Purpose of
Defining Responsibilities Related to and Implementing the Title
Transfer of Certain Facilities at the McGee Creek Project,
Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee Creek
Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Conveyance of Mcgee Creek Project Pipeline and Associated
Facilities.--
(1) Authority to convey.--
(A) In general.--In accordance with all applicable laws and
consistent with any terms and conditions provided in the
Agreement, the Secretary may convey to the Authority all right,
title, and interest of the United States in and to the pipeline
and any associated facilities described in the Agreement,
including--
(i) the pumping plant;
(ii) the raw water pipeline from the McGee Creek
pumping plant to the rate of flow control station at Lake
Atoka;
(iii) the surge tank;
(iv) the regulating tank;
(v) the McGee Creek operation and maintenance complex,
maintenance shop, and pole barn; and
(vi) any other appurtenances, easements, and fee title
land associated with the facilities described in clauses
(i) through (v), in accordance with the Agreement.
(B) Exclusion of mineral estate from conveyance.--
(i) In general.--The mineral estate shall be excluded
from the conveyance of any land or facilities under
subparagraph (A).
(ii) Management.--Any mineral interests retained by the
United States under this section shall be managed--
(I) consistent with Federal law; and
(II) in a manner that would not interfere with the
purposes for which the McGee Creek Project was
authorized.
(C) Compliance with agreement; applicable law.--
(i) 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.
(ii) Applicable law.--Before any conveyance under
subparagraph (A), the Secretary shall complete any actions
required under--
(I) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(II) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(III) the National Historic Preservation Act (16
U.S.C. 470 et seq.); and
(IV) any other applicable laws.
(2) Operation of transferred facilities.--
(A) In general.--On the conveyance of the land and
facilities under paragraph (1)(A), the Authority shall comply
with all applicable Federal, State, and local laws (including
regulations) in the operation of any transferred facilities.
(B) Operation and maintenance costs.--
(i) In general.--After the conveyance of the land and
facilities under paragraph (1)(A) and consistent with the
Agreement, the Authority shall be responsible for all
duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment of
the transferred land and facilities.
(ii) Limitation on funding.--The Authority shall not be
eligible to receive any Federal funding to assist in the
operation, replacement, maintenance, enhancement, and
betterment of the transferred land and facilities, except
for funding that would be available to any comparable
entity that is not subject to reclamation laws.
(3) Release from liability.--
(A) In general.--Effective beginning on the date of the
conveyance of the land and facilities under paragraph (1)(A),
the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to any
land or facilities conveyed, except for damages caused by acts
of negligence committed by the United States (including any
employee or agent of the United States) before the date of the
conveyance.
(B) No additional liability.--Nothing in this paragraph
adds to any liability that the United States may have under
chapter 171 of title 28, United States Code.
(4) Contractual obligations.--
(A) In general.--Except as provided in subparagraph (B),
any rights and obligations under the contract numbered 0-07-50-
X0822 and dated October 11, 1979, between the Authority and the
United States for the construction, operation, and maintenance
of the McGee Creek Project, shall remain in full force and
effect.
(B) Amendments.--With the consent of the Authority, the
Secretary may amend the contract described in subparagraph (A)
to reflect the conveyance of the land and facilities under
paragraph (1)(A).
(5) Applicability of the reclamation laws.--Notwithstanding the
conveyance of the land and facilities under paragraph (1)(A), the
reclamation laws shall continue to apply to any project water
provided to the Authority.
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE
CLARIFICATION.
(a) Purpose.--The purpose of this section is to direct the
Secretary of the Interior to issue a quitclaim deed conveying any
right, title, and interest the United States may have in and to Tingley
Beach, San Gabriel Park, or the BioPark Parcels to the City, thereby
removing a potential cloud on the City's title to these lands.
(b) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Albuquerque, New
Mexico.
(2) Biopark parcels.--The term ``BioPark Parcels'' means a
certain area of land containing 19.16 acres, more or less, situated
within the Town of Albuquerque Grant, in Projected Section 13,
Township 10 North, Range 2 East, N.M.P.M., City of Albuquerque,
Bernalillo County, New Mexico, comprised of the following platted
tracts and lot, and MRGCD tracts:
(A) Tracts A and B, Albuquerque Biological Park, as the
same are shown and designated on the Plat of Tracts A & B,
Albuquerque Biological Park, recorded in the Office of the
County Clerk of Bernalillo County, New Mexico on February 11,
1994 in Book 94C, Page 44; containing 17.9051 acres, more or
less.
(B) Lot B-1, Roger Cox Addition, as the same is shown and
designated on the Plat of Lots B-1 and B-2 Roger Cox Addition,
recorded in the Office of the County Clerk of Bernalillo
County, New Mexico on October 3, 1985 in Book C28, Page 99;
containing 0.6289 acres, more or less.
(C) Tract 361 of MRGCD Map 38, bounded on the north by
Tract A, Albuquerque Biological Park, on the east by the
westerly right-of-way of Central Avenue, on the south by Tract
332B MRGCD Map 38, and on the west by Tract B, Albuquerque
Biological Park; containing 0.30 acres, more or less.
(D) Tract 332B of MRGCD Map 38; bounded on the north by
Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD
Map 38, and on the south and east by the westerly right-of-way
of Central Avenue; containing 0.25 acres, more or less.
(E) Tract 331A-1A of MRGCD Map 38, bounded on the west by
Tract B, Albuquerque Biological Park, on the east by Tract
332B, MRGCD Map 38, and on the south by the westerly right-of-
way of Central Avenue and Tract A, Albuquerque Biological Park;
containing 0.08 acres, more or less.
(3) Middle rio grande conservancy district.--The terms ``Middle
Rio Grande Conservancy District'' and ``MRGCD'' mean a political
subdivision of the State of New Mexico, created in 1925 to provide
and maintain flood protection and drainage, and maintenance of
ditches, canals, and distribution systems for irrigation and water
delivery and operations in the Middle Rio Grande Valley.
(4) Middle rio grande project.--The term ``Middle Rio Grande
Project'' means the works associated with water deliveries and
operations in the Rio Grande basin as authorized by the Flood
Control Act of 1948 (Public Law 80-858; 62 Stat. 1175) and the
Flood Control Act of 1950 (Public Law 81-516; 64 Stat. 170).
(5) San gabriel park.--The term ``San Gabriel Park'' means the
tract of land containing 40.2236 acres, more or less, situated
within Section 12 and Section 13, T10N, R2E, N.M.P.M., City of
Albuquerque, Bernalillo County, New Mexico, and described by New
Mexico State Plane Grid Bearings (Central Zone) and ground
distances in a Special Warranty Deed conveying the property from
MRGCD to the City, dated November 25, 1997.
(6) Tingley beach.--The term ``Tingley Beach'' means the tract
of land containing 25.2005 acres, more or less, situated within
Section 13 and Section 24, T10N, R2E, and secs. 18 and 19, T10N,
R3E, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico,
and described by New Mexico State Plane Grid Bearings (Central
Zone) and ground distances in a Special Warranty Deed conveying the
property from MRGCD to the City, dated November 25, 1997.
(c) Clarification of Property Interest.--
(1) Required action.--The Secretary of the Interior shall issue
a quitclaim deed conveying any right, title, and interest the
United States may have in and to Tingley Beach, San Gabriel Park,
and the BioPark Parcels to the City.
(2) Timing.--The Secretary shall carry out the action in
paragraph (1) as soon as practicable after the date of enactment of
this Act and in accordance with all applicable law.
(3) No additional payment.--The City shall not be required to
pay any additional costs to the United States for the value of San
Gabriel Park, Tingley Beach, and the BioPark Parcels.
(d) Other Rights, Title, and Interests Unaffected.--
(1) In general.--Except as expressly provided in subsection
(c), nothing in this section shall be construed to affect any
right, title, or interest in and to any land associated with the
Middle Rio Grande Project.
(2) Ongoing litigation.--Nothing contained in this section
shall be construed or utilized to affect or otherwise interfere
with any position set forth by any party in the lawsuit pending
before the United States District Court for the District of New
Mexico, 99-CV-01320-JAP-RHS, entitled Rio Grande Silvery Minnow v.
John W. Keys, III, concerning the right, title, or interest in and
to any property associated with the Middle Rio Grande Project.
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, CALIFORNIA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means Agreement No. 07-
LC-20-9387 between the United States and the District, entitled
``Agreement Between the United States and the Goleta Water District
to Transfer Title of the Federally Owned Distribution System to the
Goleta Water District''.
(2) District.--The term ``District'' means the Goleta Water
District, located in Santa Barbara County, California.
(3) Goleta water distribution system.--The term ``Goleta Water
Distribution System'' means the facilities constructed by the
United States to enable the District to convey water to its water
users, and associated lands, as described in Appendix A of the
Agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Conveyance of the Goleta Water Distribution System.--The
Secretary is authorized to convey to the District all right, title, and
interest of the United States in and to the Goleta Water Distribution
System of the Cachuma Project, California, subject to valid existing
rights and consistent with the terms and conditions set forth in the
Agreement.
(c) Liability.--Effective upon the date of the conveyance
authorized by subsection (b), 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 lands, buildings, or facilities
conveyed under this section, except for damages caused by acts of
negligence committed by the United States or by its employees or agents
prior to 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).
(d) Benefits.--After conveyance of the Goleta Water Distribution
System under this section--
(1) such distribution system shall not be considered to be a
part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any benefits
with respect to any facility comprising the Goleta Water
Distribution System, except benefits that would be available to a
similarly situated entity with respect to property that is not part
of a Federal reclamation project.
(e) Compliance With Other Laws.--
(1) Compliance with environmental and historic preservation
laws.--Prior to any conveyance under this section, the Secretary
shall complete all actions required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
National Historic Preservation Act (16 U.S.C. 470 et seq.), and all
other applicable laws.
(2) Compliance by the district.--Upon the conveyance of the
Goleta Water Distribution System under this section, the District
shall comply with all applicable Federal, State, and local laws and
regulations in its operation of the facilities that are
transferred.
(3) Applicable authority.--All provisions of Federal
reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.)
and Acts supplemental to and amendatory of that Act) shall continue
to be applicable to project water provided to the District.
(f) Report.--If, 12 months after the date of the enactment of this
Act, the Secretary has not completed the conveyance required under
subsection (b), the Secretary shall complete a report that states the
reason the conveyance has not been completed and the date by which the
conveyance shall be completed. The Secretary shall submit a report
required under this subsection to Congress not later than 14 months
after the date of the enactment of this Act.
Subtitle D--San Gabriel Basin Restoration Fund
SEC. 9301. RESTORATION FUND.
Section 110 of division B of the Miscellaneous Appropriations Act,
2001 (114 Stat. 2763A-222), as enacted into law by section 1(a)(4) of
the Consolidated Appropriations Act, 2001 (Public Law 106-554, as
amended by Public Law 107-66), is further amended--
(1) in subsection (a)(3)(B), by inserting after clause (iii)
the following:
``(iv) Non-federal match.--After $85,000,000 has
cumulatively been appropriated under subsection (d)(1), the
remainder of Federal funds appropriated under subsection
(d) shall be subject to the following matching requirement:
``(I) San gabriel basin water quality authority.--
The San Gabriel Basin Water Quality Authority shall be
responsible for providing a 35 percent non-Federal
match for Federal funds made available to the Authority
under this Act.
``(II) Central basin municipal water district.--The
Central Basin Municipal Water District shall be
responsible for providing a 35 percent non-Federal
match for Federal funds made available to the District
under this Act.'';
(2) in subsection (a), by adding at the end the following:
``(4) Interest on funds in restoration fund.--No amounts
appropriated above the cumulative amount of $85,000,000 to the
Restoration Fund under subsection (d)(1) shall be invested by the
Secretary of the Treasury in interest-bearing securities of the
United States.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a) $146,200,000.
Such funds shall remain available until expended.
``(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $21,200,000 shall be made available to carry out
the Central Basin Water Quality Project.''.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
SEC. 9401. DEFINITIONS.
In this subtitle:
(1) Lower colorado river multi-species conservation program.--
The term ``Lower Colorado River Multi-Species Conservation
Program'' or ``LCR MSCP'' means the cooperative effort on the Lower
Colorado River between Federal and non-Federal entities in Arizona,
California, and Nevada approved by the Secretary of the Interior on
April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado River''
means the segment of the Colorado River within the planning area as
provided in section 2(B) of the Implementing Agreement, a Program
Document.
(3) Program documents.--The term ``Program Documents'' means
the Habitat Conservation Plan, Biological Assessment and Biological
and Conference Opinion, Environmental Impact Statement/
Environmental Impact Report, Funding and Management Agreement,
Implementing Agreement, and Section 10(a)(1)(B) Permit issued and,
as applicable, executed in connection with the LCR MSCP, and any
amendments or successor documents that are developed consistent
with existing agreements and applicable law.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means each of the States of
Arizona, California, and Nevada.
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation.--The Secretary is authorized to manage and
implement the LCR MSCP in accordance with the Program Documents.
(b) Water Accounting.--The Secretary is authorized to enter into an
agreement with the States providing for the use of water from the Lower
Colorado River for habitat creation and maintenance in accordance with
the Program Documents.
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.
(a) In General.--Due to the unique conditions of the Colorado
River, any party to the Funding and Management Agreement or the
Implementing Agreement, and any permittee under the Section 10(a)(1)(B)
Permit, may commence a civil action in United States district court to
adjudicate, confirm, validate or decree the rights and obligations of
the parties under those Program Documents.
(b) Jurisdiction.--The district court shall have jurisdiction over
such actions and may issue such orders, judgments, and decrees as are
consistent with the court's exercise of jurisdiction under this
section.
(c) United States as Defendant.--
(1) In general.--The United States or any agency of the United
States may be named as a defendant in such actions.
(2) Sovereign immunity.--Subject to paragraph (3), the
sovereign immunity of the United States is waived for purposes of
actions commenced pursuant to this section.
(3) Nonwaiver for certain claims.--Nothing in this section
waives the sovereign immunity of the United States to claims for
money damages, monetary compensation, the provision of indemnity,
or any claim seeking money from the United States.
(d) Rights Under Federal and State Law.--
(1) In general.--Except as specifically provided in this
section, nothing in this section limits any rights or obligations
of any party under Federal or State law.
(2) Applicability to lower colorado river multi-species
conservation program.--This section--
(A) shall apply only to the Lower Colorado River Multi-
Species Conservation Program; and
(B) shall not affect the terms of, or rights or obligations
under, any other conservation plan created pursuant to any
Federal or State law.
(e) Venue.--Any suit pursuant to this section may be brought in any
United States district court in the State in which any non-Federal
party to the suit is situated.
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to meet the obligations of the
Secretary under the Program Documents, to remain available until
expended.
(b) Non-Reimbursable and Non-Returnable.--All amounts appropriated
to and expended by the Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.
Subtitle F--Secure Water
SEC. 9501. FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to the
health, economy, security, and ecology of the United States;
(2) systematic data-gathering with respect to, and research and
development of, the water resources of the United States will help
ensure the continued existence of sufficient quantities of water to
support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to the
protection and use of the water resources of the United States due
to an increased uncertainty with respect to the timing, form, and
geographical distribution of precipitation, which may have a
substantial effect on the supplies of water for agricultural,
hydroelectric power, industrial, domestic supply, and environmental
needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United States,
the Federal Government should support the States, as well as
regional, local, and tribal governments, by carrying out--
(A) nationwide data collection and monitoring activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use of
water in the United States;
(5) Federal agencies that conduct water management and related
activities have a responsibility--
(A) to take a lead role in assessing risks to the water
resources of the United States (including risks posed by global
climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of each risk
described in subparagraph (A); and
(ii) to help ensure that the long-term water resources
management of the United States is sustainable and will
ensure sustainable quantities of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability of the
water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water resources
of the United States; and
(ii) to identify new supplies of water that are capable
of being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human activity
on water and ecological resources; and
(B) to the assessment of whether available surface and
groundwater supplies will be available to meet the future needs
of the United States.
SEC. 9502. DEFINITIONS.
In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee'' means
the National Advisory Committee on Water Information established--
(A) under the Office of Management and Budget Circular 92-
01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program'' means
the water availability and use assessment program established by
the Secretary under section 9508(a).
(4) Climate division.--The term ``climate division'' means 1 of
the 359 divisions in the United States that represents 2 or more
regions located within a State that are as climatically homogeneous
as possible, as determined by the Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of the
United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant'' means
any State, Indian tribe, irrigation district, water district, or
other organization with water or power delivery authority.
(8) Federal power marketing administration.--The term ``Federal
Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(11) Major aquifer system.--The term ``major aquifer system''
means a groundwater system that is--
(A) identified as a significant groundwater system by the
Director; and
(B) included in the Groundwater Atlas of the United States,
published by the United States Geological Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river basin''
means each major river system (including tributaries)--
(i) that is located in a service area of the Bureau of
Reclamation; and
(ii) at which is located a federally authorized project
of the Bureau of Reclamation.
(B) Inclusions.--The term ``major reclamation river basin''
includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association, or a nongovernmental
organization.
(14) Panel.--The term ``panel'' means the climate change and
water intragovernmental panel established by the Secretary under
section 9506(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that use
advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph (B),
the term ``Secretary'' means the Secretary of the Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of sections 9503, 9504, and 9509, the
Secretary of the Interior (acting through the
Commissioner); and
(ii) in the case of sections 9507 and 9508, the
Secretary of the Interior (acting through the Director).
(17) Service area.--The term ``service area'' means any area
that encompasses a watershed that contains a federally authorized
reclamation project that is located in any State or area described
in the first section of the Act of June 17, 1902 (43 U.S.C. 391).
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a) In General.--The Secretary shall establish a climate change
adaptation program--
(1) to coordinate with the Administrator and other appropriate
agencies to assess each effect of, and risk resulting from, global
climate change with respect to the quantity of water resources
located in a service area; and
(2) to ensure, to the maximum extent possible, that strategies
are developed at watershed and aquifer system scales to address
potential water shortages, conflicts, and other impacts to water
users located at, and the environment of, each service area.
(b) Required Elements.--In carrying out the program described in
subsection (a), the Secretary shall--
(1) coordinate with the United States Geological Survey, the
National Oceanic and Atmospheric Administration, the program, and
each appropriate State water resource agency, to ensure that the
Secretary has access to the best available scientific information
with respect to presently observed and projected future impacts of
global climate change on water resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to--
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge; and
(D) any increase in--
(i) the demand for water as a result of increasing
temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin, analyze
the extent to which changes in the water supply of the United
States will impact--
(A) the ability of the Secretary to deliver water to the
contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered, threatened,
or candidate species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels of each
major reclamation river basin);
(G) flow and water dependent ecological resiliency; and
(H) flood control management;
(4) in consultation with appropriate non-Federal participants,
consider and develop appropriate strategies to mitigate each impact
of water supply changes analyzed by the Secretary under paragraph
(3), including strategies relating to--
(A) the modification of any reservoir storage or operating
guideline in existence as of the date of enactment of this Act;
(B) the development of new water management, operating, or
habitat restoration plans;
(C) water conservation;
(D) improved hydrologic models and other decision support
systems; and
(E) groundwater and surface water storage needs; and
(5) in consultation with the Director, the Administrator, the
Secretary of Agriculture (acting through the Chief of the Natural
Resources Conservation Service), and applicable State water
resource agencies, develop a monitoring plan to acquire and
maintain water resources data--
(A) to strengthen the understanding of water supply trends;
and
(B) to assist in each assessment and analysis conducted by
the Secretary under paragraphs (2) and (3).
(c) Reporting.--Not later than 2 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary shall submit
to the appropriate committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources located in
each major reclamation river basin;
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring plan
developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation with
any non-Federal participant, may conduct 1 or more studies to
determine the feasibility and impact on ecological resiliency of
implementing each mitigation and adaptation strategy described in
subsection (c)(3), including the construction of any water supply,
water management, environmental, or habitat enhancement water
infrastructure that the Secretary determines to be necessary to
address the effects of global climate change on water resources
located in each major reclamation river basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the cost of a study described in paragraph
(1) shall not exceed 50 percent of the cost of the study.
(ii) Exception relating to financial hardship.--The
Secretary may increase the Federal share of the cost of a
study described in paragraph (1) to exceed 50 percent of
the cost of the study if the Secretary determines that, due
to a financial hardship, the non-Federal participant of the
study is unable to contribute an amount equal to 50 percent
of the cost of the study.
(B) Non-federal share.--The non-Federal share of the cost
of a study described in paragraph (1) may be provided in the
form of any in-kind services that substantially contribute
toward the completion of the study, as determined by the
Secretary.
(e) No Effect on Existing Authority.--Nothing in this section
amends or otherwise affects any existing authority under reclamation
laws that govern the operation of any Federal reclamation project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into an agreement with, any eligible applicant
to assist the eligible applicant in planning, designing, or
constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including increasing the
use of renewable energy in the management and delivery of
water;
(E) to accelerate the adoption and use of advanced water
treatment technologies to increase water supply;
(F) to prevent the decline of species that the United
States Fish and Wildlife Service and National Marine Fisheries
Service have proposed for listing under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that
are being considered by those agencies for such listing but are
not yet the subject of a proposed rule);
(G) to accelerate the recovery of threatened species,
endangered species, and designated critical habitats that are
adversely affected by Federal reclamation projects or are
subject to a recovery plan or conservation plan under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under
which the Commissioner of Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related impact to the water
supply of the United States that increases ecological
resiliency to the impacts of climate change; or
(ii) to prevent any water-related crisis or conflict at
any watershed that has a nexus to a Federal reclamation
project located in a service area.
(2) Application.--To be eligible to receive a grant, or enter
into an agreement with the Secretary under paragraph (1), an
eligible applicant shall--
(A) be located within the States and areas referred to in
the first section of the Act of June 17, 1902 (43 U.S.C. 391);
and
(B) submit to the Secretary an application that includes a
proposal of the improvement or activity to be planned,
designed, constructed, or implemented by the eligible
applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and agreement
entered into by the Secretary with any eligible applicant under
paragraph (1) shall be in compliance with each requirement
described in subparagraphs (B) through (F).
(B) Agricultural operations.--In carrying out paragraph
(1), the Secretary shall not provide a grant, or enter into an
agreement, for an improvement to conserve irrigation water
unless the eligible applicant agrees not--
(i) to use any associated water savings to increase the
total irrigated acreage of the eligible applicant; or
(ii) to otherwise increase the consumptive use of water
in the operation of the eligible applicant, as determined
pursuant to the law of the State in which the operation of
the eligible applicant is located.
(C) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible applicant through a grant or agreement
under paragraph (1) shall be nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a federally owned facility is the subject of a
grant or other agreement entered into between the Secretary and
an eligible applicant under paragraph (1), the Federal
Government shall continue to hold title to the facility and
improvements to the facility.
(E) Cost sharing.--
(i) Federal share.--The Federal share of the cost of
any infrastructure improvement or activity that is the
subject of a grant or other agreement entered into between
the Secretary and an eligible applicant under paragraph (1)
shall not exceed 50 percent of the cost of the
infrastructure improvement or activity.
(ii) Calculation of non-federal share.--In calculating
the non-Federal share of the cost of an infrastructure
improvement or activity proposed by an eligible applicant
through an application submitted by the eligible applicant
under paragraph (2), the Secretary shall--
(I) consider the value of any in-kind services that
substantially contributes toward the completion of the
improvement or activity, as determined by the
Secretary; and
(II) not consider any other amount that the
eligible applicant receives from a Federal agency.
(iii) Maximum amount.--The amount provided to an
eligible applicant through a grant or other agreement under
paragraph (1) shall be not more than $5,000,000.
(iv) Operation and maintenance costs.--The non-Federal
share of the cost of operating and maintaining any
infrastructure improvement that is the subject of a grant
or other agreement entered into between the Secretary and
an eligible applicant under paragraph (1) shall be 100
percent.
(F) Liability.--
(i) In general.--Except as provided under chapter 171
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), the United States shall not
be liable for monetary damages of any kind for any injury
arising out of an act, omission, or occurrence that arises
in relation to any facility created or improved under this
section, the title of which is not held by the United
States.
(ii) Tort claims act.--Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1 or
more agreements with any university, nonprofit research
institution, or organization with water or power delivery authority
to fund any research activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources, including
increasing the use of renewable energy in the management and
delivery of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into between the
Secretary and any university, institution, or organization
described in paragraph (1) shall be subject to such terms and
conditions as the Secretary determines to be appropriate.
(B) Availability.--The agreements under this subsection
shall be available to all Reclamation projects and programs
that may benefit from project-specific or programmatic
cooperative research and development.
(c) Mutual Benefit.--Grants or other agreements made under this
section may be for the mutual benefit of the United States and the
entity that is provided the grant or enters into the cooperative
agreement.
(d) Relationship to Project-Specific Authority.--This section shall
not supersede any existing project-specific funding authority.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy, in
consultation with the Administrator of each Federal Power Marketing
Administration, shall assess each effect of, and risk resulting from,
global climate change with respect to water supplies that are required
for the generation of hydroelectric power at each Federal water project
that is applicable to a Federal Power Marketing Administration.
(b) Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with the
United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate State
water resource agency, to ensure that the Secretary of Energy has
access to the best available scientific information with respect to
presently observed impacts and projected future impacts of global
climate change on water supplies that are used to produce
hydroelectric power.
(2) Access to data for certain assessments.--In carrying out
each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with the
Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be necessary for
the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary of Energy shall
submit to the appropriate committees of Congress a report that
describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power generation;
and
(B) power supplies marketed by each Federal Power Marketing
Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each Federal
Power Marketing Administration relating to any change in any
operation or contracting practice of each Federal Power Marketing
Administration to address each effect and risk described in
paragraph (1), including the use of purchased power to meet long-
term commitments of each Federal Power Marketing Administration.
(d) Authority.--The Secretary of Energy may enter into contracts,
grants, or other agreements with appropriate entities to carry out this
section.
(e) Costs.--
(1) Nonreimbursable.--Any costs incurred by the Secretary of
Energy in carrying out this section shall be nonreimbursable.
(2) PMA costs.--Each Federal Power Marketing Administration
shall incur costs in carrying out this section only to the extent
that appropriated funds are provided by the Secretary of Energy for
that purpose.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary and the Administrator shall
establish and lead a climate change and water intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality of
freshwater resources of the United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities, expand data
acquisition, or take other actions--
(A) to increase the reliability and accuracy of modeling
and prediction systems to benefit water managers at the
Federal, State, and local levels; and
(B) to increase the understanding of the impacts of climate
change on aquatic ecosystems.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Under
Secretary for Natural Resources and Environment);
(5) the Commissioner;
(6) the Secretary of the Army, acting through the Chief of
Engineers;
(7) the Administrator of the Environmental Protection Agency;
and
(8) the Secretary of Energy.
(c) Review Elements.--In conducting the review and developing the
strategy under subsection (a), the panel shall consult with State water
resource agencies, the Advisory Committee, drinking water utilities,
water research organizations, and relevant water user, environmental,
and other nongovernmental organizations--
(1) to assess the extent to which the conduct of measures of
streamflow, groundwater levels, soil moisture, evapotranspiration
rates, evaporation rates, snowpack levels, precipitation amounts,
flood risk, and glacier mass is necessary to improve the
understanding of the Federal Government and the States with respect
to each impact of global climate change on water resources;
(2) to identify data gaps in current water monitoring networks
that must be addressed to improve the capability of the Federal
Government and the States to measure, analyze, and predict changes
to the quality and quantity of water resources, including flood
risks, that are directly or indirectly affected by global climate
change;
(3) to establish data management and communication protocols
and standards to increase the quality and efficiency by which each
Federal agency acquires and reports relevant data;
(4) to consider options for the establishment of a data portal
to enhance access to water resource data--
(A) relating to each nationally significant freshwater
watershed and aquifer located in the United States; and
(B) that is collected by each Federal agency and any other
public or private entity for each nationally significant
freshwater watershed and aquifer located in the United States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and surface
water interactions; and
(6) to apply the hydrologic and other models developed under
paragraph (5) to water resource management problems identified by
the panel, including the need to maintain or improve ecological
resiliency at watershed and aquifer system scales.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report that describes the review conducted, and the strategy
developed, by the panel under subsection (a).
(e) Demonstration, Research, and Methodology Development
Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants to,
or enter into any contract, cooperative agreement, interagency
agreement, or other transaction with, an appropriate entity to
carry out any demonstration, research, or methodology development
project that the Secretary determines to be necessary to assist in
the implementation of the strategy developed by the panel under
subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal share of
the cost of any demonstration, research, or methodology
development project that is the subject of any grant, contract,
cooperative agreement, interagency agreement, or other
transaction entered into between the Secretary and an
appropriate entity under paragraph (1) shall not exceed
$1,000,000.
(B) Report.--An appropriate entity that receives funds from
a grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and the appropriate entity under paragraph (1) shall
submit to the Secretary a report describing the results of the
demonstration, research, or methodology development project
conducted by the appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of fiscal
years 2009 through 2011, to remain available until expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry out
subsection (e) $10,000,000 for the period of fiscal years 2009
through 2013, to remain available until expended.
SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee and the Panel and consistent with this section,
shall proceed with implementation of the national streamflow
information program, as reviewed by the National Research Council
in 2004.
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental variables
in nationally significant watersheds--
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of information
on which public and private decisions relating to the
management of water resources may be based;
(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the conduct of
intensive data collection activities during and following
hydrologic extremes;
(C) establish a base network that provides resources that
are necessary for--
(i) the monitoring of long-term changes in streamflow;
and
(ii) the conduct of assessments to determine the extent
to which each long-term change monitored under clause (i)
is related to global climate change;
(D) integrate the national streamflow information program
with data collection activities of Federal agencies and
appropriate State water resource agencies (including the
National Integrated Drought Information System)--
(i) to enhance the comprehensive understanding of water
availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect to water
resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in the
conduct of periodic reviews of information collected under the
national streamflow information program to assess whether the
objectives of the national streamflow information program are
being adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure streamflow in a more
cost-efficient manner.
(4) Network enhancement.--
(A) In general.--Not later than 10 years after the date of
enactment of this Act, in accordance with subparagraph (B), the
Secretary shall--
(i) increase the number of streamgages funded by the
national streamflow information program to a quantity of
not less than 4,700 sites; and
(ii) ensure all streamgages are flood-hardened and
equipped with water-quality sensors and modernized
telemetry.
(B) Requirements of sites.--Each site described in
subparagraph (A) shall conform with the National Streamflow
Information Program plan as reviewed by the National Research
Council.
