[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9537-H9591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDMENTS
Under clause 6 of rule XXIII, proposed amendments were submitted as
follows:
H.R. 4274
Offered By: Mr. Ackerman
Amendment No. 28: Page 53, after line 8, insert the
following section:
Sec. 221. Of the amounts made available in this title for
the account for the Office of the Director of the Centers for
Disease Control and Prevention, the account for the Office of
the Director of the National Institutes of Health, and the
account for general departmental management (Office of the
Secretary of Health and Human Services), $6,000,000 (derived
equally from such accounts) is transferred and made available
to the Secretary of Health and Human Services for making
grants under section 2625(c) of the Public Health Service
Act.
H.R. 4274
Offered By: Mr. Coburn
Amendment No. 29: At the end of the bill, insert after the
last section (preceding the short title) the following:
TITLE VIII--ADDITIONAL GENERAL PROVISIONS
Sec. 801. None of the funds made available in this Act may
be used by the Centers for Disease Control and Prevention, or
any other part of the Public Health Service, to conduct or
support any program in which blood samples are collected from
individuals and tested for the human immunodeficiency virus
in circumstances in which the samples do not indicate the
identity of the individuals from whom the samples were taken.
H.R. 4274
Offered By: Mr. Hayworth
Amendment No. 30: Page 56, line 5, after the first dollar
amount, insert the following: ``(increased by $7,000,000)''.
Page 59, line 20, after the dollar amount, insert the
following: ``(decreased by $7,000,000)''.
H.R. 4274
Offered By: Mr. Sanders
Amendment No. 31: Page 29, line 8, strike ``transfer.'' and
insert ``transfer: Provided further, That the Director shall
evaluate the effectiveness of child sexual abuse prevention
efforts by the program known as `Stop It Now!', at its
current and proposed sites.''.
H.R. 4274
Offered By: Mr. Stearns
Amendment No. 32: Page 53, after line 8, insert the
following section:
Sec. 221. Section 421 of the Public Health Service Act (42
U.S.C. 285b-3) is amended by adding at the end the following
subsection:
``(c) Programs under subsection (a)(1)(E) (relating to
emergency medical services and preventive, diagnostic,
therapeutic, and rehabilitative approaches) shall include
programs for the following:
``(1) The development and dissemination, in coordination
with the emergency services guidelines promulgated under
section 402(a) of title 23, United States Code, by the
Associate Administrator for Traffic Safety Programs,
Department of Transportation, of a core content for a model
State training program applicable to cardiac arrest for
inclusion in appropriate current emergency medical services
educational curricula and training programs that address
lifesaving interventions, including cardiopulmonary
resuscitation and defibrillation. In developing the core
content for such program, the Director of the Institute may
rely upon the content of similar curricula and training
programs developed by national nonprofit entities. The core
content of such program--
``(A) may be used by health care professionals, allied
health personnel, emergency medical services personnel,
public safety personnel, and any other persons who are likely
to arrive immediately at the scene of a sudden cardiac arrest
(in this subsection referred to as `cardiac arrest care
providers') to provide lifesaving interventions, including
cardiopulmonary resuscitation and defibrillation;
``(B) shall include age-specific criteria for the use of
particular techniques, which shall include infants and
children; and
``(C) shall be reevaluated as additional interventions are
shown to be effective.
``(2) The operation of a limited demonstration project to
provide training in such core content for cardiac arrest care
providers to validate the effectiveness of the training
program.
``(3) The definition and identification of cardiac arrest
care providers, by personal relationship, exposure to arrest
or trauma, occupation (including health professionals), or
otherwise, who could provide benefit to victims of out-of-
hospital arrest by comprehension of such core content.
``(4) The establishment of criteria for completion and
comprehension of such core content, including consideration
of inclusion in health and safety educational curricula.
``(5) The identification of equipment and supplies that
should be accessible to cardiac arrest care providers to
permit lifesaving interventions by preplacement of such
equipment in appropriate locations insofar as such activities
are consistent with the development of the core content and
utilize information derived from such studies by the National
Institutes of Health on investigation in cardiac
resuscitation.
``(6) The development in accordance with this paragraph of
model State legislation (or Federal legislation applicable to
Federal territories, facilities, and employees). In
developing the model legislation, the Director of the
Institute shall cooperate with the Attorney General, and may
consult with nonprofit private organizations that are
involved in the drafting of model State legislation. The
model legislation should take into consideration the
following:
``(A) The purpose of the model legislation shall be to
ensure--
``(i) access to emergency medical services through
consideration of a requirement for public placement of
lifesaving equipment; and
``(ii) good samaritan immunity for cardiac arrest care
providers; those involved with the instruction of the
training programs; and owners and managers of property where
equipment is placed.
``(B) In the development of the model legislation, there
shall be consideration of requirements for training in the
core content and use of lifesaving equipment for State
licensure or credentialing of health professionals or other
occupations or employment of other individuals who may be
defined as cardiac arrest care providers under paragraph (3).
``(7) The coordination of a national database for reporting
and collecting information relating to the incidence of
cardiac arrest, the circumstances surrounding such arrests,
the rate of survival, the effect of age, and whether
interventions, including cardiac arrest care provider
interventions, or other aspects of the chain of survival,
improve the rate of survival. The development of such
database shall be coordinated with other existing databases
on emergency care that have been developed under the
authority of the National Highway Traffic Safety
Administration and the Centers for Disease Control and
Prevention.''.
[[Page H9538]]
H.R. 4570
Offered By: Mr. Hansen
Amendment No. 1: Strike all after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
National Parks and Public Lands Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
TITLE I--BOUNDARY ADJUSTMENTS AND RELATED CONVEYANCES
Sec. 101. Fort Davis Historic Site, Fort Davis, Texas.
Sec. 102. Abraham Lincoln Birthplace National Historic Site, Kentucky.
Sec. 103. Grand Staircase-Escalante National Monument, Utah.
Sec. 104. George Washington Birthplace National Monument, Virginia.
Sec. 105. Wasatch-Cache National Forest and Mount Naomi Wilderness,
Utah.
Sec. 106. Bandelier National Monument, New Mexico.
TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT
Subtitle A--Southern Nevada Public Land Management
Sec. 201. Conveyance to Clark County Department of Aviation.
Subtitle B--Conveyance of Canyon Ferry Reservoir Properties
Sec. 221. Findings.
Sec. 222. Purpose.
Sec. 223. Definitions.
Sec. 224. Sale of Properties.
Sec. 225. Management of Bureau of Reclamation recreation area.
Sec. 226. Use of proceeds.
Sec. 227. Montana Fish and Wildlife Conservation Trust.
Sec. 228. Canyon Ferry-Broadwater County Trust.
Sec. 229. Canyon Ferry Cabin Site Transfer Trust.
Subtitle C--Conveyance of National Forest Lands for Public School
Purposes
Sec. 231. Authorization of use of National Forest lands for public
school purposes.
Subtitle D--Other Conveyances
Sec. 241. Land exchange, El Portal Administrative Site, California.
Sec. 242. Authorization to use land in Merced County, California, for
elementary school.
Sec. 243. Issuance of quitclaim deed, Steffens family property, Big
Horn County, Wyoming.
Sec. 244. Issuance of quitclaim deed, Lowe family property, Big Horn
County, Wyoming.
Sec. 245. Utah schools and lands exchange.
Sec. 246. Land exchange, Routt National Forest, Colorado.
Sec. 247. Hart Mountain jurisdictional transfers, Oregon.
Sec. 248. Sale, lease, or exchange of Idaho school land.
Sec. 249. Transfer of jurisdiction of certain property in San Joaquin
County, California, to Bureau of Land Management.
Sec. 250. Conveyance, Camp Owen and related parcels, Kern County,
California.
Sec. 251. Treatment of certain land acquired by exchange, Red Cliffs
Desert Reserve, Utah.
Sec. 252. Land conveyance, Yavapai County, Arizona.
Sec. 253. Conveyance, Old Coyote Administrative Site, Rio Arriba
County, New Mexico.
Sec. 254. Acquisition of real property interests for addition to
Chickamauga-Chattanooga National Military Park.
Sec. 255. Land transfers involving Rogue River National Forest and
other public lands in Oregon.
Sec. 256. Protection of Oregon and California Railroad grant lands.
TITLE III--HERITAGE AREAS
Subtitle A--Delaware and Lehigh National Heritage Corridor of
Pennsylvania
Sec. 301. Change in name of Heritage Corridor.
Sec. 302. Purpose.
Sec. 303. Corridor Commission.
Sec. 304. Powers of Corridor Commission.
Sec. 305. Duties of Corridor Commission.
Sec. 306. Termination of Corridor Commission.
Sec. 307. Duties of other Federal entities.
Sec. 308. Authorization of appropriations.
Sec. 309. Local authority and private property.
Sec. 310. Duties of the Secretary.
Subtitle B--Automobile National Heritage Area of Michigan
Sec. 311. Findings and purposes.
Sec. 312. Definitions.
Sec. 313. Automobile National Heritage Area.
Sec. 314. Designation of partnership as management entity.
Sec. 315. Management duties of the Automobile National Heritage Area
Partnership.
Sec. 316. Duties and authorities of Federal agencies.
Sec. 317. Lack of effect on land use regulation and private property.
Sec. 318. Sunset.
Sec. 319. Authorization of appropriations.
Subtitle C--Lackawanna Heritage Valley American Heritage Area of
Pennsylvania
Sec. 321. Findings and purpose.
Sec. 322. Lackawanna Heritage Valley American Heritage Area.
Sec. 323. Compact.
Sec. 324. Authorities and duties of management entity.
Sec. 325. Duties and authorities of Federal agencies.
Sec. 326. Sunset.
Sec. 327. Authorization of appropriations.
Subtitle D--Miscellaneous Provisions
Sec. 331. Blackstone River Valley National Heritage Corridor,
Massachusetts and Rhode Island.
Sec. 332. Illinois and Michigan Canal National Heritage Corridor,
Illinois.
TITLE IV--HISTORIC AREAS
Sec. 401. Battle of Midway National Memorial study.
Sec. 402. Historic lighthouse preservation.
Sec. 403. Thomas Cole National Historic Site, New York.
Sec. 404. Addition of the Paoli Battlefield to the Valley Forge
National Historical Park.
Sec. 405. Casa Malpais National Historic Landmark, Arizona.
Sec. 406. Lower East Side Tenement National Historic Site, New York.
Sec. 407. Gateway Visitor Center authorization, Independence National
Historical Park.
Sec. 408. Tuskegee Airmen National Historic Site, Alabama.
Sec. 409. Little Rock Central High School National Historic Site,
Arkansas.
Sec. 410. Weir Farm National Historic Site, Connecticut.
Sec. 411. Kate Mullany National Historic Site, New York.
Sec. 412. Route 66 National Historic Highway.
Sec. 413. Valley Forge Museum of the American Revolution at Valley
Forge National Historical Park, Pennsylvania.
TITLE V--SAN RAFAEL SWELL
Sec. 501. Short title.
Sec. 502. Definitions.
Subtitle A--San Rafael Swell National Heritage Area
Sec. 511. Short title; findings; purposes.
Sec. 512. Designation.
Sec. 513. Definitions.
Sec. 514. Grants, technical assistance, and other duties and
authorities of Federal agencies.
Sec. 515. Compact and heritage plan.
Sec. 516. Heritage Council.
Sec. 517. Lack of effect on land use regulation.
Sec. 518. Authorization of appropriations.
Subtitle B--San Rafael Swell National Conservation Area
Sec. 521. Definition of plan.
Sec. 522. Establishment of national conservation area.
Sec. 523. Management.
Sec. 524. Additions.
Sec. 525. Advisory Council.
Sec. 526. Relationship to other laws and administrative provisions.
Sec. 527. Communications equipment.
Subtitle C--Wilderness Areas Within Conservation Area
Sec. 531. Designation of wilderness.
Sec. 532. Administration of wilderness areas.
Sec. 533. Livestock.
Sec. 534. Wilderness release.
Subtitle D--Other Special Management Areas Within Conservation Area
Sec. 541. San Rafael Swell Desert Bighorn Sheep Management Area.
Sec. 542. Semi-primitive nonmotorized use areas.
Sec. 543. Scenic visual area of critical environmental concern.
Subtitle E--General Management Provisions
Sec. 551. Livestock grazing.
Sec. 552. Cultural and paleontological resources.
Sec. 553. Land exchanges relating to school and institutional trust
lands.
Sec. 554. Water rights.
Sec. 555. Miscellaneous.
TITLE VI--NATIONAL PARKS
Sec. 601. Provision for roads in Pictured Rocks National Lakeshore.
Sec. 602. Expansion of Arches National Park, Utah.
Sec. 603. Cumberland Island National Seashore, Georgia.
Sec. 604. Studies of potential National Park System units in Hawaii.
Sec. 605. Santa Cruz Island, additional rights of use and occupancy.
Sec. 606. Acquisition of Warren Property for Morristown National
Historical Park.
Sec. 607. Amendment of Land and Water Conservation Fund Act of 1965
regarding treatment of receipts at certain parks.
Sec. 608. Chattahoochee River National Recreation Area.
Sec. 609. Protection of lodges in Grand Canyon National Park.
TITLE VII--REAUTHORIZATIONS
Sec. 701. Reauthorization of National Historic Preservation Act.
Sec. 702. Reauthorization of Delaware Water Gap National Recreation
Area Citizen Advisory Commission.
Sec. 703. Coastal Heritage Trail Route in New Jersey.
[[Page H9539]]
Sec. 704. Extension of authorization for Upper Delaware Citizens
Advisory Council.
TITLE VIII--RIVERS AND TRAILS
Sec. 801. National discovery trails.
Sec. 802. Sudbury, Assabet, and Concord Wild and Scenic Rivers.
Sec. 803. Assistance to the National Historic Trails Interpretive
Center.
TITLE IX--HAZARDOUS FUELS REDUCTION
Sec. 901. Short title.
Sec. 902. Findings and purpose.
Sec. 903. Definitions.
Subtitle A--Management of Wildland/Urban Interface Areas
Sec. 911. Identification of wildland/urban interface areas.
Sec. 912. Contracting to reduce hazardous fuels and undertake forest
management projects in wildland/urban interface areas.
Sec. 913. Monitoring requirements.
Sec. 914. Reporting requirements.
Sec. 915. Special funds.
Sec. 916. Termination of authority.
Subtitle B--Miscellaneous Provisions
Sec. 921. Regulations.
Sec. 922. Authorization of appropriations.
TITLE X--MISCELLANEOUS PROVISIONS
Sec. 1001. Authority to establish Mahatma Gandhi memorial.
Sec. 1002. Establishment of the National Cave and Karst Research
Institute in New Mexico.
Sec. 1003. Guadalupe-Hidalgo Treaty land claims.
Sec. 1004. Otay Mountain Wilderness.
Sec. 1005. Acquisition and management of Wilcox Ranch, Utah, for
wildlife habitat.
Sec. 1006. Acquisition of mineral and geothermal interests within Mount
St. Helens National Volcanic Monument.
Sec. 1007. Operation and Maintenance of Certain Water Impoundment
Structures in the Emigrant Wilderness, Stanislaus
National Forest, California.
Sec. 1008. East Texas blowdown-NEPA parity.
Sec. 1009. Exemption for certain right-of-way holders from strict
liability for recovery of fire suppression costs.
Sec. 1010. Study of improved outdoor recreational access for persons
with disabilities.
Sec. 1011. Communication site.
Sec. 1012. Amendment of the Outer Continental Shelf Lands Act.
Sec. 1013. Leasing of certain reserved mineral interests.
Sec. 1014. Oil and gas wells in Wayne National Forest, Ohio.
Sec. 1015. Memorial to Mr. Benjamin Banneker in the District of
Columbia.
Sec. 1016. Protection of sanctity of contracts and leases of surface
patent holders with respect to coalbed methane gas.
TITLE XI--AMENDMENTS AND TECHNICAL CORRECTIONS TO 1996 OMNIBUS PARKS
ACT
Sec. 1100. Reference to Omnibus Parks and Public Lands Management Act
of 1996.
Subtitle A--Technical Corrections to the Omnibus Parks Act
Sec. 1101. Presidio of San Francisco.
Sec. 1102. Colonial National Historical Park.
Sec. 1103. Merced Irrigation District.
Sec. 1104. Big Thicket National Preserve.
Sec. 1105. Kenai Natives Association land exchange.
Sec. 1106. Lamprey Wild and Scenic River.
Sec. 1107. Vancouver National Historic Reserve.
Sec. 1108. Memorial to Martin Luther King, Jr.
Sec. 1109. Advisory Council on Historic Preservation.
Sec. 1110. Great Falls Historic District, New Jersey.
Sec. 1111. New Bedford Whaling National Historical Park.
Sec. 1112. Nicodemus National Historic Site.
Sec. 1113. Unalaska.
Sec. 1114. Revolutionary War and War of 1812 historic preservation
study.
Sec. 1115. Shenandoah Valley battlefields.
Sec. 1116. Washita Battlefield.
Sec. 1117. Ski area permit rental charge.
Sec. 1118. Glacier Bay National Park.
Sec. 1119. Robert J. Lagomarsino Visitor Center.
Sec. 1120. National Park Service administrative reform.
Sec. 1121. Blackstone River Valley National Heritage Corridor.
Sec. 1122. Tallgrass Prairie National Preserve.
Sec. 1123. Recreation lakes.
Sec. 1124. Fossil forest protection.
Sec. 1125. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1126. Boston Harbor Islands National Recreation Area.
Sec. 1127. Natchez National Historical Park.
Sec. 1128. Regulation of fishing in certain waters of Alaska.
Sec. 1129. National Coal Heritage Area.
Sec. 1130. Tennessee Civil War Heritage Area.
Sec. 1131. Augusta Canal National Heritage Area.
Sec. 1132. Essex National Heritage Area.
Sec. 1133. Ohio & Erie Canal National Heritage Corridor.
Sec. 1134. Hudson River Valley National Heritage Area.
Subtitle B--Other Amendments to Omnibus Parks Act
Sec. 1151. Black Revolutionary War Patriots Memorial extension.
Sec. 1152. Land acquisition, Boston Harbor Islands National Recreation
Area.
TITLE XII--DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE
Sec. 1201. Short title.
Sec. 1202. Findings and purposes.
Sec. 1203. Definitions.
Sec. 1204. Disposition of certain lands and properties.
Sec. 1205. Revocation of withdrawals.
Sec. 1206. Transfers of jurisdiction.
Sec. 1207. Surveys.
Sec. 1208. Planning.
Sec. 1209. Appraisals.
Sec. 1210. Disposal of properties.
Sec. 1211. Valid existing rights.
Sec. 1212. Cultural resources.
Sec. 1213. Transition of services to local government control.
Sec. 1214. Authorization of appropriations.
TITLE XIII--RECLAMATION PROJECT CONVEYANCES AND MISCELLANEOUS
PROVISIONS
Subtitle A--Sly Park Dam and Reservoir, California
Sec. 1311. Short title.
Sec. 1312. Definitions.
Sec. 1313. Conveyance of project.
Sec. 1314. Relationship to existing operations.
Sec. 1315. Relationship to certain contract obligations.
Sec. 1316. Relationship to other laws.
Sec. 1317. Liability.
Subtitle B--Minidoka Project, Idaho
Sec. 1321. Short title
Sec. 1322. Definitions.
Sec. 1323. Conveyance.
Sec. 1324. Relationship to existing operations.
Sec. 1325. Relationship to certain contract obligations.
