[Congressional Record Volume 140, Number 39 (Wednesday, April 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
CALIFORNIA DESERT PROTECTION ACT OF 1993
The ACTING PRESIDENT pro tempore. Under the previous order, the hour
of 9:45 a.m. having arrived, the Senate will now proceed to the
consideration of S. 21, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 21) to designate certain lands in the California
Desert as wilderness, to establish Death Valley, Joshua Tree
and Mojave National Parks, and for other purposes.
The Senate resumed consideration of the bill.
The ACTING PRESIDENT pro tempore. Under the previous order, the time
between now and 10 a.m. is under the control of the Senator from West
Virginia [Mr. Byrd].
The Senator from West Virginia is recognized.
Mr. BYRD. Mr. President, how much time does the Senator need?
Mr. NICKLES. Two minutes.
Mr. BYRD. I yield 2 minutes.
The ACTING PRESIDENT pro tempore. The Senator from Oklahoma is
recognized for 2 minutes.
Mr. NICKLES. Mr. President, I wish to compliment my colleagues for
their bill, but I rise in opposition because of the position I have as
ranking Republican on the Interior Appropriations Committee.
I am afraid that by transferring a large amount of land from BLM to
the Park Service with inholdings of thousands and thousands of acres,
people are going to expect the Park Service to buy them, and this is
going to greatly exceed the Park Service's funding capabilities.
We do not appropriate enough money to fulfill commitments that were
made in past years. We have a backlog of acquisition requests from our
colleagues that we have not been able to fund. The additions that are
required by the California Desert bill will greatly exceed our
capability to fullfill those commitments.
I am concerned that we are taking action which will cause people to
expect the Federal Government to purchase these inholdings, and I can
just say as a person who works on the subcommittee that appropriates
money for the Park Service, I do not believe the money is there, not
this year, and I doubt that the money will be there in the next several
years. So I am afraid we are building false expectations and putting
additional burdens on the Park Service which, frankly, already has more
lands than it is able to adequately maintain.
That bothers me. I think we should take care of the parks that we now
have, and not add millions more acres.
The ACTING PRESIDENT pro tempore. The Senator from West Virginia is
recognized.
Mr. BYRD. Mr. President, I thank my distinguished colleague from
Oklahoma, the ranking member of the Appropriations Subcommittee on the
Department of the Interior.
Mr. President, the legislation before the Senate today proposes to
set aside more than 6.6 million acres of land in California as
wilderness or national parks. The objective of the legislation is to
protect the desert ecosystem of southern and eastern California. The
worthiness of the resources of the California Desert and the need for
their protection are not in question. In fact, much of the land
involved in this legislation is already in Federal ownership and is
already protected and managed pursuant to the California Desert
protection plan developed by the Bureau of Land Management.
The two distinguished Senators from California have been very
steadfast in their dedication and their commitment to further
protection for the California Desert. I commend them for their effort.
Senator Feinstein, who is a member of the Appropriations Committee, has
worked extensively to accommodate many of the concerns of various
parties interested in the future of the California Desert.
However, as chairman of the Appropriations Committee, and more
specifically, as chairman of the Interior Appropriations Subcommittee,
I must call attention to the potential costs of this legislation. The
additional protection needs for the resources of the California Desert
must be viewed in the context of the many other needs confronting the
40 different agencies that are funded by the Interior Appropriations
Subcommittee. These programs range all the way from resource
protection, to scientific research, to health care for Indians, to arts
and cultural programs. It is rare--extremely rare--for any of these
agencies to testify before the Interior Appropriations Subcommittee
that they have enough money to meet current responsibilities.
In fact, overall, the major agencies funded in the Interior bill have
identified a backlog of some $6 billion in maintenance and repair needs
for their existing physical infrastructure. Moreover, within our
existing national park boundaries, there are private lands totaling
some 336,000 acres that have long been authorized for acquisition, but
which have not been purchased due to funding constraints. The pending
legislation would serve to increase these burdens by drawing yet
another boundary within which it will be expected that the Federal
Government will somehow provide the funding necessary to purchase and
maintain these privately held lands.
Operational requirements in the existing parks are already suffering
because appropriations are not able to keep pace with the effect of
inflation, as well as the increased costs for Federal pay and
retirement benefits. On top of this, Mr. President, Governmentwide
staffing is expected to decrease by 272,900 full-time equivalent
employees, which will affect most immediately those agencies which use
temporary and seasonal employees, such as the Park Service. While these
positions are often the easiest to cut, they are among the most visible
in the system--it is the work of the seasonal and temporary employees
that is most noticed by visitors to the parks. These employees are the
ones who conduct the tours, lead the nature hikes, staff the visitor
centers, maintain the grounds, clean the restrooms, replace damaged
signs, and pass out the maps. How can we ask existing parks to cut back
on these types of services while at the same time establishing new
parks such as those created in this bill?
All of these factors affect our existing Park System. Expanding the
System will add further burdens on the Interior Appropriations
Subcommittee's ability to fund significant national resources, whether
they be natural, cultural, or historic. The time has come for us to get
realistic about our parks. We cannot expect everything to be protected
and paid for 100 percent by the Federal Government. We have other
national needs, as well as a huge deficit to contend with. We have to
begin considering alternative means of protecting and maintaining our
national treasures. Such options might include spending limits on
capital development, prohibitions on land acquisition, local cost-
sharing, or making the long-term operations of an area the
responsibility of an appropriate non-Federal entity.
The California Desert legislation before the Senate takes none of
these steps. Capital development costs are unknown, but current
experience with the Park Service tells us it is likely to be expensive.
Land acquisition costs vary, depending on who is doing the estimating,
but range from $88 to $300 million. Operational and staffing needs,
totaling in the millions of dollars, will exist in perpetuity--once an
area is designated as part of the National Park System, it is rarely
removed. The Interior Department has estimated the near-term management
costs to implement this legislation to be an additional $53 million.
The Department claims it can cover these costs within its fiscal year
1995 budget request, but does so at the expense of the construction and
land acquisition accounts that are intended to help address the
existing backlog.
When an area becomes designated as a unit of the National Park
System, the American public has come to expect a quality of service of
which they can be proud. The visitors to our parks expect the resources
for which they were established to be protected, the laws to be
enforced, interpretation and education to occur, visitor services to be
provided, and safety to be protected. It takes money to fulfill these
objectives--personnel in the form of biologists, hydrologists,
historians, archaeologists, landscape architects; construction dollars
for visitor facilities such as campgrounds, restrooms, kiosks, and
interpretive displays; and equipment such as ambulances and 4-wheel-
drive vehicles to aid in search and rescue missions. If we are not able
to fund these needs adequately in existing park units, which we clearly
are not, is it responsible for us to create new expectations by passing
the legislation before the Senate, when the resources necessary to
fulfill these expectations will be difficult, if not impossible, to
provide in the coming years?
I realize that this legislation is going to pass this body. But, I
feel that I would be somehow remiss in my duty as chairman of the
Senate Appropriations Committee if I did not point out that there are
critical competing needs in education, healthcare, transportation, and
in fact, in almost every area of the Federal budget. As I have already
explained, we cannot adequately maintain the parks that we now have,
nor buy the lands which the authorizing committees have told us to buy.
Having three new beautiful national parks would be nice. In an age when
the United States enjoyed small deficits, creating those new parks
would be desirable, but we, in this Chamber, have to come to grips with
the realities of the age in which we live. One does not go out and buy
a Cadillac when one cannot make the payments on the family Ford. One
must learn to prioritize. A commitment this large is simply not
appropriate in these times of desperately large deficits and so many,
many pressing national needs. It is because of these concerns, and not
because of a lack of appreciation about the significance of the
California desert, that I must oppose S. 21.
Mr. President,
Thus we may see, how the world wags:
'Tis but an hour ago since it was nine;
And after one hour more 'twill be eleven;
And so, from hour to hour, we ripe and ripe,
And then, from hour to hour, we rot and rot;
And as we proceed to pass this legislation, apparently from day to
day and year to year we will spend and spend, ``and thereby hangs a
tale.''
Mr. BURNS. Mr. President, I rise today to voice my opposition to the
California Desert bill, S. 21. I am greatly concerned by what this bill
will do to already tight fiscal constraints on our National Park System
and the question of private property.
S. 21 will cause further fiscal hardships on Yellowstone and Glacier
National Parks. These parks are already in need of repair, and we can't
tighten our belts much more without jeopardizing the infrastructure and
natural beauty of these parks. This bill adds 3 million new acres--or
three new Yellowstones--to our National Park System, and I don't know
how we are going to pay for the 80 million acres we already have.
I would like to give two examples. This year, I am going to attempt
to secure funding for the renovation of two chalets in Glacier National
Park. These chalets are historic but are not in compliance with State
environmental laws. Yet, the Park Service has not added these to their
priority list--it doesn't rate high enough on their already long list.
Our Nation's oldest park, Yellowstone National Park is in need of
updated facilities to accommodate the growing use of the park in the
winter. While millions of visitors come to the park in the summer,
Yellowstone is increasingly attractive to visitors in the winter
months, as well.
Where are we going to get the funds to pay for these new parks? To me
it is simple, Yellowstone and Glacier National Parks are going to
suffer by the creation of these new national parks in California.
Also, I am greatly concerned about the taking of private property by
this bill. While these actions may be occurring in California, it does
effect Montanans. Private property rights are protected by the fifth
amendment of the Constitution which states ``nor shall private property
be taken for public use, without just compensation.'' Yet, many laws
have been encroaching further and further on this right because people
in Washington do not respect or understand the importance of
maintaining this right.
This bill places 500,000 acres of private holdings inside of Federal
conservation units. This means that these private property owners will
be greatly restricted on what actions they can engage in on their own
land. This bill authorizes the purchase of these lands--but that still
doesn't fully protect private property rights.
Last, the cost of this bill is too high. According to the
Congressional Budget Office, the acquisition of private property alone
which is authorized in this bill, would cost somewhere between $100 to
$500 million. The administrative and construction costs over the next 5
years would cost $36 million, and $1 million lost in offsetting
receipts for fiscal years from 1995 to 1998.
Mr. President, I cannot support this bill. I would urge my colleagues
to vote against S. 21.
I yield the floor.
Mr. NUNN. Mr. President, I am pleased to be cosponsor of S. 21, the
California Desert Protection Act. I congratulate Senator Feinstein for
addressing and resolving the many issues that have been associated with
protecting the California Desert. It has been a pleasure working with
the Senator from California on this bill.
This bill designates approximately 4 million acres of wilderness;
adds 3 million acres of national park lands; designates 4 million acres
of national park wilderness; adds 20,500 acres to an existing
California park; and establishes a 2,040-acre Desert Lily Sanctuary.
Several years ago, when this legislation was first introduced, by
former Senator Cranston, the Department of Defense and the Armed
Services Committee were concerned that the creation of new park and
wilderness land might impact future expansion of military training
areas, or interfere with existing testing and training activities,
particularly those activities involving use of the air space above the
desert. Last year Senator Cranston and the members of the Committee on
Energy and Natural Resources began a discussion to address these
concerns. Senator Feinstein continued this discussion and resolved the
concerns of the Defense Department and the military services.
The training and testing lands of the southern California Desert are
a crucial component of maintaining readiness. Key military
installations in southern California include the Marine Corps Base at
Twenty-Nine Palms, the Chocolate Mountain Aerial Gunnery Range, Edwards
Air Force Base, China Lake Naval Weapons Center, and Ft. Irwin, the
home of the Army's National Training Center.
As the U.S. military draws down its forces and closes bases and
training and testing areas overseas, the training and testing lands of
the southern California Desert increase in their importance to
maintaining capable and ready forces. Senator Feinstein recognized the
importance of the southern California Desert to military readiness. S.
21 addresses this national requirement and ensures that the military
can continue to train in the southern California Desert area.
The Department of Defense and the military services are committed to
training but they are equally committed to protecting and preserving
the natural environment. I believe that the military's use of the
desert land and the airspace above it is consistent with protecting and
preserving the fragile desert ecosystems.
This is a very complex bill Mr. President. It addresses critically
important issues of development and environmental protection in the
very special and unique lands of the southern California Desert. I want
to thank Senator Feinstein for her work on this bill and specifically
in addressing the needs of the military in the southern California
Desert.
Mr. DOLE. Mr. President, I will vote against final passage of this
bill, but do so with some reservation. When considering public lands
issues, the Senate has traditionally given great latitude to the two
Senators from the State in which the land lies. In this instance, both
Senators favor the bill.
However, our former colleague and the current Governor of California,
Pete Wilson, has serious objections to the bill. As well, all four
Members of the U.S. House of Representatives who represent the area in
question are opposed to the bill in its present form. I ask unanimous
consent that letters from the House delegation and Governor Wilson
appear at this point in the Record.
I don't think there is much difference in opinion about whether the
California Desert is a treasured national resource that deserves
protection. But, as articulated by both the chairman and ranking
members of the Appropriations Subcommittee on Interior have pointed
out, we simply do not have the resources to pay for the management
technique envisioned by this legislation.
We have a responsibility to protect all of our natural treasures, and
passing this bill will further exacerbate the lack of funds available
to operate other national parks--including Yosemite, Death Valley, and
the Golden Gate National Park in San Francisco. Until we find some way
to better care for the parks we have already created, it would be a
mistake to create additional park lands.
Therefore, Mr. President, I will vote against final passage and hope
a better protection plan can be devised.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
State Capitol,
Sacramento, CA, April 11, 1994.
Hon. Malcolm Wallop,
U.S. Senate,
Washington, DC.
Dear Senator Wallop: Thank you for your inquiry regarding
my views on the version of the California Desert Protection
Act being taken up by the Senate today. As you know, on
September 28, 1993, I sent a letter to Senator Feinstein and
the members of the Energy and Natural Resources Committee
outlining the problems with the legislation and requesting
nine specific and highly reasonable amendments. With the
exception of a provision permitting the continuation of
military overflights, none of the amendments requested have
been dealt with adequately, and new problems have been
created. For these reasons, I cannot support S. 21 in its
current form.
As I have pointed out many times, it is ironic that under
S. 21 many who now visit and enjoy the desert and wish to see
it preserved will be barred from any further enjoyment
themselves. For many visitors, motor vehicles are the only
reasonable method of accessing the desert. By placing vast
areas off-limits to anyone but backpackers and those with
horses, many people will find their recreational
opportunities dramatically reduced.
The negative economic impacts of S. 21 continue to be
troublesome to me as well. As California climbs out of a
painful recession, it is extremely important that all steps
possible be taken to maximize the state's future economic
vitality. Putting new mining off-limits in much of the
California Desert is a step in the wrong direction.