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection shall
be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph (B),
there are authorized to be appropriated such sums as are
necessary to operate the national streamflow information
program for the period of fiscal years 2009 through 2023, to
remain available until expended.
(B) Network enhancement funding.--There is authorized to be
appropriated to carry out the network enhancements described in
paragraph (4) $10,000,000 for each of fiscal years 2009 through
2019, to remain available until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) establish appropriate criteria for monitoring wells to
ensure the acquisition of long-term, high-quality data sets,
including, to the maximum extent possible, the inclusion of
real-time instrumentation and reporting;
(B) in coordination with the Advisory Committee and State
and local water resource agencies--
(i) assess the current scope of groundwater monitoring
based on the access availability and capability of each
monitoring well in existence as of the date of enactment of
this Act; and
(ii) develop and carry out a monitoring plan that
maximizes coverage for each major aquifer system that is
located in the United States; and
(C) prior to initiating any specific monitoring activities
within a State after the date of enactment of this Act, consult
and coordinate with the applicable State water resource agency
with jurisdiction over the aquifer that is the subject of the
monitoring activities, and comply with all applicable laws
(including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring program
described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the improvement of
understanding with respect to surface water and groundwater
interactions;
(B) by expanding the network of monitoring wells to reach
each climate division, support the groundwater climate response
network to improve the understanding of the effects of global
climate change on groundwater recharge and availability; and
(C) support the objectives of the assessment program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure groundwater recharge,
discharge, and storage in a more cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring program
described in paragraph (1) may be 100 percent of the cost of
carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities consistent
with the monitoring program described in paragraph (1), the
Secretary shall give priority to those activities for which a State
or local governmental entity agrees to provide for a substantial
share of the cost of establishing or operating a monitoring well or
other measuring device to carry out a monitoring activity.
(7) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection for the period of fiscal years 2009 through 2023, to
remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and local
water resource agencies, shall conduct a study of available data
and other relevant information--
(A) to identify significant brackish groundwater resources
located in the United States; and
(B) to consolidate any available data relating to each
groundwater resource identified under subparagraph (A).
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is located in the
United States (including 1 or more maps of each significant
brackish aquifer that is located in the United States);
(ii) data gap that is required to be addressed to fully
characterize each brackish aquifer described in clause (i);
and
(iii) current use of brackish groundwater that is
supplied by each brackish aquifer described in clause (i);
and
(B) a summary of the information available as of the date
of enactment of this Act with respect to each brackish aquifer
described in subparagraph (A)(i) (including the known level of
total dissolved solids in each brackish aquifer).
(3) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $3,000,000 for the period
of fiscal years 2009 through 2011, to remain available until
expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide grants
on a nonreimbursable basis to appropriate entities with expertise
in water resource data acquisition and reporting, including Federal
agencies, the Water Resources Research Institutes and other
academic institutions, and private entities, to--
(A) investigate, develop, and implement new methodologies
and technologies to estimate or measure water resources data in
a cost-efficient manner; and
(B) improve methodologies relating to the analysis and
delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new methods
and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into geographic
information system databases);
(D) measuring precipitation and potential
evapotranspiration; and
(E) water withdrawals, return flows, and consumptive use.
(3) Partnerships.--In recognition of the value of collaboration
to foster innovation and enhance research and development efforts,
the Secretary shall encourage partnerships, including public-
private partnerships, between and among Federal agencies, academic
institutions, and private entities to promote the objectives
described in paragraph (1).
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2009 through 2019.
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource agencies, shall
establish a national assessment program to be known as the ``national
water availability and use assessment program''--
(1) to provide a more accurate assessment of the status of the
water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the water
resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph (4) to
provide a more accurate assessment of the change in the
availability of water in the United States; and
(6) to develop the basis for an improved ability to forecast
the availability of water for future economic, energy production,
and environmental uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out an
ongoing assessment of water use in hydrologic accounting units and
major aquifer systems located in the United States, including--
(A) the maintenance of a comprehensive national water use
inventory to enhance the level of understanding with respect to
the effects of spatial and temporal patterns of water use on
the availability and sustainable use of water resources;
(B) the incorporation of water use science principles, with
an emphasis on applied research and statistical estimation
techniques in the assessment of water use;
(C) the integration of any dataset maintained by any other
Federal or State agency into the dataset maintained by the
Secretary; and
(D) a focus on the scientific integration of any data
relating to water use, water flow, or water quality to generate
relevant information relating to the impact of human activity
on water and ecological resources.
(2) Water availability.--In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment of water
availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating to the
availability of water resources in the United States,
including--
(i) surface water indicators, such as streamflow and
surface water storage measures (including lakes,
reservoirs, perennial snowfields, and glaciers);
(ii) groundwater indicators, including groundwater
level measurements and changes in groundwater levels due
to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as determined by the
Secretary; and
(iii) impaired surface water and groundwater supplies
that are known, accessible, and used to meet ongoing water
demands;
(B) maintaining a national database of water availability
data that--
(i) is comprised of maps, reports, and other forms of
interpreted data;
(ii) provides electronic access to the archived data of
the national database; and
(iii) provides for real-time data collection; and
(C) developing and applying predictive modeling tools that
integrate groundwater, surface water, and ecological systems.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide grants
to State water resource agencies to assist State water resource
agencies in--
(A) developing water use and availability datasets that are
integrated with each appropriate dataset developed or
maintained by the Secretary; or
(B) integrating any water use or water availability dataset
of the State water resource agency into each appropriate
dataset developed or maintained by the Secretary.
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall demonstrate to
the Secretary that the water use and availability dataset proposed
to be established or integrated by the State water resource
agency--
(A) is in compliance with each quality and conformity
standard established by the Secretary to ensure that the data
will be capable of integration with any national dataset; and
(B) will enhance the ability of the officials of the State
or the State water resource agency to carry out each water
management and regulatory responsibility of the officials of
the State in accordance with each applicable law of the State.
(3) Maximum amount.--The amount of a grant provided to a State
water resource agency under paragraph (1) shall be an amount not
more than $250,000.
(d) Report.--Not later than December 31, 2012, and every 5 years
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report that provides a detailed assessment of--
(1) the current availability of water resources in the United
States, including--
(A) historic trends and annual updates of river basin
inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources (including
saline and brackish water and wastewater);
(2) significant trends affecting water availability, including
each documented or projected impact to the availability of water as
a result of global climate change;
(3) the withdrawal and use of surface water and groundwater by
various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the development
of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict or
shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each of
fiscal years 2009 through 2023, to remain available until expended.
(2) Grant program.--There is authorized to be appropriated to
carry out subsection (c) $12,500,000 for the period of fiscal years
2009 through 2013, to remain available until expended.
SEC. 9509. RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or cooperative
agreements, for periods not to exceed 5 years, to carry out research
within the Bureau of Reclamation.
SEC. 9510. EFFECT.
(a) In General.--Nothing in this subtitle supersedes or limits any
existing authority provided, or responsibility conferred, by any
provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this subtitle preempts or affects
any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this subtitle.
Subtitle G--Aging Infrastructure
SEC. 9601 DEFINITIONS.
In this subtitle:
(1) Inspection.--The term ``inspection'' means an inspection of
a project facility carried out by the Secretary--
(A) to assess and determine the general condition of the
project facility; and
(B) to estimate the value of property, and the size of the
population, that would be at risk if the project facility
fails, is breached, or otherwise allows flooding to occur.
(2) Project facility.--The term ``project facility'' means any
part or incidental feature of a project, excluding high- and
significant-hazard dams, constructed under the 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.).
(3) Reserved works.--The term ``reserved works'' mean any
project facility at which the Secretary carries out the operation
and maintenance of the project facility.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(5) Transferred works.--The term ``transferred works'' means a
project facility, the operation and maintenance of which is carried
out by a non-Federal entity, under the provisions of a formal
operation and maintenance transfer contract.
(6) Transferred works operating entity.--The term ``transferred
works operating entity'' means the organization which is
contractually responsible for operation and maintenance of
transferred works.
(7) Extraordinary operation and maintenance work.--The term
``extraordinary operation and maintenance work'' means major,
nonrecurring maintenance to Reclamation-owned or operated
facilities, or facility components, that is--
(A) intended to ensure the continued safe, dependable, and
reliable delivery of authorized project benefits; and
(B) greater than 10 percent of the contractor's or the
transferred works operating entity's annual operation and
maintenance budget for the facility, or greater than $100,000.
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES AND
TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING ENTITIES.
(a) Guidelines and Inspections.--
(1) Development of guidelines.--Not later than 1 year after the
date of enactment of this Act, the Secretary in consultation with
transferred works operating entities shall develop, consistent with
existing transfer contracts, specific inspection guidelines for
project facilities which are in proximity to urbanized areas and
which could pose a risk to public safety or property damage if such
project facilities were to fail.
(2) Conduct of inspections.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall conduct
inspections of those project facilities, which are in proximity to
urbanized areas and which could pose a risk to public safety or
property damage if such facilities were to fail, using such
specific inspection guidelines and criteria developed pursuant to
paragraph (1). In selecting project facilities to inspect, the
Secretary shall take into account the potential magnitude of public
safety and economic damage posed by each project facility.
(3) Treatment of costs.--The costs incurred by the Secretary in
conducting these inspections shall be nonreimbursable.
(b) Use of Inspection Data.--The Secretary shall use the data
collected through the conduct of the inspections under subsection
(a)(2) to--
(1) provide recommendations to the transferred works operating
entities for improvement of operation and maintenance processes,
operating procedures including operation guidelines consistent with
existing transfer contracts, and structural modifications to those
transferred works;
(2) determine an appropriate inspection frequency for such
nondam project facilities which shall not exceed 6 years; and
(3) provide, upon request of transferred work operating
entities, local governments, or State agencies, information
regarding potential hazards posed by existing or proposed
residential, commercial, industrial or public-use development
adjacent to project facilities.
(c) Technical Assistance to Transferred Works Operating Entities.--
(1) Authority of secretary to provide technical assistance.--
The Secretary is authorized, at the request of a transferred works
operating entity in proximity to an urbanized area, to provide
technical assistance to accomplish the following, if consistent
with existing transfer contracts:
(A) Development of documented operating procedures for a
project facility.
(B) Development of documented emergency notification and
response procedures for a project facility.
(C) Development of facility inspection criteria for a
project facility.
(D) Development of a training program on operation and
maintenance requirements and practices for a project facility
for a transferred works operating entity's workforce.
(E) Development of a public outreach plan on the operation
and risks associated with a project facility.
(F) Development of any other plans or documentation which,
in the judgment of the Secretary, will contribute to public
safety and the sage operation of a project facility.
(2) Costs.--The Secretary is authorized to provide, on a non-
reimbursable basis, up to 50 percent of the cost of such technical
assistance, with the balance of such costs being advanced by the
transferred works operating entity or other non-Federal source. The
non-Federal 50 percent minimum cost share for such technical
assistance may be in the form of in-lieu contributions of resources
by the transferred works operating entity or other non-Federal
source.
SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK PERFORMED BY
THE SECRETARY.
(a) In General.--The Secretary or the transferred works operating
entity may carry out, in accordance with subsection (b) and consistent
with existing transfer contracts, any extraordinary operation and
maintenance work on a project facility that the Secretary determines to
be reasonably required to preserve the structural safety of the project
facility.
(b) Reimbursement of Costs Arising From Extraordinary Operation and
Maintenance Work.--
(1) Treatment of costs.--For reserved works, costs incurred by
the Secretary in conducting extraordinary operation and maintenance
work will be allocated to the authorized reimbursable purposes of
the project and shall be repaid within 50 years, with interest,
from the year in which work undertaken pursuant to this subtitle is
substantially complete.
(2) Authority of secretary.--For transferred works, the
Secretary is authorized to advance the costs incurred by the
transferred works operating entity in conducting extraordinary
operation and maintenance work and negotiate appropriate 50-year
repayment contracts with project beneficiaries providing for the
return of reimbursable costs, with interest, under this subsection:
Provided, however, That no contract entered into pursuant to this
subtitle shall be deemed to be a new or amended contract for the
purposes of section 203(a) of the Reclamation Reform Act of 1982
(43 U.S.C. 390cc(a)).
(3) Determination of interest rate.--The interest rate used for
computing interest on work in progress and interest on the unpaid
balance of the reimbursable costs of extraordinary operation and
maintenance work authorized by this subtitle shall be determined by
the Secretary of the Treasury, as of the beginning of the fiscal
year in which extraordinary operation and maintenance work is
commenced, on the basis of average market yields on outstanding
marketable obligations of the United States with the remaining
periods of maturity comparable to the applicable reimbursement
period of the project, adjusted to the nearest \1/8\ of 1 percent
on the unamortized balance of any portion of the loan.
(c) Emergency Extraordinary Operation and Maintenance Work.--
(1) In general.--The Secretary or the transferred works
operating entity shall carry out any emergency extraordinary
operation and maintenance work on a project facility that the
Secretary determines to be necessary to minimize the risk of
imminent harm to public health or safety, or property.
(2) Reimbursement.--The Secretary may advance funds for
emergency extraordinary operation and maintenance work and shall
seek reimbursement from the transferred works operating entity or
benefitting entity upon receiving a written assurance from the
governing body of such entity that it will negotiate a contract
pursuant to section 9603 for repayment of costs incurred by the
Secretary in undertaking such work.
(3) Funding.--If the Secretary determines that a project
facility inspected and maintained pursuant to the guidelines and
criteria set forth in section 9602(a) requires extraordinary
operation and maintenance pursuant to paragraph (1), the Secretary
may provide Federal funds on a nonreimbursable basis sufficient to
cover 35 percent of the cost of the extraordinary operation and
maintenance allocable to the transferred works operating entity,
which is needed to minimize the risk of imminent harm. The
remaining share of the Federal funds advanced by the Secretary for
such work shall be repaid under subsection (b).
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS ACT.
Nothing in this subtitle shall preclude a transferred works
operating entity from applying and receiving a loan-guarantee pursuant
to the Twenty-First Century Water Works Act (43 U.S.C. 2401 et seq.).
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 10001. SHORT TITLE.
This part may be cited as the ``San Joaquin River Restoration
Settlement Act''.
SEC. 10002. PURPOSE.
The purpose of this part is to authorize implementation of the
Settlement.
SEC. 10003. DEFINITIONS.
In this part:
(1) The terms ``Friant Division long-term contractors'',
``Interim Flows'', ``Restoration Flows'', ``Recovered Water
Account'', ``Restoration Goal'', and ``Water Management Goal'' have
the meanings given the terms in the Settlement.
(2) The term ``Secretary'' means the Secretary of the Interior.
(3) The term ``Settlement'' means the Stipulation of Settlement
dated September 13, 2006, in the litigation entitled Natural
Resources Defense Council, et al. v. Kirk Rodgers, et al., United
States District Court, Eastern District of California, No. CIV. S-
88-1658-LKK/GGH.
SEC. 10004. IMPLEMENTATION OF SETTLEMENT.
(a) In General.--The Secretary of the Interior is hereby authorized
and directed to implement the terms and conditions of the Settlement in
cooperation with the State of California, including the following
measures as these measures are prescribed in the Settlement:
(1) Design and construct channel and structural improvements as
described in paragraph 11 of the Settlement, provided, however,
that the Secretary shall not make or fund any such improvements to
facilities or property of the State of California without the
approval of the State of California and the State's agreement in 1
or more memoranda of understanding to participate where
appropriate.
(2) Modify Friant Dam operations so as to provide Restoration
Flows and Interim Flows.
(3) Acquire water, water rights, or options to acquire water as
described in paragraph 13 of the Settlement, provided, however,
such acquisitions shall only be made from willing sellers and not
through eminent domain.
(4) Implement the terms and conditions of paragraph 16 of the
Settlement related to recirculation, recapture, reuse, exchange, or
transfer of water released for Restoration Flows or Interim Flows,
for the purpose of accomplishing the Water Management Goal of the
Settlement, subject to--
(A) applicable provisions of California water law;
(B) the Secretary's use of Central Valley Project
facilities to make Project water (other than water released
from Friant Dam pursuant to the Settlement) and water acquired
through transfers available to existing south-of-Delta Central
Valley Project contractors; and
(C) the Secretary's performance of the Agreement of
November 24, 1986, between the United States of America and the
Department of Water Resources of the State of California for
the coordinated operation of the Central Valley Project and the
State Water Project as authorized by Congress in section 2(d)
of the Act of August 26, 1937 (50 Stat. 850, 100 Stat. 3051),
including any agreement to resolve conflicts arising from said
Agreement.
(5) Develop and implement the Recovered Water Account as
specified in paragraph 16(b) of the Settlement, including the
pricing and payment crediting provisions described in paragraph
16(b)(3) of the Settlement, provided that all other provisions of
Federal reclamation law shall remain applicable.
(b) Agreements.--
(1) Agreements with the state.--In order to facilitate or
expedite implementation of the Settlement, the Secretary is
authorized and directed to enter into appropriate agreements,
including cost-sharing agreements, with the State of California.
(2) Other agreements.--The Secretary is authorized to enter
into contracts, memoranda of understanding, financial assistance
agreements, cost sharing agreements, and other appropriate
agreements with State, tribal, and local governmental agencies, and
with private parties, including agreements related to construction,
improvement, and operation and maintenance of facilities, subject
to any terms and conditions that the Secretary deems necessary to
achieve the purposes of the Settlement.
(c) Acceptance and Expenditure of Non-Federal Funds.--The Secretary
is authorized to accept and expend non-Federal funds in order to
facilitate implementation of the Settlement.
(d) Mitigation of Impacts.--Prior to the implementation of
decisions or agreements to construct, improve, operate, or maintain
facilities that the Secretary determines are needed to implement the
Settlement, the Secretary shall identify--
(1) the impacts associated with such actions; and
(2) the measures which shall be implemented to mitigate impacts
on adjacent and downstream water users and landowners.
(e) Design and Engineering Studies.--The Secretary is authorized to
conduct any design or engineering studies that are necessary to
implement the Settlement.
(f) Effect on Contract Water Allocations.--Except as otherwise
provided in this section, the implementation of the Settlement and the
reintroduction of California Central Valley Spring Run Chinook salmon
pursuant to the Settlement and section 10011, shall not result in the
involuntary reduction in contract water allocations to Central Valley
Project long-term contractors, other than Friant Division long-term
contractors.
(g) Effect on Existing Water Contracts.--Except as provided in the
Settlement and this part, nothing in this part shall modify or amend
the rights and obligations of the parties to any existing water
service, repayment, purchase, or exchange contract.
(h) Interim Flows.--
(1) Study required.--Prior to releasing any Interim Flows under
the Settlement, the Secretary shall prepare an analysis in
compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including at a minimum--
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage monitoring
program;
(C) an evaluation of--
(i) possible impacts associated with the release of
Interim Flows; and
(ii) mitigation measures for those impacts that are
determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any, of any
fish screens, fish bypass facilities, fish salvage facilities,
and related operations on the San Joaquin River south of the
confluence with the Merced River required under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) as a result of the
Interim Flows.
(2) Conditions for release.--The Secretary is authorized to
release Interim Flows to the extent that such flows would not--
(A) impede or delay completion of the measures specified in
Paragraph 11(a) of the Settlement; or
(B) exceed existing downstream channel capacities.
(3) Seepage impacts.--The Secretary shall reduce Interim Flows
to the extent necessary to address any material adverse impacts to
third parties from groundwater seepage caused by such flows that
the Secretary identifies based on the monitoring program of the
Secretary.
(4) Temporary fish barrier program.--The Secretary, in
consultation with the California Department of Fish and Game, shall
evaluate the effectiveness of the Hills Ferry barrier in preventing
the unintended upstream migration of anadromous fish in the San
Joaquin River and any false migratory pathways. If that evaluation
determines that any such migration past the barrier is caused by
the introduction of the Interim Flows and that the presence of such
fish will result in the imposition of additional regulatory actions
against third parties, the Secretary is authorized to assist the
Department of Fish and Game in making improvements to the barrier.
From funding made available in accordance with section 10009, if
third parties along the San Joaquin River south of its confluence
with the Merced River are required to install fish screens or fish
bypass facilities due to the release of Interim Flows in order to
comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Secretary shall bear the costs of the installation of
such screens or facilities if such costs would be borne by the
Federal Government under section 10009(a)(3), except to the extent
that such costs are already or are further willingly borne by the
State of California or by the third parties.
(i) Funding Availability.--
(1) In general.--Funds shall be collected in the San Joaquin
River Restoration Fund through October 1, 2019, and thereafter,
with substantial amounts available through October 1, 2019,
pursuant to section 10009 for implementation of the Settlement and
parts I and III, including--
(A) $88,000,000, to be available without further
appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be appropriated,
including the charges required under section 10007 and an
estimated $20,000,000 from the CVP Restoration Fund pursuant to
section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000 by the
State of California.
(2) Additional amounts.--Substantial additional amounts from
the San Joaquin River Restoration Fund shall become available
without further appropriation after October 1, 2019, pursuant to
section 10009(c)(2).
(3) Effect of subsection.--Nothing in this subsection limits
the availability of funds authorized for appropriation pursuant to
section 10009(b) or 10203(c).
(j) San Joaquin River Exchange Contract.--Subject to section
10006(b), nothing in this part shall modify or amend the rights and
obligations under the Purchase Contract between Miller and Lux and the
United States and the Second Amended Exchange Contract between the
United States, Department of the Interior, Bureau of Reclamation and
Central California Irrigation District, San Luis Canal Company,
Firebaugh Canal Water District and Columbia Canal Company.
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
(a) Title to Facilities.--Unless acquired pursuant to subsection
(b), title to any facility or facilities, stream channel, levees, or
other real property modified or improved in the course of implementing
the Settlement authorized by this part, and title to any modifications
or improvements of such facility or facilities, stream channel, levees,
or other real property--
(1) shall remain in the owner of the property; and
(2) shall not be transferred to the United States on account of
such modifications or improvements.
(b) Acquisition of Property.--
(1) In general.--The Secretary is authorized to acquire through
purchase from willing sellers any property, interests in property,
or options to acquire real property needed to implement the
Settlement authorized by this part.
(2) Applicable law.--The Secretary is authorized, but not
required, to exercise all of the authorities provided in section 2
of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to carry
out the measures authorized in this section and section 10004.
(c) Disposal of Property.--
(1) In general.--Upon the Secretary's determination that
retention of title to property or interests in property acquired
pursuant to this part is no longer needed to be held by the United
States for the furtherance of the Settlement, the Secretary is
authorized to dispose of such property or interest in property on
such terms and conditions as the Secretary deems appropriate and in
the best interest of the United States, including possible transfer
of such property to the State of California.
(2) Right of first refusal.--In the event the Secretary
determines that property acquired pursuant to this part through the
exercise of its eminent domain authority is no longer necessary for
implementation of the Settlement, the Secretary shall provide a
right of first refusal to the property owner from whom the property
was initially acquired, or his or her successor in interest, on the
same terms and conditions as the property is being offered to other
parties.
(3) Disposition of proceeds.--Proceeds from the disposal by
sale or transfer of any such property or interests in such property
shall be deposited in the fund established by section 10009(c).
(d) Groundwater Bank.--Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to the San
Joaquin River upstream of the confluence with the Merced River, and any
such groundwater bank shall be operated by a non-Federal entity.
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.
(a) Applicable Law.--
(1) In general.--In undertaking the measures authorized by this
part, the Secretary and the Secretary of Commerce shall comply with
all applicable Federal and State laws, rules, and regulations,
including the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), as necessary.
(2) Environmental reviews.--The Secretary and the Secretary of
Commerce are authorized and directed to initiate and expeditiously
complete applicable environmental reviews and consultations as may
be necessary to effectuate the purposes of the Settlement.
(b) Effect on State Law.--Nothing in this part shall preempt State
law or modify any existing obligation of the United States under
Federal reclamation law to operate the Central Valley Project in
conformity with State law.
(c) Use of Funds for Environmental Reviews.--
(1) Definition of environmental review.--For purposes of this
subsection, the term ``environmental review'' includes any
consultation and planning necessary to comply with subsection (a).
(2) Participation in environmental review process.--In
undertaking the measures authorized by section 10004, and for which
environmental review is required, the Secretary may provide funds
made available under this part to affected Federal agencies, State
agencies, local agencies, and Indian tribes if the Secretary
determines that such funds are necessary to allow the Federal
agencies, State agencies, local agencies, or Indian tribes to
effectively participate in the environmental review process.
(3) Limitation.--Funds may be provided under paragraph (2) only
to support activities that directly contribute to the
implementation of the terms and conditions of the Settlement.
(d) Nonreimbursable Funds.--The United States' share of the costs
of implementing this part shall be nonreimbursable under Federal
reclamation law, provided that nothing in this subsection shall limit
or be construed to limit the use of the funds assessed and collected
pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575;
106 Stat. 4721, 4727), for implementation of the Settlement, nor shall
it be construed to limit or modify existing or future Central Valley
Project ratesetting policies.
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Congress hereby finds and declares that the Settlement satisfies
and discharges all of the obligations of the Secretary contained in
section 3406(c)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), provided,
however, that--
(1) the Secretary shall continue to assess and collect the
charges provided in section 3406(c)(1) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575; 106
Stat. 4721), as provided in the Settlement; and
(2) those assessments and collections shall continue to be
counted toward the requirements of the Secretary contained in
section 3407(c)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4726).
SEC. 10008. NO PRIVATE RIGHT OF ACTION.
(a) In General.--Nothing in this part confers upon any person or
entity not a party to the Settlement a private right of action or claim
for relief to interpret or enforce the provisions of this part or the
Settlement.
(b) Applicable Law.--This section shall not alter or curtail any
right of action or claim for relief under any other applicable law.
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.
(a) Implementation Costs.--
(1) In general.--The costs of implementing the Settlement shall
be covered by payments or in-kind contributions made by Friant
Division contractors and other non-Federal parties, including the
funds provided in subparagraphs (A) through (D) of subsection
(c)(1), estimated to total $440,000,000, of which the non-Federal
payments are estimated to total $200,000,000 (at October 2006 price
levels) and the amount from repaid Central Valley Project capital
obligations is estimated to total $240,000,000, the additional
Federal appropriation of $250,000,000 authorized pursuant to
subsection (b)(1), and such additional funds authorized pursuant to
subsection (b)(2); provided however, that the costs of implementing
the provisions of section 10004(a)(1) shall be shared by the State
of California pursuant to the terms of a memorandum of
understanding executed by the State of California and the Parties
to the Settlement on September 13, 2006, which includes at least
$110,000,000 of State funds.
(2) Additional agreements.--
(A) In general.--The Secretary shall enter into 1 or more
agreements to fund or implement improvements on a project-by-
project basis with the State of California.
(B) Requirements.--Any agreements entered into under
subparagraph (A) shall provide for recognition of either
monetary or in-kind contributions toward the State of
California's share of the cost of implementing the provisions
of section 10004(a)(1).
(3) Limitation.--Except as provided in the Settlement, to the
extent that costs incurred solely to implement this Settlement
would not otherwise have been incurred by any entity or public or
local agency or subdivision of the State of California, such costs
shall not be borne by any such entity, agency, or subdivision of
the State of California, unless such costs are incurred on a
voluntary basis.
(b) Authorization of Appropriations.--
(1) In general.--In addition to the funding provided in
subsection (c), there are also authorized to be appropriated not to
exceed $250,000,000 (at October 2006 price levels) to implement
this part and the Settlement, to be available until expended;
provided however, that the Secretary is authorized to spend such
additional appropriations only in amounts equal to the amount of
funds deposited in the San Joaquin River Restoration Fund (not
including payments under subsection (c)(1)(B) and proceeds under
subsection (c)(1)(C)), the amount of in-kind contributions, and
other non-Federal payments actually committed to the implementation
of this part or the Settlement.
(2) Use of the central valley project restoration fund.--The
Secretary is authorized to use monies from the Central Valley
Project Restoration Fund created under section 3407 of the
Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4727) for purposes of this part in
an amount not to exceed $2,000,000 (October 2006 price levels) in
any fiscal year.
(c) Fund.--
(1) In general.--There is hereby established within the
Treasury of the United States a fund, to be known as the San
Joaquin River Restoration Fund, into which the following funds
shall be deposited and used solely for the purpose of implementing
the Settlement except as otherwise provided in subsections (a) and
(b) of section 10203:
(A) All payments received pursuant to section 3406(c)(1) of
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575; 106 Stat. 4721).
(B) The construction cost component (not otherwise needed
to cover operation and maintenance costs) of payments made by
Friant Division, Hidden Unit, and Buchanan Unit long-term
contractors pursuant to long-term water service contracts or
pursuant to repayment contracts, including repayment contracts
executed pursuant to section 10010. The construction cost
repayment obligation assigned such contractors under such
contracts shall be reduced by the amount paid pursuant to this
paragraph and the appropriate share of the existing Federal
investment in the Central Valley Project to be recovered by the
Secretary pursuant to Public Law 99-546 (100 Stat. 3050) shall
be reduced by an equivalent sum.
(C) Proceeds from the sale of water pursuant to the
Settlement, or from the sale of property or interests in
property as provided in section 10005.
(D) Any non-Federal funds, including State cost-sharing
funds, contributed to the United States for implementation of
the Settlement, which the Secretary may expend without further
appropriation for the purposes for which contributed.
(2) Availability.--All funds deposited into the Fund pursuant
to subparagraphs (A), (B), and (C) of paragraph (1) are authorized
for appropriation to implement the Settlement and this part, in
addition to the authorization provided in subsections (a) and (b)
of section 10203, except that $88,000,000 of such funds are
available for expenditure without further appropriation; provided
that after October 1, 2019, all funds in the Fund shall be
available for expenditure without further appropriation.
(d) Limitation on Contributions.--Payments made by long-term
contractors who receive water from the Friant Division and Hidden and
Buchanan Units of the Central Valley Project pursuant to sections
3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721, 4727) and
payments made pursuant to paragraph 16(b)(3) of the Settlement and
subsection (c)(1)(B) shall be the limitation of such entities' direct
financial contribution to the Settlement, subject to the terms and
conditions of paragraph 21 of the Settlement.
(e) No Additional Expenditures Required.--Nothing in this part
shall be construed to require a Federal official to expend Federal
funds not appropriated by Congress, or to seek the appropriation of
additional funds by Congress, for the implementation of the Settlement.