Sec. 1326. Liability.
Subtitle C--Carlsbad Irrigation Project, New Mexico
Sec. 1331. Short title.
Sec. 1332. Definitions.
Sec. 1333. Conveyance of project.
Sec. 1334. Relationship to existing operations.
Sec. 1335. Relationship to certain contract obligations.
Sec. 1336. Lease management and past revenues collected from the
acquired lands.
Sec. 1337. Water conservation practices.
Sec. 1338. Liability.
Sec. 1339. Future reclamation benefits.
Subtitle D--Palmetto Bend Project, Texas
Sec. 1341. Short title.
Sec. 1342. Definitions.
Sec. 1343. Conveyance of project.
Sec. 1344. Relationship to existing operations.
Sec. 1345. Relationship to certain contract obligations.
Sec. 1346. Relationship to other laws.
Sec. 1347. Liability.
Subtitle E--Wellton-Mohawk Division, Gila Project, Arizona
Sec. 1351. Short title.
Sec. 1352. Definitions.
Sec. 1353. Conveyance of project.
Sec. 1354. Relationship to existing operations.
Sec. 1355. Liability.
Sec. 1356. Lands transfer.
Sec. 1357. Water and power contracts.
Subtitle F--Canadian River Project, Texas
Sec. 1361. Short title.
Sec. 1362. Definitions.
Sec. 1363. Prepayment and conveyance of project.
Sec. 1364. Relationship to existing operations.
Sec. 1365. Relationship to certain contract obligations.
Sec. 1366. Relationship to other laws.
Sec. 1367. Liability.
Subtitle G--Clear Creek Distribution System, California
Sec. 1371. Short title.
Sec. 1372. Definitions.
Sec. 1373. Conveyance of project.
Sec. 1374. Relationship to existing operations.
Sec. 1375. Relationship to certain contract obligations.
Sec. 1376. Liability.
Subtitle H--Pine River Project, Colorado
Sec. 1381. Short title.
Sec. 1382. Definitions.
Sec. 1383. Conveyance of project.
Sec. 1384. Relationship to existing operations.
Sec. 1385. Relationship to other laws.
Sec. 1386. Liability.
Subtitle I--Technical Corrections and Miscellaneous Provisions
Sec. 1391. Technical corrections.
Sec. 1392. Authorization to construct temperature control devices.
Sec. 1393. Colusa Basin watershed integrated resources management.
Sec. 1394. Limitation on statutory construction.
[[Page H9540]]
TITLE XIV--PROVISIONS SPECIFIC TO ALASKA
Sec. 1401. Automatic land bank protection.
Sec. 1402. Development by third-party trespassers.
Sec. 1403. Retained mineral estate.
Sec. 1404. Amendment to Public Law 102-415.
Sec. 1405. Clarification on treatment of bonds from a Native
Corporation.
Sec. 1406. Mining claims.
Sec. 1407. Sale, disposition, or other use of common varieties of sand,
gravel, stone, pumice, peat, clay, or cinder resources.
Sec. 1408. Alaska Native allotment applications.
Sec. 1409. Visitor services.
Sec. 1410. Local hire report.
Sec. 1411. Shareholder benefits.
Sec. 1412. Shareholder homesite program.
Sec. 1413. Moratorium on Federal management.
Sec. 1414. Easement for Chugach Alaska Corporation.
Sec. 1415. Calista Native Corporation land exchange.
TITLE XV--OTHER PROVISIONS
Sec. 1501. Adams National Historical Park.
Sec. 1502. Acquisition of lands for Frederick Law Olmstead National
Historic Site.
Sec. 1503. Designation of Dante Fascell Visitor Center at Biscayne
National Park.
Sec. 1504. Designation of California Coastal Rocks and Islands
Wilderness Area to be administered by Bureau of Land
Management.
Sec. 1505. Spanish Peaks Wilderness.
Sec. 1506. Rosie the Riveter National Park Service affiliated site.
TITLE I--BOUNDARY ADJUSTMENTS AND RELATED CONVEYANCES
SEC. 101. FORT DAVIS HISTORIC SITE, FORT DAVIS, TEXAS.
The Act entitled ``An Act Authorizing the establishment of
a national historic site at Fort Davis, Jeff Davis County,
Texas'', approved September 8, 1961 (75 Stat. 488; 16 U.S.C.
461 note), is amended in the first section by striking ``not
to exceed four hundred and sixty acres'' and inserting ``not
to exceed 476 acres''.
SEC. 102. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE,
KENTUCKY.
(a) In General.--Upon acquisition of the land known as Knob
Creek Farm pursuant to subsection (b), the boundary of the
Abraham Lincoln Birthplace National Historic Site,
established by the Act of July 17, 1916 (39 Stat. 385,
chapter 247; 16 U.S.C. 211 et seq.), is revised to include
such land. Lands acquired pursuant to this section shall be
administered by the Secretary of the Interior as part of the
historic site.
(b) Acquisition of Knob Creek Farm.--The Secretary of the
Interior may acquire, by donation only, the approximately 228
acres of land known as Knob Creek Farm in Larue County,
Kentucky, as generally depicted on a map entitled ``Knob
Creek Farm Unit, Abraham Lincoln National Historic Site'',
numbered 338/80,077, and dated October 1998. Such map shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Study and Report.--The Secretary of the Interior shall
study the Knob Creek Farm in Larue County, Kentucky, and not
later than 1 year after the date of enactment of this Act,
submit a report to the Congress containing the results of the
study. The purpose of the study shall be to:
(1) Identify significant resources associated with the Knob
Creek Farm and the early boyhood of Abraham Lincoln.
(2) Evaluate the threats to the long-term protection of the
Knob Creek Farm's cultural, recreational, and natural
resources.
(3) Examine the incorporation of the Knob Creek Farm into
the operations of the Abraham Lincoln Birthplace National
Historic Site and establish a strategic management plan for
implementing such incorporation. In developing the plan, the
Secretary shall--
(A) determine infrastructure requirements and property
improvements needed at Knob Creek Farm to meet National Park
Service standards;
(B) identify current and potential uses of Knob Creek Farm
for recreational, interpretive, and educational
opportunities; and
(C) project costs and potential revenues associated with
acquisition, development, and operation of Knob Creek Farm.
(d) Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out subsection (c).
SEC. 103. GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT, UTAH.
(a) Exclusion of Certain Lands.--The boundaries of the
Grand Staircase-Escalante National Monument in the State of
Utah are hereby modified to exclude the following lands:
(1) The parcel known as Henrieville Town, Utah, as
generally depicted on the map entitled ``Henrieville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(2) The parcel known as Cannonville Town, Utah, as
generally depicted on the map entitled ``Cannonville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(3) The parcel known as Tropic Town, Utah, as generally
depicted on the map entitled ``Tropic Town Parcel'', dated
July 21, 1998.
(4) The parcel known as Boulder Town, Utah, as generally
depicted on the map entitled ``Boulder Town Exclusion,
Garfield County, Utah'', dated March 25, 1998.
(b) Inclusion of Certain Additional Lands.--The boundaries
of the Grand Staircase-Escalante National Monument are hereby
modified to include the parcel known as East Clark Bench, as
generally depicted on the map entitled ``East Clark Bench
Inclusion, Kane County, Utah'', dated March 25, 1998.
(c) Maps.--The maps referred to in subsections (a) and (b)
shall be on file and available for public inspection in the
office of the Grand Staircase-Escalante National Monument in
the State of Utah and in the office of the Director of the
Bureau of Land Management.
(d) Land Conveyance, Tropic Town, Utah.--The Secretary of
the Interior shall convey to Garfield County School District,
Utah, all right, title, and interest of the United States in
and to the lands shown on the map entitled ``Tropic Town
Parcel'' and dated July 21, 1998, in accordance with section
1 of the Act of June 14, 1926 (43 U.S.C. 869; commonly known
as the Recreation and Public Purposes Act), for use as the
location for a school and for other education purposes.
(e) Land Conveyance, Kodachrome Basin State Park, Utah.--
The Secretary shall transfer to the State of Utah all right,
title, and interest of the United States in and to the lands
shown on the map entitled ``Kodachrome Basin Conveyance No. 1
and No. 2'' and dated July 21, 1998, in accordance with
section 1 of the Act of June 14, 1926 (43 U.S.C. 869;
commonly known as the Recreation and Public Purposes Act),
for inclusion of the lands in Kodachrome Basin State Park.
(f) Utility Corridor Designation, U.S. Route 89, Kane
County, Utah.--There is hereby designated a utility corridor
with regard to U.S. Route 89, in Kane County, Utah. The
utility corridor shall run from the boundary of Glen Canyon
Recreation Area easterly to Mount Carmel Jct. and shall
consist of the following:
(1) Bureau of Land Management lands located on the north
side of U.S. Route 89 within 240 feet of the center line of
the highway.
(2) Bureau of Land Management lands located on the south
side of U.S. Route 89 within 500 feet of the center line of
the highway.
SEC. 104. GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT,
VIRGINIA.
(a) Addition.--The boundaries of the George Washington
Birthplace National Monument are modified to include the
property generally known as George Washington's Boyhood Home,
Ferry Farm, located in Stafford County, Virginia, across the
Rappahannock River from Fredericksburg, Virginia, comprising
approximately 85 acres. The boundary modification is
generally depicted on the map entitled ``George Washington
Birthplace National Monument Boundary Map'', numbered 322/
80,020 and dated April 1998. The Secretary of the Interior
shall keep the map on file and available for public
inspection in appropriate offices of the National Park
Service.
(b) Acquisition of Easement.--After enactment of this
section, the Secretary of the Interior may acquire no more
than a less than fee interest in the property described in
subsection (a) to ensure the preservation of the important
cultural and natural resources associated with Ferry Farm.
(c) Resource Study.--Not later than 18 months after the
date on which funds are made available to carry out this
section, the Secretary of the Interior shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
resource study of the property described in subsection (a).
The study shall--
(1) identify the full range of resources and historic
themes associated with Ferry Farm, including those associated
with George Washington's tenure at the property described in
subsection (a) and those associated with the Civil War
period;
(2) identify alternatives for further National Park Service
involvement at the property described in subsection (a)
beyond those that may be provided for in the acquisition
authorized under subsection (b); and
(3) include cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives identified.
(d) Agreements.--Upon completion of the resource study
under subsection (c), the Secretary of the Interior may enter
into agreements with the owner of the property described in
subsection (a) or other entities for the purpose of providing
programs, services, facilities, or technical assistance that
further the preservation and public use of the property.
SEC. 105. WASATCH-CACHE NATIONAL FOREST AND MOUNT NAOMI
WILDERNESS, UTAH.
(a) Boundary Adjustment.--To correct a faulty land survey,
the boundaries of the Wasatch-Cache National Forest in the
State of Utah and the boundaries of the Mount Naomi
Wilderness, which is located within the Wasatch-Cache
National Forest and was established as a component of the
National Wilderness Preservation System in section 102(a)(1)
of the Utah Wilderness Act of 1984 (Public Law 98-428; 98
Stat. 1657), are hereby modified to exclude the parcel of
land known as the D. Hyde property, which encompasses an area
of cultivation and private use, as generally depicted on the
map entitled ``D. Hyde Property Section 7 Township 12 North
Range 2 East SLB & M'', dated July 23, 1998.
[[Page H9541]]
(b) Land Conveyance.--The Secretary of Agriculture shall
convey to Darrell Edward Hyde of Cache County, Utah, all
right, title, and interest of the United States in and to the
parcel of land identified in subsection (a). As part of the
conveyance, the Secretary shall release, on behalf of the
United States, any claims of the United States against
Darrell Edward Hyde for trespass or unauthorized use of the
parcel before its conveyance.
(c) Wilderness Addition.--To prevent any net loss of
wilderness within the State of Utah, the boundaries of the
Mount Naomi Wilderness are hereby modified to include a
parcel of land comprising approximately 7.25 acres,
identified as the ``Mount Naomi Wilderness Boundary
Realignment Consideration'' on the map entitled ``Mount Naomi
Wilderness Addition'', dated September 25, 1998.
SEC. 106. BANDELIER NATIONAL MONUMENT, NEW MEXICO.
(a) Findings.--Congress finds the following:
(1) Bandelier National Monument (in this section referred
to as the ``Monument'') was established by Presidential
proclamation on February 11, 1916, to preserve the
archaeological resources of a ``vanished people, with as much
land as may be necessary for the proper protection thereof. .
.'' (Presidential Proclamation No. 1322; 39 Stat. 1764).
(2) At various times since the establishment of the
Monument, the Congress and the President have adjusted the
boundaries and purpose of the Monument to further
preservation of archaeological and natural resources within
the Monument:
(A) On February 25, 1932, the Otowi Section of the Santa Fe
National Forest (some 4,699 acres of land) was transferred to
the Monument from the Santa Fe National Forest (Presidential
Proclamation No. 1991; 47 Stat. 2503).
(B) On December 9, 1959, 3,600 acres of Frijoles Mesa were
transferred to the National Park Service from the Atomic
Energy Commission, and such lands were subsequently added to
the Monument on January 9, 1961, because of ``pueblo-type
archeological ruins germane to those in the monument area''
(Presidential Proclamation No. 3388; 75 Stat. 1014).
(C) On May 27, 1963, Upper Canyon, consisting of 2,882
acres of land previously administered by the Atomic Energy
Commission, was added to the Monument to preserve the lands
``unusual scenic character together with geologic and
topographic features, the preservation of which would
implement the purposes of such monument (Presidential
Proclamation No. 3539; 77 Stat. 1006).
(D) In 1976, concerned about upstream land management
activities that could result in flooding and erosion in the
Monument, Congress enacted Public Law 94-578 (90 Stat. 2732,
2736) to include the headwaters of the Rito de los Frijoles
and the Canada de Cochiti Grant (a total of 7,310 acres)
within the boundaries of the Monument.
(E) In 1976, Congress enacted Public Law 94-567 (90 Stat.
2692), which created the Bandelier Wilderness, a 23,267 acres
area that covers over 70 percent of the Monument.
(3) The Monument still has potential threats from flooding,
erosion, and water quality deterioration because of the mixed
ownership of the upper watersheds, along its western border,
particularly in Alamo Canyon.
(b) Purpose.--The purpose of this section is to modify the
boundaries of the Monument to allow for acquisition and
enhanced protection of the lands within the Monument's upper
watershed.
(c) Boundary Modification.--Effective on the date of
enactment of this Act, the boundaries of the Monument are
hereby modified to include approximately 935 acres of land,
comprised of the Elk Meadows subdivision, the Gardner parcel,
the Clark parcel, and the Baca Land & Cattle Co. lands within
the Upper Alamo watershed, as depicted on the National Park
Service map entitled ``Proposed Boundary Expansion Map
Bandelier National Monument'' dated July 1997. Such map shall
be on file and available for public inspection in the offices
of the Director of the National Park Service, Department of
the Interior.
(d) Acquisition Authority--
(1) Acquisition methods.--Subject to paragraphs (2), (3),
and (4), the Secretary of the Interior may acquire lands and
interests therein within the boundaries of the area added to
the Monument by this section by donation, purchase with
donated or appropriated funds, transfer with another Federal
agency, or exchange.
(2) Consent of owner required.--Lands or interests therein
may be acquired under paragraph (1) only with the consent of
the owner of the lands.
(3) State and local lands.--Lands or interests therein
owned by the State of New Mexico, or a political subdivision
thereof, may be acquired under paragraph (1) only by donation
or exchange.
(4) Acquisition of less than fee interests in land.--The
Secretary may acquire less than fee interests in land only if
the Secretary determines that such less than fee acquisition
will adequately protect the Monument from flooding, erosion,
and degradation of its drainage waters.
(e) Administration.--The Secretary of the Interior, acting
through the Director of the National Park Service, shall
manage the Monument, including lands added to the Monument by
this section, in accordance with this section, the provisions
of law generally applicable to units of National Park System,
including the Act of August 25, 1916 (16 U.S.C. 1 et seq.;
commonly known as the National Park Service Organic Act), and
such specific laws as heretofore have been enacted regarding
the Monument.
(f) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT
Subtitle A--Southern Nevada Public Land Management
SEC. 201. CONVEYANCE TO CLARK COUNTY DEPARTMENT OF AVIATION.
(a) Conveyance Required.--Notwithstanding the land use
planning requirements contained in sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711 and 1712), but subject to subsection (b) of this
section, the Secretary of the Interior shall convey to the
Department of Aviation of Clark County, Nevada (in this
section referred to as the ``Aviation Department''), all
right, title, and interest of the United States in and to the
public lands identified for disposition on the map entitled
``Ivanpah Valley Airport Selections, #1'' and dated September
30, 1998, for the purpose of developing an airport facility
and related infrastructure. Such map shall be on file and
available for public inspection in the offices of the
Director and the Las Vegas District of the Bureau of Land
Management.
(b) Airspace Study and Mitigation of Adverse Effects.--The
conveyance identified in subsection (a) shall not occur
unless each of the following occur:
(1) The Aviation Department conducts an airspace assessment
to identify any adverse effect on access to the Las Vegas
Basin under visual flight rules that would result from the
construction and operation of a commercial or primary
airport, or both, on the land to be conveyed.
(2) The Federal Aviation Administration certifies to the
Secretary that the Aviation Department's assessment is
thorough and that alternatives have been developed to address
each adverse effect identified in the assessment, including
alternatives that ensure access to the Las Vegas Basin under
visual flight rules at a level that is equal to or better
than existing access.
(3) The Aviation Department enters into an agreement with
the Secretary to retain ownership of nearby Jean Airport and
to maintain and develop Jean Airport as a general aviation
airport.
(c) Phased Conveyances.--The Secretary shall convey the
lands identified in subsection (a) in smaller parcels over a
period of up to 20 years, as may be required to carry out the
phased construction and development of the airport facility
and infrastructure on the lands to be conveyed. As
consideration for the conveyance of each parcel, the Aviation
Department shall pay to the United States an amount equal to
the fair market value of the parcel.
(d) Determinations of Fair Market Value.--During the 3-year
period beginning on the date of the enactment of this Act,
the fair market value of a parcel to be conveyed under
subsection (a) shall be based on an appraisal of the fair
market value as of a date not later than 6 months after the
date of the enactment of this Act. The fair market value of
each parcel conveyed after the end of such period shall be
based on a subsequent appraisal. An appraisal conducted after
such period shall consider the parcel in its unimproved state
and shall not reflect any enhancement in value to the parcel
based upon the existence or planned construction of
infrastructure on or near the parcel.
(e) Reversionary Interest.--During the 5-year period
beginning 20 years after the date on which the Secretary
conveys the first parcel under subsection (a), if the
Secretary determines that the Aviation Department is not
developing or progressing toward the development of the
conveyed lands as an airport facility, the Secretary may
exercise a right to reenter the conveyed lands. Any
determination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing. If the
Secretary exercises a right to reenter the conveyed lands
under this subsection, the Secretary shall reimburse the
Aviation Department for all payments made to the United
States under subsection (c).
(f) Withdrawal.--The public lands referred to in subsection
(a) are hereby withdrawn from mineral entry under the Act of
May 10, 1872 (30 U.S.C. 22 et seq.; popularly known as the
Mining Law of 1872), and the Mineral Leasing Act (30 U.S.C.
181 et seq.).
(g) Mojave National Preserve Overflights.--The Secretary of
Transportation shall consult with the Secretary in the
preparation of an airspace management plan for the Ivanpah
Airport which avoids, to the maximum extent practicable,
overflights of the Mojave National Preserve in California
consistent with Federal Aviation Administration
recommendations for safety.