Provisions can be made in the legislation to promote future
mineral development in certain important areas without
significantly diminishing the overall preservation objectives
of the legislation.
One of the most pressing issues that must be dealt with on
the Senate floor is a provision added to the bill in
committee that will allow the State Lands Commission to trade
its lands in the desert for surplus federal property
throughout California. The priority given to the State Lands
Commission threatens to seriously hinder our ongoing efforts
in the state to revitalize communities that have been
afflicted by military base closings. The state has been
supportive of transferring surplus property at closed bases
to local economic redevelopment authorities free of
charge. As S. 21 currently stands, surplus lands will be
used to pay for desert protection rather than to benefit
local communities that have been hard-hit by base
closures.
As you know, the original reason a special provision was
included for the State Lands Commission was due to a fear
that surplus BLM and other lands that would normally be
offered up for exchange would be inadequate to deal with a
quantity of land as vast as that in S. 21. The State Lands
Commission has a fiduciary duty to maximize the value of its
holding to benefit California's retired school teachers. Many
former military properties are valuable real estate and would
be grabbed up quickly. It would be tragic if local
communities or businesses would have to buy the properties
back before redevelopment could proceed.
A number of more specific concerns remain to be addressed
as well. California's Department of Transportation has
requested rapid emergency access to desert wilderness areas
to deal with accidents and hazardous materials spills.
Language must also be included to allow for the future
realignment of State Route 190 through Death Valley National
park. Current report language requires that any realignment
be accomplished within the existing right-of-way, something
that will be difficult, if not impossible, to achieve. The
inclusion of a provision allowing for a realignment that is
mutually acceptable to Caltrans and the Park Superintendent
would suffice.
Additionally, active wildlife management is needed in the
desert to assist endangered, threatened, and sensitive
species and to mitigate the damage to natural springs caused
by wild burros and the invasion of non-native plants. Yet the
language included on fish and wildlife management continues
to be wholly inadequate. The California Department of Fish
and Game has requested that the East Mojave and the Hunter
Mountain expansion of Death Valley be left under the
jurisdiction of the BLM. Even simply designating these areas
as NPS ``National Preserves'' instead of the proposed park
status would permit continued hunting and access for
scientific research and wildlife management.
California law enforcement entities, including the
California Highway Patrol, have also signaled their
objections to restrictions that will be placed on search and
rescue efforts, drug enforcement, Border Patrol interdiction,
and other related operations. The current provisions in
Section 103(g) of the bill place restrictions on law
enforcement that are unnecessary and unacceptable. Law
enforcement officials, including those representing local
agencies, must be given access to wilderness and park areas
throughout the southern desert area. Furthermore, the
proposed wilderness designation for Jacumba and Fish Creek
must be dropped entirely from the bill, given the proximity
of these areas to the border and their strategic importance
to smugglers.
I fully share the desire of Senator Feinstein to preserve
California's precious desert areas for future generations.
However, in its current form, S. 21 will do more harm than
good. I urge your assistance in amending S. 21 to reconcile
the worthy goal of desert protection with the legitimate
economic and resource issues that remain as problems.
Sincerely,
Pete Wilson,
Governor.
____
Congress of the United States,
House of Representatives,
Washington, DC, April 11, 1994.
Dear Senate Colleague: Prior to your consideration of the
California Desert Protection Act this week, we thought you
might be interested to learn our thoughts regarding S.21.
Despite claims to the contrary, there are numerous problems
with S.21 as it is presently written. These problems include
the hindrance of law enforcement activities along the Mexican
border, the overwhelming administrative and financial backlog
of an already beleaguered National Park Service, and placing
new and questionable financial burdens on the U.S. taxpayer.
Nearly every State contains at least one National Park
Service (NPS) venue. We are all aware of the funding backlog
which exists for such mundane things as routine operations
and maintenance, ranger and staff housing facilities, and
interpretive and visitor centers. For example, the Death
Valley National Monument is seeking $12 million to construct
employee housing for its current employees. The President's
FY 1995 budget contains no money for this initiative. If we
can not keep up with the demands placed on current units of
the NPS, why should we enlarge the system and cause further
backlogs?
The woes of the NPS are well documented in the Vice
President's National Performance Review (NPR). One
recommendation in the NPR is to increase user and visitor
fees at existing National Park venues. One effect of S.21
would be to add roughly 2.7 million acres to the NPS, much of
which would be a 1.2 million acre Park in the East Mojave
Desert. This is an area which is presently being well managed
by the Bureau of Land Management in accordance with the
Congressionally designated California Desert Conservation
Area (CDCA).
We question the logic of expanding the NPS in such dramatic
fashion at a time when so many of our existing Parks and
Monuments are in obvious and dire need of financial
attention. The President's FY 1995 budget contains only
minimal transition funding for the enactment of S.21. The
subsequent five years after its enactment, S.21 will cost at
least $125 million. This $125 million does not include land
acquisition or construction. Where will the money come from
to pay for the new demands created by S.21? Existing
resources will be siphoned off from other NPS facilities
around the country.
We are not under any illusions about preventing a vote on
final passage of S.21 in the Senate. However, several
amendments to S.21 will be offered by Senator Wallop and
other members of the Energy and Natural Resources Committee
which we believe merit your support. These are not ``Killer''
amendments, but rather sensible ones. We respectfully ask
that you give them your strongest consideration. After all,
as a result of thoughtful and deliberate debate, this
legislation has failed to pass since its introduction in
1986.
We remain opposed to the bill as a whole because we have
yet to be invited to the table to offer our input on this
issue that so dramatically impacts our districts and ignores
the views of our constituents.
Please don't hesitate to contact any one of us directly if
you have any questions or would like further details.
Combined, we have represented the vast majority of the
California desert in the House for well over 50 years. Thank
you for your attention.
Sincerely,
Jerry Lewis,
Duncan Hunter,
Al McCandless,
Bill Thomas,
Members of Congress.
____
Congress of the United States,
House of Representatives,
Washington, DC, April 12, 1994.
Support the East Mojave National Monument
Dear Senate Colleague: The East Mojave National Scenic Area
(EMNSA) is currently being managed by the Bureau of Land
Management in accordance with the congressionally mandated
Federal Land Policy Management Act of 1976.
Under S. 21, the National Park Service would be charged
with the responsibility of managing this 1.5 million acre
area. With the proposed personnel reductions at the NPS, an
estimated 3,700 park rangers and staff will be eliminated
over the next five years. The NPS is unable to meet its
existing obligations let alone adequately fund and manage
this massive addition. We have already witnessed facility
closures, reductions of interpretive and visitor service
programs, and basic maintenance projects--all within our
existing park system! All this is happening now.
Why should we burden this system with 1.5 million
additional acres already being managed in accordance with
congressional intent!!
Why should existing parks across the country sacrifice
their already scarce resources to pay for a 1.5 million acre
addition whose park quality is questioned by career employees
at both the NPS and BLM?
Support the Wallop amendment to S.21. Upgrade the East
Mojave National Scenic Area to a National Monument to be
administered by existing BLM resources. If you want to really
protect the East Mojave, provide the BLM adequate resources
to do the job.
Sincerely,
Jerry Lewis,
Duncan Hunter,
Al McCandless,
Bill Thomas,
Members of Congress.
Mr. BIDEN. I am pleased to have been a cosponsor of the California
desert protection bill, which the Senate passed this morning. We have
finally been able to secure lasting protection for the irreplaceable
ecosystems in the desert of southern California.
The California Desert Protection Act was first introduced in 1985.
After more than 8 years of effort, the Senate vote today clears the way
for establishment of the largest wilderness area ever created in the
lower 48 States. The act will protect 6.4 million of the 25 million
acres of the southern California desert as wilderness and national park
areas.
The desert teems with more than 760 species of wildlife, including
bighorn sheep and the endangered desert tortoise. The topography of the
desert includes giant dunes, extinct volcanoes, and more than 100,000
archeological sites. The desert is also home to a vast array of plant
life, including the oldest Joshua tree forest in the country. Careless
exploitation of the desert's resources can destroy what has existed for
tens of thousands of years.
The vital task of preserving fragile ecosystems and the biodiversity
that exists within them is one of the Federal Government's most
important responsibilities. The citizens and scientists,
environmentalists and government officials who worked so hard for the
California Desert Protection Act over the years can be proud of their
perseverance in getting this wilderness area established.
The California Desert Protection Act of 1993 will ensure that the
remarkable assets of the California desert will be treasured by our
grandchildren. It will also serve as an example of the far-sighted
environmentalism that provides hope for us all.
Mr. DORGAN. Mr. President, I wish to briefly note my support for this
bill, and for the efforts of Senator Feinstein, the sponsor, and
Senator Johnston, chairman of the committee of jurisdiction, in
bringing this bill to the floor.
Because the California Desert Protection Act will affect the costs of
managing Federal lands, we in Congress must retain authority over this
legislation to ensure that any commitments for future Federal costs are
responsible and necessary. This was a primary concern of the Energy and
Natural Resources Committee when we considered this bill.
Beyond the question of Federal costs, however, this is a California
plan for public lands in that State, put together mostly by long
discussions and debate among Californians. It is a plan on which former
Senator Cranston of California worked with his constituents for many
years to set aside some parts of that State as permanent wilderness,
wildlife preserves, and public parks.
Certainly, I understand that not all residents of California agree
with this bill. However, in the main, this is a California plan for
Californians, and we ought to allow Senator Feinstein and her
constituents some latitude in determining the future of natural and
scenic areas of their State.
I would like to say that many of us in North Dakota are now
considering ways in which we might set aside certain natural and scenic
areas in our western counties, most of which are under the management
of the U.S. Forest Service. Many in North Dakota want to preserve a few
areas from oil exploration or other development that would disturb or
mar those area. I share that desire and I hope we are able to produce a
North Dakota plan, put together by a consensus of North Dakotans. I
hope that this body one day will support such a plan for North Dakota
if it is presented to Congress for approval.
Thank you for this opportunity to express my support for California's
wilderness plan.
Mr. CHAFEE. Mr. President, I am proud to be listed as a cosponsor of
the California desert bill now before us, and commend Senator Feinstein
and the chairman of the Energy Committee, Senator Johnston, for their
efforts to bring this measure to the floor.
I have long supported legislation to conserve America's landscapes.
Indeed, my keen interest in this area dates back to my time as Governor
of Rhode Island during the mid-1960's, when I signed into law
legislation to establish an open space program in my State.
But as the Senator from California knows, I did not sign onto this
bill until about a month ago. Many had raised concerns with me about
the legislation, and before I joined as a cosponsor, I wanted to make
sure that I had all the facts.
One of the greatest concerns surrounding S. 21 has been its cost. As
has been pointed out by many, the proposed new national parks and
wilderness areas do contain some large privately owned parcels, and
some have argued that acquiring those lands will be extremely
expensive. Indeed, the Congressional Budget Office has estimated that
acquiring these lands could cost anywhere between $100 and $300 million
over the next 10 years. That is not an insignificant amount of money.
However, after looking at this issue in more detail, I have learned
that there are some sizable holes in the CBO estimate. First, it does
not take into account the fact that the Bureau of Land Management
already has in place conservation plans developed during the Reagan and
Bush administrations, under which the BLM has been acquiring, and will
continue to acquire land in the California desert. Indeed, according to
Secretary Babbitt, the land acquisition envisioned in S. 21 is less
than originally planned by the BLM. Thus, as the Secretary points out,
the acquisition costs of S. 21 are not new. They have been contemplated
by the BLM for some time.
A second point that should be made about these cost estimates is that
they assume that the Federal Government will actually have to purchase
every single private parcel within the boundaries established by this
bill. This is a highly unlikely scenario, as a great many landowners
likely will exchange their land for other nondesignated Federal
parcels. Many also will be happy to keep their land and abide by the
limitations that come with a park or wilderness area designation. Thus,
while there is no question that the enactment of S. 21 will require new
spending, it seems to me that money of the predictions about its cost
have been greatly exaggerated.
Before cosponsoring, I also wanted to know what was being done to
address the concerns of those who currently use the desert in ways that
would conflict with the national park or wilderness designations. I
must say that I have been extremely impressed with the lengths to which
Senator Feinstein has gone to accommodate those interests. She has not
demagogued on this issue or tried to vilify her opponents as inflexible
enemies of the environment. Instead, she has listened to their worries,
and wherever possible, has modified her bill to address them. Dozens of
amendments have been made to mitigate the impact of this legislation on
miners, ranchers, private property owners, and off-road vehicle
enthusiasts. I am satisfied that S. 21, as it now stands, is a
thoroughly considered, well-balanced piece of legislation.
Now, the opponents of this bill, particularly the Senator from
Wyoming, have argued very forcefully that the Park Service is
overburdened already, that there simply are no funds available to
manage these new areas or to acquire the private inholdings within
their boundaries.
There is no question that times are very tight. Clearly, it would be
ideal if there were more money to go around. But opportunities to
preserve such a spectacular region as the California desert do not
occur every day. It has taken 8 years to get to this point, and I
believe we must take advantage of this historic opportunity while we
have the chance. It may take some time before we can manage these areas
in the manner in which we'd like to. But in my view, the important
thing now is to take care of the designation--to draw the boundaries
around the areas we want to protect for our children and their
children.
I can think of no instance where the Government has designated an
area as a park and years later people have looked back, regretted the
decision, and tried to reverse it. As we continue to develop and
extract resources from the remaining open spaces in our Nation, it is
important that we ensure that there will always be places where people
can get away and renew their spirits, breathe fresh air, and appreciate
nature's gifts.
Mr. President, going back to Theodore Roosevelt, the Republican party
has a great tradition of conserving our Nation's valuable landscapes.
This bill is in keeping with that tradition, and I look forward to its
approval by the Senate.
The PRESIDING OFFICER (Mr. Mathews). Under the previous order, the
hour of 10 o'clock having arrived, the question occurs on passage of S.
21, as amended. On this question, the yeas and nays have been ordered,
and the clerk will call the roll.
Mr. BYRD. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. BOXER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, the question occurs on passage of S. 21, as
amended. On this question, the yeas and nays have been ordered, and the
clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. FORD. I announce that the Senator from Delaware [Mr. Biden] is
necessarily absent.
I also announce that the Senator from Alabama [Mr. Shelby] is absent
because of illness.
I further announce that, if present and voting, the Senator from
Delaware [Mr. Biden] would vote ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 69, nays 29, as follows:
[Rollcall Vote No. 89 Leg.]