(f) Reach 4B.--
(1) Study.--
(A) In general.--In accordance with the Settlement and the
memorandum of understanding executed pursuant to paragraph 6 of
the Settlement, the Secretary shall conduct a study that
specifies--
(i) the costs of undertaking any work required under
paragraph 11(a)(3) of the Settlement to increase the
capacity of reach 4B prior to reinitiation of Restoration
Flows;
(ii) the impacts associated with reinitiation of such
flows; and
(iii) measures that shall be implemented to mitigate
impacts.
(B) Deadline.--The study under subparagraph (A) shall be
completed prior to restoration of any flows other than Interim
Flows.
(2) Report.--
(A) In general.--The Secretary shall file a report with
Congress not later than 90 days after issuing a determination,
as required by the Settlement, on whether to expand channel
conveyance capacity to 4500 cubic feet per second in reach 4B
of the San Joaquin River, or use an alternative route for pulse
flows, that--
(i) explains whether the Secretary has decided to
expand Reach 4B capacity to 4500 cubic feet per second; and
(ii) addresses the following matters:
(I) The basis for the Secretary's determination,
whether set out in environmental review documents or
otherwise, as to whether the expansion of Reach 4B
would be the preferable means to achieve the
Restoration Goal as provided in the Settlement,
including how different factors were assessed such as
comparative biological and habitat benefits,
comparative costs, relative availability of State cost-
sharing funds, and the comparative benefits and impacts
on water temperature, water supply, private property,
and local and downstream flood control.
(II) The Secretary's final cost estimate for
expanding Reach 4B capacity to 4500 cubic feet per
second, or any alternative route selected, as well as
the alternative cost estimates provided by the State,
by the Restoration Administrator, and by the other
parties to the Settlement.
(III) The Secretary's plan for funding the costs of
expanding Reach 4B or any alternative route selected,
whether by existing Federal funds provided under this
subtitle, by non-Federal funds, by future Federal
appropriations, or some combination of such sources.
(B) Determination required.--The Secretary shall, to the
extent feasible, make the determination in subparagraph (A)
prior to undertaking any substantial construction work to
increase capacity in reach 4B.
(3) Costs.--If the Secretary's estimated Federal cost for
expanding reach 4B in paragraph (2), in light of the Secretary's
funding plan set out in that paragraph, would exceed the remaining
Federal funding authorized by this part (including all funds
reallocated, all funds dedicated, and all new funds authorized by
this part and separate from all commitments of State and other non-
Federal funds and in-kind commitments), then before the Secretary
commences actual construction work in reach 4B (other than
planning, design, feasibility, or other preliminary measures) to
expand capacity to 4500 cubic feet per second to implement this
Settlement, Congress must have increased the applicable
authorization ceiling provided by this part in an amount at least
sufficient to cover the higher estimated Federal costs.
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) The Secretary is authorized and directed to convert, prior
to December 31, 2010, all existing long-term contracts with the
following Friant Division, Hidden Unit, and Buchanan Unit
contractors, entered under subsection (e) of section 9 of the Act
of August 4, 1939 (53 Stat. 1196), to contracts under subsection
(d) of section 9 of said Act (53 Stat. 1195), under mutually
agreeable terms and conditions: Arvin-Edison Water Storage
District; Delano-Earlimart Irrigation District; Exeter Irrigation
District; Fresno Irrigation District; Ivanhoe Irrigation District;
Lindmore Irrigation District; Lindsay-Strathmore Irrigation
District; Lower Tule River Irrigation District; Orange Cove
Irrigation District; Porterville Irrigation District; Saucelito
Irrigation District; Shafter-Wasco Irrigation District; Southern
San Joaquin Municipal Utility District; Stone Corral Irrigation
District; Tea Pot Dome Water District; Terra Bella Irrigation
District; Tulare Irrigation District; Madera Irrigation District;
and Chowchilla Water District. Upon request of the contractor, the
Secretary is authorized to convert, prior to December 31, 2010,
other existing long-term contracts with Friant Division contractors
entered under subsection (e) of section 9 of the Act of August 4,
1939 (53 Stat. 1196), to contracts under subsection (d) of section
9 of said Act (53 Stat. 1195), under mutually agreeable terms and
conditions.
(2) Upon request of the contractor, the Secretary is further
authorized to convert, prior to December 31, 2010, any existing
Friant Division long-term contract entered under subsection (c)(2)
of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a
contract under subsection (c)(1) of section 9 of said Act, under
mutually agreeable terms and conditions.
(3) All such contracts entered into pursuant to paragraph (1)
shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of construction
costs identified in the Central Valley Project Schedule of
Irrigation Capital Rates by Contractor 2007 Irrigation Water
Rates, dated January 25, 2007, as adjusted to reflect payments
not reflected in such schedule, and properly assignable for
ultimate return by the contractor, no later than January 31,
2011, or if made in approximately equal annual installments, no
later than January 31, 2014; such amount to be discounted by
\1/2\ the Treasury Rate. An estimate of the remaining amount of
construction costs as of January 31, 2011, as adjusted, shall
be provided by the Secretary to each contractor no later than
June 30, 2010;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more than
5 years after notification of the allocation if such amount is
a result of a collective annual allocation of capital costs to
the contractors exercising contract conversions under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid as provided by
applicable Reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any other
context;
(C) provide that power revenues will not be available to
aid in repayment of construction costs allocated to irrigation
under the contract; and
(D) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(4) All such contracts entered into pursuant to paragraph (2)
shall--
(A) require the repayment in lump sum of the remaining
amount of construction costs identified in the most current
version of the Central Valley Project Schedule of Municipal and
Industrial Water Rates, as adjusted to reflect payments not
reflected in such schedule, and properly assignable for
ultimate return by the contractor, no later than January 31,
2014. An estimate of the remaining amount of construction costs
as of January 31, 2014, as adjusted, shall be provided by the
Secretary to each contractor no later than June 30, 2013;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more than
5 years after notification of the allocation if such amount is
a result of a collective annual allocation of capital costs to
the contractors exercising contract conversions under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid as provided by
applicable Reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any other
context; and
(C) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(b) Final Adjustment.--The amounts paid pursuant to subsection (a)
shall be subject to adjustment following a final cost allocation by the
Secretary upon completion of the construction of the Central Valley
Project. In the event that the final cost allocation indicates that the
costs properly assignable to the contractor are greater than what has
been paid by the contractor, the contractor shall be obligated to pay
the remaining allocated costs. The term of such additional repayment
contract shall be no less than 1 year and no more than 10 years,
however, mutually agreeable provisions regarding the rate of repayment
of such amount may be developed by the parties. In the event that the
final cost allocation indicates that the costs properly assignable to
the contractor are less than what the contractor has paid, the
Secretary is authorized and directed to credit such overpayment as an
offset against any outstanding or future obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under subsection
(a)(3)(B) or subsection (b), upon a contractor's compliance with
and discharge of the obligation of repayment of the construction
costs as provided in subsection (a)(3)(A), the provisions of
section 213(a) and (b) of the Reclamation Reform Act of 1982 (96
Stat. 1269) shall apply to lands in such district.
(2) Notwithstanding any repayment obligation under paragraph
(3)(B) or (4)(B) of subsection (a), or subsection (b), upon a
contractor's compliance with and discharge of the obligation of
repayment of the construction costs as provided in paragraphs
(3)(A) and (4)(A) of subsection (a), the Secretary shall waive the
pricing provisions of section 3405(d) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575) for
such contractor, provided that such contractor shall continue to
pay applicable operation and maintenance costs and other charges
applicable to such repayment contracts pursuant to the then-current
rate-setting policy and applicable law.
(3) Provisions of the Settlement applying to Friant Division,
Hidden Unit, and Buchanan Unit long-term water service contracts
shall also apply to contracts executed pursuant to this section.
(d) Reduction of Charge for Those Contracts Converted Pursuant to
Subsection (a)(1).--
(1) At the time all payments by the contractor required by
subsection (a)(3)(A) have been completed, the Secretary shall
reduce the charge mandated in section 10007(1) of this part, from
2020 through 2039, to offset the financing costs as defined in
section 10010(d)(3). The reduction shall be calculated at the time
all payments by the contractor required by subsection (a)(3)(A)
have been completed. The calculation shall remain fixed from 2020
through 2039 and shall be based upon anticipated average annual
water deliveries, as mutually agreed upon by the Secretary and the
contractor, for the period from 2020 through 2039, and the amounts
of such reductions shall be discounted using the Treasury Rate;
provided, that such charge shall not be reduced to less than $4.00
per acre foot of project water delivered; provided further, that
such reduction shall be implemented annually unless the Secretary
determines, based on the availability of other monies, that the
charges mandated in section 10007(1) are otherwise needed to cover
ongoing federal costs of the Settlement, including any federal
operation and maintenance costs of facilities that the Secretary
determines are needed to implement the Settlement. If the Secretary
determines that such charges are necessary to cover such ongoing
federal costs, the Secretary shall, instead of making the reduction
in such charges, reduce the contractor's operation and maintenance
obligation by an equivalent amount, and such amount shall not be
recovered by the United States from any Central Valley Project
contractor, provided nothing herein shall affect the obligation of
the contractor to make payments pursuant to a transfer agreement
with a non-federal operating entity.
(2) If the calculated reduction in paragraph (1), taking into
consideration the minimum amount required, does not result in the
contractor offsetting its financing costs, the Secretary is
authorized and directed to reduce, after October 1, 2019, any
outstanding or future obligations of the contractor to the Bureau
of Reclamation, other than the charge assessed and collected under
section 3407(d) of Public law 102-575, by the amount of such
deficiency, with such amount indexed to 2020 using the Treasury
Rate and such amount shall not be recovered by the United States
from any Central Valley Project contractor, provided nothing herein
shall affect the obligation of the contractor to make payments
pursuant to a transfer agreement with a non-Federal operating
entity.
(3) Financing costs, for the purposes of this subsection, shall
be computed as the difference of the net present value of the
construction cost identified in subsection (a)(3)(A) using the full
Treasury Rate as compared to using one half of the Treasury Rate
and applying those rates against a calculated average annual
capital repayment through 2030.
(4) Effective in 2040, the charge shall revert to the amount
called for in section 10007(1) of this part.
(5) For purposes of this section, ``Treasury Rate'' shall be
defined as the 20 year Constant Maturity Treasury (CMT) rate
published by the United States Department of the Treasury as of
October 1, 2010.
(e) Satisfaction of Certain Provisions.--
(1) In general.--Upon the first release of Interim Flows or
Restoration Flows, pursuant to paragraphs 13 or 15 of the
Settlement, any short- or long-term agreement, to which 1 or more
long-term Friant Division, Hidden Unit, or Buchanan Unit contractor
that converts its contract pursuant to subsection (a) is a party,
providing for the transfer or exchange of water not released as
Interim Flows or Restoration Flows shall be deemed to satisfy the
provisions of subsection 3405(a)(1)(A) and (I) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law 102-
575) without the further concurrence of the Secretary as to
compliance with said subsections if the contractor provides, not
later than 90 days before commencement of any such transfer or
exchange for a period in excess of 1 year, and not later than 30
days before commencement of any proposed transfer or exchange with
duration of less than 1 year, written notice to the Secretary
stating how the proposed transfer or exchange is intended to
reduce, avoid, or mitigate impacts to water deliveries caused by
the Interim Flows or Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as described in the
Settlement. The Secretary shall promptly make such notice publicly
available.
(2) Determination of reductions to water deliveries.--Water
transferred or exchanged under an agreement that meets the terms of
this subsection shall not be counted as a replacement or an offset
for purposes of determining reductions to water deliveries to any
Friant Division long-term contractor except as provided in
paragraph 16(b) of the Settlement. The Secretary shall, at least
annually, make publicly available a compilation of the number of
transfer or exchange agreements exercising the provisions of this
subsection to reduce, avoid, or mitigate impacts to water
deliveries caused by the Interim Flows or Restoration Flows or to
facilitate the Water Management Goal, as well as the volume of
water transferred or exchanged under such agreements.
(3) State law.--Nothing in this subsection alters State law or
permit conditions, including any applicable geographical
restrictions on the place of use of water transferred or exchanged
pursuant to this subsection.
(f) Certain Repayment Obligations Not Altered.--Implementation of
the provisions of this section shall not alter the repayment obligation
of any other long-term water service or repayment contractor receiving
water from the Central Valley Project, or shift any costs that would
otherwise have been properly assignable to the Friant contractors
absent this section, including operations and maintenance costs,
construction costs, or other capitalized costs incurred after the date
of enactment of this Act, to other such contractors.
(g) Statutory Interpretation.--Nothing in this part shall be
construed to affect the right of any Friant Division, Hidden Unit, or
Buchanan Unit long-term contractor to use a particular type of
financing to make the payments required in paragraph (3)(A) or (4)(A)
of subsection (a).
SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.
(a) Finding.--Congress finds that the implementation of the
Settlement to resolve 18 years of contentious litigation regarding
restoration of the San Joaquin River and the reintroduction of the
California Central Valley Spring Run Chinook salmon is a unique and
unprecedented circumstance that requires clear expressions of
Congressional intent regarding how the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve
the goals of restoration of the San Joaquin River and the successful
reintroduction of California Central Valley Spring Run Chinook salmon.
(b) Reintroduction in the San Joaquin River.--California Central
Valley Spring Run Chinook salmon shall be reintroduced in the San
Joaquin River below Friant Dam pursuant to section 10(j) of the
Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the Settlement,
provided that the Secretary of Commerce finds that a permit for the
reintroduction of California Central Valley Spring Run Chinook salmon
may be issued pursuant to section 10(a)(1)(A) of the Endangered Species
Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
(c) Final Rule.--
(1) Definition of third party.--For the purpose of this
subsection, the term ``third party'' means persons or entities
diverting or receiving water pursuant to applicable State and
Federal laws and shall include Central Valley Project contractors
outside of the Friant Division of the Central Valley Project and
the State Water Project.
(2) Issuance.--The Secretary of Commerce shall issue a final
rule pursuant to section 4(d) of the Endangered Species Act of 1973
(16 U.S.C. 1533(d)) governing the incidental take of reintroduced
California Central Valley Spring Run Chinook salmon prior to the
reintroduction.
(3) Required components.--The rule issued under paragraph (2)
shall provide that the reintroduction will not impose more than de
minimus: water supply reductions, additional storage releases, or
bypass flows on unwilling third parties due to such reintroduction.
(4) Applicable law.--Nothing in this section--
(A) diminishes the statutory or regulatory protections
provided in the Endangered Species Act of 1973 for any species
listed pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533) other than the reintroduced population of
California Central Valley Spring Run Chinook salmon, including
protections pursuant to existing biological opinions or new
biological opinions issued by the Secretary or Secretary of
Commerce; or
(B) precludes the Secretary or Secretary of Commerce from
imposing protections under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) for other species listed pursuant to
section 4 of that Act (16 U.S.C. 1533) because those
protections provide incidental benefits to such reintroduced
California Central Valley Spring Run Chinook salmon.
(d) Report.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Commerce shall report to Congress on the progress made
on the reintroduction set forth in this section and the Secretary's
plans for future implementation of this section.
(2) Inclusions.--The report under paragraph (1) shall include--
(A) an assessment of the major challenges, if any, to
successful reintroduction;
(B) an evaluation of the effect, if any, of the
reintroduction on the existing population of California Central
Valley Spring Run Chinook salmon existing on the Sacramento
River or its tributaries; and
(C) an assessment regarding the future of the
reintroduction.
(e) FERC Projects.--
(1) In general.--With regard to California Central Valley
Spring Run Chinook salmon reintroduced pursuant to the Settlement,
the Secretary of Commerce shall exercise its authority under
section 18 of the Federal Power Act (16 U.S.C. 811) by reserving
its right to file prescriptions in proceedings for projects
licensed by the Federal Energy Regulatory Commission on the
Calaveras, Stanislaus, Tuolumne, Merced, and San Joaquin rivers and
otherwise consistent with subsection (c) until after the expiration
of the term of the Settlement, December 31, 2025, or the expiration
of the designation made pursuant to subsection (b), whichever ends
first.
(2) Effect of subsection.--Nothing in this subsection shall
preclude the Secretary of Commerce from imposing prescriptions
pursuant to section 18 of the Federal Power Act (16 U.S.C. 811)
solely for other anadromous fish species because those
prescriptions provide incidental benefits to such reintroduced
California Central Valley Spring Run Chinook salmon.
(f) Effect of Section.--Nothing in this section is intended or
shall be construed--
(1) to modify the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.); or
(2) to establish a precedent with respect to any other
application of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.).
PART II--STUDY TO DEVELOP WATER PLAN; REPORT
SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) Plan.--
(1) Grant.--To the extent that funds are made available in
advance for this purpose, the Secretary of the Interior, acting
through the Bureau of Reclamation, shall provide direct financial
assistance to the California Water Institute, located at California
State University, Fresno, California, to conduct a study regarding
the coordination and integration of sub-regional integrated
regional water management plans into a unified Integrated Regional
Water Management Plan for the subject counties in the hydrologic
basins that would address issues related to--
(A) water quality;
(B) water supply (both surface, ground water banking, and
brackish water desalination);
(C) water conveyance;
(D) water reliability;
(E) water conservation and efficient use (by distribution
systems and by end users);
(F) flood control;
(G) water resource-related environmental enhancement; and
(H) population growth.
(2) Study area.--The study area referred to in paragraph (1) is
the proposed study area of the San Joaquin River Hydrologic Region
and Tulare Lake Hydrologic Region, as defined by California
Department of Water Resources Bulletin 160-05, volume 3, chapters 7
and 8, including Kern, Tulare, Kings, Fresno, Madera, Merced,
Stanislaus, and San Joaquin counties in California.
(b) Use of Plan.--The Integrated Regional Water Management Plan
developed for the 2 hydrologic basins under subsection (a) shall serve
as a guide for the counties in the study area described in subsection
(a)(2) to use as a mechanism to address and solve long-term water needs
in a sustainable and equitable manner.
(c) Report.--The Secretary shall ensure that a report containing
the results of the Integrated Regional Water Management Plan for the
hydrologic regions is submitted to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives not later than 24 months after financial
assistance is made available to the California Water Institute under
subsection (a)(1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 to remain available
until expended.
PART III--FRIANT DIVISION IMPROVEMENTS
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.
(a) The Secretary of the Interior (hereafter referred to as the
``Secretary'') is authorized and directed to conduct feasibility
studies in coordination with appropriate Federal, State, regional, and
local authorities on the following improvements and facilities in the
Friant Division, Central Valley Project, California:
(1) Restoration of the capacity of the Friant-Kern Canal and
Madera Canal to such capacity as previously designed and
constructed by the Bureau of Reclamation.
(2) Reverse flow pump-back facilities on the Friant-Kern Canal,
with reverse-flow capacity of approximately 500 cubic feet per
second at the Poso and Shafter Check Structures and approximately
300 cubic feet per second at the Woollomes Check Structure.
(b) Upon completion of and consistent with the applicable
feasibility studies, the Secretary is authorized to construct the
improvements and facilities identified in subsection (a) in accordance
with all applicable Federal and State laws.
(c) The costs of implementing this section shall be in accordance
with section 10203, and shall be a nonreimbursable Federal expenditure.
SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) Authorization.--The Secretary is authorized to provide
financial assistance to local agencies within the Central Valley
Project, California, for the planning, design, environmental
compliance, and construction of local facilities to bank water
underground or to recharge groundwater, and that recover such water,
provided that the project meets the criteria in subsection (b). The
Secretary is further authorized to require that any such local agency
receiving financial assistance under the terms of this section submit
progress reports and accountings to the Secretary, as the Secretary
deems appropriate, which such reports shall be publicly available.
(b) Criteria.--
(1) A project shall be eligible for Federal financial
assistance under subsection (a) only if all or a portion of the
project is designed to reduce, avoid, or offset the quantity of the
expected water supply impacts to Friant Division long-term
contractors caused by the Interim or Restoration Flows authorized
in part I of this subtitle, and such quantities have not already
been reduced, avoided, or offset by other programs or projects.
(2) Federal financial assistance shall only apply to the
portion of a project that the local agency designates as reducing,
avoiding, or offsetting the expected water supply impacts caused by
the Interim or Restoration Flows authorized in part I of this
subtitle, consistent with the methodology developed pursuant to
paragraph (3)(C).
(3) No Federal financial assistance shall be provided by the
Secretary under this part for construction of a project under
subsection (a) unless the Secretary--
(A) determines that appropriate planning, design, and
environmental compliance activities associated with such a
project have been completed, and that the Secretary has been
offered the opportunity to participate in the project at a
price that is no higher than the local agency's own costs, in
order to secure necessary storage, extraction, and conveyance
rights for water that may be needed to meet the Restoration
Goal as described in part I of this subtitle, where such
project has capacity beyond that designated for the purposes in
paragraph (2) or where it is feasible to expand such project to
allow participation by the Secretary;
(B) determines, based on information available at the time,
that the local agency has the financial capability and
willingness to fund its share of the project's construction and
all operation and maintenance costs on an annual basis;
(C) determines that a method acceptable to the Secretary
has been developed for quantifying the benefit, in terms of
reduction, avoidance, or offset of the water supply impacts
expected to be caused by the Interim or Restoration Flows
authorized in part I of this subtitle, that will result from
the project, and for ensuring appropriate adjustment in the
recovered water account pursuant to section 10004(a)(5); and
(D) has entered into a cost-sharing agreement with the
local agency which commits the local agency to funding its
share of the project's construction costs on an annual basis.
(c) Guidelines.--Within 1 year from the date of enactment of this
part, the Secretary shall develop, in consultation with the Friant
Division long-term contractors, proposed guidelines for the application
of the criteria defined in subsection (b), and will make the proposed
guidelines available for public comment. Such guidelines may consider
prioritizing the distribution of available funds to projects that
provide the broadest benefit within the affected area and the equitable
allocation of funds. Upon adoption of such guidelines, the Secretary
shall implement such assistance program, subject to the availability of
funds appropriated for such purpose.
(d) Cost Sharing.--The Federal financial assistance provided to
local agencies under subsection (a) shall not exceed--
(1) 50 percent of the costs associated with planning, design,
and environmental compliance activities associated with such a
project; and
(2) 50 percent of the costs associated with construction of any
such project.
(e) Project Ownership.--
(1) Title to, control over, and operation of, projects funded
under subsection (a) shall remain in one or more non-Federal local
agencies. Nothing in this part authorizes the Secretary to operate
a groundwater bank along or adjacent to the San Joaquin River
upstream of the confluence with the Merced River, and any such
groundwater bank shall be operated by a non-Federal entity. All
projects funded pursuant to this subsection shall comply with all
applicable Federal and State laws, including provisions of
California water law.
(2) All operation, maintenance, and replacement and
rehabilitation costs of such projects shall be the responsibility
of the local agency. The Secretary shall not provide funding for
any operation, maintenance, or replacement and rehabilitation costs
of projects funded under subsection (a).
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies from the
fund established under section 10009 to carry out the provisions of
section 10201(a)(1), in an amount not to exceed $35,000,000.
(b) In addition to the funds made available pursuant to subsection
(a), the Secretary is also authorized to expend such additional funds
from the fund established under section 10009 to carry out the purposes
of section 10201(a)(2), if such facilities have not already been
authorized and funded under the plan provided for pursuant to section
10004(a)(4), in an amount not to exceed $17,000,000, provided that the
Secretary first determines that such expenditure will not conflict with
or delay his implementation of actions required by part I of this
subtitle. Notice of the Secretary's determination shall be published
not later than his submission of the report to Congress required by
section 10009(f)(2).
(c) In addition to funds made available in subsections (a) and (b),
there are authorized to be appropriated $50,000,000 (October 2008 price
levels) to carry out the purposes of this part which shall be non-
reimbursable.
Subtitle B--Northwestern New Mexico Rural Water Projects
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Northwestern New Mexico Rural
Water Projects Act''.
SEC. 10302. DEFINITIONS.
In this subtitle:
(1) Aamodt adjudication.--The term ``Aamodt adjudication''
means the general stream adjudication that is the subject of the
civil action entitled ``State of New Mexico, ex rel. State Engineer
and United States of America, Pueblo de Nambe, Pueblo de Pojoaque,
Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et
al.'', No. 66 CV 6639 MV/LCS (D.N.M.).
(2) Abeyta adjudication.--The term ``Abeyta adjudication''
means the general stream adjudication that is the subject of the
civil actions entitled ``State of New Mexico v. Abeyta and State of
New Mexico v. Arrellano'', Civil Nos. 7896-BB (D.N.M) and 7939-BB
(D.N.M.) (consolidated).
(3) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(4) Agreement.--The term ``Agreement'' means the agreement
among the State of New Mexico, the Nation, and the United States
setting forth a stipulated and binding agreement signed by the
State of New Mexico and the Nation on April 19, 2005.
(5) Allottee.--The term ``allottee'' means a person that holds
a beneficial real property interest in a Navajo allotment that--
(A) is located within the Navajo Reservation or the State
of New Mexico;
(B) is held in trust by the United States; and
(C) was originally granted to an individual member of the
Nation by public land order or otherwise.
(6) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given the term in section 3 of Public Law
100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake
Nighthorse, the Navajo Nation Municipal Pipeline, and any other
features or modifications made pursuant to the Colorado Ute
Settlement Act Amendments of 2000 (Public Law 106-554; 114 Stat.
2763A-258).
(7) City.--The term ``City'' means the city of Gallup, New
Mexico, or a designee of the City, with authority to provide water
to the Gallup, New Mexico service area.
(8) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922 as approved by
Congress in the Act of December 21, 1928 (45 Stat. 1057) and by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
(9) Colorado river system.--The term ``Colorado River System''
has the same meaning given the term in Article II(a) of the
Colorado River Compact.
(10) Compact.--The term ``Compact'' means the Upper Colorado
River Basin Compact as consented to by the Act of April 6, 1949 (63
Stat. 31, chapter 48).
(11) Contract.--The term ``Contract'' means the contract
between the United States and the Nation setting forth certain
commitments, rights, and obligations of the United States and the
Nation, as described in paragraph 6.0 of the Agreement.
(12) Depletion.--The term ``depletion'' means the depletion of
the flow of the San Juan River stream system in the State of New
Mexico by a particular use of water (including any depletion
incident to the use) and represents the diversion from the stream
system by the use, less return flows to the stream system from the
use.
(13) Draft impact statement.--The term ``Draft Impact
Statement'' means the draft environmental impact statement prepared
by the Bureau of Reclamation for the Project dated March 2007.
(14) Fund.--The term ``Fund'' means the Reclamation Waters
Settlements Fund established by section 10501(a).
(15) Hydrologic determination.--The term ``hydrologic
determination'' means the hydrologic determination entitled ``Water
Availability from Navajo Reservoir and the Upper Colorado River
Basin for Use in New Mexico,'' prepared by the Bureau of
Reclamation pursuant to section 11 of the Act of June 13, 1962
(Public Law 87-483; 76 Stat. 99), and dated May 23, 2007.
(16) Lower basin.--The term ``Lower Basin'' has the same
meaning given the term in Article II(g) of the Colorado River
Compact.
(17) Nation.--The term ``Nation'' means the Navajo Nation, a
body politic and federally-recognized Indian nation as provided for
in section 101(2) of the Federally Recognized Indian Tribe List of
1994 (25 U.S.C. 497a(2)), also known variously as the ``Navajo
Tribe,'' the ``Navajo Tribe of Arizona, New Mexico & Utah,'' and
the ``Navajo Tribe of Indians'' and other similar names, and
includes all bands of Navajo Indians and chapters of the Navajo
Nation.
(18) Navajo-gallup water supply project; project.--The term
``Navajo-Gallup Water Supply Project'' or ``Project'' means the
Navajo-Gallup Water Supply Project authorized under section
10602(a), as described as the preferred alternative in the Draft
Impact Statement.
(19) Navajo indian irrigation project.--The term ``Navajo
Indian Irrigation Project'' means the Navajo Indian irrigation
project authorized by section 2 of Public Law 87-483 (76 Stat. 96).
(20) Navajo reservoir.--The term ``Navajo Reservoir'' means the
reservoir created by the impoundment of the San Juan River at
Navajo Dam, as authorized by the Act of April 11, 1956 (commonly
known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620
et seq.).
(21) Navajo nation municipal pipeline; pipeline.--The term
``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means the
pipeline used to convey the water of the Animas-La Plata Project of
the Navajo Nation from the City of Farmington, New Mexico, to
communities of the Navajo Nation located in close proximity to the
San Juan River Valley in the State of New Mexico (including the
City of Shiprock), as authorized by section 15(b) of the Colorado
Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585;
102 Stat. 2973; 114 Stat. 2763A-263).
(22) Non-navajo irrigation districts.--The term ``Non-Navajo
Irrigation Districts'' means--
(A) the Hammond Conservancy District;
(B) the Bloomfield Irrigation District; and
(C) any other community ditch organization in the San Juan
River basin in the State of New Mexico.
(23) Partial final decree.--The term ``Partial Final Decree''
means a final and binding judgment and decree entered by a court in
the stream adjudication, setting forth the rights of the Nation to
use and administer waters of the San Juan River Basin in New
Mexico, as set forth in Appendix 1 of the Agreement.
(24) Project participants.--The term ``Project Participants''
means the City, the Nation, and the Jicarilla Apache Nation.
(25) San juan river basin recovery implementation program.--The
term ``San Juan River Basin Recovery Implementation Program'' means
the intergovernmental program established pursuant to the
cooperative agreement dated October 21, 1992 (including any
amendments to the program).
(26) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation or any
other designee.
(27) Stream adjudication.--The term ``stream adjudication''
means the general stream adjudication that is the subject of New
Mexico v. United States, et al., No. 75-185 (11th Jud. Dist., San
Juan County, New Mexico) (involving claims to waters of the San
Juan River and the tributaries of that river).
(28) Supplemental partial final decree.--The term
``Supplemental Partial Final Decree'' means a final and binding
judgment and decree entered by a court in the stream adjudication,
setting forth certain water rights of the Nation, as set forth in
Appendix 2 of the Agreement.
(29) Trust fund.--The term ``Trust Fund'' means the Navajo
Nation Water Resources Development Trust Fund established by
section 10702(a).
(30) Upper basin.--The term ``Upper Basin'' has the same
meaning given the term in Article II(f) of the Colorado River
Compact.
SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement.--The execution of the
Agreement under section 10701(a)(2) shall not constitute a major
Federal action under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Compliance With Environmental Laws.--In carrying out this
subtitle, the Secretary shall comply with each law of the Federal
Government relating to the protection of the environment, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 10304. NO REALLOCATION OF COSTS.