Subtitle B--Conveyance of Canyon Ferry Reservoir Properties
SEC. 221. FINDINGS.
The Congress finds that the conveyance of the Properties
described in section 224(b) to the Lessees of those
Properties for fair market value would have the beneficial
results of--
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Reservoir;
(2) providing a permanent source of funding to acquire and
improve public access, to
[[Page H9542]]
conserve fish and wildlife, and to enhance public hunting,
fishing, and recreational opportunities in the State of
Montana;
(3) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Federal Government's ownership of the Properties while
increasing local tax revenues from the new owners of the
Properties; and
(4) eliminating expensive and contentious disputes between
the Secretary of the Interior and Lessees while ensuring that
the Federal Government receives full and fair value for the
conveyance of the Properties.
SEC. 222. PURPOSE.
The purpose of this subtitle is to establish terms and
conditions under which the Secretary of the Interior shall
convey, for fair market value, certain Properties around
Canyon Ferry Reservoir in the State of Montana, to the
Lessees of the Properties.
SEC. 223. DEFINITIONS.
In this subtitle:
(1) Cabin trust.--The terms ``Cabin Trust'' and ``Canyon
Ferry Cabin Site Transfer Trust'' mean the Canyon Ferry Cabin
Site Transfer Trust established pursuant to section 229.
(2) CFRA.--The term ``CFRA'' means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(3) Commissioners.--The term ``Commissioners'' means the
Board of Commissioners for Broadwater County, Montana.
(4) County trust.--The terms ``County Trust'' and ``Canyon
Ferry-Broadwater County Trust'' mean the Canyon Ferry-
Broadwater County Trust established pursuant to section 228.
(5) Lessee.--The term ``Lessee'' means the leaseholder (or
permit holder) of any one of the cabin sites described in
section 224(b) on the date of the enactment of this subtitle
and the heirs, executors, and assigns of the leaseholder's
(or permit holder's) interest in that cabin site.
(6) Property.--The term ``Property'' means any one of the
cabin sites described in section 224(b).
(7) Properties.--The term ``Properties'' means all 265 of
the cabin sites (and related parcels) described in section
224(b).
(8) Purchaser.--The term ``Purchaser'' means a person or
entity, excluding CFRA or a Lessee, that purchases the
Properties under section 224.
(9) Reservoir.--The terms ``Reservoir'' and ``Canyon Ferry
Reservoir'' mean the Canyon Ferry Reservoir in the State of
Montana.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State trust.--The terms ``State Trust'' and ``Montana
Fish and Wildlife Conservation Trust'' mean the Montana Fish
and Wildlife Conservation Trust established pursuant to
section 227.
SEC. 224. SALE OF PROPERTIES.
(a) Sale Required.--Subject to subsection (c) and section
228(a), and notwithstanding any other provision of law, the
Secretary shall sell at fair market value--
(1) all right, title, and interest of the United States in
and to all (but not fewer than all) of the Properties,
subject to valid existing rights; and
(2) perpetual easements for--
(A) vehicular access to each Property;
(B) access to and the use of one dock per Property; and
(C) access to and the use of all boathouses, ramps,
retaining walls, and other improvements for which access is
provided in the Property leases as of the date of the
enactment of this subtitle.
(b) Description of Properties.--
(1) In general.--The Properties to be conveyed are--
(A) the 265 cabin sites of the Bureau of Reclamation
located along the northern end of the Reservoir in portions
of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10
North, Range 1 West; and
(B) any small parcels contiguous to the Property (not
including shoreline or land needed to provide public access
to the shoreline of the Reservoir) that the Secretary
determines should be conveyed in order to eliminate
inholdings and facilitate administration of surrounding land
remaining in Federal ownership.
(2) Acreage; legal description.--The acreage and legal
description of each Property and of each parcel determined by
the Secretary under paragraph (1)(B) shall be determined by
agreement between the Secretary and CFRA.
(c) Purchase Process.--
(1) In general.--The Secretary shall--
(A) solicit sealed bids for the Properties;
(B) subject to paragraph (2), sell the Properties to the
bidder that submits the highest bid above the minimum bid
determined under paragraph (2); and
(C) only accept bids that provide for the purchase of all
of the Properties in one bundle.
(2) Minimum bid.--Before accepting bids, the Secretary, in
consultation with CFRA, shall establish a minimum bid based
on an appraisal of the fair market value of the Properties,
exclusive of the value of private improvements made by
leaseholders of the Properties before the date of the
conveyance. The appraisal shall be conducted in conformance
with the Uniform Standards of Professional Appraisal
Practice.
(3) Right of first refusal.--If the highest bidder is a
person other than CFRA, CFRA shall have the right to match
the highest bid and purchase the Properties at a price equal
to the amount of that other person's bid.
(d) Terms of Conveyance for Purchaser Other Than CFRA.--
(1) Application of subsection.--This subsection applies in
the event that the highest bidder for the Properties is other
than CFRA, and CFRA does not match the highest bid as
authorized in subsection (c)(3).
(2) Payment and conveyance.--The Secretary shall convey the
Properties to the Purchaser upon the payment by the Purchaser
of the bid amount. The Secretary shall use the proceeds as
provided in section 226.
(3) Purchaser to extend option to purchase or to continue
leasing.--
(A) Purchase option.--The Purchaser shall give each Lessee
of a Property conveyed under this section an option to
purchase the Property at fair market value as determined
under subsection (c)(2).
(B) Right to continue lease.--A Lessee that is unable or
unwilling to purchase a Property shall be provided the
opportunity to continue to lease the Property for fair market
value rent under the same terms and conditions as apply under
the existing lease for the Property, including the right to
renew the term of the existing lease for two consecutive
five-year terms.
(C) Compensation for improvements.--If a Lessee declines to
purchase a Property, the Purchaser shall compensate the
Lessee for the fair market value, as determined pursuant to
customary appraisal procedures, of all improvements made to
the Property. The Lessee may sell the improvements to the
Purchaser at any time, but the sale shall be completed by the
final termination of the lease, after all renewals as
provided in subparagraph (B).
(4) Property descriptions and historical use.--The
Purchaser shall honor the existing descriptions of the
Properties and historical use restrictions for the
Properties.
(e) Terms of Conveyance for CFRA.--
(1) Application of subsection.--This subsection applies in
the event that CFRA is the highest bidder or matches the
highest bid as authorized in subsection (c)(3).
(2) Time for conveyance.--The Secretary shall close on a
Property within 45 days after receipt of the purchase request
from the Lessee of the Property or CFRA.
(3) Time for payment.--At the closing for a Property to be
purchased by the Lessee or CFRA, the Lessee or CFRA shall
deliver to the Secretary payment for the Property. The
Secretary shall use the proceeds as provided in section 226.
(4) Purchase amount.--The Secretary and CFRA shall
determine the purchase amount of each Property based on the
appraisal conducted pursuant to subsection (c)(2), the amount
bid pursuant to subsection (c)(1), and the proportionate
share of administrative costs pursuant to subsection (g). The
total purchase amount for all Properties shall equal the
total bid amount plus administrative costs pursuant to
subsection (g).
(5) Time for purchase.--CFRA and the Lessees shall complete
purchase of at least 75 percent of the Properties not later
than August 1 of the year that is at least 12 months after
title to the first Property is transferred by the Secretary
to a Lessee.
(6) Effect of failure to complete purchase.--On the August
1 determined under paragraph (5), the Secretary shall convey,
without consideration, to the Canyon Ferry Cabin Site
Transfer Trust the fee title to any Property not purchased by
CFRA or a Lessee before that date.
(7) Costs.--The Lessee shall reimburse CFRA for a
proportionate share of the costs to CFRA of completing the
transactions, including any interest charges.
(f) Continued Public Access to Reservoir.--The Secretary,
the Purchaser, CFRA, and subsequent owners of each Property
shall ensure that existing public access to and along the
shoreline of the Reservoir is not obstructed.
(g) Administrative Costs.--Any reasonable administrative
cost incurred by the Secretary incident to the conveyance
under subsection (a) shall be reimbursed by the Purchaser or
CFRA, as the case may be.
(h) Timing.--The Secretary shall make every effort to
complete the conveyance under subsection (a) not later than
one year after the date on which the conditions specified in
section 228(a) are satisfied.
(i) Closing.--
(1) In general.--The Secretary shall complete no real
estate closings under this section until the Secretary is
prepared to close on every individual Property. Real estate
closings to complete the conveyance under subsection (a) may
be staggered to facilitate the conveyance as agreed to by the
Secretary and the Purchaser or CFRA, as the case may be.
(2) Conveyance to lessee.--If a Lessee elects to purchase a
Property from the Purchaser or CFRA, the Secretary, upon
request by the Lessee, shall have the conveyance documents
prepared in the Lessee's name or names in order to minimize
the time and documents required to complete the closing for
the Property.
SEC. 225. MANAGEMENT OF BUREAU OF RECLAMATION RECREATION
AREA.
(a) Contract for Campground Management.--Not later than six
months after the date of the enactment of this subtitle, the
Secretary shall--
(1) offer to enter into a contract with the Board of
Commissioners for Broadwater County, Montana, under which the
Commissioners would undertake the management of the Bureau of
Reclamation recreation area known as Silos recreation area;
[[Page H9543]]
(2) enter into such a contract if mutually agreed upon by
the Secretary and the Commissioners; and
(3) grant necessary easements to Broadwater County,
Montana, for access roads within and adjacent to the Silos
recreation area.
(b) Concession Income.--Any income generated by any
concessions which may be granted by the Commissioners at the
Silos recreation area shall be deposited in the Canyon Ferry-
Broadwater County Trust established pursuant to section 228
and may be disbursed by the manager of the County Trust as
part of the income of the County Trust.
SEC. 226. USE OF PROCEEDS.
Proceeds received by the United States from the conveyances
under this subtitle shall be used as follows:
(1) 10 percent of the proceeds shall be applied by the
Secretary of the Treasury to reduce the outstanding debt for
the Pick-Sloan project at Canyon Ferry Reservoir.
(2) 90 percent of the proceeds shall be deposited into the
State Trust.
SEC. 227. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
(a) Establishment of State Trust.--
(1) Establishment.--The Secretary shall establish a
nonprofit charitable permanent perpetual public trust in
Montana to be known as the ``Montana Fish and Wildlife
Conservation Trust'', to provide a permanent source of
funding to acquire publicly accessible land and interests in
land, including easements and conservation easements, in
Montana from willing sellers at fair market value to--
(A) restore and conserve fisheries habitat, including
riparian habitat;
(B) restore and conserve wildlife habitat;
(C) enhance public hunting, fishing, and recreational
opportunities; and
(D) improve public access to public lands.
(2) Consultation.--The Secretary shall establish the State
Trust in consultation with the Montana congressional
delegation and the Governor of the State of Montana.
(b) State Trust manager.--The State Trust shall be managed
by a manager who shall be responsible for--
(1) investing the corpus of the State Trust; and
(2) disbursing funds from the State Trust at the request of
the Joint State-Federal Agency Board established under
subsection (c) upon receipt of a request for disbursement
that complies with the requirements of such subsection.
(c) Joint State-Federal Agency Board.--
(1) Establishment.--An advisory board for the State Trust
shall be established by the State Trust and shall be known as
the ``Joint State-Federal Agency Board''. The Joint State-
Federal Agency Board shall consist of the following persons:
(A) A Forest Service employee working in Montana designated
by the Forest Service.
(B) A Bureau of Land Management employee working in Montana
designated by the Bureau of Land Management.
(C) A Bureau of Reclamation employee working in Montana
designated by the Bureau of Reclamation.
(D) A Fish and Wildlife Service employee working in Montana
designated by the United States Fish and Wildlife Service.
(E) A Fish, Wildlife, and Parks employee designated by the
Montana Department of Fish, Wildlife, and Parks.
(2) Submission of disbursement request.--A request for
disbursement from the State Trust may be submitted to the
manager of the State Trust if the request satisfies a purpose
of the State Trust specified in subsection (a) and is agreed
to by a majority of the members of the Joint State-Federal
Agency Board.
(3) Consultation and consideration.--Before submitting a
request for disbursement to the manager of the State Trust,
the Joint State-Federal Agency Board shall consult with the
Citizen Advisory Board established under subsection (d)
regarding the merits of the request and after consideration
of the plan for the State Trust prepared under subsection
(e). The Joint State-Federal Agency Board shall also notify
members of the public, including local governments, of
proposed requests for disbursement and shall provide an
opportunity for public comment. The Joint State-Federal
Agency Board shall consider any comments or recommendations
for requests submitted by members of the public or the
Citizen Advisory Board.
(d) Citizen Advisory Board.--The Joint State-Federal Agency
Board shall appoint, from nominations submitted by the
Secretary, a Citizen Advisory Board consisting of four
members, including one representative with a demonstrated
commitment to improving public access to public lands and to
fish and wildlife conservation from each of the following:
(1) A Montana organization representing agricultural
landowners.
(2) A Montana organization representing hunters.
(3) A Montana organization representing fishermen.
(4) A Montana nonprofit land trust or environmental
organization.
(e) State Trust Plan.--The Citizen Advisory Board, in
consultation with the Joint State-Federal Agency Board and
the Montana Association of Counties, shall prepare (and
periodically update) a plan for the management and use of the
State Trust. The plan shall include recommendations regarding
appropriate requests for disbursement from the State Trust.
The plan shall be designed to maximize effectiveness of State
Trust expenditures considering public needs and requests,
availability of property, alternative sources of funding, and
availability of matching funds.
(f) Treatment of Principal and Earnings.--
(1) Principal.--The principal amount of the State Trust
shall be inviolate.
(2) Earnings.--Earnings on amounts in the State Trust shall
be used to carry out subsection (a) and to administer the
State Trust and Citizen Advisory Board.
(g) Local Purposes.--No more than 50 percent of the income
from the State Trust in any given year shall be utilized
outside the watershed of the Missouri River in Montana, from
Holter Dam upstream to the confluence of the Jefferson,
Gallatin, and Madison Rivers.
(h) Management of Acquisitions.--Land and interests in land
acquired under this section shall be managed for the purposes
specified in subsection (a).
SEC. 228. CANYON FERRY-BROADWATER COUNTY TRUST.
(a) Trust Required as Condition on Conveyances.--The
Secretary may not sell the Properties under section 224
unless and until--
(1) the Board of Commissioners for Broadwater County,
Montana, establishes a nonprofit charitable permanent
perpetual public trust, to be known as the ``Canyon Ferry-
Broadwater County Trust''; and
(2) at least $3,000,000, or some lesser amount as offset by
in-kind contributions made before full funding of the County
Trust, is deposited as the initial corpus of the County
Trust.
(b) Reduction for In-Kind Contributions.--The amount
required to be deposited in the County Trust under subsection
(a)(2) may be reduced to reflect in-kind contributions made
in Broadwater County and related to the improvement of access
to those portions of the Reservoir lying within Broadwater
County or for the creation and improvement of new and
existing recreational areas within Broadwater County. In kind
contributions, including the value of such contributions, the
nature and type of contribution, and the entity providing the
contribution, must be approved in advance by the
commissioners, but in kind contributions may not include any
contribution made by Broadwater County.
(c) County Trust Management.--The County Trust shall be
managed by a nonprofit foundation or other independent
trustee to be selected by the Commissioners. The selected
person or entity shall be referred to as the ``trust
manager''.
(d) Use.--
(1) In general.--The trust manager shall invest the corpus
of the County Trust and shall disburse funds from the County
Trust only as provided in this subsection.
(2) Silo recreation area.--A sum not to exceed $500,000 may
be expended from the corpus of the County Trust to pay for
the planning and construction of a harbor at the Silos
recreation area.
(3) Other uses.--The balance of the principal of the County
Trust shall be inviolate. Income derived from the County
Trust may be expended for the improvement of access to those
portions of Canyon Ferry Reservoir lying within Broadwater
County, Montana, and for the creation and improvement of new
and existing recreational areas within Broadwater County.
(4) Limitation.--All interest earned on the principal of
the County Trust shall be reinvested and considered part of
the corpus of the County Trust until the sum of $3,000,000,
or such lesser amount as offset by in-kind contributions (as
defined under subsection (b)), is deposited as the initial
corpus of the County Trust.
(5) Disbursement.--The trust manager shall either approve
or reject any request for disbursement, but shall not make
any expenditure except on the recommendation of the advisory
committee established under subsection (e).
(e) Advisory Committee.--
(1) Appointment.--The Commissioners shall appoint an
advisory committee consisting of not less than three nor more
than five persons.
(2) Duties.--The advisory committee shall meet on a regular
basis to establish priorities and prepare requests for the
disbursement of funds from the County Trust, except that the
advisory committee shall recommend only such expenditures as
are approved by the Commissioners.
(f) No Offset.--Neither the corpus of the County Trust nor
its interest shall be used to reduce or replace the regular
operating expenses of the Secretary at the Reservoir, unless
such use is authorized by the Commissioners.
SEC. 229. CANYON FERRY CABIN SITE TRANSFER TRUST.
(a) Establishment.--The Secretary shall establish a trust
in Montana, to be known as the ``Canyon Ferry Cabin Site
Transfer Trust''.
(b) Purposes.--The purposes of the Canyon Ferry Cabin Site
Transfer Trust are as follows:
(1) To receive each unsold Property transferred by the
Secretary under section 224(e)(6).
(2) To provide all appropriate real estate management
services, including collecting rents, paying taxes, enforcing
lease terms and selling Property.
(3) To pay to the State Trust any income generated from the
Cabin Trust after the
[[Page H9544]]
payment of management fees, costs, and expenses.
(c) Trust Term.--
(1) Establishment.--The Cabin Trust shall be established on
August 1 of the year that is at least 12 months after title
to the first Property is transferred by the Secretary to a
Lessee.
(2) Termination.--The Cabin Trust shall terminate after the
completion of the last sale of a Property under its
management.
(d) Administration.--The Cabin Trust shall be managed by a
trust manager who shall administer it consistent with the
purposes of this section.
(e) Continuation of Leases.--
(1) In general.--The Cabin Trust shall allow a Lessee that
is unable or unwilling to purchase a Property to continue to
lease the Property pursuant to the terms and conditions of
the lease in effect for the Property on the date of the
enactment of this subtitle.
(2) Rental payments.--All rents received during the
continuation of a lease under paragraph (1) shall be paid to
the Cabin Trust.
(3) Limitation on right to transfer lease.--Subject to
valid existing rights, a Lessee may not sell or otherwise
assign or transfer the leasehold without purchasing the
Property from the Cabin Trust and conveying the fee interest
in the Property. In the event of a sale by a Lessee to a
third party, it shall be permissible for a simultaneous
closing to be conducted wherein the Lessee conveys its
interest in the leasehold improvements to the third party and
the Cabin Trust conveys the fee title to the third party.
(f) Conveyance by Cabin Trust.--All conveyances of a
Property and any related parcels described in section
224(b)(1)(B) by the Cabin Trust shall be at fair market value
as determined by a new appraisal, but in no event may the
Cabin Trust convey any Property to a Lessee for an amount
less than the value established for the Property by the
appraisal conducted pursuant to section 224(c)(2).
(g) Sale Proceeds.--All proceeds from the sale of a
Property received by the Cabin Trust shall be distributed by
the trust manager as follows:
(1) 10 percent of the proceeds shall be paid to the
Secretary of the Treasury to be applied to the reduction of
the outstanding debt for the Pick-Sloan project at Canyon
Ferry Reservoir.