YEAS--69
Akaka
Baucus
Bingaman
Bond
Boren
Boxer
Bradley
Breaux
Bryan
Bumpers
Campbell
Chafee
Cohen
Conrad
Danforth
Daschle
DeConcini
Dodd
Domenici
Dorgan
Durenberger
Exon
Feingold
Feinstein
Ford
Glenn
Gorton
Graham
Grassley
Gregg
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kassebaum
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
Mathews
Metzenbaum
Mikulski
Mitchell
Moseley-Braun
Moynihan
Murray
Nunn
Pell
Pryor
Reid
Riegle
Robb
Rockefeller
Roth
Sarbanes
Sasser
Simon
Specter
Warner
Wellstone
Wofford
NAYS--29
Bennett
Brown
Burns
Byrd
Coats
Cochran
Coverdell
Craig
D'Amato
Dole
Faircloth
Gramm
Hatch
Helms
Hutchison
Kempthorne
Lott
Mack
McCain
McConnell
Murkowski
Nickles
Packwood
Pressler
Simpson
Smith
Stevens
Thurmond
Wallop
NOT VOTING--2
Biden
Shelby
So the bill (S. 21), as amended, was passed, as follows:
S. 21
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Desert Protection
Act of 1994''.
SEC. 2. FINDINGS AND POLICY.
(a) The Congress finds and declares that--
(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological,
wildlife, cultural, scientific, educational, and recreational
values used and enjoyed by millions of Americans for hiking
and camping, scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures
which would impair, dilute, and destroy their public and
natural values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general
public land statutes (including section 601 of the Federal
Land Policy and Management Act of 1976, 90 Stat. 2743, 43
U.S.C. 1701 et seq.) and through interim administrative
actions, the Federal government has begun the process of
appropriately providing for protection of the significant
resources of the public lands in the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land
values of the California desert merit.
(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness,
national parks, and public land values in the California
desert, it is hereby declared to be the policy of the
Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and wildlife
values associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural values of
the California desert associated with ancient Indian
cultures, patterns of western exploration and settlement, and
sites exemplifying the mining, ranching and railroading
history of the Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote
public understanding and appreciation of the California
desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
BUREAU OF LAND MANAGEMENT
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
SEC. 102. DESIGNATION OF WILDERNESS.
In furtherance of the purpose of the Wilderness Act (78
Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601 and 603
of the Federal Land Policy and Management Act of 1976 (90
Stat. 2743, 43 U.S.C. 1701 et seq.), the following lands in
the State of California, as generally depicted on maps
referenced herein, are hereby designated as wilderness, and
therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps
entitled ``Argus Range Wilderness--Proposed 2'' and ``Argus
Range Wilderness--Proposed 3'' dated January 1989, and which
shall be known as the Argus Range Wilderness.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand one hundred and eighty-five acres, as
generally depicted on a map entitled ``Bighorn Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bighorn Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five
hundred and seventy acres, as generally depicted on a map
entitled ``Big Maria Mountains Wilderness--Proposed'', dated
February 1986, and which shall be known as the Big Maria
Mountains Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star
Wilderness--Proposed'', dated October 1993, and which shall
be known as the Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which
shall be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand
seven hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management,
which comprise approximately sixty-four thousand three
hundred and twenty acres, as generally depicted on a map
entitled ``Chemehuevi Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Chemehuevi
Mountains Wilderness.
(11) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted
on two maps entitled ``Chimney Park Wilderness--Proposed 1''
and ``Chimney Peak Wilderness--Proposed 2'', dated May 1991,
and which shall be known as the Chimney Peak Wilderness.
(12) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty thousand seven hundred and seventy
acres, as generally depicted on two maps entitled
``Chuckwalla Mountains Wilderness--Proposed 1'' and
``Chuckwalla Mountains Wilderness--Proposed 2'', dated July
1992, and which shall be known as the Chuckwalla Mountains
Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
thirty-three thousand nine hundred and eighty acres, as
generally depicted on a map entitled ``Cleghorn Lakes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cleghorn Lakes Wilderness. The Secretary may,
pursuant to an application filed by the Department of
Defense, grant a right-of-way for, and authorize construction
of, a road within the area depicted as ``nonwilderness road
corridor'' on such map.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand acres, as generally
depicted on a map entitled ``Clipper Mountain Wilderness--
Proposed'', dated July 1993, and which shall be known as
Clipper Mountain Wilderness.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres,
as generally depicted on a map entitled ``Coso Range
Wilderness--Proposed'', dated May 1991, and which shall be
known as Coso Range Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as
Darwin Falls Wilderness.
(18) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight
hundred and fifty acres, as generally depicted on a map
entitled ``Dead Mountains Wilderness--Proposed'', dated
October 1991, and which shall be known as Dead Mountains
Wilderness.
(19) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirty-six thousand three hundred acres, as generally
depicted on two maps entitled ``Domeland Wilderness
Additions--Proposed 1'' and ``Domeland Wilderness Additions--
Proposed 2'', and which are hereby incorporated in, and which
shall be deemed to be a part of, the Domeland Wilderness as
designated by Public Laws 93-632 and 98-425.
(20) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten
acres, as generally depicted on a map entitled ``Funeral
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as Funeral Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986, and which shall
be known as Golden Valley Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand six hundred and ninety-five
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Grass Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty
acres, as generally depicted on a map entitled ``Ibex
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Ibex Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand eight hundred and fifty-
five acres, as generally depicted on a map entitled ``Indian
Pass Wilderness--Proposed'', dated July 1993, and which shall
be known as the Indian Pass Wilderness.
(28) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which
comprise approximately two hundred and five thousand and
twenty acres, as generally depicted on three maps entitled
``Inyo Mountains Wilderness--Proposed 1'', ``Inyo Mountains
Wilderness--Proposed 2'', ``Inyo Mountains Wilderness--
Proposed 3'', dated May 1991, and which shall be known as the
Inyo Mountains Wilderness.
(29) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five
hundred and eighty acres, as generally depicted on a map
entitled ``Kelso Dunes Wilderness--Proposed 1'', dated
October 1991, a map entitled ``Kelso Dunes Wilderness--
Proposed 2'', dated May 1991, and a map entitled ``Kelso
Dunes Wilderness--Proposed 3'', dated September 1991, and
which shall be known as the Kelso Dunes Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted
on a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--
Proposed 2'', dated October 1993, and which shall be known as
the Kiavah Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand, six hundred and
eight acres, as generally depicted on four maps entitled
``Kingston Range Wilderness--Proposed 1'', ``Kingston Range
Wilderness--Proposed 2'', ``Kingston Range Wilderness--
Proposed 3'', ``Kingston Range Wilderness--Proposed 4'',
dated July 1993, and which shall be known as the Kingston
Range Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(34) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately thirty-three thousand six
hundred acres, as generally depicted on a map entitled
``Little Picacho Wilderness--Proposed'', dated July 1993, and
which shall be known as the Little Picacho Wilderness.
(35) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Manly Peak Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Mecca Hills Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Newberry Mountains Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and
sixty acres, as generally depicted on a map entitled ``Nopah
Range Wilderness--Proposed'', dated July 1993, and which
shall be known as the Nopah Range Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``North
Algodones Dunes Wilderness--Proposed'', dated October 1991,
and which shall be known as the North Algodones Dunes
Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North
Mesquite Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the North Mesquite Mountains
Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and twenty
acres, as generally depicted on a map entitled ``Old Woman
Mountains Wilderness--Proposed 1'', dated July 1993 and a map
entitled ``Old Woman Mountains Wilderness--Proposed 2'',
dated July 1993, and which shall be known as the Old Woman
Mountains Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand seven hundred and thirty-five
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Orocopia Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four
thousand and sixty acres, as generally depicted on a map
entitled ``Owens Peak Wilderness--Proposed 1'', dated
February 1986, a map entitled ``Owens Peak Wilderness--
Proposed 2'', dated March 1994, and a map entitled ``Owens
Peak Wilderness--Proposed 3'', dated May 1991, and which
shall be known as the Owens Peak Wilderness.
(46) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Pahrump Valley Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and
a map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated
July 1993, and which shall be known as the Palen/McCoy
Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten
acres, as generally depicted on a map entitled ``Palo Verde
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Palo Verde Mountains Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as
generally depicted on a map entitled ``Picacho Peak
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Picacho Peak Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand five hundred and seventy-
five acres, as generally depicted on a map entitled ``Piper
Mountain Wilderness--Proposed'', dated October 1993, and
which shall be known as the Piper Mountain Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled
``Resting Spring Range Wilderness--Proposed'', dated May
1991, and which shall be known as the Resting Spring Range
Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres,
as generally depicted on a map entitled ``Rice Valley
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Rice Valley Wilderness.
(54) Certain lands in the California Desert Conservation
area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three
hundred eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains
Wilderness.
(55) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-one thousand three hundred acres, as
generally depicted on a map entitled ``Rodman Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Rodman Mountains Wilderness.
(56) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps
entitled ``Sacatar Trail Wilderness--Proposed 1'' and
``Sacatar Trail Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Sacatar Trail Wilderness.
(57) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law
98-425.
(60) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted
on a map entitled ``Sawtooth Mountains Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Sawtooth Mountains Wilderness.
(61) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheephole
Valley Wilderness--Proposed 1'', dated July 1993, and
``Sheephole Valley Wilderness--Proposed 2'', dated July 1993,
and which shall be known as the Sheephole Valley Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``South Nopah
Range Wilderness--Proposed'', dated February 1986, and which
shall be known as the South Nopah Range Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled ``Stateline Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Stateline Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Stepladder Mountains Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and
which shall be known as the Surprise Canyon Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand one hundred and sixty
acres, as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Trilobite Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'',
dated May 1991, and which shall be known as the Turtle
Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Whipple Mountains
Wilderness.
SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each
wilderness area designated under section 102 shall be
administered by the Secretary of the Interior (hereinafter in
this Act referred to as the ``Secretary'') or the Secretary
of Agriculture, as appropriate, in accordance with the
provisions of the Wilderness Act, except that any reference
in such provisions to the effective date of the Wilderness
Act shall be deemed to be a reference to the effective date
of this title and any reference to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary who has administrative jurisdiction over the area.
(b) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of section 102, the Secretary
concerned shall file a map and legal description for each
wilderness area designated under this title with the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives. Each such map and
description shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of Agriculture, as appropriate, may correct
clerical and typographical errors in each such legal
description and map. Each such map and legal description
shall be on file and available for public inspection in the
office of the Director of the Bureau of Land Management,
Department of the Interior, or the Chief of the Forest
Service, Department of Agriculture, as appropriate.
(c) Livestock.--Within the wilderness areas designated
under section 102, the grazing of livestock, where
established prior to the date of enactment of this Act, shall
be permitted to continue subject to such reasonable
regulations, policies, and practices as the Secretary deems
necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of
Congress regarding grazing in such areas as such intent is
expressed in the Wilderness Act and section 101(f) of Public
Law 101-628.
(d) No Buffer Zones.--The Congress does not intend for the
designation of wilderness areas in section 102 of this Act to
lead to the creation of protective perimeters or buffer zones
around any such wilderness area. The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness area.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act, nothing in this title shall be construed
as affecting the jurisdiction of the State of California with
respect to wildlife and fish on the public lands located in
that State.
(f) Wildlife Management.--In furtherance of the purposes of
the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to
support such populations may be carried out within wilderness
areas designated by this title, where consistent with
relevant wilderness management plans, in accordance with
appropriate policies and guidelines, as set forth in section
101(h) of Public Law 101-628.
(g) Law Enforcement Border Activities.--Nothing in this
Act, including the designation as wilderness of lands within
the Coyote, Fish Creek Mountains, and Jacumba wilderness
areas designated in section 102 of this Act, the Wilderness
Act, or other land management laws generally applicable to
such areas, shall restrict or preclude continued law
enforcement and border operations within such areas,
including the use of motor vehicles and aircraft by the
Immigration and Naturalization Service, the Drug Enforcement
Administration, the United States Customs Service, or State
and local law enforcement agencies in such manner and subject
to such restrictions as may be determined by the Attorney
General of the United States or Secretary of the Treasury, as
appropriate, in consultation with the Secretary.
SEC. 104. WILDERNESS REVIEW.
(a) In General.--Except as provided in subsection (b), the
Congress hereby finds and directs that lands in the
California Desert Conservation Area, of the Bureau of Land
Management, not designated as wilderness or wilderness study
areas by this Act have been adequately studied for wilderness
designation pursuant to section 603 of the Federal Land
Policy and Management Act of 1976 (90 Stat. 2743, 43 U.S.C.
1701 et seq.), and are no longer subject to the requirement
of section 603(c) of the Federal Land Policy and Management
Act of 1976 pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation as wilderness.
(b) Areas Not Released.--The following areas shall continue
to be subject to the requirements of section 603(c) of the
Federal Land Policy and Management Act of 1976, pertaining to
the management of wilderness study areas in a manner that
does not impair the suitability of such areas for
preservation as wilderness--
(1) certain lands which comprise approximately sixty-one
thousand three hundred and twenty, as generally depicted on a
map entitled ``Avawatz Mountains Wilderness--Proposed'',
dated May 1991;
(2) certain lands which comprise approximately thirty-nine
thousand seven hundred and fifty acres, as generally depicted
on a map entitled ``Kingston Range Wilderness--Proposed 4'',
dated July 1993;
(3) certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed
1'', dated May 1991, and ``Soda Mountains Wilderness--
Proposed 2'', dated January 1989;
(4) certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991;
(5) certain lands which comprise approximately seventeen
thousand two hundred and eighty acres, as generally depicted
on a map entitled ``Death Valley National Park Boundary and
Wilderness 17--Proposed'', dated July 1993;
(6) certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986; and
(7) certain lands which comprise approximately eighty-four
thousand four hundred acres, as generally depicted on a map
entitled ``Cady Mountains Wilderness--Proposed'', dated July
1993.
(c) Withdrawal.--Subject to valid existing rights, the
Federal lands referred to in subsection (b) are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing,
and mineral materials, and all amendments thereto.
SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.
In furtherance of the provisions of the Wilderness Act,
certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
eleven thousand two hundred acres as generally depicted on a
map entitled ``White Mountains Wilderness Study Area--
Proposed'', dated May 1991, are hereby designated as the
White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
SEC. 106. SUITABILITY REP0RT.
The Secretary is required, ten years after the date of
enactment of this Act, to report to Congress on current and
planned exploration, development or mining activities on, and
suitability for future wilderness designation of, the lands
as generally depicted on maps entitled ``Surprise Canyon
Wilderness--Proposed'', ``Middle Park Canyon Wilderness--
Proposed'', and ``Death Valley National Park Boundary and
Wilderness 15'', dated September 1991 and a map entitled
``Manly Peak Wilderness--Proposed'', dated October 1991.
SEC. 107. DESERT LILY SANCTUARY.