(a) Effect of Act.--Notwithstanding any other provision of law, the
Secretary shall not reallocate or reassign any costs of projects that
have been authorized under the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.), as
of the date of enactment of this Act because of--
(1) the authorization of the Navajo-Gallup Water Supply Project
under this subtitle; or
(2) the changes in the uses of the water diverted by the Navajo
Indian Irrigation Project or the waters stored in the Navajo
Reservoir authorized under this subtitle.
(b) Use of Power Revenues.--Notwithstanding any other provision of
law, no power revenues under the Act of April 11, 1956 (commonly known
as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.),
shall be used to pay or reimburse any costs of the Navajo Indian
Irrigation Project or Navajo-Gallup Water Supply Project.
SEC. 10305. INTEREST RATE.
Notwithstanding any other provision of law, the interest rate
applicable to any repayment contract entered into under section 10604
shall be equal to the discount rate for Federal water resources
planning, as determined by the Secretary.
PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC
LAW 87-483
SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.
(a) Participating Projects.--Paragraph (2) of the first section of
the Act of April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620(2)) is amended by inserting ``the
Navajo-Gallup Water Supply Project,'' after ``Fruitland Mesa,''.
(b) Navajo Reservoir Water Bank.--The Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') is
amended--
(1) by redesignating section 16 (43 U.S.C. 620o) as section 17;
and
(2) by inserting after section 15 (43 U.S.C. 620n) the
following:
``Sec. 16. (a) The Secretary of the Interior may create and operate
within the available capacity of Navajo Reservoir a top water bank.
``(b) Water made available for the top water bank in accordance
with subsections (c) and (d) shall not be subject to section 11 of
Public Law 87-483 (76 Stat. 99).
``(c) The top water bank authorized under subsection (a) shall be
operated in a manner that--
``(1) is consistent with applicable law, except that,
notwithstanding any other provision of law, water for purposes
other than irrigation may be stored in the Navajo Reservoir
pursuant to the rules governing the top water bank established
under this section; and
``(2) does not impair the ability of the Secretary of the
Interior to deliver water under contracts entered into under--
``(A) Public Law 87-483 (76 Stat. 96); and
``(B) New Mexico State Engineer File Nos. 2847, 2848, 2849,
and 2917.
``(d)(1) The Secretary of the Interior, in cooperation with the
State of New Mexico (acting through the Interstate Stream Commission),
shall develop any terms and procedures for the storage, accounting, and
release of water in the top water bank that are necessary to comply
with subsection (c).
``(2) The terms and procedures developed under paragraph (1) shall
include provisions requiring that--
``(A) the storage of banked water shall be subject to approval
under State law by the New Mexico State Engineer to ensure that
impairment of any existing water right does not occur, including
storage of water under New Mexico State Engineer File No. 2849;
``(B) water in the top water bank be subject to evaporation and
other losses during storage;
``(C) water in the top water bank be released for delivery to
the owner or assigns of the banked water on request of the owner,
subject to reasonable scheduling requirements for making the
release;
``(D) water in the top water bank be the first water spilled or
released for flood control purposes in anticipation of a spill, on
the condition that top water bank water shall not be released or
included for purposes of calculating whether a release should occur
for purposes of satisfying the flow recommendations of the San Juan
River Basin Recovery Implementation Program; and
``(E) water eligible for banking in the top water bank shall be
water that otherwise would have been diverted and beneficially used
in New Mexico that year.
``(e) The Secretary of the Interior may charge fees to water users
that use the top water bank in amounts sufficient to cover the costs
incurred by the United States in administering the water bank.''.
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project.--Public Law 87-483 (76 Stat.
96) is amended by striking section 2 and inserting the following:
``Sec. 2. (a) In accordance with the Act of April 11, 1956
(commonly known as the `Colorado River Storage Project Act') (43 U.S.C.
620 et seq.), the Secretary of the Interior is authorized to construct,
operate, and maintain the Navajo Indian Irrigation Project to provide
irrigation water to a service area of not more than 110,630 acres of
land.
``(b)(1) Subject to paragraph (2), the average annual diversion by
the Navajo Indian Irrigation Project from the Navajo Reservoir over any
consecutive 10-year period shall be the lesser of--
``(A) 508,000 acre-feet per year; or
``(B) the quantity of water necessary to supply an average
depletion of 270,000 acre-feet per year.
``(2) The quantity of water diverted for any 1 year shall not
exceed the average annual diversion determined under paragraph (1) by
more than 15 percent.
``(c) In addition to being used for irrigation, the water diverted
by the Navajo Indian Irrigation Project under subsection (b) may be
used within the area served by Navajo Indian Irrigation Project
facilities for the following purposes:
``(1) Aquaculture purposes, including the rearing of fish in
support of the San Juan River Basin Recovery Implementation Program
authorized by Public Law 106-392 (114 Stat. 1602).
``(2) Domestic, industrial, or commercial purposes relating to
agricultural production and processing.
``(3)(A) The generation of hydroelectric power as an incident
to the diversion of water by the Navajo Indian Irrigation Project
for authorized purposes.
``(B) Notwithstanding any other provision of law--
``(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Navajo Nation;
``(ii) the Navajo Nation shall retain any revenues from the
sale of the hydroelectric power; and
``(iii) the United States shall have no trust obligation to
monitor, administer, or account for the revenues received by
the Navajo Nation, or the expenditure of the revenues.
``(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement executed
under section 10701(a)(2) of the Northwestern New Mexico Rural
Water Projects Act.
``(d) The Navajo Indian Irrigation Project water diverted under
subsection (b) may be transferred to areas located within or outside
the area served by Navajo Indian Irrigation Project facilities, and
within or outside the boundaries of the Navajo Nation, for any
beneficial use in accordance with--
``(1) the agreement executed under section 10701(a)(2) of the
Northwestern New Mexico Rural Water Projects Act;
``(2) the contract executed under section 10604(a)(2)(B) of
that Act; and
``(3) any other applicable law.
``(e) The Secretary may use the capacity of the Navajo Indian
Irrigation Project works to convey water supplies for--
``(1) the Navajo-Gallup Water Supply Project under section
10602 of the Northwestern New Mexico Rural Water Projects Act; or
``(2) other nonirrigation purposes authorized under subsection
(c) or (d).
``(f)(1) Repayment of the costs of construction of the project (as
authorized in subsection (a)) shall be in accordance with the Act of
April 11, 1956 (commonly known as the `Colorado River Storage Project
Act') (43 U.S.C. 620 et seq.), including section 4(d) of that Act.
``(2) The Secretary shall not reallocate, or require repayment of,
construction costs of the Navajo Indian Irrigation Project because of
the conveyance of water supplies for nonirrigation purposes under
subsection (e).''.
(b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-483 (76
Stat. 100) is amended by adding at the end the following:
``(d)(1) For purposes of implementing in a year of prospective
shortage the water allocation procedures established by subsection (a),
the Secretary of the Interior shall determine the quantity of any
shortages and the appropriate apportionment of water using the normal
diversion requirements on the flow of the San Juan River originating
above Navajo Dam based on the following criteria:
``(A) The quantity of diversion or water delivery for the
current year anticipated to be necessary to irrigate land in
accordance with cropping plans prepared by contractors.
``(B) The annual diversion or water delivery demands for the
current year anticipated for non-irrigation uses under water
delivery contracts, including contracts authorized by the
Northwestern New Mexico Rural Water Projects Act, but excluding any
current demand for surface water for placement into aquifer storage
for future recovery and use.
``(C) An annual normal diversion demand of 135,000 acre-feet
for the initial stage of the San Juan-Chama Project authorized by
section 8, which shall be the amount to which any shortage is
applied.
``(2) The Secretary shall not include in the normal diversion
requirements--
``(A) the quantity of water that reliably can be anticipated to
be diverted or delivered under a contract from inflows to the San
Juan River arising below Navajo Dam under New Mexico State Engineer
File No. 3215; or
``(B) the quantity of water anticipated to be supplied through
reuse.
``(e)(1) If the Secretary determines that there is a shortage of
water under subsection (a), the Secretary shall respond to the shortage
in the Navajo Reservoir water supply by curtailing releases and
deliveries in the following order:
``(A) The demand for delivery for uses in the State of Arizona
under the Navajo-Gallup Water Supply Project authorized by section
10603 of the Northwestern New Mexico Rural Water Projects Act,
excluding the quantity of water anticipated to be diverted for the
uses from inflows to the San Juan River that arise below Navajo Dam
in accordance with New Mexico State Engineer File No. 3215.
``(B) The demand for delivery for uses allocated under
paragraph 8.2 of the agreement executed under section 10701(a)(2)
of the Northwestern New Mexico Rural Water Projects Act, excluding
the quantity of water anticipated to be diverted for such uses
under State Engineer File No. 3215.
``(C) The uses in the State of New Mexico that are determined
under subsection (d), in accordance with the procedure for
apportioning the water supply under subsection (a).
``(2) For any year for which the Secretary determines and responds
to a shortage in the Navajo Reservoir water supply, the Secretary shall
not deliver, and contractors of the water supply shall not divert, any
of the water supply for placement into aquifer storage for future
recovery and use.
``(3) To determine the occurrence and amount of any shortage to
contracts entered into under this section, the Secretary shall not
include as available storage any water stored in a top water bank in
Navajo Reservoir established under section 16(a) of the Act of April
11, 1956 (commonly known as the `Colorado River Storage Project Act').
``(f) The Secretary of the Interior shall apportion water under
subsections (a), (d), and (e) on an annual volume basis.
``(g) The Secretary of the Interior may revise a determination of
shortages, apportionments, or allocations of water under subsections
(a), (d), and (e) on the basis of information relating to water supply
conditions that was not available at the time at which the
determination was made.
``(h) Nothing in this section prohibits the distribution of water
in accordance with cooperative water agreements between water users
providing for a sharing of water supplies.
``(i) Diversions under New Mexico State Engineer File No. 3215
shall be distributed, to the maximum extent water is available, in
proportionate amounts to the diversion demands of contractors and
subcontractors of the Navajo Reservoir water supply that are diverting
water below Navajo Dam.''.
SEC. 10403. EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this subtitle, nothing in this
subtitle modifies, conflicts with, preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat. 774,
chapter 643);
(3) the Act of April 11, 1956 (commonly known as the ``Colorado
River Storage Project Act'') (43 U.S.C. 620 et seq.);
(4) the Act of September 30, 1968 (commonly known as the
``Colorado River Basin Project Act'') (82 Stat. 885);
(5) Public Law 87-483 (76 Stat. 96);
(6) the Treaty between the United States of America and Mexico
respecting utilization of waters of the Colorado and Tijuana Rivers
and of the Rio Grande, signed at Washington February 3, 1944 (59
Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8) the Compact;
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10) the Jicarilla Apache Tribe Water Rights Settlement Act
(106 Stat. 2237); or
(11) section 205 of the Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Reclamation Water
Settlements Fund'', consisting of--
(1) such amounts as are deposited to the Fund under subsection
(b); and
(2) any interest earned on investment of amounts in the Fund
under subsection (d).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2020 through 2029,
the Secretary of the Treasury shall deposit in the Fund, if
available, $120,000,000 of the revenues that would otherwise be
deposited for the fiscal year in the fund established by the first
section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall be made available pursuant to this
section--
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any
authorization contained in any other provision of law.
(c) Expenditures From Fund.--
(1) In general.--
(A) Expenditures.--Subject to subparagraph (B), for each of
fiscal years 2020 through 2034, the Secretary may expend from
the Fund an amount not to exceed $120,000,000, plus the
interest accrued in the Fund, for the fiscal year in which
expenditures are made pursuant to paragraphs (2) and (3).
(B) Additional expenditures.--The Secretary may expend more
than $120,000,000 for any fiscal year if such amounts are
available in the Fund due to expenditures not reaching
$120,000,000 for prior fiscal years.
(2) Authority.--The Secretary may expend money from the Fund to
implement a settlement agreement approved by Congress that
resolves, in whole or in part, litigation involving the United
States, if the settlement agreement or implementing legislation
requires the Bureau of Reclamation to provide financial assistance
for, or plan, design, and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery system to conserve
water; or
(ii) to restore fish and wildlife habitat or otherwise
improve environmental conditions associated with or
affected by, or located within the same river basin as, a
Federal reclamation project that is in existence on the
date of enactment of this Act.
(3) Use for completion of project and other settlements.--
(A) Priorities.--
(i) First priority.--
(I) In general.--The first priority for expenditure
of amounts in the Fund during the entire period in
which the Fund is in existence shall be for the
purposes described in, and in the order of, clauses (i)
through (iv) of subparagraph (B).
(II) Reserved amounts.--The Secretary shall reserve
and use amounts deposited into the Fund in accordance
with subclause (I).
(ii) Other purposes.--Any amounts in the Fund that are
not needed for the purposes described in subparagraph (B)
may be used for other purposes authorized in paragraph (2).
(B) Completion of project.--
(i) Navajo-gallup water supply project.--
(I) In general.--Subject to subclause (II),
effective beginning January 1, 2020, if, in the
judgment of the Secretary on an annual basis the
deadline described in section 10701(e)(1)(A)(ix) is
unlikely to be met because a sufficient amount of
funding is not otherwise available through
appropriations made available pursuant to section
10609(a), the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs
(1) and (2), as are necessary to pay the Federal share
of the costs, and substantially complete as
expeditiously as practicable, the construction of the
water supply infrastructure authorized as part of the
Project.
(II) Maximum amount.--
(aa) In general.--Except as provided under item
(bb), the amount expended under subclause (I) shall
not exceed $500,000,000 for the period of fiscal
years 2020 through 2029.
(bb) Exception.--The limitation on the
expenditure amount under item (aa) may be exceeded
during the entire period in which the Fund is in
existence if such additional funds can be expended
without limiting the amounts identified in clauses
(ii) through (iv).
(ii) Other new mexico settlements.--
(I) In general.--Subject to subclause (II),
effective beginning January 1, 2020, in addition to the
funding made available under clause (i), if in the
judgment of the Secretary on an annual basis a
sufficient amount of funding is not otherwise available
through annual appropriations, the Secretary shall
expend from the Fund such amounts on an annual basis
consistent with paragraphs (1) and (2), as are
necessary to pay the Federal share of the remaining
costs of implementing the Indian water rights
settlement agreements entered into by the State of New
Mexico in the Aamodt adjudication and the Abeyta
adjudication, if such settlements are subsequently
approved and authorized by an Act of Congress and the
implementation period has not already expired.
(II) Maximum amount.--The amount expended under
subclause (I) shall not exceed $250,000,000.
(iii) Montana settlements.--
(I) In general.--Subject to subclause (II),
effective beginning January 1, 2020, in addition to
funding made available pursuant to clauses (i) and
(ii), if in the judgment of the Secretary on an annual
basis a sufficient amount of funding is not otherwise
available through annual appropriations, the Secretary
shall expend from the Fund such amounts on an annual
basis consistent with paragraphs (1) and (2), as are
necessary to pay the Federal share of the remaining
costs of implementing Indian water rights settlement
agreements entered into by the State of Montana with
the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre
and Assiniboine Tribes of the Fort Belknap Indian
Reservation in the judicial proceeding entitled ``In re
the General Adjudication of All the Rights to Use
Surface and Groundwater in the State of Montana'', if a
settlement or settlements are subsequently approved and
authorized by an Act of Congress and the implementation
period has not already expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item
(bb), the amount expended under subclause (I) shall
not exceed $350,000,000 for the period of fiscal
years 2020 through 2029.
(bb) Exception.--The limitation on the
expenditure amount under item (aa) may be exceeded
during the entire period in which the Fund is in
existence if such additional funds can be expended
without limiting the amounts identified in clause
(i), (ii), and (iv).
(cc) Other funding.--The Secretary shall ensure
that any funding under this clause shall be
provided in a manner that does not limit the
funding available pursuant to clauses (i) and (ii).
(iv) Arizona settlement.--
(I) In general.--Subject to subclause (II),
effective beginning January 1, 2020, in addition to
funding made available pursuant to clauses (i), (ii),
and (iii), if in the judgment of the Secretary on an
annual basis a sufficient amount of funding is not
otherwise available through annual appropriations, the
Secretary shall expend from the Fund such amounts on an
annual basis consistent with paragraphs (1) and (2), as
are necessary to pay the Federal share of the remaining
costs of implementing an Indian water rights settlement
agreement entered into by the State of Arizona with the
Navajo Nation to resolve the water rights claims of the
Nation in the Lower Colorado River basin in Arizona, if
a settlement is subsequently approved and authorized by
an Act of Congress and the implementation period has
not already expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item
(bb), the amount expended under subclause (I) shall
not exceed $100,000,000 for the period of fiscal
years 2020 through 2029.
(bb) Exception.--The limitation on the
expenditure amount under item (aa) may be exceeded
during the entire period in which the Fund is in
existence if such additional funds can be expended
without limiting the amounts identified in clauses
(i) through (iii).
(cc) Other funding.--The Secretary shall ensure
that any funding under this clause shall be
provided in a manner that does not limit the
funding available pursuant to clauses (i) and (ii).
(C) Reversion.--If the settlements described in clauses
(ii) through (iv) of subparagraph (B) have not been approved
and authorized by an Act of Congress by December 31, 2019, the
amounts reserved for the settlements shall no longer be
reserved by the Secretary pursuant to subparagraph (A)(i) and
shall revert to the Fund for any authorized use, as determined
by the Secretary.
(d) Investment of Amounts.--
(1) In general.--The Secretary shall invest such portion of the
Fund as is not, in the judgment of the Secretary, required to meet
current withdrawals.
(2) Credits to fund.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Fund shall
be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to the
Fund under this section shall be transferred at least monthly from
the general fund of the Treasury to the Fund on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(f) Termination.--On September 30, 2034--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall be
transferred to the appropriate fund of the Treasury.
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 10601. PURPOSES.
The purposes of this part are--
(1) to authorize the Secretary to construct, operate, and
maintain the Navajo-Gallup Water Supply Project;
(2) to allocate the capacity of the Project among the Nation,
the City, and the Jicarilla Apache Nation; and
(3) to authorize the Secretary to enter into Project repayment
contracts with the City and the Jicarilla Apache Nation.
SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation, is authorized to design, construct, operate, and maintain
the Project in substantial accordance with the preferred alternative in
the Draft Impact Statement.
(b) Project Facilities.--To provide for the delivery of San Juan
River water to Project Participants, the Secretary may construct,
operate, and maintain the Project facilities described in the preferred
alternative in the Draft Impact Statement, including:
(1) A pumping plant on the San Juan River in the vicinity of
Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near Kirtland,
New Mexico, to Shiprock, New Mexico, and Gallup, New Mexico, which
follows United States Highway 491.
(B) Any pumping plants associated with the pipeline authorized
under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, New
Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline authorized
under subparagraph (A).
(4)(A) Lateral pipelines from the main pipelines to Nation
communities in the States of New Mexico and Arizona.
(B) Any pumping plants associated with the pipelines authorized
under subparagraph (A).
(5) Any water regulation, storage or treatment facility,
service connection to an existing public water supply system, power
substation, power distribution works, or other appurtenant works
(including a building or access road) that is related to the
Project facilities authorized by paragraphs (1) through (4),
including power transmission facilities and associated wheeling
services to connect Project facilities to existing high-voltage
transmission facilities and deliver power to the Project.
(c) Acquisition of Land.--
(1) In general.--The Secretary is authorized to acquire any
land or interest in land that is necessary to construct, operate,
and maintain the Project facilities authorized under subsection
(b).
(2) Land of the project participants.--As a condition of
construction of the facilities authorized under this part, the
Project Participants shall provide all land or interest in land, as
appropriate, that the Secretary identifies as necessary for
acquisition under this subsection at no cost to the Secretary.
(3) Limitation.--The Secretary may not condemn water rights for
purposes of the Project.
(d) Conditions.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall not commence construction of the facilities
authorized under subsection (b) until such time as--
(A) the Secretary executes the Agreement and the Contract;
(B) the contracts authorized under section 10604 are
executed;
(C) the Secretary--
(i) completes an environmental impact statement for the
Project; and
(ii) has issued a record of decision that provides for
a preferred alternative; and
(D) the Secretary has entered into an agreement with the
State of New Mexico under which the State of New Mexico will
provide a share of the construction costs of the Project of not
less than $50,000,000, except that the State of New Mexico
shall receive credit for funds the State has contributed to
construct water conveyance facilities to the Project
Participants to the extent that the facilities reduce the cost
of the Project as estimated in the Draft Impact Statement.
(2) Exception.--If the Jicarilla Apache Nation elects not to
enter into a contract pursuant to section 10604, the Secretary,
after consulting with the Nation, the City, and the State of New
Mexico acting through the Interstate Stream Commission, may make
appropriate modifications to the scope of the Project and proceed
with Project construction if all other conditions for construction
have been satisfied.
(3) Effect of indian self-determination and education
assistance act.--The Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
design, construction, operation, maintenance, or replacement of the
Project.
(e) Power.--The Secretary shall reserve, from existing reservations
of Colorado River Storage Project power for Bureau of Reclamation
projects, up to 26 megawatts of power for use by the Project.
(f) Conveyance of Title to Project Facilities.--
(1) In general.--The Secretary is authorized to enter into
separate agreements with the City and the Nation and, on entering
into the agreements, shall convey title to each Project facility or
section of a Project facility authorized under subsection (b)
(including any appropriate interests in land) to the City and the
Nation after--
(A) completion of construction of a Project facility or a
section of a Project facility that is operating and delivering
water; and
(B) execution of a Project operations agreement approved by
the Secretary and the Project Participants that sets forth--
(i) any terms and conditions that the Secretary
determines are necessary--
(I) to ensure the continuation of the intended
benefits of the Project; and
(II) to fulfill the purposes of this part;
(ii) requirements acceptable to the Secretary and the
Project Participants for--
(I) the distribution of water under the Project or
section of a Project facility; and
(II) the allocation and payment of annual
operation, maintenance, and replacement costs of the
Project or section of a Project facility based on the
proportionate uses of Project facilities; and
(iii) conditions and requirements acceptable to the
Secretary and the Project Participants for operating and
maintaining each Project facility on completion of the
conveyance of title, including the requirement that the
City and the Nation shall--
(I) comply with--
(aa) the Compact; and
(bb) other applicable law; and
(II) be responsible for--
(aa) the operation, maintenance, and
replacement of each Project facility; and
(bb) the accounting and management of water
conveyance and Project finances, as necessary to
administer and fulfill the conditions of the
Contract executed under section 10604(a)(2)(B).
(2) Effect of conveyance.--The conveyance of title to each
Project facility shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of
the water associated with the Project.
(3) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, 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 land,
buildings, or facilities conveyed under this subsection, other
than damages caused by acts of negligence committed by the
United States, or by employees or agents of the United States,
prior to the date of conveyance.
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided in
chapter 171 of title 28, United States Code (commonly known as
the ``Federal Tort Claims Act'').
(4) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to any Project
facility, the Secretary shall submit to the Committee on Resources
of the House of Representatives and to the Committee on Energy and
Natural Resources of the Senate notice of the conveyance of each
Project facility.
(g) Colorado River Storage Project Power.--The conveyance of
Project facilities under subsection (f) shall not affect the
availability of Colorado River Storage Project power to the Project
under subsection (e).
(h) Regional Use of Project Facilities.--
(1) In general.--Subject to paragraph (2), Project facilities
constructed under subsection (b) may be used to treat and convey
non-Project water or water that is not allocated by subsection
10603(b) if--
(A) capacity is available without impairing any water
delivery to a Project Participant; and
(B) the unallocated or non-Project water beneficiary--
(i) has the right to use the water;
(ii) agrees to pay the operation, maintenance, and
replacement costs assignable to the beneficiary for the use
of the Project facilities; and
(iii) agrees to pay an appropriate fee that may be
established by the Secretary to assist in the recovery of
any capital cost allocable to that use.
(2) Effect of payments.--Any payments to the United States or
the Nation for the use of unused capacity under this subsection or
for water under any subcontract with the Nation or the Jicarilla
Apache Nation shall not alter the construction repayment
requirements or the operation, maintenance, and replacement payment
requirements of the Project Participants.
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT
WATER.
(a) Use of Project Water.--
(1) In general.--In accordance with this subtitle and other
applicable law, water supply from the Project shall be used for
municipal, industrial, commercial, domestic, and stock watering
purposes.
(2) Use on certain land.--
(A) In general.--Subject to subparagraph (B), the Nation
may use Project water allocations on--
(i) land held by the United States in trust for the
Nation and members of the Nation; and
(ii) land held in fee by the Nation.
(B) Transfer.--The Nation may transfer the purposes and
places of use of the allocated water in accordance with the
Agreement and applicable law.
(3) Hydroelectric power.--
(A) In general.--Hydroelectric power may be generated as an
incident to the delivery of Project water for authorized
purposes under paragraph (1).
(B) Administration.--Notwithstanding any other provision of
law--
(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Nation;
(ii) the Nation shall retain any revenues from the sale
of the hydroelectric power; and
(iii) the United States shall have no trust obligation
or other obligation to monitor, administer, or account for
the revenues received by the Nation, or the expenditure of
the revenues.
(4) Storage.--
(A) In general.--Subject to subparagraph (B), any water
contracted for delivery under paragraph (1) that is not needed
for current water demands or uses may be delivered by the
Project for placement in underground storage in the State of
New Mexico for future recovery and use.
(B) State approval.--Delivery of water under subparagraph
(A) is subject to--
(i) approval by the State of New Mexico under
applicable provisions of State law relating to aquifer
storage and recovery; and
(ii) the provisions of the Agreement and this subtitle.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--Subject to availability and consistent with
Federal and State law, the Project may divert from the Navajo
Reservoir and the San Juan River a quantity of water to be
allocated and used consistent with the Agreement and this subtitle,
that does not exceed in any 1 year, the lesser of--
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a depletion
from the San Juan River of 35,890 acre-feet.
(2) Project delivery capacity allocations.--
(A) In general.--The capacity of the Project shall be
allocated to the Project Participants in accordance with
subparagraphs (B) through (E), other provisions of this
subtitle, and other applicable law.
(B) Delivery capacity allocation to the city.--The Project
may deliver at the point of diversion from the San Juan River
not more than 7,500 acre-feet of water in any 1 year for which
the City has secured rights for the use of the City.
(C) Delivery capacity allocation to navajo nation
communities in new mexico.--For use by the Nation in the State
of New Mexico, the Project may deliver water out of the water
rights held by the Secretary for the Nation and confirmed under
this subtitle, at the points of diversion from the San Juan
River or at Navajo Reservoir in any 1 year, the lesser of--
(i) 22,650 acre-feet of water; or
(ii) the quantity of water necessary to supply a
depletion from the San Juan River of 20,780 acre-feet of
water.
(D) Delivery capacity allocation to navajo nation
communities in arizona.--Subject to subsection (c), the Project
may deliver at the point of diversion from the San Juan River
not more than 6,411 acre-feet of water in any 1 year for use by
the Nation in the State of Arizona.
(E) Delivery capacity allocation to jicarilla apache
nation.--The Project may deliver at Navajo Reservoir not more
than 1,200 acre-feet of water in any 1 year of the water rights
of the Jicarilla Apache Nation, held by the Secretary and
confirmed by the Jicarilla Apache Tribe Water Rights Settlement
Act (Public Law 102-441; 106 Stat. 2237), for use by the
Jicarilla Apache Nation in the southern portion of the
Jicarilla Apache Nation Reservation in the State of New Mexico.
(3) Use in excess of delivery capacity allocation quantity.--
Notwithstanding each delivery capacity allocation quantity limit
described in subparagraphs (B), (C), and (E) of paragraph (2), the
Secretary may authorize a Project Participant to exceed the
delivery capacity allocation quantity limit of that Project
Participant if--
(A) delivery capacity is available without impairing any
water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the increased
allocation of delivery capacity--
(i) has the right under applicable law to use the
additional water;
(ii) agrees to pay the operation, maintenance, and
replacement costs relating to the additional use of any
Project facility; and
(iii) agrees, if the Project title is held by the
Secretary, to pay a fee established by the Secretary to
assist in recovering capital costs relating to that
additional use.
(c) Conditions for Use in Arizona.--
(1) Requirements.--Project water shall not be delivered for use
by any community of the Nation located in the State of Arizona
under subsection (b)(2)(D) until--
(A) the Nation and the State of Arizona have entered into a
water rights settlement agreement approved by an Act of
Congress that settles and waives the Nation's claims to water
in the Lower Basin and the Little Colorado River Basin in the
State of Arizona, including those of the United States on the
Nation's behalf; and
(B) the Secretary and the Navajo Nation have entered into a
Navajo Reservoir water supply delivery contract for the
physical delivery and diversion of water via the Project from
the San Juan River system to supply uses in the State of
Arizona.
(2) Accounting of uses in arizona.--
(A) In general.--Pursuant to paragraph (1) and
notwithstanding any other provision of law, water may be
diverted by the Project from the San Juan River in the State of
New Mexico in accordance with an appropriate permit issued
under New Mexico law for use in the State of Arizona within the
Navajo Reservation in the Lower Basin; provided that any
depletion of water that results from the diversion of water by
the Project from the San Juan River in the State of New Mexico
for uses within the State of Arizona (including depletion
incidental to the diversion, impounding, or conveyance of water
in the State of New Mexico for uses in the State of Arizona)
shall be administered and accounted for as either--
(i) a part of, and charged against, the available
consumptive use apportionment made to the State of Arizona
by Article III(a) of the Compact and to the Upper Basin by
Article III(a) of the Colorado River Compact, in which case
any water so diverted by the Project into the Lower Basin
for use within the State of Arizona shall not be credited
as water reaching Lee Ferry pursuant to Article III(c) and
III(d) of the Colorado River Compact; or
(ii) subject to subparagraph (B), a part of, and
charged against, the consumptive use apportionment made to
the Lower Basin by Article III(a) of the Colorado River
Compact, in which case it shall--
(I) be a part of the Colorado River water that is
apportioned to the State of Arizona in Article II(B) of
the Consolidated Decree of the Supreme Court of the
United States in Arizona v. California (547 U.S. 150)
(as may be amended or supplemented);
(II) be credited as water reaching Lee Ferry
pursuant to Article III(c) and III(d) of the Colorado
River Compact; and
(III) be accounted as the water identified in
section 104(a)(1)(B)(ii) of the Arizona Water
Settlements Act, (118 Stat. 3478).