(2) 90 percent of the proceeds shall be paid to the Montana
Fish and Wildlife Conservation Trust.
(h) Costs.--The Lessee, or a third party acquiring a
Property with the cooperation of the Lessee, shall reimburse
the Cabin Trust for a proportionate share of the costs to the
Cabin Trust of completing the transactions contemplated by
this section. In addition, the Lessee, or a third party
acquiring a Property with the cooperation of the Lessee,
shall reimburse the Cabin Trust for costs, including costs of
the new appraisal, associated with conveying the Property
from the Cabin Trust to the Lessee or a third party.
Subtitle C--Conveyance of National Forest Lands for Public School
Purposes
SEC. 231. AUTHORIZATION OF USE OF NATIONAL FOREST LANDS FOR
PUBLIC SCHOOL PURPOSES.
(a) Transfers.--The Secretary of Agriculture may, upon a
finding that the transfer of certain National Forest lands
for local public school purposes would serve the public
interest, authorize the transfer of up to 40 acres of
National Forest lands to a local governmental entity for
public school purposes. The Secretary may make available only
those National Forest lands that have been identified for
disposal or exchange or are not otherwise needed for National
Forest purposes. The Secretary shall make such transfers
using the least amount of land required for the efficient
operation of the project involved.
(b) Costs.--Such transfers may be made at discounted or no-
cost. The Secretary shall provide for a no-cost transfer to a
local governmental entity for public school purposes if the
Secretary determines that the charges for such lands would
impose an undue hardship on the local governmental entity.
(c) Conditions.--Such transfers shall be conditioned on the
requirement that the lands so transferred will be used solely
for public school purposes.
(d) Deadline for Consideration of Application for Use for
School.--If the Secretary receives an application from a duly
qualified applicant that is a local education agency seeking
a conveyance of land under this section for use for an
elementary or secondary school, including a public charter
school, the Secretary shall--
(1) before the end of the 10-day period beginning on the
date of that receipt, provide notice of that receipt to the
applicant; and
(2) before the end of the 90-day period beginning on the
date of that receipt--
(A) determine whether or not to convey land pursuant to the
application, and notify the applicant of that determination;
or
(B) report to the Congress and the applicant the reasons
that determination has not been made.
Subtitle D--Other Conveyances
SEC. 241. LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE,
CALIFORNIA.
(a) Authorization of Exchange.--If the non-Federal lands
described in subsection (b) are conveyed to the United States
in accordance with this section, the Secretary of the
Interior shall convey to the party conveying the non-Federal
lands all right, title, and interest of the United States in
and to a parcel of land consisting of approximately 8 acres
administered by the Department of Interior as part of the El
Portal Administrative Site in the State of California, as
generally depicted on the map entitled ``El Portal
Administrative Site Land Exchange'', dated June 1998.
(b) Receipt of Non-Federal Lands.--The parcel of non-
Federal lands referred to in subsection (a) consists of
approximately 8 acres, known as the Yosemite View parcel,
which is located adjacent to the El Portal Administrative
Site, as generally depicted on the map referred to in
subsection (a). Title to the non-Federal lands must be
acceptable to the Secretary of the Interior, and the
conveyance shall be subject to such valid existing rights of
record as may be acceptable to the Secretary. The parcel
shall conform with the title approval standards applicable to
Federal land acquisitions.
(c) Equalization of Values.--If the value of the Federal
land and non-Federal lands to be exchanged under this section
are not equal in value, the difference in value shall be
equalized through a cash payment or the provision of goods or
services as agreed upon by the Secretary and the party
conveying the non-Federal lands.
(d) Applicability of Other Laws.--Except as otherwise
provided in this section, the Secretary of the Interior shall
process the land exchange authorized by this section in the
manner provided in part 2200 of title 43, Code of Federal
Regulations, as in effect on the date of the enactment of
this subtitle.
(e) Boundary Adjustment.--Upon completion of the land
exchange, the Secretary shall adjust the boundaries of the El
Portal Administrative Site as necessary to reflect the
exchange. Lands acquired by the Secretary under this section
shall be administered as part of the El Portal Administrative
Site.
(f) Map.--The map referred to in subsection (a) shall be on
file and available for inspection in appropriate offices of
the Department of the Interior.
(g) Additional Terms and Conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the land exchange under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 242. AUTHORIZATION TO USE LAND IN MERCED COUNTY,
CALIFORNIA, FOR ELEMENTARY SCHOOL.
(a) Removal of Restrictions.--Notwithstanding the
restrictions otherwise applicable under the terms of
conveyance by the United States of any of the land described
in subsection (b) to Merced County, California, or under any
agreement concerning any part of such land between such
county and the Secretary of the Interior or any other officer
or agent of the United States, the land described in
subsection (b) may be used for the purpose specified in
subsection (c).
(b) Land Affected.--The land referred to in subsection (a)
is the north 25 acres of the 40 acres located in the
northwest quarter of the southwest quarter of section 20,
township 7 south, range 13 east, Mount Diablo base line and
Meridian in Merced County, California, conveyed to such
county by deed recorded in volume 1941 at page 441 of the
official records in Merced County, California.
(c) Authorized Uses.--Merced County, California, may
authorize the use of the land described in subsection (b) for
an elementary school serving children without regard to their
race, creed, color, national origin, physical or mental
disability, or sex, operated by a nonsectarian organization
on a nonprofit basis and in compliance with all applicable
requirements of the laws of the United States and the State
of California. If Merced County permits such lands to be used
for such purposes, the county shall include information
concerning such use in the periodic reports to the Secretary
of the Interior required under the terms of the conveyance of
such lands to the county by the United States. Any violation
of the provisions of this subsection shall be deemed to be a
breach of the conditions and covenants under which such lands
were conveyed to Merced County by the United States, and
shall have the same effect as provided by deed whereby the
United States conveyed the lands to the county. Except as
specified in this subsection, nothing in this section shall
increase or diminish the authority or responsibility of the
county with respect to the land.
SEC. 243. ISSUANCE OF QUITCLAIM DEED, STEFFENS FAMILY
PROPERTY, BIG HORN COUNTY, WYOMING.
(a) Issuance.--Subject to valid existing rights and
subsection (d), the Secretary of the Interior is directed to
issue, without consideration, a quitclaim deed to Marie
Wambeke of Big Horn County, Wyoming, the personal
representative of the estate of Fred Steffens, to the land
described in subsection (b).
(b) Land Description.--The land referred to in subsection
(a) is the approximately 80-parcel known as ``Farm Unit C''
in the E\1/2\NW\1/4\ of Section 27, Township 57 North, Range
97 West, 6th Principal Meridian, Wyoming.
(c) Revocation of Withdrawal.--The Bureau of Reclamation
withdrawal for the Shoshone Reclamation Project under
Secretarial Order dated October 21, 1913, is hereby revoked
with respect to the land described in subsection (b).
[[Page H9545]]
(d) Reservation of Mineral Interests.--All minerals
underlying the land described in subsection (b) are hereby
reserved to the United States.
SEC. 244. ISSUANCE OF QUITCLAIM DEED, LOWE FAMILY PROPERTY,
BIG HORN COUNTY, WYOMING.
(a) Issuance.--Subject to valid existing rights and
subsection (c), the Secretary of the Interior is directed to
issue, without consideration, a quitclaim deed to John R. and
Margaret J. Lowe of Big Horn County, Wyoming, to the land
described in subsection (b).
(b) Land Description.--The land referred to in subsection
(a) is the approximately 40-acre parcel located in the SW\1/
4\SE\1/4\ of Section 11, Township 51 North, Range 96 West,
6th Principal Meridian, Wyoming.
(c) Reservation of Mineral Interests.--All minerals
underlying the land described in subsection (b) are hereby
reserved to the United States.
SEC. 245. UTAH SCHOOLS AND LANDS EXCHANGE.
(a) Findings.--The Congress finds the following:
(1) The State of Utah owns approximately 176,600 acres of
land, as well as approximately 24,165 acres of mineral
interests, administered by the Utah School and Institutional
Trust Lands Administration, within the exterior boundaries of
the Grand Staircase-Escalante National Monument, established
by Presidential proclamation on September 18, 1996, pursuant
to section 2 of the Antiquities Act of 1906 (16 U.S.C. 431).
The State of Utah also owns approximately 200,000 acres of
land, and 76,000 acres of mineral interests, administered by
the Utah School and Institutional Trust Lands Administration,
within the exterior boundaries of several units of the
National Park System and the National Forest System, and
within certain Indian reservations in Utah. These lands were
granted by Congress to the State of Utah pursuant to the Utah
Enabling Act, chap. 138, 28 Stat. 107 (1894), to be held in
trust for the benefit of the State's public school system and
other public institutions.
(2) Many of the State school trust lands within the
monument may contain significant economic quantities of
mineral resources, including coal, oil, and gas, tar sands,
coalbed methane, titanium, uranium, and other energy and
metalliferous minerals. Certain State school trust lands
within the Monument, like the Federal lands comprising the
Monument, have substantial noneconomic scientific, historic,
cultural, scenic, recreational, and natural resources,
including ancient Native American archaeological sites and
rare plant and animal communities.
(3) Development of surface and mineral resources on State
school trust lands within the monument could be incompatible
with the preservation of these scientific and historic
resources for which the monument was established. Federal
acquisition of State school trust lands within the monument
would eliminate this potential incompatibility, and would
enhance management of the Grand Staircase-Escalante National
Monument.
(4) The United States owns lands and interest in lands
outside of the monument that can be transferred to the State
of Utah in exchange for the monument inholdings without
jeopardizing Federal management objectives or needs.
(5) In 1993, Congress passed and the President signed
Public Law 103-93, which contained a process for exchanging
State of Utah school trust inholdings in the National Park
System, the National Forest System, and certain Indian
reservations in Utah. Among other things, it identified
various Federal lands and interests in land that were
available to exchange for these State inholdings.
(6) Although Public Law 103-93 offered the hope of a
prompt, orderly exchange of State inholdings for Federal
lands elsewhere, implementation of the legislation has been
very slow. Completion of this process is realistically
estimated to be many years away, at great expense to both the
State and the United States in the form of expert witnesses,
lawyers, appraisers, and other litigation costs.
(7) The State also owns approximately 2,560 acres of land
in or near the Alton coal field which has been declared an
area unsuitable for coal mining under the terms of the
Surface Mining Control and Reclamation Act. This land is also
administered by the Utah School and Institutional Trust Lands
Administration, but its use is limited given this
declaration.
(8) The large presence of State school trust land
inholdings in the monument, national parks, national forests,
and Indian reservations make land and resource management in
these areas difficult, costly, and controversial for both the
State of Utah and the United States.
(9) It is in the public interest to reach agreement on
exchange of inholdings, on terms fair to both the State and
the United States. Agreement saves much time and delay in
meeting the expectations of the State school and
institutional trusts, in simplifying management of Federal
and Indian lands and resources, and in avoiding expensive,
protracted litigation under Public Law 103-93.
(10) The State of Utah and the United States have reached
an agreement under which the State would exchange of all its
State school trust lands within the monument, and specified
inholdings in national parks, forests, and Indian
reservations that are subject to Public Law 103-93, for
various Federal lands and interests in lands located outside
the monument, including Federal lands and interests
identified as available for exchange in Public Law 103-93 and
additional Federal lands and interests in lands.
(11) The State school trust lands to be conveyed to the
Federal Government include properties within units of the
National Park System, the National Forest System, and the
Grand Staircase-Escalante National Monument. The Federal
assets made available for exchange with the State were
selected with a great sensitivity to environmental concerns
and a belief and expectation by both parties that Federal
assets to be conveyed to the State would be unlikely to
trigger significant environmental controversy.
(12) The parties agreed at the outset of negotiations to
avoid identifying Federal assets for conveyance to the State
where any of the following was known to exist or likely to be
an issue as a result of foreseeable future uses of the land:
significant wildlife resources, endangered species habitat,
significant archaeological resources, areas of critical
environmental concern, coal resources requiring surface
mining to extract the mineral deposits, wilderness study
areas, significant recreational areas, or any other lands
known to raise significant environmental concerns of any
kind.
(13) The parties further agreed that the use of any mineral
interests obtained by the State of Utah where the Federal
Government retains surface and other interest, will not
conflict with established Federal land and environmental
management objectives, and shall be fully subject to all
environmental regulations applicable to development of non-
Federal mineral interest on Federal lands.
(14) Because the inholdings to be acquired by the Federal
Government include properties within the boundaries of some
of the most renowned conservation land units in the United
States, and because a mission of the Utah School and
Institutional Trust Lands Administration is to produce
economic benefits for Utah's public schools and other
beneficiary institutions, the exchange of lands called for in
this agreement will resolve many longstanding environmental
conflicts and further the interest of the State trust lands,
the school children of Utah, and these conservation
resources.
(15) Under this Agreement taken as a whole, the State
interests to be conveyed to the United States by the State of
Utah, and the Federal interests and payments to be conveyed
to the State of Utah by the United States, are approximately
equal in value.
(16) The purpose of this section is to enact into law and
direct prompt implementation of this historic agreement.
(b) Ratification of Agreed Exchange Between the State of
Utah and the Department of the Interior.--
(1) Agreement.--The State of Utah and the Department of the
Interior have agreed to exchange certain Federal lands,
Federal mineral interests, and payment of money for lands and
mineral interests managed by the Utah School and
Institutional Trust Lands Administration, lands and mineral
interests of approximately equal value inheld within the
Grand Staircase-Escalante National Monument the Goshute and
Navajo Indian Reservations, units of the National Park
System, the National Forest System, and the Alton coal
fields.
(2) Ratification.--All terms, conditions, procedures,
covenants, reservations, and other provisions set forth in
the document entitled ``Agreement to Exchange Utah School
Trust Lands Between the State of Utah and the United States
of America'' (in this section referred to as the
``Agreement'') are hereby incorporated in this section, are
ratified and confirmed, and set forth the obligations and
commitments of the United States, the State of Utah, and Utah
School and Institutional Trust Lands Administration, as a
matter of Federal law.
(c) Legal Descriptions.--
(1) In general.--The maps and legal descriptions referred
to in the Agreement depict the lands subject to the
conveyances.
(2) Public availability.--The maps and descriptions
referred to in the Agreement shall be on file and available
for public inspection in the offices of the Secretary of the
Interior and the Utah State Director of the Bureau of Land
Management.
(3) Conflict.--In case of conflict between the maps and the
legal descriptions, the legal descriptions shall control.
(d) Costs.--The United States and the State of Utah shall
each bear its own respective costs incurred in the
implementation of this section.
(e) Repeal of Public Law 103-93 and Public Law 104-211.--
The provisions of Public Law 103-93 (107 Stat. 995), other
than section 7(b)(1), section 7(b)(3), and section 10(b)
thereof, are hereby repealed. Public Law 104-211 (110 Stat.
3013) is hereby repealed.
(f) Cash Payment Previously Authorized.--As previously
authorized and made available by section 7(b)(1) and (b)(3)
of Public Law 103-93, upon completion of all conveyances
described in the Agreement, the United States shall pay
$50,000,000 to the State of Utah from funds not otherwise
appropriated from the Treasury.
(g) Schedule for Conveyances.--All conveyances under
sections 2 and 3 of the Agreement shall be completed within
70 days after the enactment of this Act.
[[Page H9546]]
SEC. 246. LAND EXCHANGE, ROUTT NATIONAL FOREST, COLORADO.
(a) Authorization of Exchange.--If the non-Federal lands
described in subsection (b) are conveyed to the United States
in accordance with this section, the Secretary of Agriculture
shall convey to the party conveying the non-Federal lands all
right, title, and interest of the United States in and to a
parcel of land consisting of approximately 84 acres within
the Routt National Forest in the State of Colorado, as
generally depicted on the map entitled ``Miles Land
Exchange'', Routt National Forest, dated May 1996.
(b) Receipt of Non-Federal Lands.--The parcel of non-
Federal lands referred to in subsection (a) consists of
approximately 84 acres, known as the Miles parcel, located
adjacent to the Routt National Forest, as generally depicted
on the map entitled ``Miles Land Exchange'', Routt National
Forest, dated May 1996. Title to the non-Federal lands must
be acceptable to the Secretary of Agriculture, and the
conveyance shall be subject to such valid existing rights of
record as may be acceptable to the Secretary of Agriculture.
The parcel shall conform with the title approval standards
applicable to Federal land acquisitions.
(c) Approximately Equal in Value.--The values of both the
Federal and non-Federal lands to be exchanged under this
section are deemed to be approximately equal in value, and no
additional valuation determinations are required.
(d) Applicability of Other Laws.--Except as otherwise
provided in this section, the Secretary of Agriculture shall
process the land exchange authorized by this section in the
manner provided in subpart A of part 254 of title 36, Code of
Federal Regulations.
(e) Maps.--The maps referred to in subsections (a) and (b)
shall be on file and available for inspection in the office
of the Forest Supervisor, Routt National Forest, and in the
office of the Chief of the Forest Service.
(f) Boundary Adjustment.--Upon approval and acceptance of
title by the Secretary of Agriculture, the non-Federal lands
conveyed to the United States under this section shall become
part of the Routt National Forest, and the boundaries of the
Routt National Forest shall be adjusted to reflect the land
exchange. Upon receipt of the non-Federal lands, the
Secretary of Agriculture shall manage the lands in accordance
with the laws and regulations pertaining to the National
Forest System. For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Routt National Forest, as adjusted by this
section, shall be considered to be the boundaries of the
National Forest as of January 1, 1965.
(g) Additional Terms and Conditions.--The Secretary of
Agriculture may require such additional terms and conditions
in connection with the conveyances under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 247. HART MOUNTAIN JURISDICTIONAL TRANSFERS, OREGON.
(a) Transfer From the Bureau of Land Management to the
United States Fish and Wildlife Service.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the United States
Fish and Wildlife Service on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998,
comprising approximately 12,100 acres of land in Lake County,
Oregon, located adjacent to or within the Hart Mountain
National Antelope Refuge, is transferred from the Bureau of
Land Management to the United States Fish and Wildlife
Service.
(2) Inclusion in refuge.--The parcels of land described in
paragraph (1) shall be included in the Hart Mountain National
Antelope Refuge.
(3) Withdrawal.--Subject to valid existing rights, the
parcels of land described in paragraph (1)--
(A) are withdrawn from--
(i) surface entry under the public land laws;
(ii) leasing under the mineral leasing laws and Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.); and
(iii) location and entry under the mining laws; and
(B) shall be treated as parcels of land subject to the
provisions of Executive Order No. 7523 of December 21, 1936,
as amended by Executive Order No. 7895 of May 23, 1938, and
Presidential Proclamation No. 2416 of July 25, 1940, that
withdrew parcels of land for the Hart Mountain National
Antelope Refuge.
(4) Management.--The land described in paragraph (1) shall
be included in the Hart Mountain National Antelope Refuge and
managed in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.),
and other applicable law and with management plans and
agreements between the Bureau of Land Management and the
United States Fish and Wildlife Service for the Hart Mountain
Refuge.
(b) Continued Management of Guano Creek Wilderness Study
Area by the Bureau of Land Management.--
(1) In general.--The parcels of land identified for
cooperative management on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998,
comprising approximately 10,900 acres of land in Lake County,
Oregon, located south of the Hart Mountain National Antelope
Refuge, shall be retained under the jurisdiction of the
Bureau of Land Management.