(a) Designation.--There is hereby established the Desert
Lily Sanctuary within the California Desert Conservation
Area, California, of the Bureau of Land Management,
comprising approximately two thousand forty acres, as
generally depicted on a map entitled ``Desert Lily
Sanctuary'', dated February 1986. The Secretary shall
administer the area to provide maximum protection to the
desert lily.
(b) Withdrawal.--Subject to valid existing rights, all
Federal lands within the Desert Lily Sanctuary are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing,
and mineral materials, and all amendments thereto.
SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL
CONCERN.
(a) Designation.--There is hereby established the Dinosaur
Trackway Area of Critical Environmental Concern within the
California Desert Conservation Area, of the Bureau of Land
Management, comprising approximately five hundred and ninety
acres as generally depicted on a map entitled ``Dinosaur
Trackway Area of Critical Environmental Concern'', dated July
1993. The Secretary shall administer the area to preserve the
paleontological resources within the area.
(b) Withdrawal.--Subject to valid existing rights, the
Federal lands within and adjacent to the Dinosaur Trackway
Area of Critical Environmental Concern, as generally depicted
on a map entitled ``Dinosaur Trackway Mineral Withdrawal
Area'', dated July 1993, are hereby withdrawn from all forms
of entry, appropriation, or disposal under the public land
laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
TITLE II--DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED BY THE
UNITED STATES FISH AND WILDLIFE SERVICE
SEC. 201. DESIGNATION AND MANAGEMENT.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act, the following lands are hereby designated as
wilderness and therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two
maps entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Management.--Subject to valid existing rights, the
wilderness areas designated under this title shall be
administered by the Secretary in accordance with the
provisions of the Wilderness Act governing areas designated
by that Act as wilderness, except that any reference in such
provisions to the effective date of the Wilderness Act (or
any similar reference) shall be deemed to be a reference to
the date of enactment of this Act.
(c) Maps and Legal Description.--As soon as practicable
after enactment of this title, the Secretary shall file a map
and a legal description of each wilderness area designated
under this section with the Committees on Energy and Natural
Resources and Environment and Public Works of the United
States Senate and Natural Resources and Merchant Marine and
Fisheries of the United States House of Representatives. Such
map and description shall have the same force and effect as
if included in this Act, except that correction of clerical
and typographical errors in such legal description and map
may be made. Such map and legal description shall be on file
and available for public inspection in the Office of the
Director, United States Fish and Wildlife Service, Department
of the Interior.
SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.
Nothing in this title shall be construed to affect the
operation of federally owned dams located on the Colorado
River in the Lower Basin.
SEC. 203. NO EFFECT ON UPPER BASIN.
Nothing in this Act shall amend, construe, supersede, or
preempt any State law, Federal law, interstate compact, or
international treaty pertaining to the Colorado River
(including its tributaries) in the Upper Basin, including,
but not limited to the appropriation, use, development,
storage, regulation, allocation, conservation, exportation,
or quality of those rivers.
SEC. 204. COLORADO RIVER.
With respect to the Havasu and Imperial wilderness areas
designated by subsection 201(a) of this title, no rights to
water of the Colorado River are reserved, either expressly,
impliedly, or otherwise.
TITLE III--DEATH VALLEY NATIONAL PARK
SEC. 301. FINDINGS.
The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, geological,
archeological, paleontological, cultural, historical ad
wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.
There is hereby established the Death Valley National Park,
(hereinafter in this title referred to as the ``park'') as
generally depicted on twenty-three maps entitled ``Death
Valley National Park Boundary and Wilderness--Proposed'',
numbered in the title one through twenty-three, and dated
July 1993 or prior, which shall be on file and available for
public inspection in the offices of the Superintendent of the
park and the Director of the National Park Service,
Department of the Interior. The Death Valley National
Monument is hereby abolished as such, the lands and interests
therein are hereby incorporated within and made part of the
new Death Valley National Park, and any funds available for
purposes of the monument shall be available for purposes of
the park.
SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land
Management depicted in the maps described in section 302 of
this title, without consideration, to the administrative
jurisdiction of the National Park Service for administration
as part of the National Park System, and the boundary of the
park shall be adjusted accordingly. The Secretary shall
administer the areas added to the park by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act 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, 2-4).
SEC. 304. MAPS AND LEGAL DESCRIPTION.
Within six months after the enactment of this title, the
Secretary shall file maps and a legal description of the park
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have
the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such legal description and in the
maps referred to in section 302. The maps and legal
description shall be on file and available for public
inspection in the offices of the Superintendent of the park
and the Director of the National Park Service, Department of
the Interior.
SEC. 305. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 306. GRAZING.
(a) In General.--The privilege of grazing domestic
livestock on lands within the park shall continue to be
exercised at no more than the current level, subject to
applicable laws and National Park Service regulations.
(b) Sale of Property.--If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such
permittee is willing to convey to the United States any base
property with respect to which such permit was issued and to
which such permittee holds title, the Secretary shall make
the acquisition of such base property a priority as compared
with the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible
for the majority of the adjacent lands in accordance with the
laws applicable to such adjacent lands.
TITLE IV--JOSHUA TREE NATIONAL PARK
SEC. 401. FINDINGS.
The Congress hereby finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, archeological,
paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park
caliber, and afforded full recognition and statutory
protection as a national park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.
There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the ``park''), as
generally depicted on a map entitled ``Joshua Tree National
Park Boundary--Proposed'', dated May 1991, and four maps
entitled ``Joshua Tree National Park Boundary and
Wilderness'', numbered in the title one through four, and
dated October 1991 or prior, which shall be on file and
available for public inspection in the offices of the
Superintendent of the park and the Director of the National
Park Service, Department of the Interior. The Joshua Tree
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made
part of the new Joshua Tree National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 402 of
this title, without consideration, to the administrative
jurisdiction of the National Park Service for administration
as part of the National Park System. The boundaries of the
park shall be adjusted accordingly. The Secretary shall
administer the areas added to the park by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act 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, 2-4).
SEC. 404. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this
title, the Secretary shall file maps and legal description of
the park with the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and maps. The maps and legal
description shall be on file and available for public
inspection in the appropriate offices of the National Park
Service, Department of the Interior.
SEC. 405. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 406. UTILITY RIGHTS-OF-WAY.
Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation
maintenance, repair, and replacement activities in such
right-of-way, issued, granted, or permitted to the
Metropolitan Water District pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b), which is located on lands
included in the Joshua Tree National Park, but outside lands
designated as wilderness under section 601(2). Such
activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this title shall
have the effect of terminating the fee title to lands or
customary operation, maintenance, repair, and replacement
activities on or under such lands granted to the Metropolitan
Water District pursuant to the Act on June 18, 1932 (47 Stat.
324), which are located on lands included in the Joshua Tree
National Park, but outside lands designated as wilderness
under section 601(2). Such activities shall be conducted in a
manner which will minimize the impact on park resources. The
Secretary shall prepare within one hundred and eighty days
after the date of enactment of this Act, in consultation with
the Metropolitan Water District, plans for emergency access
by the Metropolitan Water District to its lands and rights-
of-way.
TITLE V--MOJAVE NATIONAL PARK
SEC. 501. FINDINGS.
The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative
desert resources, but do not embrace the particular
ecosystems and transitional desert type found in the Mojave
Desert area lying between them on public lands now afforded
only impermanent administrative designation as a national
scenic area;
(2) the Mojave desert possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the
National Park System;
(3) portions of the Mojave desert should be afforded full
recognition and statutory protection as a National Park;
(4) the wilderness within the Mojave desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave desert area provides an outstanding
opportunity to develop services, programs, accommodations and
facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
SEC. 502. ESTABLISHMENT OF MOJAVE NATIONAL PARK.
There is hereby established the Mojave National Park
(hereinafter in this title referred to as the ``park'')
comprising approximately one million one hundred eighty-one
thousand three hundred and fifty acres, as generally depicted
on a map entitled ``Mojave National Park Boundary--
Proposed'', dated March 1994, which shall be on file and
available for inspection in the appropriate offices of the
National Park Service, Department of the Interior.
SEC. 503. TRANSFER OF LANDS.
Upon enactment of this title, the Secretary shall transfer
the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 502 of
this title, without consideration, to the administrative
jurisdiction of the National Park Service.
SEC. 504. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this
title, the Secretary shall file maps and a legal description
of the park with the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives. Such maps and legal descriptions shall have
the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such legal descriptions and maps. The
maps and legal description shall be on file and available for
public inspection in the appropriate offices of the National
Park Service, Department of the Interior.
SEC. 505. ABOLISHMENT OF SCENIC AREA.
The East Mojave Scenic Area, designated on January 13, 1981
(46 FR 3994), and modified on August 9, 1983 (48 FR 36210),
is hereby abolished.
SEC. 506. ADMINISTRATION OF PARK.
The Secretary shall administer the park in accordance with
this title and with the provisions of law generally
applicable to units of the National Park System, including
the Act 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, 2-4).
SEC. 507. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within
the park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
SEC. 508. REGULATION OF MINING.
Subject to valid existing rights, all mining claims located
within the park shall be subject to all applicable laws and
regulations applicable to mining within units of the National
Park System, including the Mining in the Parks Act (16 U.S.C.
1901 et seq.), and any patent issued after the date of
enactment of this title shall convey title only to the
minerals together with the right to use the surface of lands
for mining purposes, subject to such laws and regulations.
SEC. 509. GRAZING.
(a) In General.--The privilege of grazing domestic
livestock on lands within the park shall continue to be
exercised at no more than the current level, subject to
applicable laws and National Park Service regulations.
(b) Offers to Sell.--If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such
permittee is willing to convey to the United States any base
property with respect to which the permit was issued and to
which such permittee holds title, the Secretary shall make
the acquisition of such base property a priority as compared
with the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible
for the majority of the adjacent lands in accordance with the
laws applicable to such adjacent lands.
SEC. 510. UTILITY RIGHTS OF WAY.
(a)(1) Nothing in this title shall have the effect of
terminating any validly issued rights-of-way or customary
operation, maintenance, repair, and replacement activities in
such rights-of-way, issued, granted, or permitted to Southern
California Edison Company, its successors or assigns, which
is located on lands included in the Mojave National Park, but
outside lands designated as wilderness under section 601(3).
Such activities shall be conducted in a manner which will
minimize the impact on park resources.
(2) Nothing in this title shall have the effect of
prohibiting the upgrading of an existing electrical
transmission line for the purpose of increasing the capacity
of such transmission line in the Southern California Edison
Company validly issued Eldorado-Lugo Transmission Line right-
of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the
Secretary adjacent to the existing Mojave-Lugo Transmission
Line right-of-way (hereafter in this section referred to as
``adjacent right-of-way''), including construction of a
replacement transmission line: Provided, That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado-Lugo
right-of-way'') at no time shall there be more than 3
electrical transmission lines,
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site
shall be completed no later than three years after the date
on which construction of the upgraded transmission line
begins, after which time there may be only one electrical
transmission line in the lands encompassed by Mojave right-
of-way and adjacent right-of-way,
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed,
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
park resources,
(E) no more than three hundred and fifty feet of additional
land shall be issued, granted, or permitted for an adjacent
right-of-way to the south of the Mojave right-of-way unless a
greater addition would reduce the impacts to park resources,
and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on park resources.
(3) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Edison Company,
plans for emergency access by the Southern California Edison
Company to its rights-of-way.
(b)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way, or customary
operation, maintenance, repair, and replacement activities in
such right-of-way; prohibiting the upgrading of and
construction on existing facilities in such right-of-way for
the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way;
issued, granted, or permitted to the Southern California Gas
Company, its successors or assigns, which is located on lands
included in the Mojave National Park, but outside lands
designated as wilderness under section 601(3). Such
activities shall be conducted in a manner which will minimize
the impact on park resources.
(2) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Gas Company, plans
for emergency access by the Southern California Gas Company
to its rights-of-way.
(c) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted for
communications cables or lines, which are located on lands
included in the Mojave National Park, but outside lands
designated as wilderness under section 601(3). Such
activities shall be conducted in a manner which will minimize
the impact on park resources.
(d) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted to
Molybdenum Corporation of America; Molycorp, Incorporated; or
Union Oil Company of California (d/b/a Unocal Corporation);
or its successors or assigns, or prohibiting renewal of such
right-of-way, which is located on lands included in the
Mojave National Park, but outside lands designated as
wilderness under section 601(3). Such activities shall be
conducted in a manner which will minimize the impact on park
resources.
SEC. 511. GENERAL MANAGEMENT PLAN.
(a) In General.--Within three years of the date of
enactment of this title, the Secretary shall submit to the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives a detailed and
comprehensive management plan for the park.
(b) Kelso Depot.--Such plan shall place emphasis on
historical and cultural sites and ecological and wilderness
values within the boundaries of the park, and shall evaluate
the feasibility of using the Kelso Depot and existing
railroad corridor to provide public access to and a facility
for special interpretive, educational, and scientific
programs within the park.
(c) Needs of Individuals With Disabilities.--Such plan
shall specifically address the needs of individuals with
disabilities in the design of services, programs,
accommodations and facilities consistent with section 504 of
the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101), and other
appropriate laws and regulations.
SEC. 512. GRANITE MOUNTAINS NATURAL RESERVE.
(a) Establishment.--There is hereby designated the Granite
Mountains Natural Reserve within the park comprising
approximately nine thousand acres as generally depicted on a
map entitled ``Mojave National Park Boundary and Wilderness--
Proposed 6'', dated May 1991.
(b) Cooperative Management Agreement.--Upon enactment of
this title, the Secretary shall enter into a cooperative
management agreement with the University of California for
the purposes of managing the lands within the Granite
Mountains Natural Reserve. Such cooperative agreement shall
ensure continuation of arid lands research and educational
activities of the University of California, consistent with
the provisions of this title and laws generally applicable to
units of the National Park System.
SEC. 513. SODA SPRINGS DESERT STUDY CENTER.
Upon enactment of this title, the Secretary shall enter
into a cooperative management agreement with California State
University for the purposes of managing facilities at the
Soda Springs Desert Study Center. Such cooperative agreement
shall ensure continuation of the desert research and
educational activities of California State University,
consistent with the provisions of this title and laws
generally applicable to units of the National Park System.
SEC. 514. CONSTRUCTION OF VISITOR CENTER.
The Secretary is authorized to construct a visitor center
in the park for the purpose of providing information through
appropriate displays, printed material, and other
interpretive programs, about the resources of the park.
SEC. 515. ACQUISITION OF LANDS.