(B) Limitation.--Notwithstanding subparagraph (A)(ii), no
water diverted by the Project shall be accounted for pursuant
to subparagraph (A)(ii) until such time that--
(i) the Secretary has developed and, as necessary and
appropriate, modified, in consultation with the Upper
Colorado River Commission and the Governors'
Representatives on Colorado River Operations from each
State signatory to the Colorado River Compact, all
operational and decisional criteria, policies, contracts,
guidelines or other documents that control the operations
of the Colorado River System reservoirs and diversion
works, so as to adjust, account for, and offset the
diversion of water apportioned to the State of Arizona,
pursuant to the Boulder Canyon Project Act (43 U.S.C. 617
et seq.), from a point of diversion on the San Juan River
in New Mexico; provided that all such modifications shall
be consistent with the provisions of this Section, and the
modifications made pursuant to this clause shall be
applicable only for the duration of any such diversions
pursuant to section 10603(c)(2)(A)(ii); and
(ii) Article II(B) of the Decree of the Supreme Court
of the United States in Arizona v. California (547 U.S. 150
as may be amended or supplemented) is administered so that
diversions from the main stream for the Central Arizona
Project, as served under existing contracts with the United
States by diversion works heretofore constructed, shall be
limited and reduced to offset any diversions made pursuant
to section 10603(c)(2)(A)(ii) of this Act. This clause
shall not affect, in any manner, the amount of water
apportioned to Arizona pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.), or amend any
provisions of said decree or the Colorado River Basin
Project Act (43 U.S.C. 1501 et. seq.).
(3) Upper basin protections.--
(A) Consultations.--Henceforth, in any consultation
pursuant to 16 U.S.C. 1536(a) with respect to water development
in the San Juan River Basin, the Secretary shall confer with
the States of Colorado and New Mexico, consistent with the
provisions of section 5 of the ``Principles for Conducting
Endangered Species Act Section 7 Consultations on Water
Development and Water Management Activities Affecting
Endangered Fish Species in the San Juan River Basin'' as
adopted by the Coordination Committee, San Juan River Basin
Recovery Implementation Program, on June 19, 2001, and as may
be amended or modified.
(B) Preservation of existing rights.--Rights to the
consumptive use of water available to the Upper Basin from the
Colorado River System under the Colorado River Compact and the
Compact shall not be reduced or prejudiced by any use of water
pursuant to subsection 10603(c). Nothing in this Act shall be
construed so as to impair, conflict with, or otherwise change
the duties and powers of the Upper Colorado River Commission.
(d) Forbearance.--
(1) In general.--Subject to paragraphs (2) and (3), during any
year in which a shortage to the normal diversion requirement for
any use relating to the Project within the State of Arizona occurs
(as determined under section 11 of Public Law 87-483 (76 Stat.
99)), the Nation may temporarily forbear the delivery of the water
supply of the Navajo Reservoir for uses in the State of New Mexico
under the apportionments of water to the Navajo Indian Irrigation
Project and the normal diversion requirements of the Project to
allow an equivalent quantity of water to be delivered from the
Navajo Reservoir water supply for municipal and domestic uses of
the Nation in the State of Arizona under the Project.
(2) Limitation of forbearance.--The Nation may forebear the
delivery of water under paragraph (1) of a quantity not exceeding
the quantity of the shortage to the normal diversion requirement
for any use relating to the Project within the State of Arizona.
(3) Effect.--The forbearance of the delivery of water under
paragraph (1) shall be subject to the requirements in subsection
(c).
(e) Effect.--Nothing in this subtitle--
(1) authorizes the marketing, leasing, or transfer of the water
supplies made available to the Nation under the Contract to non-
Navajo water users in States other than the State of New Mexico; or
(2) authorizes the forbearance of water uses in the State of
New Mexico to allow uses of water in other States other than as
authorized under subsection (d).
(f) Colorado River Compacts.--Notwithstanding any other provision
of law--
(1) water may be diverted by the Project from the San Juan
River in the State of New Mexico for use within New Mexico in the
lower basin, as that term is used in the Colorado River Compact;
(2) any water diverted under paragraph (1) shall be a part of,
and charged against, the consumptive use apportionment made to the
State of New Mexico by Article III(a) of the Compact and to the
upper basin by Article III(a) of the Colorado River Compact; and
(3) any water so diverted by the Project into the lower basin
within the State of New Mexico shall not be credited as water
reaching Lee Ferry pursuant to Articles III(c) and III(d) of the
Colorado River Compact.
(g) Payment of Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Secretary is authorized to pay the
operation, maintenance, and replacement costs of the Project
allocable to the Project Participants under section 10604 until the
date on which the Secretary declares any section of the Project to
be substantially complete and delivery of water generated by, and
through, that section of the Project can be made to a Project
participant.
(2) Project participant payments.--Beginning on the date
described in paragraph (1), each Project Participant shall pay all
allocated operation, maintenance, and replacement costs for that
substantially completed section of the Project, in accordance with
contracts entered into pursuant to section 10604, except as
provided in section 10604(f).
(h) No Precedent.--Nothing in this Act shall be construed as
authorizing or establishing a precedent for any type of transfer of
Colorado River System water between the Upper Basin and Lower Basin.
Nor shall anything in this Act be construed as expanding the
Secretary's authority in the Upper Basin.
(i) Unique Situation.--Diversions by the Project consistent with
this section address critical tribal and non-Indian water supply needs
under unique circumstances, which include, among other things--
(1) the intent to benefit an American Indian tribe;
(2) the Navajo Nation's location in both the Upper and Lower
Basin;
(3) the intent to address critical Indian water needs in the
State of Arizona and Indian and non-Indian water needs in the State
of New Mexico,
(4) the location of the Navajo Nation's capital city of Window
Rock in the State of Arizona in close proximity to the border of
the State of New Mexico and the pipeline route for the Project;
(5) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for the
Navajo Nation at Window Rock in the State of Arizona; and
(6) the limited volume of water to be diverted by the Project
to supply municipal uses in the Window Rock area in the State of
Arizona.
(j) Consensus.--Congress notes the consensus of the Governors'
Representatives on Colorado River Operations of the States that are
signatory to the Colorado River Compact regarding the diversions
authorized for the Project under this section.
(k) Efficient Use.--The diversions and uses authorized for the
Project under this Section represent unique and efficient uses of
Colorado River apportionments in a manner that Congress has determined
would be consistent with the obligations of the United States to the
Navajo Nation.
SEC. 10604. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes that the
Hydrologic Determination necessary to support approval of the
Contract has been completed.
(2) Contract approval.--
(A) Approval.--
(i) In general.--Except to the extent that any
provision of the Contract conflicts with this subtitle,
Congress approves, ratifies, and confirms the Contract.
(ii) Amendments.--To the extent any amendment is
executed to make the Contract consistent with this
subtitle, that amendment is authorized, ratified, and
confirmed.
(B) Execution of contract.--The Secretary, acting on behalf
of the United States, shall enter into the Contract to the
extent that the Contract does not conflict with this subtitle
(including any amendment that is required to make the Contract
consistent with this subtitle).
(3) Nonreimbursability of allocated costs.--The following costs
shall be nonreimbursable and not subject to repayment by the Nation
or any other Project beneficiary:
(A) Any share of the construction costs of the Nation
relating to the Project authorized by section 10602(a).
(B) Any costs relating to the construction of the Navajo
Indian Irrigation Project that may otherwise be allocable to
the Nation for use of any facility of the Navajo Indian
Irrigation Project to convey water to each Navajo community
under the Project.
(C) Any costs relating to the construction of Navajo Dam
that may otherwise be allocable to the Nation for water
deliveries under the Contract.
(4) Operation, maintenance, and replacement obligation.--
Subject to subsection (f), the Contract shall include provisions
under which the Nation shall pay any costs relating to the
operation, maintenance, and replacement of each facility of the
Project that are allocable to the Nation.
(5) Limitation, cancellation, termination, and rescission.--The
Contract may be limited by a term of years, canceled, terminated,
or rescinded only by an Act of Congress.
(b) City of Gallup Contract.--
(1) Contract authorization.--Consistent with this subtitle, the
Secretary is authorized to enter into a repayment contract with the
City that requires the City--
(A) to repay, within a 50-year period, the share of the
construction costs of the City relating to the Project, with
interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the City.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the City to satisfy the repayment obligation of
the City for construction costs of the Project on the payment
of the share of the City prior to the initiation of
construction.
(B) Amount.--The amount of the share of the City described
in subparagraph (A) shall be determined by agreement between
the Secretary and the City.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the City pursuant to
subparagraph (A) shall be subject to a final cost allocation by
the Secretary on project completion and to the limitations set
forth in paragraph (3).
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the City and establish the percentage of
the allocated construction costs that the City shall be
required to repay pursuant to the contract entered into under
paragraph (1), based on the ability of the City to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the City shall be at least 25
percent of the construction costs of the Project that are
allocable to the City, but shall in no event exceed 35 percent.
(4) Excess construction costs.--Any construction costs of the
Project allocable to the City in excess of the repayment obligation
of the City, as determined under paragraph (3), shall be
nonreimbursable.
(5) Grant funds.--A grant from any other Federal source shall
not be credited toward the amount required to be repaid by the City
under a repayment contract.
(6) Title transfer.--If title is transferred to the City prior
to repayment under section 10602(f), the City shall be required to
provide assurances satisfactory to the Secretary of fulfillment of
the remaining repayment obligation of the City.
(7) Water delivery subcontract.--The Secretary shall not enter
into a contract under paragraph (1) with the City until the City
has secured a water supply for the City's portion of the Project
described in section 10603(b)(2)(B), by entering into, as approved
by the Secretary, a water delivery subcontract for a period of not
less than 40 years beginning on the date on which the construction
of any facility of the Project serving the City is completed,
with--
(A) the Nation, as authorized by the Contract;
(B) the Jicarilla Apache Nation, as authorized by the
settlement contract between the United States and the Jicarilla
Apache Tribe, authorized by the Jicarilla Apache Tribe Water
Rights Settlement Act (Public Law 102-441; 106 Stat. 2237); or
(C) an acquired alternate source of water, subject to
approval of the Secretary and the State of New Mexico, acting
through the New Mexico Interstate Stream Commission and the New
Mexico State Engineer.
(c) Jicarilla Apache Nation Contract.--
(1) Contract authorization.--Consistent with this subtitle, the
Secretary is authorized to enter into a repayment contract with the
Jicarilla Apache Nation that requires the Jicarilla Apache Nation--
(A) to repay, within a 50-year period, the share of any
construction cost of the Jicarilla Apache Nation relating to
the Project, with interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the Jicarilla Apache Nation.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the Jicarilla Apache Nation to satisfy the
repayment obligation of the Jicarilla Apache Nation for
construction costs of the Project on the payment of the share
of the Jicarilla Apache Nation prior to the initiation of
construction.
(B) Amount.--The amount of the share of Jicarilla Apache
Nation described in subparagraph (A) shall be determined by
agreement between the Secretary and the Jicarilla Apache
Nation.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the Jicarilla Apache Nation
pursuant to subparagraph (A) shall be subject to a final cost
allocation by the Secretary on project completion and to the
limitations set forth in paragraph (3).
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the Jicarilla Apache Nation and establish
the percentage of the allocated construction costs of the
Jicarilla Apache Nation that the Jicarilla Apache Nation shall
be required to repay based on the ability of the Jicarilla
Apache Nation to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the Jicarilla Apache Nation shall
be at least 25 percent of the construction costs of the Project
that are allocable to the Jicarilla Apache Nation, but shall in
no event exceed 35 percent.
(4) Excess construction costs.--Any construction costs of the
Project allocable to the Jicarilla Apache Nation in excess of the
repayment obligation of the Jicarilla Apache Nation as determined
under paragraph (3), shall be nonreimbursable.
(5) Grant funds.--A grant from any other Federal source shall
not be credited toward the share of the Jicarilla Apache Nation of
construction costs.
(6) Navajo indian irrigation project costs.--The Jicarilla
Apache Nation shall have no obligation to repay any Navajo Indian
Irrigation Project construction costs that might otherwise be
allocable to the Jicarilla Apache Nation for use of the Navajo
Indian Irrigation Project facilities to convey water to the
Jicarilla Apache Nation, and any such costs shall be
nonreimbursable.
(d) Capital Cost Allocations.--
(1) In general.--For purposes of estimating the capital
repayment requirements of the Project Participants under this
section, the Secretary shall review and, as appropriate, update the
Draft Impact Statement allocating capital construction costs for
the Project.
(2) Final cost allocation.--The repayment contracts entered
into with Project Participants under this section shall require
that the Secretary perform a final cost allocation when
construction of the Project is determined to be substantially
complete.
(3) Repayment obligation.--The Secretary shall determine the
repayment obligation of the Project Participants based on the final
cost allocation identifying reimbursable and nonreimbursable
capital costs of the Project consistent with this subtitle.
(e) Operation, Maintenance, and Replacement Cost Allocations.--For
purposes of determining the operation, maintenance, and replacement
obligations of the Project Participants under this section, the
Secretary shall review and, as appropriate, update the Draft Impact
Statement that allocates operation, maintenance, and replacement costs
for the Project.
(f) Temporary Waivers of Payments.--
(1) In general.--On the date on which the Secretary declares a
section of the Project to be substantially complete and delivery of
water generated by and through that section of the Project can be
made to the Nation, the Secretary may waive, for a period of not
more than 10 years, the operation, maintenance, and replacement
costs allocable to the Nation for that section of the Project that
the Secretary determines are in excess of the ability of the Nation
to pay.
(2) Subsequent payment by nation.--After a waiver under
paragraph (1), the Nation shall pay all allocated operation,
maintenance, and replacement costs of that section of the Project.
(3) Payment by united states.--Any operation, maintenance, or
replacement costs waived by the Secretary under paragraph (1) shall
be paid by the United States and shall be nonreimbursable.
(4) Effect on contracts.--Failure of the Secretary to waive
costs under paragraph (1) because of a lack of availability of
Federal funding to pay the costs under paragraph (3) shall not
alter the obligations of the Nation or the United States under a
repayment contract.
(5) Termination of authority.--The authority of the Secretary
to waive costs under paragraph (1) with respect to a Project
facility transferred to the Nation under section 10602(f) shall
terminate on the date on which the Project facility is transferred.
(g) Project Construction Committee.--The Secretary shall facilitate
the formation of a project construction committee with the Project
Participants and the State of New Mexico--
(1) to review cost factors and budgets for construction and
operation and maintenance activities;
(2) to improve construction management through enhanced
communication; and
(3) to seek additional ways to reduce overall Project costs.
SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.
(a) Use of Navajo Nation Pipeline.--In addition to use of the
Navajo Nation Municipal Pipeline to convey the Animas-La Plata Project
water of the Nation, the Nation may use the Navajo Nation Municipal
Pipeline to convey non-Animas La Plata Project water for municipal and
industrial purposes.
(b) Conveyance of Title to Pipeline.--
(1) In general.--On completion of the Navajo Nation Municipal
Pipeline, the Secretary may enter into separate agreements with the
City of Farmington, New Mexico and the Nation to convey title to
each portion of the Navajo Nation Municipal Pipeline facility or
section of the Pipeline to the City of Farmington and the Nation
after execution of a Project operations agreement approved by the
Secretary, the Nation, and the City of Farmington that sets forth
any terms and conditions that the Secretary determines are
necessary.
(2) Conveyance to the city of farmington or navajo nation.--In
conveying title to the Navajo Nation Municipal Pipeline under this
subsection, the Secretary shall convey--
(A) to the City of Farmington, the facilities and any land
or interest in land acquired by the United States for the
construction, operation, and maintenance of the Pipeline that
are located within the corporate boundaries of the City; and
(B) to the Nation, the facilities and any land or interests
in land acquired by the United States for the construction,
operation, and maintenance of the Pipeline that are located
outside the corporate boundaries of the City of Farmington.
(3) Effect of conveyance.--The conveyance of title to the
Pipeline shall not affect the application of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use of water
associated with the Animas-La Plata Project.
(4) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, 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 land,
buildings, or facilities conveyed under this subsection, other
than damages caused by acts of negligence committed by the
United States or by employees or agents of the United States
prior to the date of conveyance.
(B) Tort claims.--Nothing in this subsection increases the
liability of the United States beyond the liability provided
under chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(5) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to the Pipeline,
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, notice of the conveyance of the
Pipeline.
SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) Conjunctive Groundwater Development Plan.--Not later than 1
year after the date of enactment of this Act, the Nation, in
consultation with the Secretary, shall complete a conjunctive
groundwater development plan for the wells described in subsections (b)
and (c).
(b) Wells in the San Juan River Basin.--In accordance with the
conjunctive groundwater development plan, the Secretary may construct
or rehabilitate wells and related pipeline facilities to provide
capacity for the diversion and distribution of not more than 1,670
acre-feet of groundwater in the San Juan River Basin in the State of
New Mexico for municipal and domestic uses.
(c) Wells in the Little Colorado and Rio Grande Basins.--
(1) In general.--In accordance with the Project and conjunctive
groundwater development plan for the Nation, the Secretary may
construct or rehabilitate wells and related pipeline facilities to
provide capacity for the diversion and distribution of--
(A) not more than 680 acre-feet of groundwater in the
Little Colorado River Basin in the State of New Mexico;
(B) not more than 80 acre-feet of groundwater in the Rio
Grande Basin in the State of New Mexico; and
(C) not more than 770 acre-feet of groundwater in the
Little Colorado River Basin in the State of Arizona.
(2) Use.--Groundwater diverted and distributed under paragraph
(1) shall be used for municipal and domestic uses.
(d) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of the
wells and related pipeline facilities authorized under subsections
(b) and (c).
(2) Limitation.--Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described in
paragraph (1).
(e) Condition.--The Secretary shall not commence any construction
activity relating to the wells described in subsections (b) and (c)
until the Secretary executes the Agreement.
(f) Conveyance of Wells.--
(1) In general.--On the determination of the Secretary that the
wells and related facilities are substantially complete and
delivery of water generated by the wells can be made to the Nation,
an agreement with the Nation shall be entered into, to convey to
the Nation title to--
(A) any well or related pipeline facility constructed or
rehabilitated under subsections (a) and (b) after the wells and
related facilities have been completed; and
(B) any land or interest in land acquired by the United
States for the construction, operation, and maintenance of the
well or related pipeline facility.
(2) Operation, maintenance, and replacement.--
(A) In general.--The Secretary is authorized to pay
operation and maintenance costs for the wells and related
pipeline facilities authorized under this subsection until
title to the facilities is conveyed to the Nation.
(B) Subsequent assumption by nation.--On completion of a
conveyance of title under paragraph (1), the Nation shall
assume all responsibility for the operation and maintenance of
the well or related pipeline facility conveyed.
(3) Effect of conveyance.--The conveyance of title to the
Nation of the conjunctive use wells under paragraph (1) shall not
affect the application of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(g) Use of Project Facilities.--The capacities of the treatment
facilities, main pipelines, and lateral pipelines of the Project
authorized by section 10602(b) may be used to treat and convey
groundwater to Nation communities if the Nation provides for payment of
the operation, maintenance, and replacement costs associated with the
use of the facilities or pipelines.
(h) Limitations.--The diversion and use of groundwater by wells
constructed or rehabilitated under this section shall be made in a
manner consistent with applicable Federal and State law.
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) Rehabilitation.--Subject to subsection (b), the Secretary shall
rehabilitate--
(1) the Fruitland-Cambridge Irrigation Project to serve not
more than 3,335 acres of land, which shall be considered to be the
total serviceable area of the project; and
(2) the Hogback-Cudei Irrigation Project to serve not more than
8,830 acres of land, which shall be considered to be the total
serviceable area of the project.
(b) Condition.--The Secretary shall not commence any construction
activity relating to the rehabilitation of the Fruitland-Cambridge
Irrigation Project or the Hogback-Cudei Irrigation Project under
subsection (a) until the Secretary executes the Agreement.
(c) Operation, Maintenance, and Replacement Obligation.--The Nation
shall continue to be responsible for the operation, maintenance, and
replacement of each facility rehabilitated under this section.
SEC. 10608. OTHER IRRIGATION PROJECTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the State of New
Mexico (acting through the Interstate Stream Commission) and the Non-
Navajo Irrigation Districts that elect to participate, shall--
(1) conduct a study of Non-Navajo Irrigation District diversion
and ditch facilities; and
(2) based on the study, identify and prioritize a list of
projects, with associated cost estimates, that are recommended to
be implemented to repair, rehabilitate, or reconstruct irrigation
diversion and ditch facilities to improve water use efficiency.
(b) Grants.--The Secretary may provide grants to, and enter into
cooperative agreements with, the Non-Navajo Irrigation Districts to
plan, design, or otherwise implement the projects identified under
subsection (a)(2).
(c) Cost-Sharing.--
(1) Federal share.--The Federal share of the total cost of
carrying out a project under subsection (b) shall be not more than
50 percent, and shall be nonreimbursable.
(2) Form.--The non-Federal share required under paragraph (1)
may be in the form of in-kind contributions, including the
contribution of any valuable asset or service that the Secretary
determines would substantially contribute to a project carried out
under subsection (b).
(3) State contribution.--The Secretary may accept from the
State of New Mexico a partial or total contribution toward the non-
Federal share for a project carried out under subsection (b).
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water Supply
Project.--
(1) In general.--There is authorized to be appropriated to the
Secretary to plan, design, and construct the Project $870,000,000
for the period of fiscal years 2009 through 2024, to remain
available until expended.
(2) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of changes
since 2007 in construction costs, as indicated by engineering cost
indices applicable to the types of construction involved.
(3) Use.--In addition to the uses authorized under paragraph
(1), amounts made available under that paragraph may be used for
the conduct of related activities to comply with Federal
environmental laws.
(4) Operation and maintenance.--
(A) In general.--There are authorized to be appropriated
such sums as are necessary to operate and maintain the Project
consistent with this subtitle.
(B) Expiration.--The authorization under subparagraph (A)
shall expire 10 years after the year the Secretary declares the
Project to be substantially complete.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be appropriated to
the Secretary for the construction or rehabilitation and operation
and maintenance of conjunctive use wells under section 10606(b)
$30,000,000, as adjusted under paragraph (3), for the period of
fiscal years 2009 through 2019.
(2) Wells in the little colorado and rio grande basins.--There
are authorized to be appropriated to the Secretary for the
construction or rehabilitation and operation and maintenance of
conjunctive use wells under section 10606(c) such sums as are
necessary for the period of fiscal years 2009 through 2024.
(3) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of changes
since 2008 in construction costs, as indicated by engineering cost
indices applicable to the types of construction or rehabilitation
involved.
(4) Nonreimbursable expenditures.--Amounts made available under
paragraphs (1) and (2) shall be nonreimbursable to the United
States.
(5) Use.--In addition to the uses authorized under paragraphs
(1) and (2), amounts made available under that paragraph may be
used for the conduct of related activities to comply with Federal
environmental laws.
(6) Limitation.--Appropriations authorized under paragraph (1)
shall not be used for operation or maintenance of any conjunctive
use wells at a time in excess of 3 years after the well is declared
substantially complete.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be appropriated to the
Secretary--
(A) to carry out section 10607(a)(1), not more than
$7,700,000, as adjusted under paragraph (2), for the period of
fiscal years 2009 through 2016, to remain available until
expended; and
(B) to carry out section 10607(a)(2), not more than
$15,400,000, as adjusted under paragraph (2), for the period of
fiscal years 2009 through 2019, to remain available until
expended.
(2) Adjustment.--The amounts made available under paragraph (1)
shall be adjusted by such amounts as may be required by reason of
changes since January 1, 2004, in construction costs, as indicated
by engineering cost indices applicable to the types of construction
involved in the rehabilitation.
(3) Nonreimbursable expenditures.--Amounts made available under
this subsection shall be nonreimbursable to the United States.
(d) Other Irrigation Projects.--There are authorized to be
appropriated to the Secretary to carry out section 10608 $11,000,000
for the period of fiscal years 2009 through 2019.
(e) Cultural Resources.--
(1) In general.--The Secretary may use not more than 2 percent
of amounts made available under subsections (a), (b), and (c) for
the survey, recovery, protection, preservation, and display of
archaeological resources in the area of a Project facility or
conjunctive use well.
(2) Nonreimbursable expenditures.--Any amounts made available
under paragraph (1) shall be nonreimbursable.
(f) Fish and Wildlife Facilities.--
(1) In general.--In association with the development of the
Project, the Secretary may use not more than 4 percent of amounts
made available under subsections (a), (b), and (c) to purchase land
and construct and maintain facilities to mitigate the loss of, and
improve conditions for the propagation of, fish and wildlife if any
such purchase, construction, or maintenance will not affect the
operation of any water project or use of water.
(2) Nonreimbursable expenditures.--Any amounts expended under
paragraph (1) shall be nonreimbursable.
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 10701. AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except to the extent that any
provision of the Agreement conflicts with this subtitle, Congress
approves, ratifies, and confirms the Agreement (including any
amendments to the Agreement that are executed to make the Agreement
consistent with this subtitle).
(2) Execution by secretary.--The Secretary shall enter into the
Agreement to the extent that the Agreement does not conflict with
this subtitle, including--
(A) any exhibits to the Agreement requiring the signature
of the Secretary; and
(B) any amendments to the Agreement necessary to make the
Agreement consistent with this subtitle.
(3) Authority of secretary.--The Secretary may carry out any
action that the Secretary determines is necessary or appropriate to
implement the Agreement, the Contract, and this section.
(4) Administration of navajo reservoir releases.--The State of
New Mexico may administer water that has been released from storage
in Navajo Reservoir in accordance with subparagraph 9.1 of the
Agreement.
(b) Water Available Under Contract.--
(1) Quantities of water available.--
(A) In general.--Water shall be made available annually
under the Contract for projects in the State of New Mexico
supplied from the Navajo Reservoir and the San Juan River
(including tributaries of the River) under New Mexico State
Engineer File Numbers 2849, 2883, and 3215 in the quantities
described in subparagraph (B).
(B) Water quantities.--The quantities of water referred to
in subparagraph (A) are as follows:
------------------------------------------------------------------------
Diversion Depletion
(acre- (acre-
feet/ feet/
year) year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project 508,000 270,000
Navajo-Gallup Water Supply Project 22,650 20,780
Animas-La Plata Project 4,680 2,340
Total 535,330 293,120
------------------------------------------------------------------------
(C) Maximum quantity.--A diversion of water to the Nation
under the Contract for a project described in subparagraph (B)
shall not exceed the quantity of water necessary to supply the
amount of depletion for the project.
(D) Terms, conditions, and limitations.--The diversion and
use of water under the Contract shall be subject to and
consistent with the terms, conditions, and limitations of the
Agreement, this subtitle, and any other applicable law.
(2) Amendments to contract.--The Secretary, with the consent of
the Nation, may amend the Contract if the Secretary determines that
the amendment is--
(A) consistent with the Agreement; and
(B) in the interest of conserving water or facilitating
beneficial use by the Nation or a subcontractor of the Nation.
(3) Rights of the nation.--The Nation may, under the Contract--
(A) use tail water, wastewater, and return flows
attributable to a use of the water by the Nation or a
subcontractor of the Nation if--
(i) the depletion of water does not exceed the
quantities described in paragraph (1); and
(ii) the use of tail water, wastewater, or return flows
is consistent with the terms, conditions, and limitations
of the Agreement, and any other applicable law; and
(B) change a point of diversion, change a purpose or place
of use, and transfer a right for depletion under this subtitle
(except for a point of diversion, purpose or place of use, or
right for depletion for use in the State of Arizona under
section 10603(b)(2)(D)), to another use, purpose, place, or
depletion in the State of New Mexico to meet a water resource
or economic need of the Nation if--
(i) the change or transfer is subject to and consistent
with the terms of the Agreement, the Partial Final Decree
described in paragraph 3.0 of the Agreement, the Contract,
and any other applicable law; and
(ii) a change or transfer of water use by the Nation
does not alter any obligation of the United States, the
Nation, or another party to pay or repay project
construction, operation, maintenance, or replacement costs
under this subtitle and the Contract.
(c) Subcontracts.--
(1) In general.--
(A) Subcontracts between nation and third parties.--The
Nation may enter into subcontracts for the delivery of Project
water under the Contract to third parties for any beneficial
use in the State of New Mexico (on or off land held by the
United States in trust for the Nation or a member of the Nation
or land held in fee by the Nation).
(B) Approval required.--A subcontract entered into under
subparagraph (A) shall not be effective until approved by the
Secretary in accordance with this subsection and the Contract.
(C) Submittal.--The Nation shall submit to the Secretary
for approval or disapproval any subcontract entered into under
this subsection.
(D) Deadline.--The Secretary shall approve or disapprove a
subcontract submitted to the Secretary under subparagraph (C)
not later than the later of--
(i) the date that is 180 days after the date on which
the subcontract is submitted to the Secretary; and
(ii) the date that is 60 days after the date on which a
subcontractor complies with--
(I) section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and
(II) any other requirement of Federal law.
(E) Enforcement.--A party to a subcontract may enforce the
deadline described in subparagraph (D) under section 1361 of
title 28, United States Code.
(F) Compliance with other law.--A subcontract described in
subparagraph (A) shall comply with the Agreement, the Partial
Final Decree described in paragraph 3.0 of the Agreement, and
any other applicable law.
(G) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(2) Alienation.--
(A) Permanent alienation.--The Nation shall not permanently
alienate any right granted to the Nation under the Contract.
(B) Maximum term.--The term of any water use subcontract
(including a renewal) under this subsection shall be not more
than 99 years.
(3) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may be
imposed by section 2116 of the Revised Statutes (25 U.S.C.
177).
(4) Forfeiture.--The nonuse of the water supply secured by a
subcontractor of the Nation under this subsection shall not result
in forfeiture, abandonment, relinquishment, or other loss of any
part of a right decreed to the Nation under the Contract or this
section.
(5) No per capita payments.--No part of the revenue from a
water use subcontract under this subsection shall be distributed to
any member of the Nation on a per capita basis.
(d) Water Leases Not Requiring Subcontracts.--
(1) Authority of nation.--
(A) In general.--The Nation may lease, contract, or
otherwise transfer to another party or to another purpose or
place of use in the State of New Mexico (on or off land that is
held by the United States in trust for the Nation or a member
of the Nation or held in fee by the Nation) a water right
that--
(i) is decreed to the Nation under the Agreement; and
(ii) is not subject to the Contract.