(2) Management.--The parcels of land described in paragraph
(1) that are within the Guano Creek Wilderness Study Area Act
shall be managed so as not to impair the suitability of the
area for designation as wilderness, in accordance with
current and future management plans and agreements (including
the agreement known as the ``Shirk Ranch Agreement'', dated
September 30, 1997), until such date as Congress enacts a law
directing otherwise.
(c) Transfer From the United States Fish and Wildlife
Service to the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the Bureau of Land
Management on the map entitled ``Hart Mountain Jurisdictional
Transfer'', dated February 26, 1998, comprising approximately
7,700 acres of land in Lake County, Oregon, located adjacent
to or within the Hart Mountain National Antelope Refuge, is
transferred from the United States Fish and Wildlife Service
to the Bureau of Land Management.
(2) Removal from refuge.--The parcels of land described in
paragraph (1) are removed from the Hart Mountain National
Antelope Refuge, and the boundary of the refuge is modified
to reflect that removal.
(3) Revocation of withdrawal.--The provisions of Executive
Order No. 7523 of December 21, 1936, as amended by Executive
Order No. 7895 of May 23, 1938, and Presidential Proclamation
No. 2416 of July 25, 1940, that withdrew the parcels of land
for the refuge, shall be of no effect with respect to the
parcels of land described in paragraph (1).
(4) Status.--The parcels of land described in paragraph
(1)--
(A) are designated as public land; and
(B) shall be open to--
(i) surface entry under the public land laws;
(ii) leasing under the mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and
(iii) location and entry under the mining laws.
(5) Management.--The land described in paragraph (1) shall
be managed in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, and the agreement known as the ``Shirk Ranch
Agreement'', dated September 30, 1997.
(d) Map.--A copy of the map described in subsections (a),
(b), and (c) and such additional legal descriptions as are
applicable shall be kept on file and available for public
inspection in the Office of the Regional Director of Region 1
of the United States Fish and Wildlife Service, the local
District Office of the Bureau of Land Management, the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Resources of the House of Representatives.
(e) Correction of Reference to Wildlife Refuge.--Section 28
of the Act of August 13, 1954 (68 Stat. 718, chapter 732; 72
Stat. 818; 25 U.S.C. 564w-1), is amended in subsections (f)
and (g) by striking ``Klamath Forest National Wildlife
Refuge'' each place it appears and inserting ``Klamath Marsh
National Wildlife Refuge''.
SEC. 248. SALE, LEASE, OR EXCHANGE OF IDAHO SCHOOL LAND.
The Act of July 3, 1890 (commonly known as the ``Idaho
Admission Act'') (26 Stat. 215, chapter 656), is amended by
striking section 5 and inserting the following:
``SEC. 5. SALE, LEASE, OR EXCHANGE OF SCHOOL LAND.
``(a) Sale.--
``(1) In general.--Except as provided in subsection (c),
all land granted under this Act for educational purposes
shall be sold only at public sale.
``(2) Use of proceeds.--
``(A) In general.--Proceeds of the sale of school land--
``(i) except as provided in clause (ii), shall be deposited
in the public school permanent endowment fund and expended
only for the support of public schools; and
``(ii)(I) may be deposited in a land bank fund to be used
to acquire, in accordance with State law, other land in the
State for the benefit of the beneficiaries of the public
school permanent endowment fund; or
``(II) if the proceeds are not used to acquire other land
in the State within a period specified by State law, shall be
transferred to the public school permanent endowment fund.
``(B) Earnings reserve fund.--Earnings on amounts in the
public school permanent endowment fund shall be deposited in
an earnings reserve fund to be used for the support of public
schools of the State in accordance with State law.
``(b) Lease.--Land granted under this Act for educational
purposes may be leased in accordance with State law.
``(c) Exchange.--
``(1) In general.--Land granted for educational purposes
under this Act may be exchanged for other public or private
land.
``(2) Valuation.--The values of exchanged lands shall be
approximately equal, or, if the values are not approximately
equal, the values shall be equalized by the payment of funds
by the appropriate party.
``(3) Exchanges with the united states.--
``(A) In general.--A land exchange with the United States
shall be limited to Federal land within the State that is
subject to exchange under the law governing the
administration of the Federal land.
``(B) Previous exchanges.--All land exchanges made with the
United States before the date of enactment of this paragraph
are approved.
[[Page H9547]]
``(d) Reservation for School Purposes.--Land granted for
educational purposes, whether surveyed or unsurveyed, shall
not be subject to preemption, homestead entry, or any other
form of entry under the land laws of the United States, but
shall be reserved for school purposes only.''.
SEC. 249. TRANSFER OF JURISDICTION OF CERTAIN PROPERTY IN SAN
JOAQUIN COUNTY, CALIFORNIA, TO BUREAU OF LAND
MANAGEMENT.
(a) Transfer.--The property described in subsection (b) is
hereby transferred by operation of law upon the enactment of
this Act from the administrative jurisdiction of the Federal
Bureau of Prisons, United States Department of Justice, to
the Bureau of Land Management, United States Department of
the Interior. The Attorney General of the United States and
the Secretary of the Interior shall take such actions as may
be necessary to carry out such transfer.
(b) Property Description.--The property referred to in
subsection (a) is a portion of a 200-acre property located in
the San Joaquin Valley, approximately 55 miles east of San
Francisco, 2 miles to the west of the City of Tracy,
California, municipal limits, approximately 1.25 miles west
of Interstate 5 (I-5) and \1/2\ mile southeast of the I-580/
I-205 split as indicated by Exhibit I-3, formerly a Federal
Aviation Administration (FAA) antenna field, known as the
``Tracy Site''.
SEC. 250. CONVEYANCE, CAMP OWEN AND RELATED PARCELS, KERN
COUNTY, CALIFORNIA.
(a) Conveyance Required.--The Secretary of Agriculture
shall convey, without consideration, to Kern County,
California, all right, title, and interest of the United
States in and to three parcels of land under the jurisdiction
of the Forest Service in Kern County, as follows
(1) Approximately 104 acres known as Camp Owen.
(2) Approximately 4 acres known as Wofford Heights Park.
(3) Approximately 3.4 acres known as the French Gulch
maintenance yard.
(b) Condition on Conveyance.--The lands conveyed under this
section shall be subject to valid existing rights of record.
(c) Time for Conveyance.--The Secretary shall complete the
conveyance under this section within three months after the
date of the enactment of this Act.
(d) Legal Descriptions.--The exact acreage and legal
description of the lands to be conveyed under this section
shall be determined by a survey satisfactory to the
Secretary.
SEC. 251. TREATMENT OF CERTAIN LAND ACQUIRED BY EXCHANGE, RED
CLIFFS DESERT RESERVE, UTAH.
(a) Limitation on Liability.--In support of the habitat
conservation plan of Washington County, Utah, for the
protection of the desert tortoise and surrounding habitat,
the transfer of the land described in subsection (b) from the
city of St. George, Utah, to the United States shall convey
no liability on the United States that did not already exist
with the United States on the date of the transfer of the
land.
(b) Description of Land.--The land referred to in
subsection (a) is a parcel of approximately 15 acres of land
located within the Red Cliffs Desert Reserve in Washington
County, Utah, that was formerly used as a landfill by the
city of St. George.
SEC. 252. LAND CONVEYANCE, YAVAPAI COUNTY, ARIZONA.
(a) Conveyance Required.--Notwithstanding any other
provision of law, the Secretary of the Interior shall convey,
without consideration and for educational related purposes,
to Embry-Riddle Aeronautical University, Florida, a nonprofit
corporation authorized to do business in the State of
Arizona, all right, title, and interest of the United States,
if any, to a parcel of real property consisting of
approximately 16 acres in Yavapai County, Arizona, which is
more fully described as the parcel lying east of the east
right-of-way boundary of the Willow Creek Road in the
southwest one-quarter of the southwest one-quarter (SW\1/
4\SW\1/4\) of section 2, township 14 north, range 2 west,
Gila and Salt River meridian.
(b) Terms of Conveyance.--Subject to the limitation that
the land to be conveyed is to be used only for educational
related purposes, the conveyance under subsection (a) is to
be made without any other conditions, limitations,
reservations, restrictions, or terms by the United States.
SEC. 253. CONVEYANCE, OLD COYOTE ADMINISTRATIVE SITE, RIO
ARRIBA COUNTY, NEW MEXICO.
(a) Conveyance of Property.--Not later than one year after
the date of enactment of this Act, the Secretary of the
Interior (referred to in this section as the ``Secretary'')
shall convey to the County of Rio Arriba, New Mexico
(referred to in this section as the ``County''), subject to
the terms and conditions stated in subsection (b), all right,
title, and interest of the United States in and to the land
(including all improvements on the land) known as the ``Old
Coyote Administrative Site'' located approximately \1/2\ mile
east of the Village of Coyote, New Mexico, on State Road 96,
comprising one tract of 130.27 acres (as described in Public
Land Order 3730), and one tract of 276.76 acres (as described
in Executive Order 4599).
(b) Terms and Conditions.--
(1) Consideration for the conveyance described in
subsection (a) shall be--
(A) an amount that is consistent with the special pricing
program for Governmental entities under the Recreation and
Public Purposes Act; and
(B) an agreement between the Secretary and the County
indemnifying the Government of the United States from all
liability of the Government that arises from the property.
(2) The lands conveyed by this Act shall be used for public
purposes. If such lands cease to be used for public purposes,
at the option of the United States, such lands will revert to
the United States.
(c) Land Withdrawals.--Land withdrawals under Public Land
Order 3730 and Executive Order 4599 as extended in the
Federal Register on May 25, 1989 (54 F.R. 22629), shall be
revoked simultaneous with the conveyance of the property
under subsection (a).
SEC. 254. ACQUISITION OF REAL PROPERTY INTERESTS FOR ADDITION
TO CHICKAMAUGA-CHATTANOOGA NATIONAL MILITARY
PARK.
The Secretary of the Interior may acquire private lands,
easements, and buildings within the areas authorized for
acquisition for Chickamauga-Chattanooga National Military
Park, by donation, purchase with donated or appropriated
funds, or by exchange. Lands acquired by the Secretary
pursuant to this section shall be administered by the
Secretary as part of the park.
SEC. 255. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL
FOREST AND OTHER PUBLIC LANDS IN OREGON.
(a) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain lands depicted on the
map entitled ``BLM/Rogue River N.F. Administrative
Jurisdiction Transfer'' and dated April 28, 1998, consisting
of approximately 2,058 acres within the external boundaries
of Rogue River National Forest in the State of Oregon are
hereby added to and made a part of Rogue River National
Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights,
the Secretary of Agriculture shall manage such lands as part
of Rogue River National Forest in accordance with the Act of
March 1, 1911 (commonly known as the Weeks Law), and under
the laws, rules, and regulations applicable to the National
Forest System.
(b) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal lands depicted on the map
entitled ``BLM/Rogue River N.F. Administrative Jurisdiction
Transfer'' and dated April 28, 1998, consisting of
approximately 1,632 acres within the external boundaries of
Rogue River National Forest, are hereby transferred to
unreserved public domain status, and their status as part of
Rogue River National Forest and the National Forest System is
hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands
under the laws, rules, and regulations applicable to
unreserved public domain lands.
(c) Restoration of Status of Certain National Forest Lands
as Revested Railroad Grant Lands.--
(1) Restoration of earlier status.--The Federal lands
depicted on the map entitled ``BLM/Rogue River N.F.
Administrative Jurisdiction Transfer'' and dated April 28,
1998, consisting of approximately 4,298 acres within the
external boundaries of Rogue River National Forest, are
hereby restored to the status of revested Oregon and
California Railroad grant lands, and their status as part of
Rogue River National Forest and the National Forest System is
hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands
under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.),
and other laws, rules, and regulations applicable to revested
Oregon and California Railroad grant lands under the
administrative jurisdiction of the Secretary of the Interior.
(d) Addition of Certain Revested Railroad Grant Lands to
National Forest.--
(1) Land transfer.--The revested Oregon and California
Railroad grant lands depicted on the map entitled ``BLM/Rogue
River N.F. Administrative Jurisdiction Transfer'' and dated
April 28, 1998, consisting of approximately 960 acres within
the external boundaries of Rogue River National Forest, are
hereby added to and made a part of Rogue River National
Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights,
the Secretary of Agriculture shall manage such lands as part
of the Rogue River National Forest in accordance with the Act
of March 1, 1911 (commonly known as the Weeks Law), and under
the laws, rules, and regulations applicable to the National
Forest System.
(3) Distribution of receipts.--Notwithstanding the sixth
paragraph under the heading ``forest service'' in the Act of
May 23, 1908 and section 13 of the Act of March 1, 1911 (16
U.S.C. 500), revenues derived from the
[[Page H9548]]
lands described in paragraph (1) shall be distributed in
accordance with the Act of August 28, 1937 (43 U.S.C. 1181a
et seq.).
(e) Boundary Adjustment.--The boundaries of Rogue River
National Forest are hereby adjusted to encompass the lands
transferred to the administrative jurisdiction of the
Secretary of Agriculture under this section and to exclude
private property interests adjacent to the exterior
boundaries of Rogue River National Forest, as depicted on the
map entitled ``Rogue River National Forest Boundary
Adjustment'' and dated April 28, 1998.
(f) Maps.--Within 60 days after the date of the enactment
of this Act, the maps referred to in this section shall be
available for public inspection in the office of the Chief of
the Forest Service.
(g) Miscellaneous Requirements.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture shall revise
the public land records relating to the lands transferred
under this section to reflect the administrative, boundary,
and other changes made by this section. The Secretaries shall
publish in the Federal Register appropriate notice to the
public of the changes in administrative jurisdiction made by
this section with regard to lands described in this section.
SEC. 256. PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT
LANDS.
(a) Definitions.--For purposes of this section:
(1) O&C lands.--The term ``O&C lands'' means the lands
that--
(A) revested in the United States under the Act of June 9,
1916 (Chapter 137; 39 Stat. 218), commonly known as Oregon
and California Railroad grant lands; and
(B) are managed by the Secretary of the Interior through
the Bureau of Land Management under the Act of August 28,
1937 (43 U.S.C. 1181a et seq.).
(2) CBWR lands.--The term ``CBWR lands'' means the lands
that--
(A) were reconveyed to the United States under the Act of
February 26, 1919 (Chapter 47; 40 Stat. 1179), commonly known
as Coos Bay Wagon Road grant lands; and
(B) are managed by the Secretary of the Interior through
the Bureau of Land Management under the Act of August 28,
1937 (43 U.S.C. 1181a et seq.).
(3) Public domain lands.--The term ``public domain lands''
has the meaning given the term ``public lands'' in the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), except that the term does not include O&C
lands and CBWR lands.
(4) O&C geographic area.--The term ``O&C geographic area''
means all lands in the State of Oregon located within the
boundaries of the Bureau of Land Management's Medford
District, Roseburg District, Eugene District, Salem District,
Coos Bay District, and Klamath Resource Area of the Lakeview
District, as those districts and that resource area were
constituted on January 1, 1998.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Policy of No Net Loss of O&C Lands.--In carrying out
sales, purchases, and exchanges of lands located in the O&C
geographic area, the Secretary shall seek to ensure that such
sales, purchases, and exchanges do not decrease the number of
acres of O&C lands.
(c) Determination of Whether Loss Occurred.--Not later than
April 1 of each fiscal year, the Secretary shall determine
whether there has been a net reduction in the number of acres
of O&C lands during the preceding fiscal year as a result of
the disposal of lands by the United States under any
provision of law.
(d) Actions in Event of a Loss of O&C Lands.--
(1) Designation of replacement lands.--If the Secretary
determines under subsection (c) for a fiscal year that a
reduction in the number of acres of O&C lands occurred, the
Secretary shall designate a number of acres of forested
public domain lands within the O&C geographic area, equal to
the number of acres of that reduction, for treatment as O&C
lands under subsection (e). The Secretary shall make the
designation under this paragraph within 90 days after the
date on which the Secretary made the determination under
subsection (c).
(2) Lands designated.--The Secretary shall designate under
paragraph (1) forested public domain lands that are stocked
with timber in volumes per acre that are not less than the
average volumes per acre found on the O&C lands that were
disposed of during the fiscal year involved. Public domain
lands designated under paragraph (1) shall be selected from
public domain lands within similar land allocations, under
the resource management plans then in effect, as the O&C
lands that were disposed of.
(e) Treatment of Designated Lands.--Public domain lands
designated by the Secretary under subsection (d) shall for
all purposes have the same status, be administered, and be
otherwise treated as lands that were revested in the United
States pursuant to the Act of June 9, 1916 (chapter 137; 39
Stat. 218), and managed by the Secretary under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(f) Congressional Notification.--Not later than September
30 of each fiscal year in which public domain lands are
designated under subsection (d), the Secretary shall submit
to Congress a report describing each designation of lands
under such subsection in that fiscal year.
TITLE III--HERITAGE AREAS
Subtitle A--Delaware and Lehigh National Heritage Corridor of
Pennsylvania
SEC. 301. CHANGE IN NAME OF HERITAGE CORRIDOR.
The Delaware and Lehigh Navigation Canal National Heritage
Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552; 16
U.S.C. 461 note) is amended by striking ``Delaware and Lehigh
Navigation Canal National Heritage Corridor'' each place it
appears (except section 4(a)) and inserting ``Delaware and
Lehigh National Heritage Corridor''.
SEC. 302. PURPOSE.
Section 3(b) of such Act (102 Stat. 4552) is amended as
follows:
(1) By inserting after ``subdivisions'' the following: ``in
enhancing economic development within the context of
preservation and''.
(2) By striking ``and surrounding the Delaware and Lehigh
Navigation Canal in the Commonwealth'' and inserting ``the
Corridor''.
SEC. 303. CORRIDOR COMMISSION.
(a) Membership.--Section 5(b) of such Act (102 Stat. 4553)
is amended as follows:
(1) In the matter preceding paragraph (1), by striking
``appointed not later than 6 months after the date of
enactment of this Act''.
(2) By striking paragraph (2) and inserting the following:
``(2) 3 individuals appointed by the Secretary upon
consideration of individuals recommended by the governor, of
whom--
``(A) 1 shall represent the Pennsylvania Department of
Conservation and Natural Resources;
``(B) 1 shall represent the Pennsylvania Department of
Community and Economic Development; and
``(C) 1 shall represent the Pennsylvania Historical and
Museum Commission.''.
(3) In paragraph (3), by striking ``the Secretary, after
receiving recommendations from the Governor, of whom'' and
all that follows through ``Delaware Canal region'' and
inserting the following: ``the Secretary upon consideration
of individuals recommended by the governor, of whom--
``(A) 1 shall represent a city, 1 shall represent a
borough, and 1 shall represent a township; and
``(B) 1 shall represent each of the 5 counties of Luzerne,
Carbon, Lehigh, Northampton, and Bucks in Pennsylvania''.
(4) In paragraph (4)--
(A) By striking ``8 individuals'' and inserting ``9
individuals''.
(B) By striking ``the Secretary, after receiving
recommendations from the Governor, who shall have'' and all
that follows through ``Canal region. A vacancy'' and
inserting the following: ``the Secretary upon consideration
of individuals recommended by the governor, of whom--
``(A) 3 shall represent the northern region of the
Corridor;
``(B) 3 shall represent the middle region of the Corridor;
and
``(C) 3 shall represent the southern region of the
Corridor.
A vacancy''.
(b) Terms.--Section 5 of such Act (102 Stat. 4553) is
amended by striking subsection (c) and inserting the
following:
``(c) Terms.--The following provisions shall apply to a
member of the Commission appointed under paragraph (3) or (4)
of subsection (b):
``(1) Length of term.--The member shall be appointed for a
term of 3 years.