In General.--The Secretary is authorized to acquire all
lands and interests therein within the boundary of the park
by donation, purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the park which are owned by the State of California, or any
political subdivision thereof, may be acquired only by
donation or exchange except for lands managed by California
State Lands Commission; and
(2) lands or interests therein within the boundary of the
park which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to
be developed, in a manner which is detrimental to the
integrity of the park or which is otherwise incompatible with
the purposes of this title: Provided, however, That the
construction, modification, repair, improvement, or
replacement of a single-family residence shall not be
determined to be detrimental to the integrity of the park or
incompatible with the purposes of this title.
SEC. 516. SUITABILITY REPORT.
The Secretary is required, twenty years after the date of
enactment of this title, to report to Congress on current and
planned exploration, development or mining activities on, and
suitability for future park designation of, the lands as
generally depicted on a map entitled ``Mojave National Park
Study Area-- Proposed'', dated July 1992.
SEC. 517. ADVISORY COMMISSION.
(a) There is hereby established the Mojave National Park
Advisory Commission (hereinafter in this section referred to
as the ``Advisory Commission'').
(b) The Advisory Commission shall be composed of fifteen
members appointed by the Secretary for terms of three years
each.
(c) Any vacancy in the Advisory Commission shall be filled
in the same manner in which the original appointment was
made.
(d) Members of the Advisory Commission shall serve without
compensation as such, but the Secretary may pay, upon
vouchers signed by the Chairman, the expenses reasonably
incurred by the Commission and its members in carrying out
their responsibilities under this Act.
(e) The Secretary, or his designee, shall from time to
time, but at least annually, meet and consult with the
Advisory Commission on general policies and specific matters
related to planning, administration and development affecting
the park.
(f) The Advisory Commission shall act and advise by
affirmative vote of the majority of the members thereof.
(g) The Advisory Commission shall cease to exist ten years
after the enactment of this Act.
TITLE VI--NATIONAL PARK WILDERNESS
SEC. 601. DESIGNATION OF WILDERNESS.
(a) In furtherance of the purposes of the Wilderness Act
(78 Stat. 890; 16 U.S.C. 1311 et seq.), the following lands
within the units of the National Park System designated by
this Act are hereby designated as wilderness, and therefore,
as components of the National Wilderness Preservation System:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred fifty-eight thousand
thirty-eight acres, as generally depicted on twenty-three
maps entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated October 1993 or prior, and three maps entitled
``Death Valley National Park Wilderness'', numbered in the
title one through three, and dated July 1993 or prior, and
which shall be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand
seven hundred and eighty acres, as generally depicted on four
maps entitled ``Joshua Tree National Park Boundary and
Wilderness--Proposed'', numbered in the title one through
four, and dated October 1991 or prior, and which are hereby
incorporated in, and which shall be deemed to be a part of
the Joshua Tree Wilderness as designated by Public Law 94-
567.
(3) Mojave Naional Park Wilderness, comprising
approximately six hundred ninety-five thousand two hundred
acres, as generally depicted on ten maps entitled ``Mojave
National Park Boundary and Wilderness--Proposed'', and
numbered in the title one through ten, and dated March 1994
or prior, and seven maps entitled ``Mojave National Park
Wilderness--Proposed'', numbered in the title one through
seven, and dated March 1994 or prior, and which shall be
known as the Mojave Wilderness.
(b) Potential Wilderness.--Upon cessation of all uses
prohibited by the Wilderness Act and publication by the
Secretary in the Federal Register of notice of such
cessation, potential wilderness, comprising approximately six
thousand eight hundred and forty acres, as described in
``1988 Death Valley National Monument Draft General
Management Plan Draft Environmental Impact Statement''
(hereafter in this title referred to as ``Draft Plan'') and
as generally depicted on map in the Draft Plan entitled
``Wilderness Plan Death Valley National Monument'', dated
January 1988, and which shall be deemed to be a part of the
Death Valley Wilderness as designated in paragraph (1). Lands
identified in the Draft Plan as potential wilderness shall be
managed by the Secretary insofar as practicable as wilderness
until such time as said lands are designated as wilderness.
SEC. 602. FILING OF MAPS AND DESCRIPTIONS.
Maps and a legal description of the boundaries of the areas
designated in section 601 of this title shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior. As
soon as practicable after the date of enactment of this title
takes effect, maps and legal descriptions of the wilderness
areas shall be filed with the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives, and such maps and legal descriptions shall
have the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such maps and legal descriptions.
SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.
The areas designated by section 601 of this title as
wilderness shall be administered by the Secretary in
accordance with the applicable provisions of the Wilderness
Act governing areas designated by that title as wilderness,
except that any reference in such provision to the effective
date of the Wilderness Act shall be deemed to be a reference
to the effective date of this title, and where appropriate,
and reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary of the Interior.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK.
Upon enactment of this title, the Secretary shall transfer
to the State of California certain lands within the
California Desert Conservation Area, California, of the
Bureau of Land Management, comprising approximately twenty
thousand five hundred acres, as generally depicted on two
maps entitled ``Red Rock Canyon State Park Additions 1'' and
``Red Rock Canyon State Park Additions 2'', dated May 1991,
for inclusion in the State of California Park System. Should
the State of California cease to manage these lands as part
of the State Park System, ownership of the lands shall revert
to the Department of the Interior to be managed as part of
California Desert Conservation Area to provide maximum
protection for the area's scenic and scientific values.
SEC. 702. LAND TENURE ADJUSTMENTS.
In preparing land tenure adjustment decisions with the
California Desert Conservation Area, of the Bureau of Land
Management, the Secretary shall give priority to
consolidating Federal ownership within the national park
units and wilderness areas designated by this Act.
SEC. 703. LAND DISPOSAL.
Except as provided in section 406, none of the lands within
the boundaries of the wilderness or park areas designated
under this Act shall be granted to or otherwise made
available for use by the Metropolitan Water District or any
other agencies or persons pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b) or any similar acts.
SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.
Any lands within the boundaries of a wilderness area
designated under this Act which are acquired by the Federal
Government, shall become part of the wilderness area within
which they are located and shall be managed in accordance
with all the provisions of this Act and other laws applicable
to such wilderness area.
SEC. 705. NATIVE AMERICAN USES AND INTERESTS.
(a) Access.--In recognition of the past use of the parks
and wilderness areas designed under this Act by Indian people
for traditional cultural and religious purposes, the
Secretary shall ensure access to such parks and wilderness
areas by Indian people for such traditional cultural and
religious purposes. In implementing this section, the
Secretary, upon the request of an Indian tribe or Indian
religious community, shall temporarily close to the general
public use of one or more specific portions of park or
wilderness in order to protect the privacy of traditional
cultural and religious activities in such areas by Indian
people. 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 with respect to areas designated as wilderness, the
Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).
(b) Cook Inlet Regional Corporation.--Section 12 of the Act
of January 2, 1976 (Public Law 94-204; 38 U.S.C. 1611 note),
as amended, is further amended--
(1) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) The Native landowner shall be required to determine
the fair value of subsurface interests conveyed to it
pursuant to subsection (b) utilizing the appraisal
methodology customarily used by the Minerals Management
Service for valuing similar interests (such as discounted
cash flow based methodology). The fair value of any
subsurface interests in land determined by a qualified
independent appraiser designated by the Region utilizing the
methodology described above shall be binding for all
purposes, except for Federal tax matters, and provided that
this exception shall create no inference about the
appropriate methodology for establishing fair value in such
matters.''; and
(3) in paragraph (9) of subsection (b), by striking
``section 12(h)'' and inserting in lieu thereof ``section
12(i)''.
(c) Study.--
(1) In general.--The Secretary, in consultation with the
Timbisha Shoshone Tribe and relevant Federal agencies, shall
conduct a study, subject to the availability of
appropriations, to identify lands suitable for a reservation
for the Timbisha Shoshone Tribe that are located within the
Tribe's aboriginal homeland area within and outside the
boundaries of the Death Valley National Monument and the
Death Valley National Park, as described in title III of the
California Desert Protection Act of 1993.
(2) Report.--Not later than 1 year after the date of
enactment of the California Desert Protection Act of 1993,
the Secretary shall submit a report to the Committee on
Energy and Natural Resources and the Committee on Indian
Affairs of the Senate, and the Committee on Natural Resources
of the House of Representatives on the results of the study
conducted under paragraph (1).
SEC. 706. FEDERAL RESERVE WATER RIGHTS.
(a) Except as otherwise provided in section 204, with
respect to each wilderness area designated by this Act,
Congress hereby reserves a quantity of water sufficient to
fulfill the purposes of this Act. The priority date of such
reserved water rights shall be the date of enactment of this
Act.
(b) The Secretary and all other officers of the United
States shall take all steps necessary to protect the rights
reserved by this section, including the filing by the
Secretary of a claim for the quantification of such rights in
any present or future appropriate stream adjudication in the
courts of the State of California in which the United States
is or may be joined in accordance with section 208 of the Act
of July 10, 1952 (66 Stat. 560, 44 U.S.C. 666), commonly
referred to as the McCarran Amendment.
(c) Nothing in this Act shall be construed as a
relinquishment or reduction of any water rights reserved or
appropriated by the United States in the State of California
on or before the date of enactment of this Act.
(d) The Federal water rights reserved by this Act are
specific to the wilderness area located in the State of
California designated under this Act. Nothing in this Act
related to the reserved Federal water rights shall be
construed as establishing a precedent with regard to any
future designations, nor shall it constitute an
interpretation of any other Act or any designation made
thereto.
SEC. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) Negotiations to Exchange.--Upon request of the
California State Lands Commission (hereinafter in this
section referred to as the ``Commission''), the Secretary
shall enter into negotiations for an agreement to exchange
Federal lands or interests therein on the list referred to in
subsection (b) (2) for California State School lands or
interests therein which are located within the boundaries of
one or more of the wilderness areas or park units designated
by this Act (hereinafter in this section referred to as
``State School lands.''). The Secretary shall negotiate in
good faith to reach a land exchange agreement consistent with
the requirements of section 206 of the Federal Land Policy
and Management Act of 1976.
(b) Preparation of List.--Within six months after the date
of enactment of this Act, the Secretary shall send to the
Commission and to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives a list of the following:
(1) State School lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands within the State of California under the
jurisdiction of the Secretary that the Secretary determines
to be suitable for disposal for exchange, identified in the
following priority--
(A) lands with mineral interests, including geothermal,
which have the potential for commercial development but which
are not currently under mineral lease or producing Federal
mineral revenues;
(B) Federal claims in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for
any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management Act of
1976, has determined to be suitable for disposal through
exchange.
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs
of the Federal Government. The Secretary may exclude, in his
discretion, lands located within, or contiguous to, the
exterior boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall
annually transmit such list to the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives until all of the State School lands
identified in paragraph (1) have been acquired.
(c) Disposal of Surplus Federal Property.--(1) Effective
upon the date of enactment of this Act and until all State
School lands identified in paragraph (b)(1) of this section
are acquired, no Federal lands or interests therein within
the State of California may be disposed of from Federal
ownership unless--
(A) the Secretary is notified of the availability of such
lands or interest therein;
(B) the Secretary has notified the Commission of the
availability of such lands or interests therein for exchange;
and
(C) the Commission has not notified the Secretary within
six months that it wishes to consider entering into an
exchange for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes
to consider an exchange for such lands or interests therein,
the Secretary shall attempt to conclude such exchange in
accordance with the provisions of this section as quickly as
possible.
(3) If an agreement is reached and executed with the
Commission, then upon notice to the head of the agency having
administrative jurisdiction over such lands or interests
therein, the Secretary shall be vested with administrative
jurisdiction over such lands or interests therein for the
purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon
notice by the Commission to the Secretary that it no longer
has an interest in such lands or interests therein, such
lands or interests shall be released to the agency that
originally had jurisdiction over such lands or interests for
disposal in accordance with the laws otherwise applicable to
such lands or interests.
(d) No Effect on Military Base Closures.--The provisions of
this section shall not apply to the disposal of property
under title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 102
Stat. 2627; 10 U.S.C. 2687 note) or the Defense Base Closure
and Realignment Act of 1990 (Public Law 101-510; 104 Stat.
1808; 10 U.S.C. 2687 note).
SEC. 708. ACCESS TO PRIVATE PROPERTY.
The Secretary shall provide adequate access to nonfederally
owned land or interests in land within the boundaries of the
conservation units and wilderness areas designated by this
Act which will provide the owner of such land or interest the
reasonable use and enjoyment thereof.
SEC. 709. FEDERAL FACILITIES FEE EQUITY.
(a) Policy Statement.--It is the intent of Congress that
entrance, tourism or recreational use fees for use of Federal
lands and facilities not discriminate against any State or
any region of the country.
(b) Fee Study.--The Secretary of the Interior, in
cooperation with other affected agencies, shall prepare and
submit a report to the appropriate committees of the House of
Representatives and the Senate Committee on Energy and
Natural Resources of the United States Senate and any other
relevant committees by May 1, 1996, which shall--
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for
entrance, recreational or tourism use, if any, on Federal
lands or facilities in a State or region, individually and
collectively.
(c) Recommendations.--Following completion of the report in
subsection (b), the Secretary of the Interior, in cooperation
with other affected agencies, shall prepare and submit a
report to the appropriate committees of the House and the
Energy and Natural Resource Committee of the United States
Senate and any other relevant committees by May 1, 1997,
which shall contain recommendations which the Secretary deems
appropriate for implementing the congressional intent
outlined in subsection (a).
TITLE VIII--MILITARY LANDS AND OVERFLIGHTS
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
``California Military Lands Withdrawal and Overflights Act of
1994''.
(b) Findings.--The Congress finds that--
(1) military aircraft testing and training activities as
well as demilitarization activities in California are an
important part of the national defense system of the United
States, and are essential in order to secure for the American
people of this and future generations an enduring and viable
national defense system;
(2) the National Parks and wilderness areas designated by
this Act lie within a region critical to providing training,
research, and development for the Armed Forces of the United
States and its allies;
(3) there is a lack of alternative sites available for
these military training, testing, and research activities;
(4) continued use of the lands and airspace in the
California desert region is essential for military purposes;
and
(5) contination of these military activities, under
appropriate terms and conditions, is not incompatible with
the protection and proper management of the natural,
environmental, cultural, and other resources and values of
the Federal lands in the California desert area.
SEC. 802. MILITARY OVERFLIGHTS.
(a) Overflights.--Nothing in this Act, the Wilderness Act,
or other land management laws generally applicable to the new
units of the National Park or Wilderness Preservation Systems
(or any additions to existing units) designated by this Act,
shall restrict or preclude low-level overflights of military
aircraft over such units, including military overflights that
can be seen or heard within such units.