(B) Compliance with other law.--In carrying out an action
under this subsection, the Nation shall comply with the
Agreement, the Partial Final Decree described in paragraph 3.0
of the Agreement, the Supplemental Partial Final Decree
described in paragraph 4.0 of the Agreement, and any other
applicable law.
(2) Alienation; maximum term.--
(A) Alienation.--The Nation shall not permanently alienate
any right granted to the Nation under the Agreement.
(B) Maximum term.--The term of any water use lease,
contract, or other arrangement (including a renewal) under this
subsection shall be not more than 99 years.
(3) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or other
detriment resulting from, a lease, contract, or other agreement
entered into pursuant to this subsection.
(4) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the lease,
contracting, and transfer of any water right described in
paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may be
imposed by the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
(5) Forfeiture.--The nonuse of a water right of the Nation by a
lessee or contractor to the Nation under this subsection shall not
result in forfeiture, abandonment, relinquishment, or other loss of
any part of a right decreed to the Nation under the Contract or
this section.
(e) Nullification.--
(1) Deadlines.--
(A) In general.--In carrying out this section, the
following deadlines apply with respect to implementation of the
Agreement:
(i) Agreement.--Not later than December 31, 2010, the
Secretary shall execute the Agreement.
(ii) Contract.--Not later than December 31, 2010, the
Secretary and the Nation shall execute the Contract.
(iii) Partial final decree.--Not later than December
31, 2013, the court in the stream adjudication shall have
entered the Partial Final Decree described in paragraph 3.0
of the Agreement.
(iv) Fruitland-cambridge irrigation project.--Not later
than December 31, 2016, the rehabilitation construction of
the Fruitland-Cambridge Irrigation Project authorized under
section 10607(a)(1) shall be completed.
(v) Supplemental partial final decree.--Not later than
December 31, 2016, the court in the stream adjudication
shall enter the Supplemental Partial Final Decree described
in subparagraph 4.0 of the Agreement.
(vi) Hogback-cudei irrigation project.--Not later than
December 31, 2019, the rehabilitation construction of the
Hogback-Cudei Irrigation Project authorized under section
10607(a)(2) shall be completed.
(vii) Trust fund.--Not later than December 31, 2019,
the United States shall make all deposits into the Trust
Fund under section 10702.
(viii) Conjunctive wells.--Not later than December 31,
2019, the funds authorized to be appropriated under section
10609(b)(1) for the conjunctive use wells authorized under
section 10606(b) should be appropriated.
(ix) Navajo-gallup water supply project.--Not later
than December 31, 2024, the construction of all Project
facilities shall be completed.
(B) Extension.--A deadline described in subparagraph (A)
may be extended if the Nation, the United States (acting
through the Secretary), and the State of New Mexico (acting
through the New Mexico Interstate Stream Commission) agree that
an extension is reasonably necessary.
(2) Revocability of agreement, contract and authorizations.--
(A) Petition.--If the Nation determines that a deadline
described in paragraph (1)(A) is not substantially met, the
Nation may submit to the court in the stream adjudication a
petition to enter an order terminating the Agreement and
Contract.
(B) Termination.--On issuance of an order to terminate the
Agreement and Contract under subparagraph (A)--
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be deposited
in the general fund of the Treasury;
(iii) the authorizations for construction and
rehabilitation of water projects under this subtitle shall
be revoked and any Federal activity related to that
construction and rehabilitation shall be suspended; and
(iv) this part and parts I and III shall be null and
void.
(3) Conditions not causing nullification of settlement.--
(A) In general.--If a condition described in subparagraph
(B) occurs, the Agreement and Contract shall not be nullified
or terminated.
(B) Conditions.--The conditions referred to in subparagraph
(A) are as follows:
(i) A lack of right to divert at the capacities of
conjunctive use wells constructed or rehabilitated under
section 10606.
(ii) A failure--
(I) to determine or resolve an accounting of the
use of water under this subtitle in the State of
Arizona;
(II) to obtain a necessary water right for the
consumptive use of water in Arizona;
(III) to contract for the delivery of water for use
in Arizona; or
(IV) to construct and operate a lateral facility to
deliver water to a community of the Nation in Arizona,
under the Project.
(f) Effect on Rights of Indian Tribes.--
(1) In general.--Except as provided in paragraph (2), nothing
in the Agreement, the Contract, or this section quantifies or
adversely affects the land and water rights, or claims or
entitlements to water, of any Indian tribe or community other than
the rights, claims, or entitlements of the Nation in, to, and from
the San Juan River Basin in the State of New Mexico.
(2) Exception.--The right of the Nation to use water under
water rights the Nation has in other river basins in the State of
New Mexico shall be forborne to the extent that the Nation supplies
the uses for which the water rights exist by diversions of water
from the San Juan River Basin under the Project consistent with
subparagraph 9.13 of the Agreement.
SEC. 10702. TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Navajo Nation Water Resources Development Trust
Fund'', consisting of--
(1) such amounts as are appropriated to the Trust Fund under
subsection (f); and
(2) any interest earned on investment of amounts in the Trust
Fund under subsection (d).
(b) Use of Funds.--The Nation may use amounts in the Trust Fund--
(1) to investigate, construct, operate, maintain, or replace
water project facilities, including facilities conveyed to the
Nation under this subtitle and facilities owned by the United
States for which the Nation is responsible for operation,
maintenance, and replacement costs; and
(2) to investigate, implement, or improve a water conservation
measure (including a metering or monitoring activity) necessary for
the Nation to make use of a water right of the Nation under the
Agreement.
(c) Management.--The Secretary shall manage the Trust Fund, invest
amounts in the Trust Fund pursuant to subsection (d), and make amounts
available from the Trust Fund for distribution to the Nation in
accordance with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(d) Investment of the Trust Fund.--Beginning on October 1, 2019,
the Secretary shall invest amounts in the Trust Fund in accordance
with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25 U.S.C.
162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) Conditions for Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--Subject to paragraph (7), on approval by
the Secretary of a tribal management plan in accordance with
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Nation may withdraw all or a
portion of the amounts in the Trust Fund.
(B) Requirements.--In addition to any requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Nation only use amounts in the Trust Fund for
the purposes described in subsection (b), including the
identification of water conservation measures to be implemented
in association with the agricultural water use of the Nation.
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the Trust
Fund are used in accordance with this subtitle.
(3) No liability.--Neither the Secretary nor the Secretary of
the Treasury shall be liable for the expenditure or investment of
any amounts withdrawn from the Trust Fund by the Nation.
(4) Expenditure plan.--
(A) In general.--The Nation shall submit to the Secretary
for approval an expenditure plan for any portion of the amounts
in the Trust Fund made available under this section that the
Nation does not withdraw under this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, funds of the
Nation remaining in the Trust Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and consistent
with this subtitle.
(5) Annual report.--The Nation shall submit to the Secretary an
annual report that describes any expenditures from the Trust Fund
during the year covered by the report.
(6) Limitation.--No portion of the amounts in the Trust Fund
shall be distributed to any Nation member on a per capita basis.
(7) Conditions.--Any amount authorized to be appropriated to
the Trust Fund under subsection (f) shall not be available for
expenditure or withdrawal--
(A) before December 31, 2019; and
(B) until the date on which the court in the stream
adjudication has entered--
(i) the Partial Final Decree; and
(ii) the Supplemental Partial Final Decree.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for deposit in the Trust Fund--
(1) $6,000,000 for each of fiscal years 2010 through 2014; and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
SEC. 10703. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States.--In return for
recognition of the Nation's water rights and other benefits, including
but not limited to the commitments by other parties, as set forth in
the Agreement and this subtitle, the Nation, on behalf of itself and
members of the Nation (other than members in the capacity of the
members as allottees), and the United States acting in its capacity as
trustee for the Nation, shall execute a waiver and release of--
(1) all claims for water rights in, or for waters of, the San
Juan River Basin in the State of New Mexico that the Nation, or the
United States as trustee for the Nation, asserted, or could have
asserted, in any proceeding, including but not limited to the
stream adjudication, up to and including the effective date
described in subsection (e), except to the extent that such rights
are recognized in the Agreement or this subtitle;
(2) all claims for damages, losses, or injuries to water rights
or claims of interference with, diversion, or taking of water
(including but not limited to claims for injury to lands resulting
from such damages, losses, injuries, interference with, diversion,
or taking) in the San Juan River Basin in the State of New Mexico
that accrued at any time up to and including the effective date
described in subsection (e);
(3) all claims of any damage, loss, or injury or for injunctive
or other relief because of the condition of or changes in water
quality related to, or arising out of, the exercise of water
rights; and
(4) all claims against the State of New Mexico, its agencies,
or employees relating to the negotiation or the adoption of the
Agreement.
(b) Claims by the Nation Against the United States.--The Nation, on
behalf of itself and its members (other than in the capacity of the
members as allottees), shall execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters of the
San Juan River Basin in the State of New Mexico that the United
States, acting in its capacity as trustee for the Nation, asserted,
or could have asserted, in any proceeding, including but not
limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water, water
rights, land, or natural resources due to loss of water or water
rights (including but not limited to damages, losses, or injuries
to hunting, fishing, gathering, or cultural rights due to loss of
water or water rights; claims relating to inference with,
diversion, or taking of water or water rights; or claims relating
to failure to protect, acquire, replace, or develop water or water
rights) in the San Juan River Basin in the State of New Mexico that
first accrued at any time up to and including the effective date
described in subsection (e);
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims relating to
the Nation's water rights in the stream adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the adoption
of the Agreement, the decrees, the Contract, or this subtitle.
(c) Reservation of Claims.--Notwithstanding the waivers and
releases authorized in this subtitle, the Nation on behalf of itself
and its members (including members in the capacity of the members as
allottees) and the United States acting in its capacity as trustee for
the Nation and allottees, retain--
(1) all claims for water rights or injuries to water rights
arising out of activities occurring outside the San Juan River
Basin in the State of New Mexico, subject to paragraphs 8.0, 9.3,
9.12, 9.13, and 13.9 of the Agreement;
(2) all claims for enforcement of the Agreement, the Contract,
the Partial Final Decree, the Supplemental Partial Final Decree, or
this subtitle, through any legal and equitable remedies available
in any court of competent jurisdiction;
(3) all rights to use and protect water rights acquired
pursuant to State law after the date of enactment of this Act;
(4) all claims relating to activities affecting the quality of
water not related to the exercise of water rights, including but
not limited to any claims the Nation might have under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(5) all claims relating to damages, losses, or injuries to land
or natural resources not due to loss of water or water rights; and
(6) all rights, remedies, privileges, immunities, and powers
not specifically waived and released under the terms of the
Agreement or this subtitle.
(d) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and time-
based equitable defense relating to a claim described in this
section shall be tolled for the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) Effect of subsection.--Nothing in this subsection revives
any claim or tolls any period of limitation or time-based equitable
defense that expired before the date of enactment of this Act.
(3) Limitation.--Nothing in this section precludes the tolling
of any period of limitations or any time-based equitable defense
under any other applicable law.
(e) Effective Date.--
(1) In general.--The waivers and releases described in
subsections (a) and (b) shall be effective on the date on which the
Secretary publishes in the Federal Register a statement of findings
documenting that each of the deadlines described in section
10701(e)(1) have been met.
(2) Deadline.--If the deadlines described in section
10701(e)(1)(A) have not been met by the later of March 1, 2025, or
the date of any extension under section 10701(e)(1)(B)--
(A) the waivers and releases described in subsections (a)
and (b) shall be of no effect; and
(B) section 10701(e)(2)(B) shall apply.
SEC. 10704. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph 3.0 of
the Partial Final Decree and in paragraph 3.0 of the Supplemental
Partial Final Decree shall be held in trust by the United States on
behalf of the Nation.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
SEC. 10801. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in accordance with
the trust responsibility of the United States to Indian tribes, to
promote Indian self-determination and economic self-sufficiency and
to settle Indian water rights claims without lengthy and costly
litigation, if practicable;
(2) quantifying rights to water and development of facilities
needed to use tribal water supplies is essential to the development
of viable Indian reservation economies and the establishment of a
permanent reservation homeland;
(3) uncertainty concerning the extent of the Shoshone-Paiute
Tribes' water rights has resulted in limited access to water and
inadequate financial resources necessary to achieve self-
determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all tribal
claims to water rights in the Snake River Basin Adjudication
through a consent decree entered by the District Court of the Fifth
Judicial District of the State of Idaho, requiring no further
Federal action to quantify the Tribes' water rights in the State of
Idaho;
(5) as of the date of enactment of this Act, proceedings to
determine the extent and nature of the water rights of the Tribes
in the East Fork of the Owyhee River in Nevada are pending before
the Nevada State Engineer;
(6) final resolution of the Tribes' water claims in the East
Fork of the Owyhee River adjudication will--
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to water,
with economic and social consequences;
(D) prolong uncertainty relating to the availability of
water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State, and
the upstream water users have entered into a settlement agreement
to resolve permanently all water rights of the Tribes in the State;
and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
SEC. 10802. PURPOSES.
The purposes of this subtitle are--
(1) to resolve outstanding issues with respect to the East Fork
of the Owyhee River in the State in such a manner as to provide
important benefits to--
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of all
claims of the Tribes, members of the Tribes, and the United States
on behalf of the Tribes and members of Tribes to the waters of the
East Fork of the Owyhee River in the State;
(3) to ratify and provide for the enforcement of the Agreement
among the parties to the litigation;
(4) to resolve the Tribes' water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of the
Secretary under the Agreement and this subtitle; and
(6) to authorize the actions and appropriations necessary to
meet the obligations of the United States under the Agreement and
this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled the ``Agreement to Establish the Relative Water Rights of
the Shoshone-Paiute Tribes of the Duck Valley Reservation and the
Upstream Water Users, East Fork Owyhee River'' and signed in
counterpart between, on, or about September 22, 2006, and January
15, 2007 (including all attachments to that Agreement).
(2) Development fund.--The term ``Development Fund'' means the
Shoshone-Paiute Tribes Water Rights Development Fund established by
section 10807(b)(1).
(3) East fork of the owyhee river.--The term ``East Fork of the
Owyhee River'' means the portion of the east fork of the Owyhee
River that is located in the State.
(4) Maintenance fund.--The term ``Maintenance Fund'' means the
Shoshone-Paiute Tribes Operation and Maintenance Fund established
by section 10807(c)(1).
(5) Reservation.--The term ``Reservation'' means the Duck
Valley Reservation established by the Executive order dated April
16, 1877, as adjusted pursuant to the Executive order dated May 4,
1886, and Executive order numbered 1222 and dated July 1, 1910, for
use and occupation by the Western Shoshones and the Paddy Cap Band
of Paiutes.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) Tribal water rights.--The term ``tribal water rights''
means rights of the Tribes described in the Agreement relating to
water, including groundwater, storage water, and surface water.
(9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) Upstream water user.--The term ``upstream water user''
means a non-Federal water user that--
(A) is located upstream from the Reservation on the East
Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to the East
Fork of the Owyhee River adjudication.
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT;
AUTHORIZATION.
(a) In General.--Except as provided in subsection (c) and except to
the extent that the Agreement otherwise conflicts with provisions of
this subtitle, the Agreement is approved, ratified, and confirmed.
(b) Secretarial Authorization.--The Secretary is authorized and
directed to execute the Agreement as approved by Congress.
(c) Exception for Tribal Water Marketing.--Notwithstanding any
language in the Agreement to the contrary, nothing in this subtitle
authorizes the Tribes to use or authorize others to use tribal water
rights off the Reservation, other than use for storage at Wild Horse
Reservoir for use on tribal land and for the allocation of 265 acre
feet to upstream water users under the Agreement, or use on tribal land
off the Reservation.
(d) Environmental Compliance.--Execution of the Agreement by the
Secretary under this section shall not constitute major Federal action
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
The Secretary shall carry out all environmental compliance required by
Federal law in implementing the Agreement.
(e) Performance of Obligations.--The Secretary and any other head
of a Federal agency obligated under the Agreement shall perform actions
necessary to carry out an obligation under the Agreement in accordance
with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
(a) In General.--Tribal water rights shall be held in trust by the
United States for the benefit of the Tribes.
(b) Administration.--
(1) Enactment of water code.--Not later than 3 years after the
date of enactment of this Act, the Tribes, in accordance with
provisions of the Tribes' constitution and subject to the approval
of the Secretary, shall enact a water code to administer tribal
water rights.
(2) Interim administration.--The Secretary shall regulate the
tribal water rights during the period beginning on the date of
enactment of this Act and ending on the date on which the Tribes
enact a water code under paragraph (1).
(c) Tribal Water Rights Not Subject to Loss.--The tribal water
rights shall not be subject to loss by abandonment, forfeiture, or
nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) Status of the Duck Valley Indian Irrigation Project.--Nothing
in this subtitle shall affect the status of the Duck Valley Indian
Irrigation Project under Federal law.
(b) Capital Costs Nonreimbursable.--The capital costs associated
with the Duck Valley Indian Irrigation Project as of the date of
enactment of this Act, including any capital cost incurred with funds
distributed under this subtitle for the Duck Valley Indian Irrigation
Project, shall be nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
(a) Definition of Funds.--In this section, the term ``Funds''
means--
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) Development Fund.--
(1) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Shoshone-Paiute Tribes
Water Rights Development Fund''.
(2) Use of funds.--
(A) Priority use of funds for rehabilitation.--The Tribes
shall use amounts in the Development Fund to--
(i) rehabilitate the Duck Valley Indian Irrigation
Project; or
(ii) for other purposes under subparagraph (B),
provided that the Tribes have given written notification to
the Secretary that--
(I) the Duck Valley Indian Irrigation Project has
been rehabilitated to an acceptable condition; or
(II) sufficient funds will remain available from
the Development Fund to rehabilitate the Duck Valley
Indian Irrigation Project to an acceptable condition
after expending funds for other purposes under
subparagraph (B).
(B) Other uses of funds.--Once the Tribes have provided
written notification as provided in subparagraph (A)(ii)(I) or
(A)(ii)(II), the Tribes may use amounts from the Development
Fund for any of the following purposes:
(i) To expand the Duck Valley Indian Irrigation
Project.
(ii) To pay or reimburse costs incurred by the Tribes
in acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife habitat.
(v) For fish or wildlife production, water resource
development, or agricultural development.
(vi) For water resource planning and development.
(vii) To pay the costs of--
(I) designing and constructing water supply and
sewer systems for tribal communities, including a water
quality testing laboratory;
(II) other appropriate water-related projects and
other related economic development projects;
(III) the development of a water code; and
(IV) other costs of implementing the Agreement.
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary for deposit in the Development Fund
$9,000,000 for each of fiscal years 2010 through 2014.
(c) Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Shoshone-Paiute Tribes
Operation and Maintenance Fund''.
(2) Use of funds.--The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for--
(A) operation, maintenance, and replacement costs of the
Duck Valley Indian Irrigation Project and other water-related
projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of water
supply and sewer systems for tribal communities, including the
operation and maintenance costs of a water quality testing
laboratory.
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary for deposit in the Maintenance Fund
$3,000,000 for each of fiscal years 2010 through 2014.
(d) Availability of Amounts From Funds.--Amounts made available
under subsections (b)(3) and (c)(3) shall be available for expenditure
or withdrawal only after the effective date described in section
10808(d).
(e) Administration of Funds.--Upon completion of the actions
described in section 10808(d), the Secretary, in accordance with the
American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.) shall manage the Funds, including by investing amounts
from the Funds in accordance with the Act of April 1, 1880 (25 U.S.C.
161), and the first section of the Act of June 24, 1938 (25 U.S.C.
162a).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribes may withdraw all or part of
amounts in the Funds on approval by the Secretary of a tribal
management plan as described in the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Tribes spend any amounts withdrawn from the
Funds in accordance with the purposes described in subsection
(b)(2) or (c)(2).
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Funds under the plan are used in accordance with this subtitle
and the Agreement.
(D) Liability.--If the Tribes exercise the right to
withdraw amounts from the Funds, neither the Secretary nor the
Secretary of the Treasury shall retain any liability for the
expenditure or investment of the amounts.
(2) Expenditure plan.--
(A) In general.--The Tribes shall submit to the Secretary
for approval an expenditure plan for any portion of the amounts
in the Funds that the Tribes do not withdraw under the tribal
management plan.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts of the
Tribes remaining in the Funds will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and consistent
with this subtitle and the Agreement.
(D) Annual report.--For each Fund, the Tribes shall submit
to the Secretary an annual report that describes all
expenditures from the Fund during the year covered by the
report.
(3) Funding agreement.--Notwithstanding any other provision of
this subtitle, on receipt of a request from the Tribes, the
Secretary shall include an amount from funds made available under
this section in the funding agreement of the Tribes under title IV
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 458aa et seq.), for use in accordance with subsections
(b)(2) and (c)(2). No amount made available under this subtitle may
be requested until the waivers under section 10808(a) take effect.
(g) No Per Capita Payments.--No amount from the Funds (including
any interest income that would have accrued to the Funds after the
effective date) shall be distributed to a member of the Tribes on a per
capita basis.
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims by Tribes and United States Acting
as Trustee for Tribes.--In return for recognition of the Tribes' water
rights and other benefits as set forth in the Agreement and this
subtitle, the Tribes, on behalf of themselves and their members, and
the United States acting in its capacity as trustee for the Tribes are
authorized to execute a waiver and release of--
(1) all claims for water rights in the State of Nevada that the
Tribes, or the United States acting in its capacity as trustee for
the Tribes, asserted, or could have asserted, in any proceeding,
including pending proceedings before the Nevada State Engineer to
determine the extent and nature of the water rights of the Tribes
in the East Fork of the Owyhee River in Nevada, up to and including
the effective date, except to the extent that such rights are
recognized in the Agreement or this subtitle; and
(2) all claims for damages, losses or injuries to water rights
or claims of interference with, diversion or taking of water rights
(including claims for injury to lands resulting from such damages,
losses, injuries, interference with, diversion, or taking of water
rights) within the State of Nevada that accrued at any time up to
and including the effective date.
(b) Waiver and Release of Claims by Tribes Against United States.--
The Tribes, on behalf of themselves and their members, are authorized
to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights in or
water of the States of Nevada and Idaho that the United States
acting in its capacity as trustee for the Tribes asserted, or could
have asserted, in any proceeding, including pending proceedings
before the Nevada State Engineer to determine the extent and nature
of the water rights of the Tribes in the East Fork of the Owyhee
River in Nevada, and the Snake River Basin Adjudication in Idaho;
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or injuries to
water, water rights, land, or other resources due to loss of water
or water rights (including damages, losses or injuries to fishing
and other similar rights due to loss of water or water rights;
claims relating to interference with, diversion or taking of water;
or claims relating to failure to protect, acquire, replace, or
develop water, water rights or water infrastructure) within the
States of Nevada and Idaho that first accrued at any time up to and
including the effective date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or rehabilitation
of the Duck Valley Indian Irrigation Project that first accrued at
any time up to and including the date upon which the Tribes notify
the Secretary as provided in section 10807(b)(2)(A)(ii)(I) that the
rehabilitation of the Duck Valley Indian Irrigation Project under
this subtitle to an acceptable level has been accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes' water rights in pending proceedings before
the Nevada State Engineer to determine the extent and nature of the
water rights of the Tribes in the East Fork of the Owyhee River in
Nevada or the Snake River Basin Adjudication in Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation, execution, or
adoption of the Agreement, exhibits thereto, the decree referred to
in subsection (d)(2), or this subtitle.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this subtitle, the Tribes on
their own behalf and the United States acting in its capacity as
trustee for the Tribes retain--
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through such
legal and equitable remedies as may be available in the decree
court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the same
extent as any other entity in the State, in accordance with State
law, and to use and protect water rights acquired after the date of
enactment of this Act;
(3) all claims relating to activities affecting the quality of
water including any claims the Tribes might have under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages
to natural resources), the Safe Drinking Water Act (42 U.S.C. 300f
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), and the regulations implementing those Acts; and
(4) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this subtitle.
(d) Effective Date.--Notwithstanding anything in the Agreement to
the contrary, the waivers by the Tribes, or the United States on behalf
of the Tribes, under this section shall take effect on the date on
which the Secretary publishes in the Federal Register a statement of
findings that includes a finding that--
(1) the Agreement and the waivers and releases authorized and
set forth in subsections (a) and (b) have been executed by the
parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County, Nevada,
has issued a judgment and decree consistent with the Agreement from
which no further appeal can be taken; and
(3) the amounts authorized under subsections (b)(3) and (c)(3)
of section 10807 have been appropriated.
(e) Failure To Publish Statement of Findings.--If the Secretary
does not publish a statement of findings under subsection (d) by March
31, 2016--
(1) the Agreement and this subtitle shall not take effect; and
(2) any funds that have been appropriated under this subtitle
shall immediately revert to the general fund of the United States
Treasury.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and time-
based equitable defense relating to a claim described in this
section shall be tolled for the period beginning on the date of
enactment of this Act and ending on the date on which the amounts
authorized to be appropriated under subsections (b)(3) and (c)(3)
of section 10807 are appropriated.
(2) Effect of subparagraph.--Nothing in this subparagraph
revives any claim or tolls any period of limitation or time-based
equitable defense that expired before the date of enactment of this
Act.
SEC. 10809. MISCELLANEOUS.
(a) General Disclaimer.--The parties to the Agreement expressly
reserve all rights not specifically granted, recognized, or
relinquished by--
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) Limitation of Claims and Rights.--Nothing in this subtitle--
(1) establishes a standard for quantifying--
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe in a
judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law, including
any laws relating to health, safety, or the environment, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.) (commonly known as the ``Resource
Conservation and Recovery Act of 1976''), and the regulations
implementing those Acts;
(3) affects the ability of the United States to take actions,
acting in its capacity as trustee for any other Tribe, Pueblo, or
allottee;
(4) waives any claim of a member of the Tribes in an individual
capacity that does not derive from a right of the Tribes; or
(5) limits the right of a party to the Agreement to litigate
any issue not resolved by the Agreement or this subtitle.
(c) Admission Against Interest.--Nothing in this subtitle
constitutes an admission against interest by a party in any legal
proceeding.
(d) Reservation.--The Reservation shall be--
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for the sole
use and benefit of the Tribes.
(e) Jurisdiction.--
(1) Subject matter jurisdiction.--Nothing in the Agreement or
this subtitle restricts, enlarges, or otherwise determines the
subject matter jurisdiction of any Federal, State, or tribal court.
(2) Civil or regulatory jurisdiction.--Nothing in the Agreement
or this subtitle impairs or impedes the exercise of any civil or
regulatory authority of the United States, the State, or the
Tribes.
(3) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
(4) Effect of subsection.--Nothing in this subsection confers
jurisdiction on any State court to--
(A) interpret Federal law regarding the health, safety, or
the environment or determine the duties of the United States or
other parties pursuant to such Federal law; or
(B) conduct judicial review of a Federal agency action.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT OF
1992.
(a) Findings.--Section 2(a) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the national
cooperative geologic mapping program in 1992, no modern, digital,
geologic map exists for approximately 75 percent of the United
States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland and''
after ``planning for'';
(B) in subparagraph (E), by striking ``predicting'' and
inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after the
semicolon at the end;
(D) by redesignating subparagraph (J) as subparagraph (K);
and
(E) by inserting after subparagraph (I) the following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and inserting
``available''.
(b) Purpose.--Section 2(b) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31a(b)) is amended by inserting ``and management''
before the period at the end.
(c) Deadlines for Actions by the United States Geological Survey.--
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C.
31c(b)(1)) is amended in the second sentence--
(1) in subparagraph (A), by striking ``not later than'' and all
that follows through the semicolon and inserting ``not later than 1
year after the date of enactment of the Omnibus Public Land
Management Act of 2009;'';
(2) in subparagraph (B), by striking ``not later than'' and all
that follows through ``in accordance'' and inserting ``not later
than 1 year after the date of enactment of the Omnibus Public Land
Management Act of 2009 in accordance''; and
(3) in the matter preceding clause (i) of subparagraph (C), by
striking ``not later than'' and all that follows through ``submit''
and inserting ``submit biennially''.
(d) Geologic Mapping Program Objectives.--Section 4(c)(2) of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is
amended--
(1) by striking ``geophysical-map data base, geochemical-map
data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
(e) Geologic Mapping Program Components.--Section 4(d)(1)(B)(ii) of
the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii))
is amended--
(1) in subclause (I), by striking ``and'' after the semicolon
at the end;
(2) in subclause (II), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land management agencies of
the Department of the Interior.''.
(f) Geologic Mapping Advisory Committee.--
(1) Membership.--Section 5(a) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(a)) is amended--
(A) in paragraph (2)--
(i) by inserting ``the Secretary of the Interior or a
designee from a land management agency of the Department of
the Interior,'' after ``Administrator of the Environmental
Protection Agency or a designee,'';
(ii) by inserting ``and'' after ``Energy or a
designee,''; and
(iii) by striking ``, and the Assistant to the
President for Science and Technology or a designee''; and
(B) in paragraph (3)--
(i) by striking ``Not later than'' and all that follows
through ``consultation'' and inserting ``In consultation'';
(ii) by striking ``Chief Geologist, as Chairman'' and
inserting ``Associate Director for Geology, as Chair''; and
(iii) by striking ``one representative from the private
sector'' and inserting ``2 representatives from the private
sector''.
(2) Duties.--Section 5(b) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31d(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps (including
maps of geologic-based hazards) used or disseminated by Federal
agencies for regulation or land-use planning; and''.
(3) Conforming amendment.--Section 5(a)(1) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by
striking ``10-member'' and inserting ``11-member''.
(g) Functions of National Geologic-Map Database.--Section 7(a) of
the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is
amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by the
National Cooperative Geologic Mapping Program, including under
the Federal, State, and education components;''.
(h) Biennial Report.--Section 8 of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31g) is amended by striking ``Not later'' and
all that follows through ``biennially'' and inserting ``Not later than
3 years after the date of enactment of the Omnibus Public Land
Management Act of 2009 and biennially''.
(i) Authorization of Appropriations; Allocation.--Section 9 of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this Act $64,000,000 for each of fiscal years 2009 through 2018.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and inserting
``50''; and
(C) in paragraph (2), by striking 2 and inserting ``4''.
SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Geological Survey (referred to in this
section as the ``Secretary''), in coordination with the State of New
Mexico (referred to in this section as the ``State'') and any other
entities that the Secretary determines to be appropriate (including
other Federal agencies and institutions of higher education), shall, in
accordance with this section and any other applicable law, conduct a
study of water resources in the State, including--
(1) a survey of groundwater resources, including an analysis
of--
(A) aquifers in the State, including the quantity of water
in the aquifers;
(B) the availability of groundwater resources for human
use;
(C) the salinity of groundwater resources;
(D) the potential of the groundwater resources to recharge;
(E) the interaction between groundwater and surface water;
(F) the susceptibility of the aquifers to contamination;
and
(G) any other relevant criteria; and
(2) a characterization of surface and bedrock geology,
including the effect of the geology on groundwater yield and
quality.
(b) Study Areas.--The study carried out under subsection (a) shall
include the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin,
and middle Rio Grande Basin in the State.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives a report that describes the results of the
study.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--EXPLORATION
SEC. 12001. PURPOSE.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research program within
the National Oceanic and Atmospheric Administration.
SEC. 12002. PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, establish a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with
other Federal ocean and undersea research and exploration programs. To
the extent appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems, outreach and
education programs to improve public understanding of ocean and coastal
resources, and development and transfer of technologies to facilitate
ocean and undersea research and exploration.
SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by section
12002, the Administrator of the National Oceanic and Atmospheric
Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or academic
or educational institutions, to explore and survey little known
areas of the marine environment, inventory, observe, and assess
living and nonliving marine resources, and report such findings;
(2) give priority attention to deep ocean regions, with a focus
on deep water marine systems that hold potential for important
scientific discoveries, such as hydrothermal vent communities and
seamounts;
(3) conduct scientific voyages to locate, define, and document
historic shipwrecks, submerged sites, and other ocean exploration
activities that combine archaeology and oceanographic sciences;
(4) develop and implement, in consultation with the National
Science Foundation, a transparent, competitive process for merit-
based peer-review and approval of proposals for activities to be
conducted under this program, taking into consideration advice of
the Board established under section 12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of improved
oceanographic research, communication, navigation, and data
collection systems, as well as underwater platforms and sensor and
autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and other
stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of property,
data, and equipment to be applied for the purpose of exploring the
oceans or increasing knowledge of the oceans.
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND
INFRASTRUCTURE TASK FORCE.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the National Science
Foundation, the National Aeronautics and Space Administration, the
United States Geological Survey, the Department of the Navy, the
Mineral Management Service, and relevant governmental, non-
governmental, academic, industry, and other experts, shall convene an
ocean exploration and undersea research technology and infrastructure
task force to develop and implement a strategy--
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this part and
part II of this subtitle;
(2) to improve availability of communications infrastructure,
including satellite capabilities, to such programs;
(3) to develop an integrated, workable, and comprehensive data
management information processing system that will make information
on unique and significant features obtained by such programs
available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and processes, in
conjunction with relevant programs of the National Oceanic and
Atmospheric Administration, the National Science Foundation, and
other agencies; and
(5) to encourage cost-sharing partnerships with governmental
and nongovernmental entities that will assist in transferring
exploration and undersea research technology and technical
expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate the
development of agency budgets and identify the items in their annual
budget that support the activities identified in the strategy developed
under subsection (a).
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration shall appoint an Ocean Exploration Advisory
Board composed of experts in relevant fields--
(1) to advise the Administrator on priority areas for survey
and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great Lakes
science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section 12003(a)(4); and
(4) to provide other assistance and advice as requested by the
Administrator.
(b) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
appointed under subsection (a).
(c) Application With Outer Continental Shelf Lands Act.--Nothing in
part supersedes, or limits the authority of the Secretary of the
Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.).
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this part--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ``NOAA Undersea Research Program Act
of 2009''.
SEC. 12102. PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall establish and maintain an undersea
research program and shall designate a Director of that program.
(b) Purpose.--The purpose of the program is to increase scientific
knowledge essential for the informed management, use, and preservation
of oceanic, marine, and coastal areas and the Great Lakes.
SEC. 12103. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program, shall--
(1) cooperate with institutions of higher education and other
educational marine and ocean science organizations, and shall make
available undersea research facilities, equipment, technologies,
information, and expertise to support undersea research efforts by
these organizations;
(2) enter into partnerships, as appropriate and using existing
authorities, with the private sector to achieve the goals of the
program and to promote technological advancement of the marine
industry; and
(3) coordinate the development of agency budgets and identify
the items in their annual budget that support the activities
described in paragraphs (1) and (2).
SEC. 12104. ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a national
headquarters, a network of extramural regional undersea research
centers that represent all relevant National Oceanic and Atmospheric
Administration regions, and the National Institute for Undersea Science
and Technology.
(b) Direction.--The Director shall develop the overall direction of
the program in coordination with a Council of Center Directors
comprised of the directors of the extramural regional centers and the
National Institute for Undersea Science and Technology. The Director
shall publish a draft program direction document not later than 1 year
after the date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director shall
publish a final program direction, including responses to the comments
received during the public comment period, in the Federal Register
within 90 days after the close of the comment period. The program
director shall update the program direction, with opportunity for
public comment, at least every 5 years.
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY PROGRAMS.
(a) In General.--The following research, exploration, education,
and technology programs shall be conducted through the network of
regional centers and the National Institute for Undersea Science and
Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research mission
and programs.
(3) Undersea science-based education and outreach programs to
enrich ocean science education and public awareness of the oceans
and Great Lakes.
(4) Development, testing, and transition of advanced undersea
technology associated with ocean observatories, submersibles,
advanced diving technologies, remotely operated vehicles,
autonomous underwater vehicles, and new sampling and sensing
technologies.
(5) Discovery, study, and development of natural resources and
products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through operation of
the extramural regional centers and the National Institute for Undersea
Science and Technology, shall leverage partnerships and cooperative
research with academia and private industry.
SEC. 12106. COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more than 10
percent of its annual budget to a discretionary fund that may be used
only for program administration and priority undersea research projects
identified by the Director but not covered by funding available from
centers.
(b) Competitive Selection.--The Administrator shall conduct an
initial competition to select the regional centers that will
participate in the program 90 days after the publication of the final
program direction under section 12104 and every 5 years thereafter.
Funding for projects conducted through the regional centers shall be
awarded through a competitive, merit-reviewed process on the basis of
their relevance to the goals of the program and their technical
feasibility.
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration--
(1) for fiscal year 2009--
(A) $13,750,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50 percent
shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology Institute.
Subtitle B--Ocean and Coastal Mapping Integration Act
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Ocean and Coastal Mapping
Integration Act''.
SEC. 12202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The President, in coordination with the
Interagency Committee on Ocean and Coastal Mapping and affected coastal
states, shall establish a program to develop a coordinated and
comprehensive Federal ocean and coastal mapping plan for the Great
Lakes and coastal state waters, the territorial sea, the exclusive
economic zone, and the continental shelf of the United States that
enhances ecosystem approaches in decision-making for conservation and
management of marine resources and habitats, establishes research and
mapping priorities, supports the siting of research and other
platforms, and advances ocean and coastal science.
(b) Membership.--The Committee shall be comprised of high-level
representatives of the Department of Commerce, through the National
Oceanic and Atmospheric Administration, the Department of the Interior,
the National Science Foundation, the Department of Defense, the
Environmental Protection Agency, the Department of Homeland Security,
the National Aeronautics and Space Administration, and other
appropriate Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally-funded programs
conducting shoreline delineation and ocean or coastal mapping,
noting geographic coverage, frequency, spatial coverage,
resolution, and subject matter focus of the data and location of
data archives;
(2) facilitate cost-effective, cooperative mapping efforts that
incorporate policies for contracting with non-governmental entities
among all Federal agencies conducting ocean and coastal mapping, by
increasing data sharing, developing appropriate data acquisition
and metadata standards, and facilitating the interoperability of in
situ data collection systems, data processing, archiving, and
distribution of data products;
(3) facilitate the adaptation of existing technologies as well
as foster expertise in new ocean and coastal mapping technologies,
including through research, development, and training conducted
among Federal agencies and in cooperation with non-governmental
entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new technologies
between the Federal Government, coastal state, and non-governmental
entities;
(5) provide for the archiving, management, and distribution of
data sets through a national registry as well as provide mapping
products and services to the general public in service of statutory
requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee for
use by Federal, coastal state, and other entities in mapping and
otherwise documenting locations of federally permitted activities,
living and nonliving coastal and marine resources, marine
ecosystems, sensitive habitats, submerged cultural resources,
undersea cables, offshore aquaculture projects, offshore energy
projects, and any areas designated for purposes of environmental
protection or conservation and management of living and nonliving
coastal and marine resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal mapping
data with coastal state and local government programs;
(8) facilitate, to the extent practicable, the collection of
real-time tide data and the development of hydrodynamic models for
coastal areas to allow for the application of V-datum tools that
will facilitate the seamless integration of onshore and offshore
maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
(10) set forth a timetable for completion and implementation of
the plan.
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration, within 30 days after the date of enactment
of this Act, shall convene or utilize an existing interagency committee
on ocean and coastal mapping to implement section 12202.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal mapping
and surveying responsibilities. The representatives shall be high-
ranking officials of their respective agencies or departments and,
whenever possible, the head of the portion of the agency or department
that is most relevant to the purposes of this subtitle. Membership
shall include senior representatives from the National Oceanic and
Atmospheric Administration, the Chief of Naval Operations, the United
States Geological Survey, the Minerals Management Service, the National
Science Foundation, the National Geospatial-Intelligence Agency, the
United States Army Corps of Engineers, the Coast Guard, the
Environmental Protection Agency, the Federal Emergency Management
Agency, the National Aeronautics and Space Administration, and other
appropriate Federal agencies involved in ocean and coastal mapping.
(c) Co-Chairmen.--The Committee shall be co-chaired by the
representative of the Department of Commerce and a representative of
the Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a subcommittee
to carry out the day-to-day work of the Committee, comprised of senior
representatives of any member agency of the committee. Working groups
may be formed by the full Committee to address issues of short
duration. The subcommittee shall be chaired by the representative from
the National Oceanic and Atmospheric Administration. The chairmen of
the Committee may create such additional subcommittees and working
groups as may be needed to carry out the work of Committee.
(e) Meetings.--The committee shall meet on a quarterly basis, but
each subcommittee and each working group shall meet on an as-needed
basis.
(f) Coordination.--The committee shall coordinate activities when
appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean and
coastal mapping advisory panel consisting of representatives from non-
governmental entities to provide input regarding activities of the
committee in consultation with the interagency committee.
SEC. 12204. BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this Act,
and biennially thereafter, the co-chairmen of the Committee shall
transmit to the Committees on Commerce, Science, and Transportation and
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report detailing progress
made in implementing this subtitle, including--
(1) an inventory of ocean and coastal mapping data within the
territorial sea and the exclusive economic zone and throughout the
Continental Shelf of the United States, noting the age and source
of the survey and the spatial resolution (metadata) of the data;
(2) identification of priority areas in need of survey coverage
using present technologies;
(3) a resource plan that identifies when priority areas in need
of modern ocean and coastal mapping surveys can be accomplished;
(4) the status of efforts to produce integrated digital maps of
ocean and coastal areas;
(5) a description of any products resulting from coordinated
mapping efforts under this subtitle that improve public
understanding of the coasts and oceans, or regulatory
decisionmaking;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to leverage
mapping technologies, coordinate mapping activities, share
expertise, and exchange data;
(8) a statement of resource requirements for organizations to
meet the goals of the program, including technology needs for data
acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence Agency,
and other agencies to the extent possible without jeopardizing
national security, and make it available to partner agencies and
the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal counties
through the territorial sea;
(B) identify how such a pilot project will leverage public
and private mapping data and resources, such as the United
States Geological Survey National Map, to result in an
operational coastal change assessment program for the
subregion;
(11) the status of efforts to coordinate Federal programs with
coastal state and local government programs and leverage those
programs;
(12) a description of efforts of Federal agencies to increase
contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation and
ocean or coastal mapping since the previous reporting cycle.
SEC. 12205. PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation with the
Committee, shall develop and submit to the Congress a plan for an
integrated ocean and coastal mapping initiative within the National
Oceanic and Atmospheric Administration.
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct mapping or
related activities in the course of existing missions, such as
hydrographic surveys, ocean exploration projects, living marine
resource conservation and management programs, coastal zone
management projects, and ocean and coastal observations and science
projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in surveying
and mapping across all missions of the National Oceanic and
Atmospheric Administration, as well as minimum data acquisition and
metadata standards for those programs;
(3) encourage the development of innovative ocean and coastal
mapping technologies and applications, through research and
development through cooperative or other agreements with joint or
cooperative research institutes or centers and with other non-
governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states, and non-
governmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and Atmospheric
Administration's programs, vessels, and aircraft to support a
coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for coordinating
data collection, processing, archiving, and dissemination
activities of all such mapping programs within the National Oceanic
and Atmospheric Administration that meets Federal mandates for data
accuracy and accessibility and designate a repository that is
responsible for archiving and managing the distribution of all
ocean and coastal mapping data to simplify the provision of
services to benefit Federal and coastal state programs; and
(7) set forth a timetable for implementation and completion of
the plan, including a schedule for submission to the Congress of
periodic progress reports and recommendations for integrating
approaches developed under the initiative into the interagency
program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The
Administrator may maintain and operate up to 3 joint ocean and coastal
mapping centers, including a joint hydrographic center, which shall
each be co-located with an institution of higher education. The centers
shall serve as hydrographic centers of excellence and may conduct
activities necessary to carry out the purposes of this subtitle,
including--
(1) research and development of innovative ocean and coastal
mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf and
other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential fish
habitat and of coral resources, ocean observations, and ocean
exploration; and
(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps, personnel of
other agencies with ocean and coastal mapping programs, and
civilian personnel.
(d) NOAA Report.--The Administrator shall continue developing a
strategy for expanding contracting with non-governmental entities to
minimize duplication and take maximum advantage of nongovernmental
capabilities in fulfilling the Administration's mapping and charting
responsibilities. Within 120 days after the date of enactment of this
Act, the Administrator shall transmit a report describing the strategy
developed under this subsection to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural Resources
of the House of Representatives.
SEC. 12206. EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or alter
the existing authorities of any Federal agency with respect to ocean
and coastal mapping.
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by section
306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C.
892d), there are authorized to be appropriated to the Administrator to
carry out this subtitle--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the amounts
appropriated pursuant to subsection (a), the following amounts shall be
used to carry out section 12205(c) of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency activities
under section 12203 of this subtitle, the head of any department or
agency may execute a cooperative agreement with the Administrator,
including those authorized by section 5 of the Act of August 6, 1947
(33 U.S.C. 883e).
SEC. 12208. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator''' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the meaning
given that term by section 304(4) of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the Interagency
Ocean and Coastal Mapping Committee established by section 12203.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March 10,
1983.
(5) Ocean and coastal mapping.--The term ``ocean and coastal
mapping'' means the acquisition, processing, and management of
physical, biological, geological, chemical, and archaeological
characteristics and boundaries of ocean and coastal areas,
resources, and sea beds through the use of acoustics, satellites,
aerial photogrammetry, light and imaging, direct sampling, and
other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means the
belt of sea measured from the baseline of the United States
determined in accordance with international law, as set forth in
Presidential Proclamation Number 5928, dated December 27, 1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of the
academic community, and private sector organizations that provide
products and services associated with measuring, locating, and
preparing maps, charts, surveys, aerial photographs, satellite
imagines, or other graphical or digital presentations depicting
natural or manmade physical features, phenomena, and legal
boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside of
lands beneath navigable waters (as that term is defined in section
2 of the Submerged Lands Act (43 U.S.C. 1301)), and of which the
subsoil and seabed appertain to the United States and are subject
to its jurisdiction and control.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Integrated Coastal and Ocean
Observation System Act of 2009''.
SEC. 12302. PURPOSES.
The purposes of this subtitle are to--
(1) establish a national integrated System of ocean, coastal,
and Great Lakes observing systems, comprised of Federal and non-
Federal components coordinated at the national level by the
National Ocean Research Leadership Council and at the regional
level by a network of regional information coordination entities,
and that includes in situ, remote, and other coastal and ocean
observation, technologies, and data management and communication
systems, and is designed to address regional and national needs for
ocean information, to gather specific data on key coastal, ocean,
and Great Lakes variables, and to ensure timely and sustained
dissemination and availability of these data to--
(A) support national defense, marine commerce, navigation
safety, weather, climate, and marine forecasting, energy siting
and production, economic development, ecosystem-based marine,
coastal, and Great Lakes resource management, public safety,
and public outreach training and education;
(B) promote greater public awareness and stewardship of the
Nation's ocean, coastal, and Great Lakes resources and the
general public welfare; and
(C) enable advances in scientific understanding to support
the sustainable use, conservation, management, and
understanding of healthy ocean, coastal, and Great Lakes
resources;
(2) improve the Nation's capability to measure, track, explain,
and predict events related directly and indirectly to weather and
climate change, natural climate variability, and interactions
between the oceanic and atmospheric environments, including the
Great Lakes; and
(3) authorize activities to promote basic and applied research
to develop, test, and deploy innovations and improvements in
coastal and ocean observation technologies, modeling systems, and
other scientific and technological capabilities to improve our
conceptual understanding of weather and climate, ocean-atmosphere
dynamics, global climate change, physical, chemical, and biological
dynamics of the ocean, coastal and Great Lakes environments, and to
conserve healthy and restore degraded coastal ecosystems.
SEC. 12303. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere in the Under
Secretary's capacity as Administrator of the National Oceanic and
Atmospheric Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of title
10, United States Code.
(3) Federal assets.--The term ``Federal assets'' means all
relevant non-classified civilian coastal and ocean observations,
technologies, and related modeling, research, data management,
basic and applied technology research and development, and public
education and outreach programs, that are managed by member
agencies of the Council.
(4) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the committee
established under section 12304(c)(2).
(5) Non-federal assets.--The term ``non-Federal assets'' means
all relevant coastal and ocean observation technologies, related
basic and applied technology research and development, and public
education and outreach programs that are integrated into the System
and are managed through States, regional organizations,
universities, nongovernmental organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``regional information
coordination entity'' means an organizational body that is
certified or established by contract or memorandum by the lead
Federal agency designated in section 12304(c)(3) of this
subtitle and coordinates State, Federal, local, and private
interests at a regional level with the responsibility of
engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Certain included associations.--The term ``regional
information coordination entity'' includes regional
associations described in the System Plan.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the National Oceanic and Atmospheric
Administration.
(8) System.--The term ``System'' means the National Integrated
Coastal and Ocean Observation System established under section
12304.
(9) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean. US Publication No. 9,
The First Integrated Ocean Observing System (IOOS) Development
Plan'', as updated by the Council under this subtitle.
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the Council,
shall establish a National Integrated Coastal and Ocean Observation
System to fulfill the purposes set forth in section 12302 of this
subtitle and the System Plan and to fulfill the Nation's international
obligations to contribute to the Global Earth Observation System of
Systems and the Global Ocean Observing System.
(b) System Elements.--
(1) In general.--In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist of--
(A) Federal assets to fulfill national and international
observation missions and priorities;
(B) non-Federal assets, including a network of regional
information coordination entities identified under subsection
(c)(4), to fulfill regional observation missions and
priorities;
(C) data management, communication, and modeling systems
for the timely integration and dissemination of data and
information products from the System;
(D) a research and development program conducted under the
guidance of the Council, consisting of--
(i) basic and applied research and technology
development to improve understanding of coastal and ocean
systems and their relationships to human activities and to
ensure improvement of operational assets and products,
including related infrastructure, observing technologies,
and information and data processing and management
technologies; and
(ii) large scale computing resources and research to
advance modeling of coastal and ocean processes.
(2) Enhancing administration and management.--The head of each
Federal agency that has administrative jurisdiction over a Federal
asset shall support the purposes of this subtitle and may take
appropriate actions to enhance internal agency administration and
management to better support, integrate, finance, and utilize
observation data, products, and services developed under this
section to further its own agency mission and responsibilities.
(3) Availability of data.--The head of each Federal agency that
has administrative jurisdiction over a Federal asset shall make
available data that are produced by that asset and that are not
otherwise restricted for integration, management, and dissemination
by the System.
(4) Non-federal assets.--Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean Observing
Committee or by regional information coordination entities.
(c) Policy Oversight, Administration, and Regional Coordination.--
(1) Council functions.--The Council shall serve as the policy
and coordination oversight body for all aspects of the System. In
carrying out its responsibilities under this subtitle, the Council
shall--
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean Observation
Committee to support System operations, including operations of
both Federal and non-Federal assets;
(B) ensure coordination of the System with other domestic
and international earth observing activities including the
Global Ocean Observing System and the Global Earth Observing
System of Systems, and provide, as appropriate, support for and
representation on United States delegations to international
meetings on coastal and ocean observing programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into operations of
the System.
(2) Interagency ocean observation committee.--The Council shall
establish or designate an Interagency Ocean Observation Committee
which shall--
(A) prepare annual and long-term plans for consideration
and approval by the Council for the integrated design,
operation, maintenance, enhancement and expansion of the System
to meet the objectives of this subtitle and the System Plan;
(B) develop and transmit to Congress at the time of
submission of the President's annual budget request an annual
coordinated, comprehensive budget to operate all elements of
the System identified in subsection (b), and to ensure
continuity of data streams from Federal and non-Federal assets;
(C) establish required observation data variables to be
gathered by both Federal and non-Federal assets and identify,
in consultation with regional information coordination
entities, priorities for System observations;
(D) establish protocols and standards for System data
processing, management, and communication;
(E) develop contract certification standards and compliance
procedures for all non-Federal assets, including regional
information coordination entities, to establish eligibility for
integration into the System and to ensure compliance with all
applicable standards and protocols established by the Council,
and ensure that regional observations are integrated into the
System on a sustained basis;
(F) identify gaps in observation coverage or needs for
capital improvements of both Federal assets and non-Federal
assets;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System advisory committee established
under subsection (d), a competitive matching grant or other
programs--
(i) to promote intramural and extramural research and
development of new, innovative, and emerging observation
technologies including testing and field trials; and
(ii) to facilitate the migration of new, innovative,
and emerging scientific and technological advances from
research and development to operational deployment;
(H) periodically review and recommend to the Council, in
consultation with the Administrator, revisions to the System
Plan;
(I) ensure collaboration among Federal agencies
participating in the activities of the Committee; and
(J) perform such additional duties as the Council may
delegate.
(3) Lead federal agency.--The National Oceanic and Atmospheric
Administration shall function as the lead Federal agency for the
implementation and administration of the System, in consultation
with the Council, the Interagency Ocean Observation Committee,
other Federal agencies that maintain portions of the System, and
the regional information coordination entities, and shall--
(A) establish an Integrated Ocean Observing Program Office
within the National Oceanic and Atmospheric Administration
utilizing to the extent necessary, personnel from member
agencies participating on the Interagency Ocean Observation
Committee, to oversee daily operations and coordination of the
System;
(B) implement policies, protocols, and standards approved
by the Council and delegated by the Interagency Ocean Observing
Committee;
(C) promulgate program guidelines to certify and integrate
non-Federal assets, including regional information coordination
entities, into the System to provide regional coastal and ocean
observation data that meet the needs of user groups from the
respective regions;
(D) have the authority to enter into and oversee contracts,
leases, grants or cooperative agreements with non-Federal
assets, including regional information coordination entities,
to support the purposes of this subtitle on such terms as the
Administrator deems appropriate;
(E) implement a merit-based, competitive funding process to
support non-Federal assets, including the development and
maintenance of a network of regional information coordination
entities, and develop and implement a process for the periodic
review and evaluation of all non-Federal assets, including
regional information coordination entities;
(F) provide opportunities for competitive contracts and
grants for demonstration projects to design, develop,
integrate, deploy, and support components of the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors, grantees,
and non-Federal assets, including regional information
coordination entities in a timely manner, and contingent on
appropriations according to the budget adopted by the Council;
(H) develop and implement a process for the periodic review
and evaluation of regional information coordination entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements of
Federal assets and non-Federal assets of the System are
identified by the regional information coordination entities,
the Administrator, or other members of the System and
transmitted to the Interagency Ocean Observing Committee;
(J) develop and be responsible for a data management and
communication system, in accordance with standards and
protocols established by the Council, by which all data
collected by the System regarding ocean and coastal waters of
the United States including the Great Lakes, are processed,
stored, integrated, and made available to all end-user
communities;
(K) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment;
(L) report annually to the Interagency Ocean Observing
Committee on the accomplishments, operational needs, and
performance of the System to contribute to the annual and long-
term plans developed pursuant to subsection (c)(2)(A)(i); and
(M) develop a plan to efficiently integrate into the System
new, innovative, or emerging technologies that have been
demonstrated to be useful to the System and which will fulfill
the purposes of this subtitle and the System Plan.
(4) Regional information coordination entities.--
(A) In general.--To be certified or established under this
subtitle, a regional information coordination entity shall be
certified or established by contract or agreement by the
Administrator, and shall agree to meet the certification
standards and compliance procedure guidelines issued by the
Administrator and information needs of user groups in the
region while adhering to national standards and shall--
(i) demonstrate an organizational structure capable of
gathering required System observation data, supporting and
integrating all aspects of coastal and ocean observing and
information programs within a region and that reflects the
needs of State and local governments, commercial interests,
and other users and beneficiaries of the System and other
requirements specified under this subtitle and the System
Plan;
(ii) identify gaps in observation coverage needs for
capital improvements of Federal assets and non-Federal
assets of the System, or other recommendations to assist in
the development of the annual and long-term plans created
pursuant to subsection (c)(2)(A)(i) and transmit such
information to the Interagency Ocean Observing Committee
via the Program Office;
(iii) develop and operate under a strategic operational
plan that will ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System, pursuant to
the standards approved by the Council;
(iv) work cooperatively with governmental and non-
governmental entities at all levels to identify and provide
information products of the System for multiple users
within the service area of the regional information
coordination entities; and
(v) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits.
(B) Participation.--For the purposes of this subtitle,
employees of Federal agencies may participate in the functions
of the regional information coordination entities.
(d) System Advisory Committee.--
(1) In general.--The Administrator shall establish or designate
a System advisory committee, which shall provide advice as may be
requested by the Administrator or the Interagency Ocean Observing
Committee.
(2) Purpose.--The purpose of the System advisory committee is
to advise the Administrator and the Interagency Ocean Observing
Committee on--
(A) administration, operation, management, and maintenance
of the System, including integration of Federal and non-Federal
assets and data management and communication aspects of the
System, and fulfillment of the purposes set forth in section
12302;
(B) expansion and periodic modernization and upgrade of
technology components of the System;
(C) identification of end-user communities, their needs for
information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(D) any other purpose identified by the Administrator or
the Interagency Ocean Observing Committee.
(3) Members.--
(A) In general.--The System advisory committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use of
data products provided through the System.
(B) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be for
the remainder of the unexpired term of the vacancy, and an
individual so appointed may subsequently be appointed for 2
full 3-year terms if the remainder of the unexpired term is
less than 1 year.
(C) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System advisory
committee.
(D) Appointment.--Members of the System advisory committee
shall be appointed as special Government employees for purposes
of section 202(a) of title 18, United States Code.
(4) Administrative provisions.--
(A) Reporting.--The System advisory committee shall report
to the Administrator and the Interagency Ocean Observing
Committee, as appropriate.
(B) Administrative support.--The Administrator shall
provide administrative support to the System advisory
committee.
(C) Meetings.--The System advisory committee shall meet at
least once each year, and at other times at the call of the
Administrator, the Interagency Ocean Observing Committee, or
the chairperson.
(D) Compensation and expenses.--Members of the System
advisory committee shall not be compensated for service on that
Committee, but may be allowed travel expenses, including per
diem in lieu of subsistence, in accordance with subchapter I of
chapter 57 of title 5, United States Code.
(E) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
advisory committee.
(e) Civil Liability.--For purposes of determining liability arising
from the dissemination and use of observation data gathered pursuant to
this section, any non-Federal asset or regional information
coordination entity incorporated into the System by contract, lease,
grant, or cooperative agreement under subsection (c)(3)(D) that is
participating in the System shall be considered to be part of the
National Oceanic and Atmospheric Administration. Any employee of such a
non-Federal asset or regional information coordination entity, while
operating within the scope of his or her employment in carrying out the
purposes of this subtitle, with respect to tort liability, is deemed to
be an employee of the Federal Government.
(f) Limitation.--Nothing in this subtitle shall be construed to
invalidate existing certifications, contracts, or agreements between
regional information coordination entities and other elements of the
System.
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
(a) In General.--To carry out interagency activities under this
subtitle, the Secretary of Commerce may execute cooperative agreements,
or any other agreements, with, and receive and expend funds made
available by, any State or subdivision thereof, any Federal agency, or
any public or private organization, or individual.
(b) Reciprocity.--Member Departments and agencies of the Council
shall have the authority to create, support, and maintain joint
centers, and to enter into and perform such contracts, leases, grants,
and cooperative agreements as may be necessary to carry out the
purposes of this subtitle and fulfillment of the System Plan.
SEC. 12306. APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority of any
agency to carry out its responsibilities and missions under other laws.
SEC. 12307. REPORT TO CONGRESS.
(a) Requirement.--Not later than 2 years after the date of the
enactment of this Act and every 2 years thereafter, the Administrator
shall prepare and the President acting through the Council shall
approve and transmit to the Congress a report on progress made in
implementing this subtitle.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this subtitle
and the System Plan;
(2) an evaluation of the effectiveness of the System, including
an evaluation of progress made by the Council to achieve the goals
identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of required
observation data variables necessary to meet the respective
missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the observation
capabilities and data products provided by the System, including
data management and communication subsystems;
(5) an assessment regarding activities to integrate Federal and
non-Federal assets, nationally and on the regional level, and
discussion of the performance and effectiveness of regional
information coordination entities to coordinate regional
observation operations;
(6) a description of benefits of the program to users of data
products resulting from the System (including the general public,
industries, scientists, resource managers, emergency responders,
policy makers, and educators);
(7) recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal
years; and
(8) the results of a periodic external independent programmatic
audit of the System.
SEC. 12308. PUBLIC-PRIVATE USE POLICY.
The Council shall develop a policy within 6 months after the date
of the enactment of this Act that defines processes for making
decisions about the roles of the Federal Government, the States,
regional information coordination entities, the academic community, and
the private sector in providing to end-user communities environmental
information, products, technologies, and services related to the
System. The Council shall publish the policy in the Federal Register
for public comment for a period not less than 60 days. Nothing in this
section shall be construed to require changes in policy in effect on
the date of enactment of this Act.
SEC. 12309. INDEPENDENT COST ESTIMATE.