``(2) Carryover.--The member shall serve until a successor
is appointed by the Secretary.
``(3) Replacement.--If the member resigns or is unable to
serve due to incapacity or death, the Secretary shall
appoint, not later than 60 days after receiving a nomination
of the appointment from the Governor, a new member to serve
for the remainder of the term.
``(4) Term limits.--A member may serve for not more than 6
years.''
SEC. 304. POWERS OF CORRIDOR COMMISSION.
(a) Conveyance of Real Estate.--Section 7(g)(3) of such Act
(102 Stat. 4555) is amended in the first sentence by
inserting ``or nonprofit organization'' after ``appropriate
public agency''.
(b) Cooperative Agreements.--Section 7(h) of such Act (102
Stat. 4555) is amended as follows:
(1) In the first sentence, by inserting ``any non-profit
organization,'' after ``subdivision of the Commonwealth,''.
(2) In the second sentence, by inserting ``such nonprofit
organization,'' after ``such political subdivision,''.
SEC. 305. DUTIES OF CORRIDOR COMMISSION.
Section 8(b) of such Act (102 Stat. 4556) is amended in the
matter preceding paragraph (1) by inserting ``, cultural,
natural, recreational, and scenic'' after ``interpret the
historic''.
SEC. 306. TERMINATION OF CORRIDOR COMMISSION.
Section 9(a) of such Act (102 Stat. 4556) is amended by
striking ``5 years after the date of enactment of this Act''
and inserting ``5 years after the date of enactment of the
Omnibus National Parks and Public Lands Act of 1998''.
SEC. 307. DUTIES OF OTHER FEDERAL ENTITIES.
Section 11 of such Act (102 Stat. 4557) is amended in the
matter preceding paragraph (1) by striking ``the flow of the
Canal or the natural'' and inserting ``directly affecting the
purposes of the Corridor''.
[[Page H9549]]
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--Section 12(a) of such Act (102 Stat. 4558)
is amended by striking ``$350,000'' and inserting
``$1,000,000''.
(b) Management Action Plan.--Section 12 of such Act (102
Stat. 4558) is amended by adding at the end the following:
``(c) Management Action Plan.--
``(1) In general.--To implement the management action plan
created by the Commission, there is authorized to be
appropriated $1,000,000 for each of fiscal years 2000 through
2007.
``(2) Limitation on expenditures.--Amounts made available
under paragraph (1) shall not exceed 50 percent of the costs
of implementing the management action plan.''.
SEC. 309. LOCAL AUTHORITY AND PRIVATE PROPERTY.
Such Act is further amended--
(1) by redesignating section 13 (102 Stat. 4558) as section
14; and
(2) by inserting after section 12 the following:
``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.
``The Commission shall not interfere with--
``(1) the private property rights of any person; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Pennsylvania or any political subdivision of
Pennsylvania.''.
SEC. 310. DUTIES OF THE SECRETARY.
Section 10 of such Act (102 Stat. 4557) is amended by
striking subsection (d) and inserting the following:
``(d) Technical Assistance and Grants.--The Secretary, upon
request of the Commission, is authorized to provide grants
and technical assistance to the Commission or units of
government, nonprofit organizations, and other persons, for
development and implementation of the Plan.''.
Subtitle B--Automobile National Heritage Area of Michigan
SEC. 311. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the industrial, cultural, and natural heritage legacies
of Michigan's automobile industry are nationally significant;
(2) in the areas of Michigan including and in proximity to
Detroit, Dearborn, Pontiac, Flint, and Lansing, the design
and manufacture of the automobile helped establish and expand
the United States industrial power;
(3) the industrial strength of automobile manufacturing was
vital to defending freedom and democracy in 2 world wars and
played a defining role in American victories;
(4) the economic strength of our Nation is connected
integrally to the vitality of the automobile industry, which
employs millions of workers and upon which 1 out of 7 United
States jobs depends;
(5) the industrial and cultural heritage of the automobile
industry in Michigan includes the social history and living
cultural traditions of several generations;
(6) the United Auto Workers and other unions played a
significant role in the history and progress of the labor
movement and the automobile industry;
(7) the Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and
historic resources, and there are significant examples of
these resources within Michigan to merit the involvement of
the Federal Government to develop programs and projects in
cooperation with the Automobile National Heritage Area
Partnership, Incorporated, the State of Michigan, and other
local and governmental bodies, to adequately conserve,
protect, and interpret this heritage for the educational and
recreational benefit of this and future generations of
Americans;
(8) the Automobile National Heritage Area Partnership,
Incorporated would be an appropriate entity to oversee the
development of the Automobile National Heritage Area; and
(9) 2 local studies, ``A Shared Vision for Metropolitan
Detroit'' and ``The Machine That Changed the World'', and a
National Park Service study, ``Labor History Theme Study:
Phase III; Suitability-Feasibility'', demonstrated that
sufficient historical resources exist to establish the
Automobile National Heritage Area.
(b) Purpose.--The purpose of this subtitle is to establish
the Automobile National Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, and the local communities in
Michigan and empower communities in Michigan to conserve
their automotive heritage while strengthening future economic
opportunities; and
(2) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Automobile National
Heritage Area.
SEC. 312. DEFINITIONS.
For purposes of this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
of the Partnership.
(2) Heritage area.--The term ``Heritage Area'' means the
Automobile National Heritage Area established by section 313.
(3) Partnership.--The term ``Partnership'' means the
Automobile National Heritage Area Partnership, Incorporated
(a nonprofit corporation established under the laws of the
State of Michigan).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 313. AUTOMOBILE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of
Michigan the Automobile National Heritage Area.
(b) Boundaries.--
(1) In general.--Subject to paragraph (2), the boundaries
of the Heritage Area shall include lands in Michigan that are
related to the following corridors:
(A) The Rouge River Corridor.
(B) The Detroit River Corridor.
(C) The Woodward Avenue Corridor.
(D) The Lansing Corridor.
(E) The Flint Corridor.
(F) The Sauk Trail/Chicago Road Corridor.
(2) Specific boundaries.--The specific boundaries of the
Heritage Area shall be those specified in the management plan
approved under section 315.
(3) Map.--The Secretary shall prepare a map of the Heritage
Area which shall be on file and available for public
inspection in the office of the Director of the National Park
Service.
(4) Consent of local governments.--(A) The Partnership
shall provide to the government of each city, village, and
township that has jurisdiction over property proposed to be
included in the Heritage Area written notice of that
proposal.
(B) Property may not be included in the Heritage Area if--
(i) the Partnership fails to give notice of the inclusion
in accordance with subparagraph (A);
(ii) any local government to which the notice is required
to be provided objects to the inclusion, in writing to the
Partnership, by not later than the end of the period provided
pursuant to clause (iii); or
(iii) fails to provide a period of at least 60 days for
objection under clause (ii).
(c) Administration.--The Heritage Area shall be
administered in accordance with this subtitle.
(d) Additions and Deletions of Lands.--The Secretary may
add or remove lands to or from the Heritage Area in response
to a request from the Partnership.
SEC. 314. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.
(a) In General.--The Partnership shall be the management
entity for the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Partnership may
receive amounts appropriated to carry out this subtitle.
(2) Disqualification.--If a management plan for the
Heritage Area is not submitted to the Secretary as required
under section 315 within the time specified in that section,
the Partnership shall cease to be authorized to receive
Federal funding under this subtitle until such a plan is
submitted to the Secretary.
(c) Authorities of Partnership.--The Partnership may, for
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available under
this subtitle--
(1) to make grants to the State of Michigan, its political
subdivisions, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State of Michigan, its political
subdivisions, nonprofit organizations, and other
organizations;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or
law requiring the recipient of such money to make a
contribution in order to receive such money; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The
Partnership may not use Federal funds received under this
subtitle to acquire real property or any interest in real
property.
SEC. 315. MANAGEMENT DUTIES OF THE AUTOMOBILE NATIONAL
HERITAGE AREA PARTNERSHIP.
(a) Heritage Area Management Plan.--
(1) Submission for review by secretary.--The Board of
Directors of the Partnership shall, within 3 years after the
date of enactment of this subtitle, develop and submit for
review to the Secretary a management plan for the Heritage
Area.
(2) Plan requirements, generally.--A management plan
submitted under this section shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of the
Heritage Area;
(B) be prepared with public participation;
(C) take into consideration existing Federal, State,
county, and local plans and involve residents, public
agencies, and private organizations in the Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to take
to protect the resources of the Heritage Area; and
(E) specify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area.
(3) Additional plan requirements.--The management plan also
shall include the following, as appropriate:
(A) An inventory of resources contained in the Heritage
Area, including a list of property in the Heritage Area that
should be conserved, restored, managed, developed, or
maintained because of the natural, cultural, or historic
significance of the property as it relates to the themes of
the Heritage Area. The inventory may not include any property
that is privately owned unless the owner of the property
consents in writing to that inclusion.
[[Page H9550]]
(B) A recommendation of policies for resource management
that consider and detail the application of appropriate land
and water management techniques, including (but not limited
to) the development of intergovernmental cooperative
agreements to manage the historical, cultural, and natural
resources and recreational opportunities of the Heritage Area
in a manner consistent with the support of appropriate and
compatible economic viability.
(C) A program for implementation of the management plan,
including plans for restoration and construction and a
description of any commitments that have been made by persons
interested in management of the Heritage Area.
(D) An analysis of means by which Federal, State, and local
programs may best be coordinated to promote the purposes of
this subtitle.
(E) An interpretive plan for the Heritage Area.
(4) Approval and disapproval of the management plan.--
(A) In general.--Not later than 180 days after submission
of the Heritage Area management plan by the Board, the
Secretary shall approve or disapprove the plan. If the
Secretary has taken no action after 180 days, the plan shall
be considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the management plan, the Secretary shall advise
the Board, in writing, of the reasons for the disapproval and
shall make recommendations for revision of the plan. The
Secretary shall approve or disapprove proposed revisions to
the plan not later than 60 days after receipt of such
revisions from the Board. If the Secretary has taken no
action for 60 days after receipt, the plan and revisions
shall be considered approved.
(b) Priorities.--The Partnership shall give priority to the
implementation of actions, goals, and policies set forth in
the management plan for the Heritage Area, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the natural and cultural resources in the
Heritage Area;
(B) in establishing and maintaining interpretive exhibits
in the Heritage Area;
(C) in developing recreational opportunities in the
Heritage Area;
(D) in increasing public awareness of and appreciation for
the natural, historical, and cultural resources of the
Heritage Area;
(E) in the restoration of historic buildings that are
located within the boundaries of the Heritage Area and
related to the theme of the Heritage Area; and
(F) in ensuring that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are put in place throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The
Partnership shall, in preparing and implementing the
management plan for the Heritage Area, consider the interest
of diverse units of government, businesses, private property
owners, and nonprofit groups within the Heritage Area.
(d) Public Meetings.--The Partnership shall conduct public
meetings at least annually regarding the implementation of
the Heritage Area management plan.
(e) Annual Reports.--The Partnership shall, for any fiscal
year in which it receives Federal funds under this subtitle
or in which a loan made by the Partnership with Federal funds
under section 314(c)(1) is outstanding, submit an annual
report to the Secretary setting forth its accomplishments,
its expenses and income, and the entities to which it made
any loans and grants during the year for which the report is
made.
(f) Cooperation With Audits.--The Partnership shall, for
any fiscal year in which it receives Federal funds under this
subtitle or in which a loan made by the Partnership with
Federal funds under section 314(c)(1) is outstanding, make
available for audit by the Congress, the Secretary, and
appropriate units of government all records and other
information pertaining to the expenditure of such funds and
any matching funds, and require, for all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available for such audit all records and other information
pertaining to the expenditure of such funds.
(g) Delegation.--The Partnership may delegate the
responsibilities and actions under this section for each
corridor identified in section 313(b)(1). All delegated
actions are subject to review and approval by the
Partnership.
SEC. 316. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of
appropriations, grants to units of government, nonprofit
organizations, and other persons upon request of the
Partnership, and to the Partnership, regarding the management
plan and its implementation.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of such
technical assistance or a grant to enact or modify land use
restrictions.
(3) Determinations regarding assistance.--The Secretary
shall decide if a unit of government, nonprofit organization,
or other person shall be awarded technical assistance or
grants and the amount of that assistance. Such decisions
shall be based on the relative degree to which the assistance
effectively fulfills the objectives contained in the Heritage
Area management plan and achieves the purposes of this
subtitle. Such decisions shall give consideration to projects
which provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other
Federal agencies, the Secretary shall provide the general
public with information regarding the location and character
of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into
cooperative agreements with public and private organizations
for the purposes of implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the Heritage Area
shall consider the potential effect of the activity on the
Heritage Area management plan and shall consult with the
Partnership with respect to the activity to minimize the
adverse effects of the activity on the Heritage Area.
SEC. 317. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE
PROPERTY.
(a) Lack of Effect on Authority of Local Government.--
Nothing in this subtitle shall be construed to modify,
enlarge, or diminish any authority of Federal, State, or
local governments to regulate any use of land under any other
law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this
subtitle shall be construed to grant powers of zoning or land
use control to the Partnership.
(c) Local Authority and Private Property Not Affected.--
Nothing in this subtitle shall be construed to affect or to
authorize the Partnership to interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Michigan or a political subdivision thereof.
SEC. 318. SUNSET.
The Secretary may not make any grant or provide any
assistance under this subtitle after September 30, 2014.
SEC. 319. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
under this subtitle not more than $1,000,000 for any fiscal
year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Area under this subtitle.
(b) 50 Percent Match.--Federal funding provided under this
subtitle, after the designation of the Heritage Area, may not
exceed 50 percent of the total cost of any activity carried
out with any financial assistance or grant provided under
this subtitle.
Subtitle C--Lackawanna Heritage Valley American Heritage Area of
Pennsylvania
SEC. 321. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The industrial and cultural heritage of northeastern
Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and
Susquehanna counties, related directly to anthracite and
anthracite-related industries, is nationally significant, as
documented in the United States Department of the Interior-
National Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the Pennsylvania
Historic and Museum Commission (1996).
(2) These industries include anthracite mining, ironmaking,
textiles, and rail transportation.
(3) The industrial and cultural heritage of the anthracite
and related industries in this region includes the social
history and living cultural traditions of the people of the
region.
(4) The labor movement of the region played a significant
role in the development of the Nation including the formation
of many key unions such as the United Mine Workers of
America, and crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and
there are significant examples of these resources within this
4-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation
with the Lackawanna Heritage Valley Authority, the
Commonwealth of Pennsylvania, and other local and
governmental bodies, to adequately conserve, protect, and
interpret this heritage for future generations, while
providing opportunities for education and revitalization.
(6) The Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region.
(b) Purpose.--The objectives of the Lackawanna Heritage
Valley American Heritage Area are as follows:
(1) To foster a close working relationship with all levels
of government, the private sector, and the local communities
in the anthracite coal region of northeastern Pennsylvania
and empower the communities to conserve their heritage while
continuing to pursue economic opportunities.
(2) To conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region of
northeastern Pennsylvania.
[[Page H9551]]
SEC. 322. LACKAWANNA HERITAGE VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is hereby established the
Lackawanna Heritage Valley American Heritage Area (in this
subtitle referred to as the ``Heritage Area'').
(b) Boundaries.--The Heritage Area shall be comprised of
all or parts of the counties of Lackawanna, Luzerne, Wayne,
and Susquehanna in Pennsylvania, determined pursuant to the
compact under section 323.
(c) Management Entity.--The management entity for the
Heritage Area shall be the Lackawanna Heritage Valley
Authority.
SEC. 323. COMPACT.
To carry out the purposes of this subtitle, the Secretary
of the Interior (in this subtitle referred to as the
``Secretary'') shall enter into a compact with the management
entity. The compact shall include information relating to the
objectives and management of the area, including each of the
following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
SEC. 324. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management
entity may, for purposes of preparing and implementing the
management plan developed under subsection (b), use funds
made available through this subtitle for the following:
(1) To make loans and grants to, and enter into cooperative
agreements with States and their political subdivisions,
private organizations, or any person.
(2) To hire and compensate staff.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the Heritage Area's
conservation, funding, management, and development. Such plan
shall take into consideration existing State, county, and
local plans and involve residents, public agencies, and
private organizations working in the Heritage Area. It shall
include actions to be undertaken by units of government and
private organizations to protect the resources of the
Heritage Area. It shall specify the existing and potential
sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include, as appropriate, the
following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance.
(2) A recommendation of policies for resource management
which considers and details application of appropriate land
and water management techniques, including, but not limited
to, the development of intergovernmental cooperative
agreements to protect the Heritage Area's historical,
cultural, recreational, and natural resources in a manner
consistent with supporting appropriate and compatible
economic viability.
(3) A program for implementation of the management plan by
the management entity, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this subtitle.
(5) An interpretation plan for the Heritage Area.
The management entity shall submit the management plan to the
Secretary for approval within 3 years after the date of
enactment of this subtitle. If a management plan is not
submitted to the Secretary as required within the specified
time, the Heritage Area shall no longer qualify for Federal
funding.
(c) Duties of Management Entity.--The management entity
shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including steps to assist units
of government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in establishing
and maintaining interpretive exhibits in the Heritage Area;
assist units of government, regional planning organizations,
and nonprofit organizations in developing recreational
resources in the Heritage Area;
(3) assist units of government, regional planning
organizations, and nonprofit organizations in increasing
public awareness of and appreciation for the natural,
historical, and architectural resources and sites in the
Heritage Area; assist units of government, regional planning
organizations and nonprofit organizations in the restoration
of any historic building relating to the themes of the
Heritage Area;
(4) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the plan;
encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the plan;
(5) assist units of government, regional planning
organizations, and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put in
place throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(8) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for
the Secretary's approval; for any year in which Federal funds
have been received under this subtitle, submit an annual
report to the Secretary setting forth its accomplishments,
its expenses and income, and the entity to which any loans
and grants were made during the year for which the report is
made; and
(9) for any year in which Federal funds have been received
under this subtitle, make available for audit all records
pertaining to the expenditure of such funds and any matching
funds, and require, for all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available for audit all records
pertaining to the expenditure of such funds.
(d) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under
this subtitle to acquire real property or an interest in real
property. Nothing in this subtitle shall preclude any
management entity from using Federal funds from other sources
for their permitted purposes.
SEC. 325. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and financial assistance
to the management entity to develop and implement the
management plan. In assisting the management entity, the
Secretary shall give priority to actions that in general
assist in--
(A) conserving the significant natural, historic, and
cultural resources which support its themes; and
(B) providing educational, interpretive, and recreational
opportunities consistent with its resources and associated
values.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this subtitle,
especially in assisting units of government in appropriate
treatment of districts, sites, buildings, structures, and
objects listed or eligible for listing on the National
Register of Historic Places. The Historic American Building
Survey/Historic American Engineering Record shall conduct
those studies necessary to document the industrial,
engineering, building, and architectural history of the
region.
(b) Approval and Disapproval of Compacts and Management
Plans.--The Secretary, in consultation with the Governor of
Pennsylvania, shall approve or disapprove a compact or
management plan submitted under this subtitle not later than
90 days after receiving such compact or management plan.
(c) Action Following Disapproval.--If the Secretary
disapproves a submitted compact or management plan, the
Secretary shall advise the management entity in writing of
the reasons therefore and shall make recommendations for
revisions in the compact or plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the
date it is submitted.