(b) Special Airspace.--Nothing in this Act, the Wilderness
Act, or other land management laws generally applicable to
the new units of the National Park or Wilderness Preservation
Systems (or any additions to existing units) designated by
this Act, shall restrict or preclude the designation of new
units of special airspace or the use or establishment of
military flight training routes over such new park or
wilderness units.
(c) No Effect on Other Laws.--Nothing in this section shall
be construed to modify, expand, or diminish any authority
under other Federal law.
SEC. 803. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the
boundary of such lands as depicted on the map specified in
such paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws (including the
mining laws and the mineral leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support;
(D) geothermal leasing and development and related power
production activities; and
(E) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands located within the boundaries of the China Lake Naval
Weapons Center, comprising approximately one million one
hundred thousand acres in Inyo, Kern, and San Bernardino
Counties, California, as generally depicted on a map entitled
``China Lake Naval Weapons Center Withdrawal--Proposed'',
dated January 1985.
(b) Chocolate Mountain.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundary of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the
geothermal leasing laws). Such lands are reserved for use by
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately two hundred twenty-six
thousand seven hundred and eleven acres in Imperial County,
California, as generally depicted on a map entitled
``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993.
SEC. 804. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as
practicable after the date of enactment of this title, the
Secretary shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if they
were included in this title except that the Secretary may
correct clerical and typographical errors in such maps and
legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management; the office of the commander of the Naval Weapons
Center, China Lake, California; the office of the commanding
officer, Marine Corps Air Station, Yuma, Arizona; and the
Office of the Secretary of Defense, Washington, District of
Columbia.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary for the cost of implementing this
section.
SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1)
Except as provided in subsection (g), during the period of
the withdrawal the Secretary shall manage the lands withdrawn
under section 802 of this title pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable law, including this title.
(2) To the extent consistent with applicable law and
Executive orders, the lands withdrawn under section 802 may
be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders were permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or
authorized pursuant to this title.
(B) The Secretary may issue any lease, easement, right-of-
way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary
of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.
(3) Before and during any closure under this subsection,
the Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary (after consultation
with the Secretary of the Navy) shall develop a plan for the
management of each area withdrawn under section 802 of this
title during the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn
under section 802 as a result of military activities and may
seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land
Management assistance in the suppression of such fires, and
for a transfer of funds from the Department of the Navy to
the Bureau of Land Management as compensation for such
assistance.
(e) Memorandum of Understanding.--(1) The Secretary and the
Secretary of the Navy shall (with respect to each land
withdrawal under section 802 of this title) enter into a
memorandum of understanding to implement the management plan
developed under subsection (c). Any such memorandum of
understanding shall provide that the Director of the Bureau
of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of
the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section
802.
(f) Additional Military Uses.--Lands withdrawn under
section 802 of this title may be used for defense-related
uses other than those specified in such section. The
Secretary of Defense shall promptly notify the Secretary in
the event that the lands withdrawn by this title will be used
for defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional
use or uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary may assign
the management responsibility for the lands withdrawn under
section 802(a) to the Secretary of the Navy who shall manage
such lands, and issue leases, easements, rights-of-way, and
other authorizations, in accordance with this title and
cooperative management arrangements between the Secretary and
the Secretary of the Navy: Provided, That nothing in this
subsection shall affect geothermal leases issued by the
Secretary prior to the date of enactment of this title, or
the responsibility of the Secretary to administer and manage
such leases, consistent with the provisions of this section.
In the case that the Secretary assigns such management
responsibility to the Secretary of the Navy before the
development of the management plan under subsection (c), the
Secretary of the Navy (after consultation with the Secretary)
shall develop such management plan.
(2) The Secretary shall be responsible for the issuance of
any lease, easement, right-of-way, and other authorization
with respect to any activity which involves both the lands
withdrawn under section 802(a) and any other lands. Any such
authorization shall be issued only with the consent of the
Secretary of the Navy and, to the extent that such activity
involves lands withdrawn under section 802(a), shall be
subject to such conditions as the Secretary of the Navy may
prescribe.
(3) The Secretary of the Navy shall prepare and submit to
the Secretary an annual report on the status of the natural
and cultural resources and values of the lands withdrawn
under section 802(a). The Secretary shall transmit such
report to the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Natural
Resources of the United States House of Representatives.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) and may utilize helicopters
and motorized vehicles for such purposes. Such management
shall be in accordance with laws applicable to such
management on public lands and with an appropriate memorandum
of understanding between the Secretary and the Secretary of
the Navy.
(5) Neither this title nor any other provision of law shall
be construed to prohibit the Secretary from issuing and
administering any lease for the development and utilization
of geothermal steam and associated geothermal resources on
the lands withdrawn under section 802(a) pursuant to the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and
other applicable law, but no such lease shall be issued
without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration
and development authority of the Secretary of the Navy under
section 2689 of title 10, United States Code, except that the
Secretary of the Navy shall obtain the concurrence of the
Secretary before taking action under that section with
respect to the lands withdrawn under section 802(a).
(7) Upon the expiration of the withdrawal or relinquishment
of China Lake, Navy contracts for the development of
geothermal resources at China Lake then in effect (as amended
or renewed by the Navy after the date of enactment of this
title) shall remain in effect: Provided, That the Secretary,
with the consent of the Secretary of the Navy, may offer to
substitute a standard geothermal lease for any such contract.
SEC. 806. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawals and reservations established
by this title shall terminate twenty-five years after the
date of enactment of this title.
(b) Draft Environmental Impact Statement.--No later than
twenty-two years after the date of enactment of this title,
the Secretary of the Navy shall publish a draft environmental
impact statement concerning continued or renewed withdrawal
of any portion of the lands withdrawn by this title for which
that Secretary intends to seek such continued or renewed
withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to such a draft environmental impact statement.
Prior to the termination date specified in subsection (a),
the Secretary of the Navy shall hold a public hearing on any
draft environmental impact statement published pursuant to
this section. Such hearing shall be held in the State of
California in order to receive public comments on the
alternatives and other matters included in such draft
environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by
this title may not be extended or renewed except by an Act or
joint resolution of Congress.
SEC. 807. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent
funds are made available, shall maintain a program of
decontamination of lands withdrawn by this title at least at
the level of decontamination activities performed on such
lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits
to the Congress the President's proposed budget for the first
fiscal year beginning after the date of enactment of this
title and for each subsequent fiscal year, the Secretary of
the Navy shall transmit to the Committees on Appropriations,
Armed Services, and Energy and Natural Resources of the
United States Senate and to the Committees on Appropriations,
Armed Services, and Natural Resources of the United States
House of Representatives a description of the decontamination
efforts undertaken during the previous fiscal year on such
lands and the decontamination activities proposed for such
lands during the next fiscal year including--
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full contamination of such
lands and the estimate of the time to complete such
decontamination.
SEC. 808. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior
to the termination of the withdrawal and reservation
established by this title, the Secretary of the Navy shall
advise the Secretary as to whether or not the Secretary of
the Navy will have a continuing military need for any of the
lands withdrawn under section 802 after the termination date
of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary of the Navy shall file an
application for extension of the withdrawal and reservation
of such needed lands in accordance with the regulations and
procedures of the Department of the Interior applicable to
the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation,
the Secretary of the Navy decides to relinquish all or any of
the lands withdrawn and reserved by this title, the Secretary
of the Navy shall file a notice of intention to relinquish
with the Secretary.
(b) Contamination.--(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the
Secretary of Defense, acting through the Department of the
Navy, shall prepare a written determination concerning
whether and to what extent the lands that are to be
relinquished are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish
and the determination concerning the contaminated state of
the lands shall be published in the Federal Register by the
Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a)
is contaminated, and the Secretary, in consultation with the
Secretary of the Navy, determines that decontamination is
practicable and economically feasible (taking into
consideration the potential future use and value of the land)
and that upon decontamination, the land could be opened to
operation of some or all of the public land laws, including
the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(d) Alternatives.--If the Secretary, after consultation
with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot
be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the
decontamination of such land, the Secretary shall not be
required to accept the land proposed for relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary declines to accept
jurisdiction over lands withdrawn by this title which have
been proposed for relinquishment, or if at the expiration of
the withdrawal made by this title the Secretary determines
that some of the lands withdrawn by this title are
contaminated to an extent which prevents opening such
contaminated lands to operation of the public land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
and to the Congress concerning the status of such lands and
all actions taken in furtherance of this subsection.
(f) Revocation Authority.--Notwithstanding any other
provision of law, the Secretary, upon deciding that it is in
the public interest to accept jurisdiction over lands
proposed for relinquishment pursuant to subsection (a), is
authorized to revoke the withdrawal and reservation
established by this title as it applies to such lands. Should
the decision be made to revoke the withdrawal and
reservation, the Secretary shall publish in the Federal
Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands law,
including the mining laws.
SEC. 809. DELEGABILITY.
(a) Department of Defense.--The functions of the Secretary
of Defense or the Secretary of the Navy under this title may
be delegated.
(b) Department of the Interior.--The functions of the
Secretary under this title may be delegated, except that an
order described in section 807(f) may be approved and signed
only by the Secretary, the Under Secretary of the Interior,
or an Assistant Secretary of the Department of the Interior.
SEC. 810. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
by this title shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code.
SEC. 811. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury
or damage to persons or property suffered in the course of
any geothermal leasing or other authorized nonmilitary
activity conducted on lands described in section 802 of this
title.
SEC. 812. EL CENTRO RANGES.
The Secretary is authorized to permit the Secretary of the
Navy to use until January 1, 1997, the approximately forty-
four thousand eight hundred and seventy acres of public lands
in Imperial County, California, known as the East Mesa and
West Mesa ranges, in accordance with the Memorandum of
Understanding dated June 29, 1987, between the Bureau of Land
Management, the Bureau of Reclamation, and the Department of
the Navy. All military uses of such lands shall cease on
January 1, 1997, unless authorized by a subsequent Act of
Congress.
TITLE IX--INITIATIVES PERTAINING TO THE LOWER MISSISSIPPI DELTA REGION
SEC. 901. FINDINGS.
(a) The Congress finds that--
(1) in 1988, Congress enacted Public Law 100-460,
establishing the Lower Mississippi Delta Development
Commission, to assess the needs, problems, and opportunities
of people living in the Lower Mississippi Delta Region that
includes 219 counties and parishes within the States of
Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee;
(2) the Commission conducted a thorough investigation to
assess these needs, problems, and opportunities, and held
several public hearings throughout the Delta Region;
(3) on the basis of these investigations, the Commission
issued the Delta Initiatives Report, which included
recommendations on natural resource protection, historic
preservation, and the enhancement of educational and other
opportunities for Delta residents;
(4) the Delta Initiatives Report recommended--
(A) designating the Great River Road as a scenic byway, and
designating other hiking and motorized trails throughout the
Delta Region;
(B) that the Federal Government identify sites and
structures of historic and prehistoric importance throughout
the Delta Region;
(C) the further study of potential new units of the
National Park System within the Delta Region; and
(D) that Federal agencies target more monies in selected
areas to institutions of higher education in the Delta
Region, especially Historically Black Colleges and
Universities.
SEC. 902. DEFINITIONS.
As used in this title, the term--
(1) ``Commission'' means the Lower Mississippi Delta
Development Commission established pursuant to Public Law
100-460;
(2) ``Delta Initiatives Report'' means the May 14, 1990
Final Report of the Commission entitled ``The Delta
Initiatives: Realizing the Dream . . . Fulfilling the
Potential'';
(3) ``Delta Region'' means the Lower Mississippi Delta
Region including the 219 counties and parishes within the
States of Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee, as defined in the Delta
Initiatives Report, except that, for any State for which the
Delta Region as defined in such report comprises more than
half of the geographic area of such State, the entire State
shall be considered part of the Delta Region for purposes of
this title;
(4) ``Historically Black College or University'' means a
college or university that would be considered a ``part B
institution'' by section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)); and
(5) ``minority college or university'' means a Historically
Black College or University that would be considered a ``part
B institution'' by section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)) or a ``minority institution'' as
that term is defined in section 1046 of the Higher Education
Act of 1965 (20 U.S.C. 1135d-5(3)).
SEC. 903. DEFINITIONS.
As used in this title, the term--
(1) ``Department'' means the United States Department of
the Interior, unless otherwise specifically stated; and
(2) ``Secretary'' means the Secretary of the Interior,
unless otherwise specifically stated.
SEC. 904. NATURAL RESOURCES AND ENVIRONMENTAL EDUCATIONAL
INITIATIVES.
(a) Office of Education.--(1) There shall be established
within the Department an Office of Education to encourage,
support, and coordinate education programs of the Department
at the elementary, secondary, college and university, and
graduate levels.
(2) The goals of the Office of Education shall be to--
(A) enhance the quality of education in the areas of
natural resources, the environment, the sciences, cultural
resource management, historic preservation, archeology,
aquaculture, and related subjects;
(B) establish initiatives at minority colleges or
universities;
(C) encourage the consideration of careers in the areas of
natural resources, the environment, the sciences, cultural
resource management, historic preservation, archeology,
aquaculture, and related subjects;
(D) enhance teacher development and recruitment;
(E) increase research opportunities for teachers and
students;
(F) enhance curriculum development; and
(G) improve laboratory instrumentation and equipment
through purchase, loan, or other transfer mechanisms.
(b) Duties.--The duties of the Secretary, through the
Office of Education, shall be to--
(1) coordinate the educational programs within the
Department, including implementation of programs established
under this title, in order to ensure the goals of the Office
of Education are met; and
(2) inventory existing education programs within the
Department.
(c) The Secretary shall report to Congress, within one year
after the date of the enactment of this Act and annually
thereafter, on an inventory of existing education programs of
the Department, the status of such programs, and progress
toward meeting the goals of the Office of Education as
established in this Act.