Within 1 year after the date of enactment of this Act, the
Interagency Ocean Observation Committee, through the Administrator and
the Director of the National Science Foundation, shall obtain an
independent cost estimate for operations and maintenance of existing
Federal assets of the System, and planned or anticipated acquisition,
operation, and maintenance of new Federal assets for the System,
including operation facilities, observation equipment, modeling and
software, data management and communication, and other essential
components. The independent cost estimate shall be transmitted
unabridged and without revision by the Administrator to Congress.
SEC. 12310. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to agencies of
the Council to implement this subtitle shall supplement, and not
replace, existing sources of funding for other programs. It is the
further intent of Congress that agencies of the Council shall not enter
into contracts or agreements for the development or procurement of new
Federal assets for the System that are estimated to be in excess of
$250,000,000 in life-cycle costs without first providing adequate
notice to Congress and opportunity for review and comment.
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through 2013 such sums as are necessary
to fulfill the purposes of this subtitle and support activities
identified in the annual coordinated System budget developed by the
Interagency Ocean Observation Committee and submitted to the Congress.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Federal Ocean Acidification
Research And Monitoring Act of 2009'' or the ``FOARAM Act''.
SEC. 12402. PURPOSES.
(a) Purposes.--The purposes of this subtitle are to provide for--
(1) development and coordination of a comprehensive interagency
plan to--
(A) monitor and conduct research on the processes and
consequences of ocean acidification on marine organisms and
ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within the
National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 12403. DEFINITIONS.
In this subtitle:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in ocean
chemistry caused by chemical inputs from the atmosphere, including
carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Administrator of the National Oceanic
and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the Joint
Subcommittee on Ocean Science and Technology of the National
Science and Technology Council.
SEC. 12404. INTERAGENCY SUBCOMMITTEE.
(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science and
Technology of the National Science and Technology Council shall
coordinate Federal activities on ocean acidification and establish
an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives from the
National Oceanic and Atmospheric Administration, the National
Science Foundation, the National Aeronautics and Space
Administration, the United States Geological Survey, the United
States Fish and Wildlife Service, and such other Federal agencies
as appropriate.
(3) Chairman.--The interagency working group shall be chaired
by the representative from the National Oceanic and Atmospheric
Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to guide
Federal research on ocean acidification required under section
12405 of this subtitle and oversee the implementation of the plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems; and
(B) adaptation and mitigation strategies to conserve marine
organisms and ecosystems exposed to ocean acidification;
(3) facilitate communication and outreach opportunities with
nongovernmental organizations and members of the stakeholder
community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification Information
Exchange to make information on ocean acidification developed
through or utilized by the interagency ocean acidification program
accessible through electronic means, including information which
would be useful to policymakers, researchers, and other
stakeholders in mitigating or adapting to the impacts of ocean
acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date of
enactment of this Act, the Subcommittee shall transmit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities, including the
budget for each of these activities; and
(B) describes the progress in developing the plan required
under section 12405 of this subtitle.
(2) Biennial report.--Not later than 2 years after the delivery
of the initial report under paragraph (1) and every 2 years
thereafter, the Subcommittee shall transmit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology and the Committee on
Natural Resources of the House of Representatives that includes--
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget for
each of these activities; and
(B) an analysis of the progress made toward achieving the
goals and priorities for the interagency research plan
developed by the Subcommittee under section 12405.
(3) Strategic research plan.--Not later than 2 years after the
date of enactment of this Act, the Subcommittee shall transmit the
strategic research plan developed under section 12405 to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology and the Committee on
Natural Resources of the House of Representatives. A revised plan
shall be submitted at least once every 5 years thereafter.
SEC. 12405. STRATEGIC RESEARCH PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Subcommittee shall develop a strategic plan for
Federal research and monitoring on ocean acidification that will
provide for an assessment of the impacts of ocean acidification on
marine organisms and marine ecosystems and the development of
adaptation and mitigation strategies to conserve marine organisms and
marine ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring needed to
better understand ocean acidification and its potential impacts, and
recommendations made by the National Academy of Sciences in the review
of the plan required under subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve the
understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year the
plan is submitted, the goals and priorities for Federal research
and monitoring which will--
(A) advance understanding of ocean acidification and its
physical, chemical, and biological impacts on marine organisms
and marine ecosystems;
(B) improve the ability to assess the socioeconomic impacts
of ocean acidification; and
(C) provide information for the development of adaptation
and mitigation strategies to conserve marine organisms and
marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the Federal
agencies that contribute to the interagency program directly and
indirectly and set forth the role of each Federal agency in
implementing the plan;
(5) consider and utilize, as appropriate, reports and studies
conducted by Federal agencies, the National Research Council, or
other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(7) outline budget requirements for Federal ocean acidification
research and monitoring and assessment activities to be conducted
by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems that may
be needed to ensure adequate data collection and monitoring of
ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum the
following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and open-
ocean monitoring stations, including satellite-based monitoring to
characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific physiological
responses of marine organisms to ocean acidification, impacts on
marine food webs of ocean acidification, and to develop
environmental and ecological indices that track marine ecosystem
responses to ocean acidification.
(3) Modeling to predict changes in the ocean carbon cycle as a
function of carbon dioxide and atmosphere-induced changes in
temperature, ocean circulation, biogeochemistry, ecosystem and
terrestrial input, and modeling to determine impacts on marine
ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean acidification
and development of adaptation and mitigation strategies to conserve
marine organisms and marine ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary shall
enter into an agreement with the National Academy of Sciences to review
the plan.
(e) Public Participation.--In developing the plan, the Subcommittee
shall consult with representatives of academic, State, industry and
environmental groups. Not later than 90 days before the plan, or any
revision thereof, is submitted to the Congress, the plan shall be
published in the Federal Register for a public comment period of not
less than 60 days.
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) In General.--The Secretary shall establish and maintain an
ocean acidification program within the National Oceanic and Atmospheric
Administration to conduct research, monitoring, and other activities
consistent with the strategic research and implementation plan
developed by the Subcommittee under section 12405 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and activities
to improve understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of
ocean acidification utilizing existing global and national
ocean observing assets, and adding instrumentation and sampling
stations as appropriate to the aims of the research program;
(C) research to identify and develop adaptation strategies
and techniques for effectively conserving marine ecosystems as
they cope with increased ocean acidification;
(D) as an integral part of the research programs described
in this subtitle, educational opportunities that encourage an
interdisciplinary and international approach to exploring the
impacts of ocean acidification;
(E) as an integral part of the research programs described
in this subtitle, national public outreach activities to
improve the understanding of current scientific knowledge of
ocean acidification and its impacts on marine resources; and
(F) coordination of ocean acidification monitoring and
impacts research with other appropriate international ocean
science bodies such as the International Oceanographic
Commission, the International Council for the Exploration of
the Sea, the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that explore
the effects of ocean acidification on ecosystems and the
socioeconomic impacts of increased ocean acidification that are
relevant to the goals and priorities of the strategic research
plan; and
(3) incorporates a competitive merit-based process for awarding
grants that may be conducted jointly with other participating
agencies or under the National Oceanographic Partnership Program
under section 7901 of title 10, United States Code.
(b) Additional Authority.--In conducting the Program, the Secretary
may enter into and perform such contracts, leases, grants, or
cooperative agreements as may be necessary to carry out the purposes of
this subtitle on such terms as the Secretary considers appropriate.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification
and its impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine biogeochemistry;
and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be consistent with
the strategic research plan developed by the Subcommittee under section
12405.
(c) Coordination.--The Director shall encourage coordination of the
Foundation's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of the
National Aeronautics and Space Administration, in coordination with
other relevant agencies, shall ensure that space-based monitoring
assets are used in as productive a manner as possible for monitoring of
ocean acidification and its impacts.
(b) Program Consistency.--The Administrator shall ensure that the
Agency's research and monitoring activities on ocean acidification are
carried out in a manner consistent with the strategic research plan
developed by the Subcommittee under section 12405.
(c) Coordination.--The Administrator shall encourage coordination
of the Agency's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out the purposes of
this subtitle--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the National
Science Foundation to carry out the purposes of this subtitle--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Subtitle E--Coastal and Estuarine Land Conservation Program
SEC. 12501. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION
PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 307 the following new section:
``authorization of the coastal and estuarine land conservation
program
``Sec. 307A. (a) In General.--The Secretary may conduct a Coastal
and Estuarine Land Conservation Program, in cooperation with
appropriate State, regional, and other units of government, for the
purposes of protecting important coastal and estuarine areas that have
significant conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from their
natural, undeveloped, or recreational state to other uses or could be
managed or restored to effectively conserve, enhance, or restore
ecological function. The program shall be administered by the National
Ocean Service of the National Oceanic and Atmospheric Administration
through the Office of Ocean and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall make grants
under the program to coastal states with approved coastal zone
management plans or National Estuarine Research Reserve units for the
purpose of acquiring property or interests in property described in
subsection (a) that will further the goals of--
``(1) a Coastal Zone Management Plan or Program approved under
this title;
``(2) a National Estuarine Research Reserve management plan;
``(3) a regional or State watershed protection or management
plan involving coastal states with approved coastal zone management
programs; or
``(4) a State coastal land acquisition plan that is consistent
with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to coastal
states or National Estuarine Research Reserves under this section
through a competitive grant process in accordance with guidelines that
meet the following requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine Research
Reserve in that State, and the lead agency designated by the
Governor for coordinating the implementation of this section (if
different from the coastal zone management program).
``(2) Each participating coastal state, after consultation with
local governmental entities and other interested stakeholders,
shall identify priority conservation needs within the State, the
values to be protected by inclusion of lands in the program, and
the threats to those values that should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or easements
shall complement working waterfront needs.
``(4) The applicant shall identify the values to be protected
by inclusion of the lands in the program, management activities
that are planned and the manner in which they may affect the values
identified, and any other information from the landowner relevant
to administration and management of the land.
``(5) Awards shall be based on demonstrated need for protection
and ability to successfully leverage funds among participating
entities, including Federal programs, regional organizations, State
and other governmental units, landowners, corporations, or private
organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section, where
appropriate in consultation with the appropriate local government,
shall determine that the application is consistent with the State's
or territory's approved coastal zone plan, program, and policies
prior to submittal to the Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected and
that have significant ecological value.
``(B) Of the projects that meet the standard in subparagraph
(A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to a use
that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in land
acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine Research
Reserves may allocate grants to local governments or agencies
eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures that
the Secretary shall use to evaluate and report on the program's
effectiveness in accomplishing its purposes, and shall submit such
evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement, only
from a willing seller. Any such purchase shall not be the result of
a forced taking under this section. Nothing in this section
requires a private property owner to participate in the program
under this section.
``(2) Any interest in land, including any easement, acquired
with a grant under this section shall not be considered to create
any new liability, or have any effect on liability under any other
law, of any private property owner with respect to any person
injured on the private property.
``(3) Nothing in this section requires a private property owner
to provide access (including Federal, State, or local government
access) to or use of private property unless such property or an
interest in such property (including a conservation easement) has
been purchased with funds made available under this section.
``(e) Recognition of Authority to Control Land Use.--Nothing in
this title modifies the authority of Federal, State, or local
governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under the
program unless the Federal funds are matched by non-Federal funds
in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program shall
require a 100 percent match from other non-Federal sources.
``(B) Waiver of requirement.--The Secretary may grant a
waiver of subparagraph (A) for underserved communities,
communities that have an inability to draw on other sources of
funding because of the small population or low income of the
community, or for other reasons the Secretary deems appropriate
and consistent with the purposes of the program.
``(3) Other federal funds.--Where financial assistance awarded
under this section represents only a portion of the total cost of a
project, funding from other Federal sources may be applied to the
cost of the project. Each portion shall be subject to match
requirements under the applicable provision of law.
``(4) Source of matching cost share.--For purposes of paragraph
(2)(A), the non-Federal cost share for a project may be determined
by taking into account the following:
``(A) The value of land or a conservation easement may be
used by a project applicant as non-Federal match, if the
Secretary determines that--
``(i) the land meets the criteria set forth in section
2(b) and is acquired in the period beginning 3 years before
the date of the submission of the grant application and
ending 3 years after the date of the award of the grant;
``(ii) the value of the land or easement is held by a
non-governmental organization included in the grant
application in perpetuity for conservation purposes of the
program; and
``(iii) the land or easement is connected either
physically or through a conservation planning process to
the land or easement that would be acquired.
``(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and enhancement
may be used as non- Federal match if the activities are
identified in the plan and expenses are incurred within the
period of the grant award, or, for lands described in (A),
within the same time limits described therein. These costs may
include either cash or in-kind contributions.
``(g) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under this
section shall be available for acquisitions benefitting National
Estuarine Research Reserves.
``(h) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the program. The
Secretary shall provide a report to Congress with an account of all
expenditures under this section for fiscal year 2009 and triennially
thereafter.
``(i) Title and Management of Acquired Property.--If any property
is acquired in whole or in part with funds made available through a
grant under this section, the grant recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
``(B) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other uses;
and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value will
be returned to the Secretary in accordance with applicable
Federal law for redistribution in the grant process; and
``(2) certification that the property (including any interest
in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal Match.--If the
grant recipient elects to use any land or interest in land held by a
non-governmental organization as a non-Federal match under subsection
(g), the grant recipient must to the Secretary's satisfaction
demonstrate in the grant application that such land or interest will
satisfy the same requirements as the lands or interests in lands
acquired under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation easement'
includes an easement or restriction, recorded deed, or a reserve
interest deed where the grantee acquires all rights, title, and
interest in a property, that do not conflict with the goals of this
section except those rights, title, and interests that may run with
the land that are expressly reserved by a grantor and are agreed to
at the time of purchase.
``(2) Interest in property.--The term `interest in property'
includes a conservation easement.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $60,000,000 for
each of fiscal years 2009 through 2013.''.
TITLE XIII--MISCELLANEOUS
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST FUNDS.
(a) North Dakota Trust Funds.--The Act of February 22, 1889 (25
Stat. 676, chapter 180), is amended by adding at the end the following:
``SEC. 26. NORTH DAKOTA TRUST FUNDS.
``(a) Disposition.--Notwithstanding section 11, the State of North
Dakota shall, with respect to any trust fund in which proceeds from the
sale of public land are deposited under this Act (referred to in this
section as the `trust fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from each
trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(b) Distributions.--Notwithstanding section 11, any distributions
from trust funds in the State of North Dakota shall be made in
accordance with section 2 of article IX of the Constitution of the
State of North Dakota.
``(c) Management of Proceeds.--Notwithstanding section 13, the
State of North Dakota shall manage the proceeds referred to in that
section in accordance with subsections (a) and (b).
``(d) Management of Land and Proceeds.--Notwithstanding sections 14
and 16, the State of North Dakota shall manage the land granted under
that section, including any proceeds from the land, and make
distributions in accordance with subsections (a) and (b).''.
(b) Management and Distribution of Morrill Act Grants.--The Act of
July 2, 1862 (commonly known as the ``First Morrill Act'') (7 U.S.C.
301 et seq.), is amended by adding at the end the following:
``SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.
``(a) Expenses.--Notwithstanding section 3, the State of North
Dakota shall manage the land granted to the State under the first
section, including any proceeds from the land, in accordance with this
section.
``(b) Disposition of Proceeds.--Notwithstanding section 4, the
State of North Dakota shall, with respect to any trust fund in which
proceeds from the sale of land under this Act are deposited (referred
to in this section as the `trust fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from each
trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(c) Distributions.--Notwithstanding section 4, any distributions
from trust funds in the State of North Dakota shall be made in
accordance with section 2 of article IX of the Constitution of the
State of North Dakota.
``(d) Management.--Notwithstanding section 5, the State of North
Dakota shall manage the land granted under the first section, including
any proceeds from the land, in accordance with this section.''.
(c) Consent of Congress.--Effective July 1, 2009, Congress consents
to the amendments to the Constitution of North Dakota proposed by House
Concurrent Resolution No. 3037 of the 59th Legislature of the State of
North Dakota entitled ``A concurrent resolution for the amendment of
sections 1 and 2 of article IX of the Constitution of North Dakota,
relating to distributions from and the management of the common schools
trust fund and the trust funds of other educational or charitable
institutions; and to provide a contingent effective date'' and approved
by the voters of the State of North Dakota on November 7, 2006.
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND IRRIGATION
MITIGATION ACT OF 2000.
(a) Priority Projects.--Section 3(c)(3) of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended by striking ``$5,000,000'' and inserting
``$2,500,000''.
(b) Cost Sharing.--Section 7(c) of Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-
502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--
``(A) In general.--The Secretary may, without further
appropriation and without fiscal year limitation, accept any
amounts provided to the Secretary by the Administrator of the
Bonneville Power Administration.
``(B) Non-federal share.--Any amounts provided by the
Bonneville Power Administration directly or through a grant to
another entity for a project carried under the Program shall be
credited toward the non-Federal share of the costs of the
project.''.
(c) Report.--Section 9 of the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is
amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following: ``,
after partnering with local governmental entities and the States in
the Pacific Ocean drainage area,''.
(d) Authorization of Appropriations.--Section 10 of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005'' and
inserting ``2009 through 2015''; and
(2) in subsection (b), by striking paragraph (2) and inserting
the following:
``(2) Administrative expenses.--
``(A) Definition of administrative expense.--In this
paragraph, the term `administrative expense' means, except as
provided in subparagraph (B)(iii)(II), any expenditure relating
to--
``(i) staffing and overhead, such as the rental of
office space and the acquisition of office equipment; and
``(ii) the review, processing, and provision of
applications for funding under the Program.
``(B) Limitation.--
``(i) In general.--Not more than 6 percent of amounts
made available to carry out this Act for each fiscal year
may be used for Federal and State administrative expenses
of carrying out this Act.
``(ii) Federal and state shares.--To the maximum extent
practicable, of the amounts made available for
administrative expenses under clause (i)--
``(I) 50 percent shall be provided to the State
agencies provided assistance under the Program; and
``(II) an amount equal to the cost of 1 full-time
equivalent Federal employee, as determined by the
Secretary, shall be provided to the Federal agency
carrying out the Program.
``(iii) State expenses.--Amounts made available to
States for administrative expenses under clause (i)--
``(I) shall be divided evenly among all States
provided assistance under the Program; and
``(II) may be used by a State to provide technical
assistance relating to the program, including any
staffing expenditures (including staff travel expenses)
associated with--
``(aa) arranging meetings to promote the
Program to potential applicants;
``(bb) assisting applicants with the
preparation of applications for funding under the
Program; and
``(cc) visiting construction sites to provide
technical assistance, if requested by the
applicant.''.
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT.
Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C.
720e(a)) is amended by striking paragraph (3) and inserting the
following:
``(3) the validity of any determination, permit, approval,
authorization, review, or other related action taken under any
provision of law relating to a gas transportation project
constructed and operated in accordance with section 103,
including--
``(A) subchapter II of chapter 5, and chapter 7, of title
5, United States Code (commonly known as the `Administrative
Procedure Act');
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(D) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
``(E) the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3101 et seq.).''.
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF ENERGY.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence
by striking ``7 Assistant Secretaries'' and inserting ``8 Assistant
Secretaries''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of Energy (7)''
and inserting ``Assistant Secretaries of Energy (8)''.
SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization chartered
under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled ``Lovelace
Respiratory Research Institute Land Conveyance'' and dated March
18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to matters
concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Department of the Air Force.
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the Administrator for
the National Nuclear Security Administration.
(b) Conveyance of Land.--
(1) In general.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9620(h)) and subject to valid existing
rights and this section, the Secretary of Energy, in consultation
with the Secretary of the Interior and the Secretary of the Air
Force, may convey to the Institute, on behalf of the United States,
all right, title, and interest of the United States in and to the
parcel of land described in paragraph (2) for research, scientific,
or educational use.
(2) Description of land.--The parcel of land referred to in
paragraph (1)--
(A) is the approximately 135 acres of land identified as
``Parcel A'' on the map;
(B) includes any improvements to the land described in
subparagraph (A); and
(C) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force under
paragraph (4).
(3) Other federal agencies.--The Secretary of the Interior and
the Secretary of the Air Force shall complete any real property
actions, including the revocation of any Federal withdrawals of the
parcel conveyed under paragraph (1) and the parcel described in
subsection (c)(1), that are necessary to allow the Secretary of
Energy to--
(A) convey the parcel under paragraph (1); or
(B) transfer administrative jurisdiction under subsection
(c).
(4) Reservation of utility infrastructure and access.--The
Secretary of the Air Force may retain ownership and control of--
(A) any portions of the utility system and infrastructure
located on the parcel conveyed under paragraph (1); and
(B) any rights of access determined to be necessary by the
Secretary of the Air Force to operate and maintain the
utilities on the parcel.
(5) Restrictions on use.--
(A) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under paragraph (1).
(B) Reversion.--
(i) In general.--If, at any time, the Secretary of
Energy, in consultation with the Secretary of the Air
Force, determines, in accordance with clause (ii), that the
parcel conveyed under paragraph (1) is not being used for a
purpose described in subparagraph (A)--
(I) all right, title, and interest in and to the
entire parcel, or any portion of the parcel not being
used for the purposes, shall revert, at the option of
the Secretary, to the United States; and
(II) the United States shall have the right of
immediate entry onto the parcel.
(ii) Requirements for determination.--Any determination
of the Secretary under clause (i) shall be made on the
record and after an opportunity for a hearing.
(6) Costs.--
(A) In general.--The Secretary of Energy shall require the
Institute to pay, or reimburse the Secretary concerned, for any
costs incurred by the Secretary concerned in carrying out the
conveyance under paragraph (1), including any survey costs
related to the conveyance.
(B) Refund.--If the Secretary concerned collects amounts
under subparagraph (A) from the Institute before the Secretary
concerned incurs the actual costs, and the amount collected
exceeds the actual costs incurred by the Secretary concerned to
carry out the conveyance, the Secretary concerned shall refund
to the Institute an amount equal to difference between--
(i) the amount collected by the Secretary concerned;
and
(ii) the actual costs incurred by the Secretary
concerned.
(C) Deposit in fund.--
(i) In general.--Amounts received by the United States
under this paragraph as a reimbursement or recovery of
costs incurred by the Secretary concerned to carry out the
conveyance under paragraph (1) shall be deposited in the
fund or account that was used to cover the costs incurred
by the Secretary concerned in carrying out the conveyance.
(ii) Use.--Any amounts deposited under clause (i) shall
be available for the same purposes, and subject to the same
conditions and limitations, as any other amounts in the
fund or account.
(7) Contaminated land.--In consideration for the conveyance of
the parcel under paragraph (1), the Institute shall--
(A) take fee title to the parcel and any improvements to
the parcel, as contaminated;
(B) be responsible for undertaking and completing all
environmental remediation required at, in, under, from, or on
the parcel for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents, in the same manner and
to the same extent as required by law applicable to privately
owned facilities, regardless of the date of the contamination
or the responsible party;
(C) indemnify the United States for--
(i) any environmental remediation or response costs the
United States reasonably incurs if the Institute fails to
remediate the parcel; or
(ii) contamination at, in, under, from, or on the land,
for all environmental conditions relating to or arising
from the release or threat of release of waste material,
substances, or constituents;
(D) indemnify, defend, and hold harmless the United States
from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal, or
any other acts or omissions by the Institute and any officers,
agents, employees, contractors, sublessees, licensees,
successors, assigns, or invitees of the Institute arising from
activities conducted, on or after October 1, 1996, on the
parcel conveyed under paragraph (1); and
(E) reimburse the United States for all legal and attorney
fees, costs, and expenses incurred in association with the
defense of any claims described in subparagraph (D).
(8) Contingent environmental response obligations.--If the
Institute does not undertake or complete environmental remediation
as required by paragraph (7) and the United States is required to
assume the responsibilities of the remediation, the Secretary of
Energy shall be responsible for conducting any necessary
environmental remediation or response actions with respect to the
parcel conveyed under paragraph (1).
(9) No additional compensation.--Except as otherwise provided
in this section, no additional consideration shall be required for
conveyance of the parcel to the Institute under paragraph (1).
(10) Access and utilities.--On conveyance of the parcel under
paragraph (1), the Secretary of the Air Force shall, on behalf of
the United States and subject to any terms and conditions as the
Secretary determines to be necessary (including conditions
providing for the reimbursement of costs), provide the Institute
with--
(A) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed under
that paragraph; and
(B) access to utility services for the land and any
improvements to the land conveyed under that paragraph.
(11) Additional term and conditions.--The Secretary of Energy,
in consultation with the Secretary of the Interior and Secretary of
the Air Force, may require any additional terms and conditions for
the conveyance under paragraph (1) that the Secretaries determine
to be appropriate to protect the interests of the United States.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--After the conveyance under subsection (b)(1)
has been completed, the Secretary of Energy shall, on request of
the Secretary of the Air Force, transfer to the Secretary of the
Air Force administrative jurisdiction over the parcel of
approximately 7 acres of land identified as ``Parcel B'' on the
map, including any improvements to the parcel.
(2) Removal of improvements.--In concurrence with the transfer
under paragraph (1), the Secretary of Energy shall, on request of
the Secretary of the Air Force, arrange and pay for removal of any
improvements to the parcel transferred under that paragraph.
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL
BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by adding
at the end the following:
``Sec. 153514. Authorization of appropriations
``(a) In General.--Subject to subsection (b), there is authorized
to be appropriated to the corporation for operation and maintenance
expenses $500,000 for each of fiscal years 2008 through 2017.
``(b) Limitation.--Any Federal funds made available under
subsection (a) shall be matched on a 1-to-1 basis by non-Federal
funds.''.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Christopher and Dana Reeve
Paralysis Act''.
Subtitle A--Paralysis Research
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH
RESPECT TO RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes of
Health (referred to in this title as the ``Director''), pursuant to the
general authority of the Director, may develop mechanisms to coordinate
the paralysis research and rehabilitation activities of the Institutes
and Centers of the National Institutes of Health in order to further
advance such activities and avoid duplication of activities.
(b) Christopher and Dana Reeve Paralysis Research Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic operating
support for consortia in paralysis research. The Director shall
designate each consortium funded through such grants as a
Christopher and Dana Reeve Paralysis Research Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that result
from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members or
other researchers for scientific and translational purposes.
(3) Coordination of consortia; reports.--The Director may, as
appropriate, provide for the coordination of information among
consortia under paragraph (1) and ensure regular communication
among members of the consortia, and may require the periodic
preparation of reports on the activities of the consortia and the
submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under paragraph
(1) may use the facilities of a single lead institution, or be
formed from several cooperating institutions, meeting such
requirements as may be prescribed by the Director.
(c) Public Input.--The Director may provide for a mechanism to
educate and disseminate information on the existing and planned
programs and research activities of the National Institutes of Health
with respect to paralysis and through which the Director can receive
comments from the public regarding such programs and activities.
Subtitle B--Paralysis Rehabilitation Research and Care
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH
RESPECT TO RESEARCH WITH IMPLICATIONS FOR ENHANCING DAILY FUNCTION FOR
PERSONS WITH PARALYSIS.
(a) In General.--The Director, pursuant to the general authority of
the Director, may make awards of grants to public or private entities
to pay all or part of the costs of planning, establishing, improving,
and providing basic operating support to multicenter networks of
clinical sites that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or more forms of
paralysis that result from central nervous system trauma, disorders, or
stroke, or any combination of such conditions.
(b) Research.--A multicenter network of clinical sites funded
through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional losses,
especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to improve
function and independence; and
(E) understanding whole body system responses to physical
impairments, disabilities, and societal and functional
limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The
Director may, as appropriate, provide for the coordination of
information among networks funded through this section and ensure
regular communication among members of the networks, and may require
the periodic preparation of reports on the activities of the networks
and submission of reports to the Director.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH
PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services (in
this subtitle referred to as the ``Secretary'') may study the unique
health challenges associated with paralysis and other physical
disabilities and carry out projects and interventions to improve the
quality of life and long-term health status of persons with paralysis
and other physical disabilities. The Secretary may carry out such
projects directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a) may
include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on paralysis and
other physical disabilities, to be carried out in coordination with
the State-based Disability and Health Program of the Centers for
Disease Control and Prevention;
(2) support for programs to disseminate information involving
care and rehabilitation options and quality of life grant programs
supportive of community-based programs and support systems for
persons with paralysis and other physical disabilities;
(3) in collaboration with other centers and national voluntary
health agencies, the establishment of a population-based database
that may be used for longitudinal and other research on paralysis
and other disabling conditions; and
(4) the replication and translation of best practices and the
sharing of information across States, as well as the development of
comprehensive, unique, and innovative programs, services, and
demonstrations within existing State-based disability and health
programs of the Centers for Disease Control and Prevention which
are designed to support and advance quality of life programs for
persons living with paralysis and other physical disabilities
focusing on--
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the community;
and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance with the
following:
(1) To State and local health and disability agencies for the
purpose of--
(A) establishing a population-based database that may be
used for longitudinal and other research on paralysis and other
disabling conditions;
(B) developing comprehensive paralysis and other physical
disability action plans and activities focused on the items
listed in subsection (b)(4);
(C) assisting State-based programs in establishing and
implementing partnerships and collaborations that maximize the
input and support of people with paralysis and other physical
disabilities and their constituent organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and health
programs;
(E) providing education and training opportunities and
programs for health professionals and allied caregivers; and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve health
and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living with
paralysis and other physical disabilities and their caregivers;
(C) testing model intervention programs to improve health
and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate by the
agencies of the Department of Health and Human Services.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000
for each of fiscal years 2008 through 2011.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARYLAND.
(a) Authority To Design and Construct.--The Board of Regents of the
Smithsonian Institution is authorized to design and construct
laboratory and support space to accommodate the Mathias Laboratory at
the Smithsonian Environmental Research Center in Edgewater, Maryland.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $41,000,000 for
fiscal years 2009 through 2011. Such sums shall remain available until
expended.
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.
(a) Authority To Construct.--The Board of Regents of the
Smithsonian Institution is authorized to construct laboratory space to
accommodate the terrestrial research program of the Smithsonian
tropical research institute in Gamboa, Panama.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $14,000,000 for
fiscal years 2009 and 2010. Such sums shall remain available until
expended.
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) In General.--The Board of Regents of the Smithsonian
Institution is authorized to construct a greenhouse facility at its
museum support facility in Suitland, Maryland, to maintain the
horticultural operations of, and preserve the orchid collection held in
trust by, the Smithsonian Institution.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this section. Such sums shall
remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.