(d) Approving Amendments.--The Secretary shall review
substantial amendments to the management plan for the
Heritage Area. Funds appropriated pursuant to this subtitle
may not be expended to implement the changes made by such
amendments until the Secretary approves the amendments.
SEC. 326. SUNSET.
The Secretary may not make any grant or provide any
assistance under this subtitle after September 30, 2012.
SEC. 327. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
under this subtitle not more than $1,000,000 for any fiscal
year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Area under this subtitle.
(b) 50 Percent Match.--Federal funding provided under this
subtitle, after the designation of the Heritage Area, may not
exceed 50 percent of the total cost of any assistance or
grant provided or authorized under this subtitle.
Subtitle D--Miscellaneous Provisions
SEC. 331. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR,
MASSACHUSETTS AND RHODE ISLAND.
Section 10(b) of the Act entitled ``An Act to establish the
Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986
(Public Law 99-647; 16 U.S.C. 461 note), is amended by
striking ``For fiscal year 1996, 1997, and 1998,'' and
inserting ``For fiscal years 1998, 1999, and 2000,''.
SEC. 332. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR, ILLINOIS.
(a) Extension of Commission.--Section 111(a) of the
Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 98 Stat. 1456; 16 U.S.C. 461 note)
[[Page H9552]]
is amended by striking ``ten'' and inserting ``20''.
(b) Repeal of Extension Authority.--Section 111 of such Act
(16 U.S.C. 461 note) is further amended--
(1) by striking ``(a) Termination.--''; and
(2) by striking subsection (b).
TITLE IV--HISTORIC AREAS
SEC. 401. BATTLE OF MIDWAY NATIONAL MEMORIAL STUDY.
(a) Findings.--The Congress makes the following findings:
(1) September 2, 1998, marked the 53d anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces
inflicted such severe losses on the Imperial Japanese Navy
during the battle that the Imperial Japanese Navy never again
took the offensive against United States or allied forces.
(3) During the Battle of Midway on June 4, 1942, an
outnumbered force of the United States Navy, consisting of 29
ships and other units of the Armed Forces under the command
of Admiral Nimitz and Admiral Spruance, outmaneuvered and
out-fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway to express the enduring gratitude of the
American people for victory in the battle and to inspire
future generations of Americans with the heroism and
sacrifice of the members of the Armed Forces who achieved
that victory.
(5) The historic structures on Midway Atoll should be
protected and maintained.
(b) Purpose.--The purpose of this section shall be to
require a study of the feasibility and suitability of
designating the Midway Atoll as a national memorial to the
Battle of Midway within the boundaries of the Midway Atoll
National Wildlife Refuge. The study of the Midway Atoll and
its environs shall include, but not be limited to,
identification of interpretive opportunities for the
educational and inspirational benefit of present and future
generations, and of the unique and significant circumstances
involving the defense of the island by the United States in
World War II and the Battle of Midway.
(c) Study of The Establishment of Midway Atoll as a
National Memorial to the Battle of Midway.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall carry out a study of the suitability and
feasibility of establishing Midway Atoll as a national
memorial to the Battle of Midway. The Secretary shall carry
out the study in consultation with the Director of the
National Park Service, the International Midway Memorial
Foundation, Inc. (referred to in this section as the
``Foundation''), the Veterans of Foreign Wars, the Battle of
Coral Sea Association, the American Legion, or other
appropriate veterans group, respectively, and the Midway
Phoenix Corporation.
(2) Considerations.--In studying the establishment of
Midway Atoll as a national memorial to the Battle of Midway
under paragraph (1), the Secretary shall address the
following:
(A) The appropriate Federal agency to manage such a
memorial, and whether and under what conditions to lease or
otherwise allow the Foundation or another appropriate entity
to administer, maintain, and fully utilize for use as a
national memorial to the Battle of Midway the lands
(including any equipment, facilities, infrastructure, and
other improvements) and waters of Midway Atoll if designated
as a national memorial.
(B) Whether designation as a national memorial would
conflict with current management of Midway Atoll as a
wildlife refuge and whether, and under what circumstances,
the needs and requirements of the wildlife refuge should take
precedence over the needs and requirements of a national
memorial on Midway Atoll.
(C) Whether, and under what conditions, to permit the use
of the facilities on Sand Island for purposes other than a
wildlife refuge or a national memorial.
(D) Whether to impose conditions on public access to Midway
Atoll if designated as a national memorial.
(d) Report.--Upon completion of the study required under
paragraph (1), the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the
study, which shall include any recommendations for further
legislative action. The report shall also include an
inventory of all known past and present facilities and
structures of historical significance on Midway Atoll and its
environs. The report shall include a description of each
historic facility and structure and a discussion of how each
will contribute to the designation and interpretation of the
proposed national memorial.
(e) Continuing Discussions.--Nothing in this section shall
be construed to delay or prohibit discussions or agreements
between the Foundation, the Veterans of Foreign Wars, the
Battle of Coral Sea Association, the American Legion, or any
other appropriate veterans group, or the Midway Phoenix
Corporation and the United States Fish and Wildlife Service
or any other Government entity regarding the future role of
the Foundation or the Midway Phoenix Corporation on Midway
Atoll.
(f) Existing Agreement.--This section shall not affect any
agreement in effect on the date of the enactment of this Act
between the United States Fish and Wildlife Service and
Midway Phoenix Corporation.
(g) Authorization.--There are authorized to be appropriated
to carry out this section not more than $100,000.
SEC. 402. HISTORIC LIGHTHOUSE PRESERVATION.
(a) Preservation of Historic Light Stations.--Title III of
the National Historic Preservation Act (16 U.S.C. 470w-470w-
6) is amended by adding the following new section after
section 307:
``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.
``(a) In General.--In order to provide a national historic
light station program, the Secretary shall--
``(1) collect and disseminate information concerning
historic light stations, including historic lighthouses and
associated structures;
``(2) foster educational programs relating to the history,
practice, and contribution to society of historic light
stations;
``(3) sponsor or conduct research and study into the
history of light stations;
``(4) maintain a listing of historic light stations; and
``(5) assess the effectiveness of the program established
by this section regarding the conveyance of historic light
stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Within one year of the date of enactment of this
section, the Secretary and the Administrator of General
Services shall establish a process for identifying, and
selecting, an eligible entity to which a historic light
station could be conveyed for education, park, recreation,
cultural, or historic preservation purposes.
``(2) The Secretary shall review all applicants for the
conveyance of a historic light station, when the historic
light station has been identified as excess to the needs of
the agency with administrative jurisdiction over the historic
light station, and forward to the Administrator a single
approved application for the conveyance of the historic light
station. When selecting an eligible entity, the Secretary may
consult with the State Historic Preservation Officer of the
state in which the historic light station is located. A
priority of consideration shall be afforded public entities
that submit applications in which the public entity enters
into a partnership with a nonprofit organization whose
primary mission is historic light station preservation.
``(3)(A) Except as provided in paragraph (B), the
Administrator shall convey, by quitclaim deed, without
consideration, all right, title, and interest of the United
States in and to the historic light station, subject to the
conditions set forth in subsection (c). The conveyance of a
historic light station under this section shall not be
subject to the provisions of 42 U.S.C. 11301 et seq.
``(B)(i) Historic light stations located within the
exterior boundaries of a unit of the National Park System or
a refuge within the National Wildlife Refuge System shall be
conveyed or sold only with the approval of the Secretary.
``(ii) If the Secretary approves the conveyance or sale of
a historic light station referenced in this paragraph, such
conveyance or sale shall be subject to the conditions set
forth in subsection (c) and any other terms or conditions the
Secretary considers necessary to protect the resources of the
park unit or wildlife refuge.
``(iii) For those historic light stations referenced in
this paragraph, the Secretary is encouraged to enter
cooperative agreements with appropriate eligible entities, as
provided in this Act, to the extent such cooperative
agreements are consistent with the Secretary's
responsibilities to manage and administer the park unit or
wildlife refuge, as appropriate.
``(c) Terms of Conveyance.--
``(1) The conveyance of a historic light station shall be
made subject to any conditions the Administrator considers
necessary to ensure that--
``(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated light station equipment
located at the historic light station, which are active aids
to navigation, shall continue to be operated and maintained
by the United States for as long as needed for this purpose;
``(B) the eligible entity to which the historic light
station is conveyed under this section shall not interfere or
allow interference in any manner with aids to navigation
without the express written permission of the head of the
agency responsible for maintaining the aids to navigation;
``(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation located at
the historic light station as may be necessary for navigation
purposes;
``(D) the eligible entity to which the historic light
station is conveyed under this section shall maintain the
historic light station in accordance with this Act, the
Secretary's Standards for the Treatment of Historic
Properties, and other applicable laws;
``(E) the eligible entity to which the historic light
station is conveyed under this section shall make the
historic light station available for education, park,
recreation, cultural or historic preservation purposes for
[[Page H9553]]
the general public at reasonable times and under reasonable
conditions; and
``(F) the United States shall have the right, at any time,
to enter the historic light station without notice for
purposes of maintaining and inspecting aids to navigation and
ensuring compliance with paragraph (C), to the extent that it
is not possible to provide advance notice.
``(2) The Secretary, the Administrator, and any eligible
entity to which a historic light station is conveyed under
this section, shall not be required to maintain any active
aids to navigation associated with a historic light station.
``(3) In addition to any term or condition established
pursuant to this subsection, the conveyance of a historic
light station shall include a condition that the historic
light station in its existing condition, at the option of the
Administrator, revert to the United States if--
``(A) the historic light station or any part of the
historic light station ceases to be available for education,
park, recreation, cultural, or historic preservation purposes
for the general public at reasonable times and under
reasonable conditions which shall be set forth in the
eligible entity's application;
``(B) the historic light station or any part of the
historic light station ceases to be maintained in a manner
that ensures its present or future use as an aid to
navigation or compliance with this Act, the Secretary's
Standards for the Treatment of Historic Properties, and other
applicable laws; or
``(C) at least 30 days before the reversion, the
Administrator provides written notice to the owner that the
historic light station is needed for national security
purposes.
``(d) Description of Property.--The Administrator shall
prepare the legal description of any historic light station
conveyed under this section. The Administrator may retain all
right, title, and interest of the United States in and to any
historical artifact, including any lens or lantern, that is
associated with the historic light station and located at the
light station at the time of conveyance. All conditions
placed with the deed of title to the historic light station
shall be construed as covenants running with the land. No
submerged lands shall be conveyed to non-Federal entities.
``(e) Responsibilities of Conveyees.--Each eligible entity
to which a historic light station is conveyed under this
section shall use and maintain the historic light station in
accordance with this section, and have such conditions
recorded with the deed of title to the historic light
station.
``(f) Definitions.--For purposes of this section and
sections 309 and 310:
``(1) Historic light station.--The term `historic light
station' includes the light tower, lighthouse, keepers
dwelling, garages, storage sheds, oil house, fog signal
building, boat house, barn, pumphouse, tramhouse support
structures, piers, walkways, and related real property and
improvements associated therewith; provided that the light
tower or lighthouse shall be included in or eligible for
inclusion in the National Register of Historic Places.
``(2) Eligible entity.--The term `eligible entity' shall
mean--
``(A) any department or agency of the Federal government;
or
``(B) any department or agency of the state in which the
historic light station is located, the local government of
the community in which the historic light station is located,
nonprofit corporation, educational agency, or community
development organization that--
``(i) has agreed to comply with the conditions set forth in
subsection (c) and to have such conditions recorded with the
deed of title to the historic light station;
``(ii) is financially able to maintain the historic light
station in accordance with the conditions set forth in
subsection (c); and
``(iii) can indemnify the Federal government to cover any
loss in connection with the historic light station, or any
expenses incurred due to reversion.
``(3) Administrator.--The term `Administrator' means the
Administrator of General Services.''.
(b) Sale of Excess Light Stations.--Title III of the
National Historic Preservation Act (16 U.S.C. 470w-470w-6) is
amended by adding the following new section after section
308:
``SEC. 309. HISTORIC LIGHT STATION SALES.
``In the event no applicants are approved for the
conveyance of a historic light station pursuant to section
308, the historic light station shall be offered for sale.
Terms of such sales shall be developed by the Administrator.
Conveyance documents shall include all necessary covenants to
protect the historical integrity of the historic light
station and ensure that any active aids to navigation located
at the historic light station are operated and maintained by
the United States for as long as needed for that purpose. Net
sale proceeds shall be transferred to the National Maritime
Heritage Grant Program, established by section 4 of the
National Maritime Heritage Act of 1994 (Public Law 103-451;
16 U.S.C. 5403), within the Department of the Interior.''.
(c) Transfer of Historic Light Stations to Federal
Agencies.--Title III of the National Historic Preservation
Act (16 U.S.C. 470w-470w-6) is amended by adding the
following new section after section 309:
``SEC. 310. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL
AGENCIES.
``After the date of enactment of this section, any
department or agency of the Federal government, to which a
historic light station is conveyed, shall maintain the
historic light station in accordance with this Act, the
Secretary's Standards for the Treatment of Historic
Properties, and other applicable laws.''.
(d) Funding.--There are hereby authorized to be
appropriated to the Secretary of the Interior such sums as
may be necessary to carry out this section.
SEC. 403. THOMAS COLE NATIONAL HISTORIC SITE, NEW YORK.
(a) Definitions.--As used in this section:
(1) The term ``historic site'' means the Thomas Cole
National Historic Site established by subsection (c).
(2) The term ``Hudson River artists'' means artists who
were associated with the Hudson River school of landscape
painting.
(3) The term ``plan'' means the general management plan
developed pursuant to subsection (e)(4).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Society'' means the Greene County Historical
Society of Greene County, New York, which owns the Thomas
Cole home, studio, and other property comprising the historic
site.
(b) Findings and Purposes.--
(1) Findings.--Congress finds the following:
(A) The Hudson River school of landscape painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated
the landscape and wilderness of America, particularly in the
Hudson River Valley region in the State of New York.
(B) Thomas Cole is recognized as America's most prominent
landscape and allegorical painter of the mid-19th century.
(C) Located in Greene County, New York, the Thomas Cole
House, also known as Thomas Cole's Cedar Grove, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(D) Within a 15 mile radius of the Thomas Cole House, an
area that forms a key part of the rich cultural and natural
heritage of the Hudson River Valley region, significant
landscapes and scenes painted by Thomas Cole and other Hudson
River artists, such as Frederic Church, survive intact.
(E) The State of New York has established the Hudson River
Valley Greenway to promote the preservation, public use, and
enjoyment of the natural and cultural resources of the Hudson
River Valley region.
(F) Establishment of the Thomas Cole National Historic Site
will provide opportunities for the illustration and
interpretation of cultural themes of the heritage of the
United States and unique opportunities for education, public
use, and enjoyment.
(2) Purposes.--The purposes of this section are--
(A) to preserve and interpret the home and studio of Thomas
Cole for the benefit, inspiration, and education of the
people of the United States;
(B) to help maintain the integrity of the setting in the
Hudson River Valley region that inspired artistic expression;
(C) to coordinate the interpretive, preservation, and
recreational efforts of Federal, State, and other entities in
the Hudson Valley region in order to enhance opportunities
for education, public use, and enjoyment; and
(D) to broaden understanding of the Hudson River Valley
region and its role in American history and culture.
(c) Establishment of Thomas Cole National Historic Site.--
(1) Establishment.--There is established, as an affiliated
area of the National Park System, the Thomas Cole National
Historic Site in the State of New York.
(2) Description.--The historic site shall consist of the
home and studio of Thomas Cole, comprising approximately 3.4
acres, located at 218 Spring Street, in the village of
Catskill, New York, as generally depicted on the boundary map
numbered TCH/80002, and dated March 1992.
(d) Retention of Ownership And Management of Historic Site
By Greene County Historical Society.--The Greene County
Historical Society of Greene County, New York, shall continue
to own, manage, and operate the historic site.
(e) Administration of Historic Site.--
(1) Applicability of national park system laws.--The
historic site shall be administered by the Society in a
manner consistent with this Act and all laws generally
applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly
known as the National Park Service Organic Act), and the Act
of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as
the Historic Sites, Buildings, and Antiquities Act).
(2) Cooperative agreements.--
(A) Assistance to society.--The Secretary may enter into
cooperative agreements with the Society to preserve the
Thomas Cole House and other structures in the historic site
and to assist with education programs and research and
interpretation of the Thomas Cole House and associated
landscapes.
(B) Other assistance.--To further the purposes of this
section, the Secretary may enter into cooperative agreements
with the State of New York, the Society, the Thomas Cole
Foundation, and other public and private entities to
facilitate public understanding and enjoyment of the lives
and works of
[[Page H9554]]
the Hudson River artists through the provision of assistance
to develop, present, and fund art exhibits, resident artist
programs, and other appropriate activities related to the
preservation, interpretation, and use of the historic site.
(3) Artifacts and property.--
(A) Personal property generally.--The Secretary may acquire
personal property associated with, and appropriate for, the
interpretation of the historic site.
(B) Works of art.--The Secretary may acquire works of art
associated with Thomas Cole and other Hudson River artists
for the purpose of display at the historic site.
(4) General management plan.--Within two complete fiscal
years after the date of the enactment of this Act, the
Secretary shall develop a general management plan for the
historic site with the cooperation of the Society. Upon the
completion of the plan, the Secretary shall provide a copy of
the plan to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The plan shall include
recommendations for regional wayside exhibits, to be carried
out through cooperative agreements with the State of New York
and other public and private entitles. The plan shall be
prepared in accordance with section 12(b) of Public Law 91-
383 (16 U.S.C. 1a-1 et seq.; commonly known as the National
Park System General Authorities Act).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 404. ADDITION OF THE PAOLI BATTLEFIELD TO THE VALLEY
FORGE NATIONAL HISTORICAL PARK.
(a) Boundary Modification.--Section 2(a) of the Act of July
4, 1976 (Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-1),
is amended by adding the following after the first sentence
thereof: ``The park shall also include the Paoli Battlefield,
located in the Borough of Malvern, Pennsylvania, as depicted
on the map numbered 001 and dated July 24, 1996 (hereinafter
in this Act referred to as the `Paoli Battlefield
Addition').''
(b) Acquisition of Lands.--Section 4(a) of the Act of July
4, 1976 (Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-3),
is amended by adding the following before the period at the
end thereof: ``, except that there is authorized to be
appropriated an additional amount of not more than $2,500,000
for the acquisition of property within the Paoli Battlefield
Addition if non-Federal monies in the amount of not less than
$1,000,000 are available for the acquisition (and subsequent
donation to the National Park Service) of such property''.
(c) Cooperative Management.--Section 3 of the Act of July
4, 1976 (Public Law 94-337; 90 Stat. 796; 16 U.S.C. 410aa-2),
is amended by adding the following at the end thereof: ``The
Secretary may enter into a cooperative agreement with the
Borough of Malvern for the management by the Borough of the
Paoli Battlefield Addition.''.
SEC. 405. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA.
(a) Findings.--The Congress finds and declares that--
(1) the Casa Malpais National Historic Landmark was
occupied by one of the largest and most sophisticated
Mogollon communities in the United States;
(2) the landmark includes a 58-room masonry pueblo,
including stairways, Great Kiva complex, and fortification
walls, a prehistoric trail, and catacomb chambers where the
deceased were placed;
(3) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1964; and
(4) the State of Arizona and the community of Springerville
are undertaking a program of interpretation and preservation
of the landmark.
(b) Purpose.--It is the purpose of this section to assist
in the preservation and interpretation of the Casa Malpais
National Historic Landmark for the benefit of the public.