(d) Minority College and University Initiative.--(1) Within
one year after the date of the enactment of this Act, and
annually thereafter, the Secretary, through the Office of
Education, shall submit to the Committee on Energy and
Natural Resources of the United States Senate and to the
United States House of Representatives a report identifying
opportunities for minority colleges or universities to
participate in programs and activities carried out by the
Department. The Secretary, through the Office of Education,
shall consult with representatives of minority colleges or
universities in preparing the report. Such report shall--
(A) describe ongoing education and training programs
carried out by the Department with respect to, or in
conjunction with, minority colleges or universities in the
areas of natural resources, the environment, the sciences,
cultural resource management, historic preservation,
archeology, aquaculture, and related subjects;
(B) describe ongoing research, development or demonstration
programs involving the Department and minority colleges or
universities;
(C) describe funding levels for the programs referred to in
subparagraphs (A) and (B);
(D) include specific proposals and recommendations for
providing assistance to minority colleges and universities to
enter into memoranda of understanding and other appropriate
forms of agreement with the Department in order to plan and
develop programs to foster greater involvement of these
schools in the contract, research, education, training, and
recruitment activities of the Department;
(E) address the need for, and potential role of, the
Department in providing minority colleges or universities
with the following--
(i) increased research opportunities for facility and
students;
(ii) assistance in faculty development and recruitment;
(iii) curriculum enhancement and development; and
(iv) improved laboratory instrumentation and equipment,
through purchase, loan, or other transfer mechanisms;
(F) address the need for, and potential role of, the
Department in providing financial and technical assistance
for the development of infrastructure facilities, including
buildings and laboratory facilities, at minority colleges or
universities; and
(G) include specific proposals and recommendations,
together with estimates of necessary funding levels, for
initiatives to be carried out by the Department in order to
assist minority colleges or universities in providing
education and training in the areas of natural resources, the
environment, the sciences, cultural resource management,
historic preservation, archeology, aquaculture, and related
subjects.
(2) The Secretary, through the Office of Education, shall
encourage memoranda of understanding and other appropriate
forms of agreement between the Department and minority
colleges or universities directed at jointly planning and
developing programs to foster greater involvement of minority
colleges or universities in the research, education,
training, and recruitment activities of the Department.
(e) Scholarship Program.--The Secretary, through the Office
of Education, shall establish a scholarship program for
students pursuing undergraduate or graduate degrees in
natural resource and environmental related fields including,
but not limited to: biology, wildlife biology, forestry,
botany, horticulture, historic preservation, cultural
resource management, archeology, anthropology, aquaculture,
geology, engineering, the environment, the sciences, and
ecology at minority colleges and universities in the Delta
Region. The scholarship program shall include tuition
assistance. Recipients of such scholarships shall be students
deemed by the Secretary to have demonstrated (1) a need for
such assistance; and (2) academic potential in the particular
area of study.
(f) Pre-College Education.--The Secretary, through the
Office of Education, shall undertake activities to encourage
pre-college education programs in subjects relating to
natural resources, the environment, the sciences, cultural
resource management, historic preservation, archeology,
aquaculture, and related subjects, for students in the Delta
Region. Such activities shall include, but not be limited to,
the following--
(1) cooperation with, and assistance to, State departments
of education and local school districts in the Delta Region
to develop and carry out after school and summer education
programs for elementary, middle, and secondary school
students;
(2) cooperation with, and assistance to, institutions of
higher education in the Delta Region to develop and carry out
pre-college education programs for elementary, middle, and
secondary school students;
(3) cooperation with, and assistance to, State departments
of education and local school districts in the Delta Region
in the development and use of curriculum and educational
materials; and
(4) the establishment of education programs for elementary,
middle, and secondary school teachers in the Delta Region at
research facilities of the Department.
(g) Volunteer Program.--The Secretary, through the Office
of Education, shall establish and carry out a program to
encourage the involvement on a voluntary basis of qualified
employees of the Department in educational enrichment
programs relating to natural resources, the environment, the
sciences, cultural resource management, historic
preservation, archeology, aquaculture, and related subjects,
in cooperation with State departments of education and local
school districts in the Delta Region.
(h) Women and Minorities in the Sciences.--The Secretary,
through the Office of Education, shall establish a Center for
Excellence in the Sciences at Alcorn State in Lorman,
Mississippi, in cooperation with Southern University in Baton
Rouge, Louisiana, and the University of Arkansas at Pine
Bluff, Arkansas, and other minority colleges or universities
for purposes of encouraging women and minority students in
the Delta Region to study and pursue careers in the sciences.
The Center shall enter into cooperative agreements with
Southern University in Baton Rouge, Louisiana, and the
University of Arkansas at Pine Bluff, Arkansas, and other
minority colleges and universities in the Delta Region, to
carry out affiliated programs and coordinate program
activities at such colleges and universities. The Secretary
is authorized to provide grants and other forms of financial
assistance to the Center.
(i) Center for Aquaculture Studies.--The Secretary, through
the Office of Education, shall establish a Center for
Aquaculture Studies at the University of Arkansas at Pine
Bluff, Arkansas, in cooperation with Southern University in
Baton Rouge, Louisiana, and Alcorn State in Lorman,
Mississippi, and other minority colleges or universities for
purposes of encouraging women and minority students in the
Delta Region to study and pursue careers in the field of
aquaculture. The Center shall enter into cooperative
agreements with Southern University in Baton Rouge,
Louisiana, and Alcorn State in Lorman, Mississippi, and other
minority colleges or universities in the Delta Region to
carry out affiliated programs and coordinate program
activities at such colleges or universities.
(j) Coordination With Other Federal Agencies.--The
Secretary, through the Office of Education, shall ensure that
the programs authorized in this section are coordinated with,
and complimentary to, educational assistance programs
administered by other Federal agencies. These agencies
include, but are not limited to, the Department of Energy,
the Department of Agriculture, the Department of Education,
the Department of Defense, the National Science Foundation,
and the National Aeronautics and Space Administration.
SEC. 905. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.
(a) In General.--The Secretary, in consultation with the
States of the Delta Region, the Lower Mississippi Delta
Development Center, and other appropriate Delta Region
institutions, is directed to prepare and transmit to the
Congress within three years after the date of the enactment
of this Act, a study of significant natural, recreational,
historical or prehistorical, and cultural lands, waters,
sites, and structures located within the Delta Region. This
study shall take into consideration the research and
inventory of resources conducted by the Mississippi River
Heritage Corridor Study Commission.
(b) Transportation Routes.--(1) The study shall include
recommendations on appropriate designation and interpretation
of historically significant roads, trails, byways, waterways,
or other routes within the Delta Region.
(2) In order to provide for public appreciation, education,
understanding, interpretation, and enjoyment of the
significant sites identified pursuant to subsection (a),
which are accessible by public roads, the Secretary shall
recommend in the study vehicular tour routes along existing
public roads linking such sites within the Delta Region.
(3) Such recommendations shall include an analysis of
designating the Great River Road (as depicted on the map
entitled ``Proposed Delta Transportation Network'' on pages
102-103 of the Delta Initiatives Report) and other sections
of the Great River Road between Baton Rouge and New Orleans,
Louisiana and an analysis of designating that portion of the
Old Antonio Road and the Louisiana Natchez Trace which
extends generally along Highway 84 from Vidalia, Louisiana,
to Clarence, Louisiana, and Louisiana Highway 6 from
Clarence, Louisiana, to the Toledo Bend Reservoir, Louisiana,
as a National Scenic Byway, or as a component of the National
Trails System, or such other designation as the Secretary
deems appropriate.
(4) The Secretary shall also recommend in the study an
appropriate route along existing public roads to commemorate
the importance of timber production and trade to the economic
development of the Delta Region in the early twentieth
century, and to highlight the continuing importance of timber
production and trade to the economic life of the Delta
Region. Recommendations shall include an analysis of
designating that portion of US 165 which extends from
Alexandria, Louisiana, to Monroe, Louisiana, as a National
Scenic Byway, or as a component of the National Trails
System, or such other designation as the Secretary deems
appropriate.
(5) The study shall also include a comprehensive
recreation, interpretive, and visitor use plan for the routes
described in the above paragraphs, including bicycle and
hiking paths, and make specific recommendations for the
acquisition and construction or related interpretive and
visitor information facilities at selected sites along such
routes.
(6) The Secretary is authorized to make grants to States
for work necessary to stabilize, maintain, and widen public
roads to allow for adequate access to the nationally
significant sites and structures identified by the study, to
allow for proper use of the vehicular tour route, trails,
byways, including the routes defined in paragraphs (3) and
(4) or other public roads within the Delta Region and to
implement the comprehensive recreation, interpretive, and
visitor use plan required in paragraph (5).
(c) Listing.--On the basis of the study, and in
consultation with the National Trust for Historic
Preservation, the Secretary shall inventory significant
structures and sites in the Delta Region. The Secretary shall
further recommend and encourage cooperative preservation and
economic development efforts such as the establishment of
preservation districts linking groups of contiguous counties
or parishes, especially those that lie along the
aforementioned designated routes. The Secretary shall prepare
a list of the sites and structures for possible inclusion by
the National Park Service as National Historic Landmarks or
such other designation as the Secretary deems appropriate.
SEC. 906. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND
CULTURAL CENTERS.
(a) Findings.--The Congress finds that--
(1) in 1990, the Congress authorized the Institute of
Museum Services to prepare a report assessing the needs of
small, emerging, minority, and rural museums in order to
identify the resources such museums needed to meet their
educational mission, to identify the areas of museum
operation in which the needs were greatest, and to make
recommendations on how these needs could best be met;
(2) the Institute of Museum Services undertook a
comprehensive eighteen month study of such needs with the
assistance of two advisory groups, surveyed 524 museums from
throughout the Nation, held discussion groups in which
representatives of 25 museum groups participated, and
conducted case studies of 12 museum facilities around the
Nation;
(3) on the basis of this assessment, the Institute of
Museum Services issued a report in September, 1992, entitled,
``National Needs Assessment of Small, Emerging, Minority and
Rural Museums in the United States'' (hereinafter ``National
Needs Assessment'') which found that small, emerging,
minority, and rural museums provide valuable educational and
cultural resources for their communities and contain a
reservoir of the Nation's material, cultural and historical
heritage, but due to inadequate resources are unable to meet
their full potential or the demands of the surrounding
communities;
(4) the needs of these institutions are not being met
through existing Federal programs;
(5) fewer than half of the participants in the survey had
applied for Federal assistance in the past two years and that
many small, emerging, minority and rural museums believe
existing Federal programs do not meet their needs;
(6) based on the National Needs Assessment, that funding
agencies should increase support available to small,
emerging, minority, and rural museums and make specific
recommendations for increasing technical assistance in order
to identify such institutions and provide assistance to
facilitate their participation in Federal programs;
(7) the Delta Initiatives Report made specific
recommendations for the creation and development of centers
for the preservation of the cultural, historical, and
literary heritage of the Delta Region, including
recommendations for the establishment of a Delta Region
Native American Heritage and Cultural Center and a Delta
Region African American Heritage and Cultural Center with
additional satellite centers or museums linked throughout the
Delta Region;
(8) the Delta Initiatives Report stated that new ways of
coordinating, preserving, and promoting the Delta Region's
literature, art, and music should be established including
the creation of a network to promote the Delta Region's
literary, artistic, and musical heritage; and
(9) wholesale destruction and attrition of archeological
sites and structures has eliminated a significant portion of
Native American heritage as well as the interpretive
potential of the Delta Region's parks and museums.
Furthermore, site and structure destruction is so severe that
an ambitious program of site and structure acquisition in the
Delta Region is necessary.
(b) General.--The Secretary, in consultation with the
States of the Delta Region, the Chairman of the National
Endowment for the Arts, the Chairman of the National
Endowment for the Humanities, the Director of the Smithsonian
Institution, the Lower Mississippi Delta Development Center,
Historically Black Colleges and Universities, and appropriate
African American, Native American and other relevant
institutions or organizations in the Delta Region, is further
directed to prepare and transmit to the Congress a plan
outlining specific recommendations, including recommendations
for necessary funding, for the establishment of a Delta
Region Native American Heritage Corridor and Heritage and
Cultural Center and a Delta Region African American Heritage
Corridor and Heritage and Cultural Center with a network of
satellite or cooperative units.
(c) Delta Region Native American Heritage Corridor and
Cultural Center.--(1) The plan referred to in subsection (b)
of this section shall include recommendations for
establishing a network of parks, museums, and other centers
to interpret Native American culture and heritage in the
Delta Region, including a ten year development strategy for
such a network.
(2) Such plan shall include specific proposals for the
development of a Native American Heritage Corridor and
Heritage and Cultural Center in the Delta Region, along with
recommendations for the appropriate Federal role in such a
center including matching grants, technical and interpretive
assistance.
(3) Such plan shall be conducted in consultation with
tribal leaders in the Delta Region.
(4) Such plan shall also include specific proposals for
educational and training assistance for Delta Region Native
Americans to carry out the recommendations provided in the
study.
(d) Delta Region African American Heritage Corridor and
Heritage and Cultural Center.--(1) The plan referred to in
subsection (b) of this section shall include recommendations
for establishing a heritage corridor or trail system,
consisting of one or two major north-south routes and several
east-west-spur loops to preserve, interpret and commemorate
the African American heritage and culture in the Delta Region
during all significant historical periods.
(2) Such plan shall make specific recommendations for
representing all forms of expensive culture including the
musical, folklore, literary, artistic, scientific,
historical, educational, and political contributions and
accomplishments of African Americans in the Delta Region.
(3) Such plan shall make specific recommendations for
implementing the findings of the Delta Initiatives Report
with respect to establishing an African American Heritage
Corridor and Heritage and Cultural Center and related
satellite museums in the Delta Region, together with specific
funding levels necessary to carry out these recommendations
and shall also include recommendations for improving access
of small, emerging, minority or rural museums to technical
and financial assistance.
(4) Such plan shall be conducted in consultation with
institutions of higher education in the Delta Region with
expertise in African American studies, Southern studies,
archeology, anthropology, history and other relevant fields.
(5) Such plan shall make specific recommendations for
improving educational programs offered by existing cultural
facilities and museums as well as establishing new outreach
programs for elementary, middle and secondary schools,
including summer programs for youth in the Delta Region.
(e)(1) In furtherance of the purposes of this section, the
Secretary is authorized to make planning grants to State
Humanities Councils in the Delta Region to assist small,
emerging, minority and rural museums selected on a financial
needs basis in the development of a comprehensive long term
plan for these institutions. The Secretary is also authorized
to make implementation grants to State Humanities Councils in
the Delta Region who, in consultations with State Museum
Associations, shall make grants to small, emerging, minority
or rural museums for the purpose of carrying out an approved
plan for training personnel, improving exhibits or other
steps necessary to assure the integrity of collections in
their facilities, for educational outreach programs, or for
other activities the Secretary deems appropriate including
the promotion of tourism in the region. Such institutions
shall be selected competitively and on the basis of
demonstrated financial need. The Secretary is also authorized
to make grants to State Humanities Councils to update,
simplify and coordinate the respective State Works Progress
Administration guides and to develop a single comprehensive
guide for the Delta Region.
(2) The Secretary is authorized to provide grants and other
appropriate technical assistance to State Humanities
Councils, State museum Associations, and State Arts Councils
in the Delta Region for the purpose of assessing the needs of
such institutions. Such grants may be used by these
institutions to undertake such an assessment and to provide
other technical, administrative and planning assistance to
small, emerging, minority or rural institutions seeking to
preserve the Delta Region's literary, artistic, and musical
heritage.
(f) Music Heritage Program.--(1) The plan referred to in
subsection (b) of this section shall include recommendations
for establishing a Music Heritage Program, with specific
emphasis on the Mississippi Delta Blues. The plan shall
include specific recommendations for developing a network of
heritage sites, structures, small museums, and festivals in
the Delta Region.
(2) The plan shall include an economic strategy for the
promotion of the Delta Region's music, through the
participation of musicians, festival developers, museum
operators, universities, and other relevant individuals and
organizations.
(g) Completion Date.--The plan authorized in this section
shall be completed not later than three years after the date
funds are made available for such plan.
SEC. 907. HISTORIC AND PREHISTORIC STRUCTURES AND SITES
SURVEY.
(a) Assistance.--The Secretary is authorized to provide
technical and financial assistance to Historically Black
Colleges and Universities to undertake a comprehensive survey
of historic and prehistoric structures and sites located on
their campuses, including recommendations as to the inclusion
of appropriate structures and sites on the National Register
of Historic Places, designation as National Historic
Landmarks, or other appropriate designation as determined by
the Secretary. The Secretary shall also make specific
proposals and recommendations, together with estimates of
necessary funding levels, for a comprehensive plan to be
carried out by the Department to assist Historically Black
Colleges and Universities in the preservation and
interpretation of such sites and structures.
(b) Grants.--In furtherance of the purposes of this
section, the Secretary is authorized to provide technical and
financial assistance to Historically Black Colleges and
Universities for stabilization, preservation and
interpretation of such sites and structures.
SEC. 908. DELTA ANTIQUITIES SURVEY.
(a) General.--(1) The Secretary is directed to prepare and
transmit to the Congress, in cooperation with the States of
the Delta Region, State Archaeological Surveys and Regional
Archeological Centers, a study of the feasibility of
establishing a Delta Antiquities Trail or Delta Antiquities
Heritage Corridor in the Delta Region.
(2) Such study shall, to the extent practicable, use
nonintrusive methods of identifying, surveying, inventorying,
and stabilizing ancient archeological sites and structures.
(3) In undertaking this study, the Secretary is directed to
enter into cooperative agreements with the States of the
Delta Region, the State Archeological Surveys, and Regional
Archeological Centers located in Delta Region institutions of
higher education for on-site activities including surveys,
inventories, and stabilization and other activities which the
Secretary deems appropriate.
(4) In addition to the over 100 known ancient archeological
sites located in the Delta Region including Watson's Brake,
Frenchman's Bend, Hedgepeth, Monte Sano, Banana Bayou,
Hornsby, Parkin, Toltec, Menard-Hodges, Eaker, Blytheville
Mound, Nodena, Taylor Mounds, DeSoto Mound and others, such
study shall also employ every practical means possible,
including assistance from the National Aeronautics and Space
Administration, the Forest Service and Soil Conservation
Service of the Department of Agriculture, the Army Corps of
Engineers of the Department of Defense, and other appropriate
Federal agencies, to locate and confirm the existence of a
site known as Balbansha in southern Louisiana and a site
known as Autiamque in Arkansas. The heads of these Federal
agencies shall cooperate with the Secretary as the Secretary
requires on a non-reimbursable basis.
(b) In furtherance of the purposes of this section, the
Secretary is authorized to provide technical assistance and
grants to private landowners for necessary stabilization
activities of identified sites and for preparing
recommendations for designating such sites as National
Landmarks or other appropriate designations as the Secretary,
with the concurrence of the landowners, determines to be
appropriate.
(c) The Secretary is authorized to enter into cooperative
agreements with the States, State Archeological Surveys, and
Regional Archeological Centers of the Delta Region to develop
a ten-year plan for the stabilization, preservation and
interpretation of those sites and structures as may be
identified by the Secretary.
SEC. 909. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.
(a) Program.--The Secretary shall conduct a comprehensive
program for the research, interpretation, and preservation of
significant historic and archeological resources in the Delta
Region.
(b) Elements of the Program.--The program shall include,
but not be limited to--
(1) identification of research projects related to historic
and archeological resources in the Delta Region and a
proposal for the regular publication of related research
materials and publications;
(2) the development of a survey program to investigate,
inventory and further evaluate known historic and
archeological sites and structures and identify those sites
and structures that require additional study;
(3) identification of a core system of interpretive sites
and structures that would provide a comprehensive overview of
historic and archeological resources of the Delta Region;
(4) preparation of educational materials to interpret the
historical and archeological resources of the Delta Region;
(5) preparation of surveys and archeological and historical
investigations of sites, structures, and artifacts relating
to the Delta Region, including the preparation of reports,
maps, and other related activities.
(c) Grants and Technical Assistance.--(1) The Secretary is
authorized to award grants to qualified tribal, governmental
and non-governmental entities and individuals to assist the
Secretary in carrying out those elements of the program which
the Secretary deems appropriate.
(2) The Secretary is further authorized to award grants and
provide other types of technical and financial assistance to
such entities and individuals to conserve and protect
historic and archeological sites and structures in the Delta
Region identified in the program prepared pursuant to this
section.
(d) The Secretary shall establish a national demonstration
project for the conservation and curation of the
archeological records and collections of Federal and State
management agencies in the Delta Region.
TITLE X--AUTHORIZATION OF APPROPRIATIONS
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this Act.
TITLE XI--NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
SEC. 1101. SHORT TITLE.
This title may be cited as the ``New Orleans Jazz National
Historical Park Act of 1994''.
SEC. 1102. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that:
(1) Jazz is the United States' most widely recognized
indigenous music and art form. Congress previously recognized
jazz in 1987 through Senate Concurrent Resolution 57 as a
rare and valuable national treasure of international
importance.
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music
that is known as New Orleans jazz, which is an expression of
the cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the
lower Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose.--In furtherance of the need to recognize the
value and importance of jazz, it is the purpose of this title
to establish a New Orleans Jazz National Historical Park to
preserve the origins, early history, development and
progression of jazz; provide visitors with opportunities to
experience the sights, sounds, and places where jazz evolved;
and implement innovative ways of establishing jazz
educational partnerships that will help to ensure that jazz
continues as a vital element of the culture of New Orleans
and our Nation.
SEC. 1103. ESTABLISHMENT.
(a) In General.--In order to assist in the preservation,
education, and interpretation of jazz as it has evolved in
New Orleans, and to provide technical assistance to a broad
range of organizations involved with jazz music and its
history, there is hereby established the New Orleans Jazz
National Historical Park (hereinafter referred to as the
``historical park''). The historical park shall be
administered in conjunction with the Jean Lafitte National
Historical Park and Preserve, which was established to
preserve and interpret the cultural and natural resources of
the lower Mississippi Delta Region.
(b) Area Included.--The historical park shall consist of
lands and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as ``the Secretary'') may designate for an
interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements
with the National Park Service for the purposes of
interpretive demonstrations and programs associated with the
purposes of this title.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months after the date of enactment
of this title, the Secretary is directed to complete a
national historic landmark evaluation of sites associated
with jazz in and around New Orleans as identified in the
document entitled ``New Orleans Jazz Special Resource
Study'', prepared by the National Park Service pursuant to
Public Law 101-499. In undertaking the evaluation, the
Secretary shall, to the extent practicable, utilize existing
information relating to such sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility,
and offer outstanding opportunities to further the purposes
of this title, the Secretary may designate such sites as part
of the historical park, following consultation with the
owners of such sites, the city of New Orleans, the
Smithsonian Institution, and the New Orleans Jazz Commission,
and notification to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of
Representatives.
SEC. 1104. ADMINISTRATION.
(a)(1) In General.--The Secretary shall administer the
historical park in accordance with this title and with
provisions of law generally applicable to units of the
National Park System, including the Act 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, 2-4);
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467). The Secretary shall manage the historical park in such
a manner as will preserve and perpetuate knowledge and
understanding of the history of jazz and its continued
evolution as a true American art form.
(2) To minimize operational costs associated with the
management and administration of the historical park and to
avoid duplication of effort, the Secretary shall, to the
maximum extent practicable, utilize the facilities,
administrative staff and other services of the Jean Lafitte
National Historical Park and Preserve.
(b) Donations.--The Secretary may accept and retain
donations of funds, property, or services from individuals,
foundations, corporations, or other public entities for the
purposes of providing services, programs, and facilities that
further the purposes of this title.
(c) Interpretive Center.--The Secretary is authorized to
construct, operate, and maintain an interpretive center in
the historical park on lands identified by the Secretary
pursuant to section 1103(b)(1). Programs at the center shall
include, but need not be limited to, live jazz interpretive
and educational programs, and shall provide visitors with
information about jazz-related programs, performances, and
opportunities.
(d) Jazz Heritage Districts.--The Secretary may provide
technical assistance to the city of New Orleans and other
appropriate entities for the designation of certain areas in
and around New Orleans as jazz heritage districts. Such
districts shall include those areas with an exceptional
concentration of jazz historical sites and established
community traditions of jazz street parades.
(e) Cooperative Agreements, Grants and Technical
Assistance.--In furtherance of the purposes of this title--
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 1107, is
authorized to enter into cooperative agreements with owners
of properties that are designated pursuant to section
1103(b)(3) which provide outstanding educational and
interpretive opportunities relating to the evolution of jazz
in New Orleans. The Secretary may assist in rehabilitating,
restoring, marking, and interpreting and may provide
technical assistance for the preservation and interpretation
of such properties. Such agreements shall contain, but need
not be limited to, provisions that the National Park Service
will have reasonable rights of access for operational and
visitor use needs, that rehabilitation and restoration will
meet the Secretary's standards for rehabilitation of historic
buildings, and that specify the roles and responsibilities of
the Secretary for each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of
Louisiana, and other appropriate public and private
organizations under which the other parties to the agreement
may contribute to the acquisition, construction, operation,
and maintenance of the interpretive center and to the
operation of educational and interpretive programs to further
the purposes of this title; and
(3) the Secretary, in consultation with the New Orleans
Jazz Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) Jazz Educational Programs.--The Secretary shall, in the
administration of the historical park, promote a broad range
of educational activities relating to jazz and its history.
The Secretary shall cooperate with schools, universities, and
organizations supporting jazz education to develop
educational programs that provide expanded public
understanding of jazz and enhanced opportunities for public
appreciation. The Secretary may assist appropriate entities
in the development of an information base including archival
material, audiovisual records, and objects that relate to the
history of jazz.
SEC. 1105. ACQUISITION OF PROPERTY.
(a) General Authority.--The Secretary may acquire lands and
interests therein within the sites designated pursuant to
section 1103(b)(1) and (3) by donation or purchase with
donated or appropriated funds or long term lease: Provided,
That sites designated pursuant to section 1103(b)(3) shall
only be acquired with the consent of the owner thereof.
(b) State and Local Properties.--Lands and interests in
lands which are owned by the State of Louisiana, or any
political subdivision thereof, may be acquired only by
donation.
SEC. 1106. GENERAL MANAGEMENT PLAN.
Within 3 years after the date funds are made available
therefor and concurrent with the national landmark study
referenced in section 1103(b)(3), the Secretary, in
consultation with the New Orleans Jazz Commission, shall
prepare a general management plan for the historical park.
The plan shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to
the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities
that are proposed for inclusion within the historical park,
including a visitor center;
(4) identification of programs that the Secretary will
implement or be associated with through cooperative
agreements with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the
purpose of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative
agreements that will be used to assist in the management of
historical park facilities and programs.
SEC. 1107. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) Establishment.--To assist in implementing the purposes
of this title and the document entitled ``New Orleans Jazz
Special Resource Study'', there is established the New
Orleans Jazz Commission (hereinafter referred to as the
``Commission'').
(b) Membership.--The Commission shall consist of 17 members
to be appointed no later than 6 months after the date of
enactment of this Act. The Commission shall be appointed by
the Secretary as follows:
(1) One member from recommendations submitted by the Mayor
of New Orleans.
(2) Two members who have recognized expertise in music
education programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism
in the greater New Orleans area, from recommendations
submitted by local businesses.
(4) One member from recommendations submitted by the Board
of the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of
historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Chairman of the National
Endowment of the Arts, who are recognized musicians with
knowledge and experience in the development of jazz in New
Orleans.
(7) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Director of the Louisiana
State Museum with recognized expertise in the interpretation
of jazz history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or
other local associations; from recommendations submitted by
the Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent
societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans
Jazz and Heritage Foundation.
(10) One member from recommendations submitted by the
Governor of the State of Louisiana, who shall be a member of
the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from
recommendations submitted by the club.
(12) One member who is a recognized local expert on the
history, development and progression of jazz in New Orleans
and is familiar with existing archival materials from
recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National
Park Service in working with individuals, groups, and
organizations including economic and business interests in
determining programs in which the Secretary should
participate through cooperative agreement;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools,
universities, and other groups to furtherance of the purposes
of this title;
(3) in consultation and cooperation with the Secretary,
develop partnerships with city-wide organizations, and raise
and disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other
traditional groups in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and
advise on hiring brass bands and musical groups to
participate in education programs and help train young
musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor
center and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New
Orleans; and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from
individuals, foundations, corporations, or other public or
private entities and expend and use the same for the purposes
of providing services, programs, and facilities for jazz
education, or assisting in the rehabilitation and restoration
of structures identified in the national historic landmark
study referenced in section 1103(b)(3) as having outstanding
significance to the history of jazz in New Orleans.
(d) Appointment.--Members of the Commission shall be
appointed for staggered terms of 3 years, as designated by
the Secretary at the time of the initial appointment.
(e) Chairman.--The Commission shall elect a chairman from
among its members. The term of the chairman shall be for 3
years.
(f) Terms.--Any member of the Commission appointed by the
Secretary for a 3-year term may serve after the expiration of
his or her term until a successor is appointed. Any vacancy
shall be filled in the same manner in which the original
appointment was made. Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor was appointed.
(g) Per Diem Expenses.--Members of the Commission shall
serve without compensation. Members shall be entitled to
travel expenses under section 5703, title 5, United States
Code, when engaged in Commission business, including per diem
in lieu of subsistence in the same manner as persons employed
intermittently.
(h) Administrative Support.--The Secretary shall provide
the Commission with assistance in obtaining such personnel,
equipment, and facilities as may be needed by the Commission
to carry out its duties.
(i) Annual Report.--The Commission shall submit an annual
report to the Secretary identifying its expenses and income
and the entities to which any grants or technical assistance
were made during the year for which the report is made.
SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
Mr. JOHNSTON. Mr. President, I move to reconsider the vote by which
the bill was passed.
Mrs. BOXER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
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