(c) Cooperative Agreements.--
(1) In general.--In furtherance of the purpose of this
section, the Secretary of the Interior is authorized to enter
into cooperative agreements with the State of Arizona and the
town of Springerville, Arizona, pursuant to which the
Secretary may provide technical assistance to interpret,
operate, and maintain the Casa Malpais National Historic
Landmark and may also provide financial assistance for
planning, staff training, and development of the Casa Malpais
National Historic Landmark, but not including other routine
operations.
(2) Additional provisions.--Any such agreement may also
contain provisions that--
(A) the Secretary, acting through the Director of the
National Park Service, shall have right to access at all
reasonable times to all public portions of the property
covered by such agreement for the purpose of interpreting the
landmark; and
(B) no changes or alterations shall be made in the landmark
except by mutual agreement between the Secretary and the
other parties to all such agreements.
(d) Appropriations.--There are authorized to be
appropriated such sums as may be necessary to provide
financial assistance in accordance with this section.
SEC. 406. LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE,
NEW YORK.
(a) Findings.--Congress finds that--
(1) immigration, and the resulting diversity of cultural
influences, is a key factor in defining American identity;
the majority of United States citizens trace their ancestry
to persons born in nations other than the United States;
(2) the latter part of the 19th century and the early part
of the 20th century marked a period in which the volume of
immigrants coming to the United States far exceeded that of
any time prior to or since that period;
(3) no single identifiable neighborhood in the United
States absorbed a comparable number of immigrants than the
Lower East Side neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in
New York City is an outstanding survivor of the vast number
of humble buildings that housed immigrants to New York City
during the greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long
associated with the immigrant experience in the United
States, New York's Lower East Side, and its importance to
United States history; and
(7) the National Park Service found the Lower East Side
Tenement at 97 Orchard Street to be nationally significant;
the Secretary of the Interior declared it a National Historic
Landmark on April 19, 1994, and the National Park Service
through a special resource study found the Lower East Side
Tenement suitable and feasible for inclusion in the National
Park System.
(b) Purposes.--The purposes of this section are--
(1) to ensure the preservation, maintenance, and
interpretation of this site and to interpret at the site the
themes of immigration, tenement life in the later half of the
19th century and the first half of the 20th century, the
housing reform movement, and tenement architecture in the
United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York
City's Lower East Side and its role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton,
Ellis Island, and Statue of Liberty National Monuments.
(c) Definitions.--As used in this section:
(1) Historic site.--The term ``historic site'' means the
Lower East Side Tenement at 97 Orchard Street on Manhattan
Island in New York City, New York, and designated as a
national historic site by subsection (d)(1).
(2) Lower East Side Tenement Museum.--The term ``Lower East
Side Tenement Museum'' means the Lower East Side Tenement
Museum, a nonprofit organization established in New York
City, which owns and operates the tenement building at 97
Orchard Street and manages other properties in the vicinity
of 97 Orchard Street as administrative and program support
facilities for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Establishment of Historic Site.--
(1) Designation.--To further the purposes of this section
and the Act entitled ``An Act to provide for the preservation
of historic American sites, buildings, objects, and
antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.),
the Lower East Side Tenement at 97 Orchard Street, in the
City of New York, State of New York, is designated a national
historic site to be known as ``Lower East Side Tenement
National Historic Site''.
(2) Status as affiliated site.--The Lower East Side
Tenement National Historic Site shall be an affiliated site
of the National Park System. The Secretary shall coordinate
the operation and interpretation of the historic site with
that of the Lower East Side Tenement Historic Site and the
Statue of Liberty, Ellis Island, and Castle Clinton National
Monument, as the historic site's story and interpretation of
the immigrant experience in the United States is directly
related to the themes and purposes of these national
monuments.
(3) Ownership and operation.--The Lower East Side Tenement
National Historic Site shall continue to be owned, operated,
and managed by the Lower East Side Tenement Museum.
(e) Management of Historic Site.--
(1) Cooperative agreement.--The Secretary is authorized to
enter into a cooperative agreement with the Lower East Side
Tenement Museum to ensure the marking, interpretation, and
preservation of the historic site.
(2) Assistance.--The Secretary is authorized to provide
technical and financial assistance to the Lower East Side
Tenement Museum to mark, interpret, and preserve the historic
site, including the making of preservation-related capital
improvements and repairs.
(3) Management plan.--The Secretary shall, working with the
Lower East Side Tenement Museum, develop a general management
plan for the historic site to define the National Park
Service's roles and responsibilities with regard to the
interpretation and the preservation of the historic site. The
plan shall also outline how interpretation and programming
for the Lower East Side Tenement National Historic Site and
the Statue of Liberty, Ellis Island, and Castle Clinton
national monuments will be integrated and coordinated so as
to enhance the
[[Page H9555]]
stories at each of the 4 sites. Such plan shall be completed
within 2 years after the enactment of this Act.
(4) Savings clause.--Nothing in this section authorizes the
Secretary to acquire the property at 97 Orchard Street or to
assume overall financial responsibility for the operation,
maintenance, or management of the Lower East Side Tenement
National Historic Site.
(f) Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this
section.
SEC. 407. GATEWAY VISITOR CENTER AUTHORIZATION, INDEPENDENCE
NATIONAL HISTORICAL PARK.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The National Park Service completed and approved in
1997 a general management plan for Independence National
Historical Park that establishes goals and priorities for the
park's future.
(B) The general management plan for Independence National
Historical Park calls for the revitalization of Independence
Mall and recommends as a critical component of the
Independence Mall's revitalization the development of a new
``Gateway Visitor Center''.
(C) Such a visitor center would replace the existing park
visitor center and would serve as an orientation center for
visitors to the park and to city and regional attractions.
(D) Subsequent to the completion of the general management
plan, the National Park Service undertook and completed a
design project and master plan for Independence Mall which
includes the Gateway Visitor Center.
(E) Plans for the Gateway Visitor Center call for it to be
developed and managed, in cooperation with the Secretary of
the Interior, by a nonprofit organization which represents
the various public and civic interests of the greater
Philadelphia metropolitan area.
(F) The Gateway Visitor Center Corporation, a nonprofit
organization, has been established to raise funds for and
cooperate in a program to design, develop, construct, and
operate the proposed Gateway Visitor Center.
(2) Purpose.--The purpose of this section is to authorize
the Secretary of the Interior to enter into a cooperative
agreement with the Gateway Visitor Center Corporation to
construct and operate a regional visitor center on
Independence Mall.
(b) Gateway Visitor Center Authorization.--
(1) Agreement.--The Secretary of the Interior, in
administering the Independence National Historical Park, may
enter into an agreement under appropriate terms and
conditions with the Gateway Visitor Center Corporation (a
nonprofit corporation established under the laws of the State
of Pennsylvania) to facilitate the construction and operation
of a regional Gateway Visitor Center on Independence Mall.
(2) Operations of center.--The Agreement shall authorize
the Corporation to operate the Center in cooperation with the
Secretary and to provide at the Center information,
interpretation, facilities, and services to visitors to
Independence National Historical Park, its surrounding
historic sites, the city of Philadelphia, and the region, in
order to assist in their enjoyment of the historic, cultural,
educational, and recreational resources of the greater
Philadelphia area.
(3) Management-related activities.--The Agreement shall
authorize the Secretary to undertake at the Center activities
related to the management of Independence National Historical
Park, including, but not limited to, provision of appropriate
visitor information and interpretive facilities and programs
related to Independence National Historical Park.
(4) Activities of corporation.--The Agreement shall
authorize the Corporation, acting as a private nonprofit
organization, to engage in activities appropriate for
operation of a regional visitor center that may include, but
are not limited to, charging fees, conducting events, and
selling merchandise, tickets, and food to visitors to the
Center.
(5) Use of revenues.--Revenues from activities engaged in
by the Corporation shall be used for the operation and
administration of the Center.
(6) Protection of park.--Nothing in this section authorizes
the Secretary or the Corporation to take any actions in
derogation of the preservation and protection of the values
and resources of Independence National Historical Park.
(7) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means an agreement
under this section between the Secretary and the Corporation.
(B) Center.--The term ``Center'' means a Gateway Visitor
Center constructed and operated in accordance with the
Agreement.
(C) Corporation.--The term ``Corporation'' means the
Gateway Visitor Center Corporation (a nonprofit corporation
established under the laws of the State of Pennsylvania).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 408. TUSKEGEE AIRMEN NATIONAL HISTORIC SITE, ALABAMA.
(a) Definitions.--As used in this section:
(1) Historic site.--The term ``historic site'' means the
Tuskegee Airmen National Historic Site as established by
subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tuskegee airmen.--The term ``Tuskegee Airmen'' means
the thousands of men and women who were trained at Tuskegee
University's Moton Field to serve in America's African-
American Air Force units during World War II and those men
and women who participate in the Tuskegee Experience today,
who are represented by Tuskegee Airmen, Inc.
(4) Tuskegee university.--The term ``Tuskegee University''
means the institution of higher education by that name
located in the State of Alabama and founded by Booker T.
Washington in 1881, formerly named Tuskegee Institute.
(b) Findings.--The Congress finds the following:
(1) The struggle of African-Americans for greater roles in
North American military conflicts spans the 17th, 18th, 19th,
and 20th centuries. Opportunities for African-American
participation in the United States military were always very
limited and controversial. Quotas, exclusion, and racial
discrimination were based on the prevailing attitude in the
United States, particularly on the part of the United States
military, that African-Americans did not possess the
intellectual capacity, aptitude, and skills to be successful
fighters.
(2) As late as the 1940's these perceptions continued
within the United States military. Key leaders within the
United States Army Air Corps did not believe that African-
Americans possessed the capacity to become successful
military pilots. After succumbing to pressure exerted by
civil rights groups and the black press, the Army decided to
train a small number of African-American pilot cadets under
special conditions. Although prejudice and discrimination
against African-Americans was a national phenomenon, not just
a southern trait, it was more intense in the South where it
had hardened into rigidly enforced patterns of segregation.
Such was the environment where the military chose to locate
the training of the Tuskegee Airmen.
(3) The military selected Tuskegee Institute (now known as
Tuskegee University) as a civilian contractor for a variety
of reasons. These included the school's existing facilities,
engineering and technical instructors, and a climate with
ideal flying conditions year round. Tuskegee Institute's
strong interest in providing aeronautical training for
African-American youths was also an important factor.
Students from the school's civilian pilot training program
had some of the best test scores when compared to other
students from programs across the Southeast.
(4) In 1941 the United States Army Air Corps awarded a
contract to Tuskegee Institute to operate a primary flight
school at Moton Field. Tuskegee Institute (now known as
Tuskegee University) chose an African-American contractor who
designed and constructed Moton Field, with the assistance of
its faculty and students, as the site for its military pilot
training program. The field was named for the school's second
president, Robert Russa Moton. Consequently, Tuskegee
Institute was one of a very few American institutions (and
the only African-American institution) to own, develop, and
control facilities for military flight instruction.
(5) Moton Field, also known as the Primary Flying Field or
Airport Number 2, was the only primary flight training
facility for African-American pilot candidates in the United
States Army Air Corps during World War II. The facility
symbolizes the entrance of African-American pilots into the
United States Army Air Corps, although on the basis of a
policy of segregation that was mandated by the military and
institutionalized in the South. The facility also symbolizes
the singular role of Tuskegee Institute (Tuskegee University)
in providing leadership as well as economic and educational
resources to make that entry possible.
(6) The Tuskegee Airmen were the first African-American
soldiers to complete their training successfully and to enter
the United States Army Air Corps. Almost 1,000 aviators were
trained as America's first African-American military pilots.
In addition, more than 10,000 military and civilian African-
American men and women served as flight instructors,
officers, bombardiers, navigators, radio technicians,
mechanics, air traffic controllers, parachute riggers,
electrical and communications specialists, medical
professionals, laboratory assistants, cooks, musicians,
supply, firefighting, and transportation personnel.
(7) Although military leaders were hesitant to use the
Tuskegee Airmen in combat, the Airmen eventually saw
considerable action in North Africa and Europe. Acceptance
from United States Army Air Corps units came slowly, but
their courageous and, in many cases, heroic performance
earned them increased combat opportunities and respect.
(8) The successes of the Tuskegee Airmen proved to the
American public that African-Americans, when given the
opportunity, could become effective military leaders and
pilots. This helped pave the way for desegregation of the
military, beginning with President Harry S. Truman's
Executive Order 9981 in 1948. The Tuskegee Airmen's success
also helped set the stage for civil rights advocates to
continue the struggle to end racial discrimination during the
civil rights movement of the 1950's and 1960's.
(9) The story of the Tuskegee Airmen also reflects the
struggle of African-Americans to achieve equal rights, not
only through legal attacks on the system of segregation, but
[[Page H9556]]
also through the techniques of nonviolent direct action. The
members of the 477th Bombardment Group, who staged a
nonviolent demonstration to desegregate the officer's club at
Freeman Field, Indiana, helped set the pattern for direct
action protests popularized by civil rights activists in
later decades.
(c) Purposes.--The purposes of this section are the
following:
(1) To inspire present and future generations to strive for
excellence by understanding and appreciating the heroic
legacy of the Tuskegee Airmen, through interpretation and
education, and the preservation of cultural resources at
Moton Field, which was the site of primary flight training.
(2) To commemorate and interpret--
(A) the impact of the Tuskegee Airmen during World War II;
(B) the training process for the Tuskegee Airmen, including
the roles played by Moton Field, other training facilities,
and related sites;
(C) the African-American struggle for greater participation
in the United States Armed Forces and more significant roles
in defending their country;
(D) the significance of successes of the Tuskegee Airmen in
leading to desegregation of the United States Armed Forces
shortly after World War II; and
(E) the impacts of Tuskegee Airmen accomplishments on
subsequent civil rights advances of the 1950's and 1960's.
(3) To recognize the strategic role of Tuskegee Institute
(now Tuskegee University) in training the airmen and
commemorating them at this historic site.
(d) Establishment of the Tuskegee Airmen National Historic
Site.--In order to commemorate and interpret, in association
with Tuskegee University, the heroic actions of the Tuskegee
Airmen during World War II, there is hereby established as a
unit of the National Park System the Tuskegee Airmen National
Historic Site in the State of Alabama.
(e) Description of Historic Site.--
(1) Initial parcel.--The historic site shall consist of
approximately 44 acres, including approximately 35 acres
owned by Tuskegee University and approximately 9 acres owned
by the City of Tuskegee, known as Moton Field, in Macon
County, Alabama, as generally depicted on a map entitled
``Tuskegee Airmen National Historic Site Boundary Map'',
numbered NHS-TA-80,000, and dated September 1998. Such map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(2) Subsequent expansion.--Upon completion of agreements
regarding the development and operation of the Tuskegee
Airmen National Center as described in subsection (i), the
Secretary is authorized to acquire approximately 46
additional acres owned by Tuskegee University as generally
depicted on the map referenced in paragraph (1). Lands
acquired by the Secretary pursuant to this paragraph shall be
administered by the Secretary as part of the historic site.
(f) Property Acquisition.--The Secretary may acquire by
donation, exchange, or purchase with donated or appropriated
funds the real property described in subsection (e), except
that any property owned by the State of Alabama, any
political subdivision thereof, or Tuskegee University may be
acquired only by donation. Property donated by Tuskegee
University shall be used only for purposes consistent with
the purposes of this section. The Secretary may also acquire
by the same methods personal property associated with, and
appropriate for, the interpretation of the historic site.
(g) Administration of Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the laws
generally applicable to units of the National Park System,
including the Act of August 25, 1916 (commonly known as the
National Park Service Organic Act; 16 U.S.C. 1 et seq.), and
the Act of August 21, 1935 (commonly known as the Historic
Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et
seq.).
(2) Role of tuskegee university.--The Secretary shall
consult with Tuskegee University as its principal partner in
determining the organizational structure, developing the
ongoing interpretive themes, and establishing policies for
the wise management, use and development of the historic
site. With the agreement of Tuskegee University, the
Secretary shall engage appropriate departments, and
individual members of the University's staff, faculty, and
students in the continuing work of helping to identify,
research, explicate, interpret, and format materials for the
historic site. Through the President of the University, or
with the approval of the President of the University, the
Secretary shall seek to engage Tuskegee alumni in the task of
providing artifacts and historical information for the
historic site.
(3) Role of tuskegee airmen.--The Secretary, in cooperation
with Tuskegee University, shall work with the Tuskegee Airmen
to facilitate the acquisition of artifacts, memorabilia, and
historical research for interpretive exhibits, and to support
their efforts to raise funds for the development of visitor
facilities and programs at the historic site.
(4) Development.--Operation and development of the historic
site shall reflect Alternative C, Living History: The
Tuskegee Airmen Experience, as expressed in the final special
resource study entitled ``Moton Field/Tuskegee Airmen Special
Resource Study'', dated September 1998. Subsequent
development of the historic site shall reflect Alternative D
after an agreement is reached with Tuskegee University on the
development of the Tuskegee Airmen National Center as
described in subsection (i).
(h) Cooperative Agreements Generally.--The Secretary may
enter into cooperative agreements with Tuskegee University,
other educational institutions, the Tuskegee Airmen,
individuals, private and public organizations, and other
Federal agencies in furtherance of the purposes of this
section. The Secretary shall consult with Tuskegee University
in the formulation of any major cooperative agreements with
other universities or federal agencies that may affect
Tuskegee University's interests in the historic site. To
every extent possible, the Secretary shall seek to complete
cooperative agreements requiring the use of higher
educational institutions with and through Tuskegee
University.
(i) Tuskegee airmen national center.--
(1) Cooperative agreement for development.--The Secretary
shall enter into a cooperative agreement with Tuskegee
University to define the partnership needed to develop the
Tuskegee Airmen National Center on the grounds of the
historic site.
(2) Purpose of center.--The purpose of the Tuskegee Airmen
National Center shall be to extend the ability to relate more
fully the story of the Tuskegee Airmen at Moton Field. The
center shall provide for a Tuskegee Airmen Memorial, shall
provide large exhibit space for the display of period
aircraft and equipment used by the Tuskegee Airmen, and shall
house a Tuskegee University Department of Aviation Science.
The Secretary shall insure that interpretive programs for
visitors benefit from the University's active pilot training
instruction program, and the historical continuum of flight
training in the tradition of the Tuskegee Airmen. The
Secretary is authorized to permit the Tuskegee University
Department of Aviation Science to occupy historic buildings
within the Moton Field complex until the Tuskegee Airmen
National Center has been completed.
(3) Report.--Within 1 year after the date of the enactment
of this Act, the Secretary, in consultation with Tuskegee
University and the Tuskegee Airmen, shall prepare a report on
the partnership needed to develop the Tuskegee Airmen
National Center, and submit the report to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(4) Time for agreement.--Sixty days after the report
required by paragraph (3) is submitted to Congress, the
Secretary may enter into the cooperative agreement under this
subsection with Tuskegee University, and other interested
partners, to implement the development and operation of the
Tuskegee Airmen National Center.
(j) General Management Plan.--Within 2 complete fiscal
years after funds are first made available to carry out this
section, the Secretary shall prepare, in consultation with
Tuskegee University, a general management plan for the
historic site and shall submit the plan to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$29,114,000.
SEC. 409. LITTLE ROCK CENTRAL HIGH SCHOOL NATIONAL HISTORIC
SITE, ARKANSAS.
(a) Findings.--The Congress finds the following:
(1) The 1954 United States Supreme Court decision of Brown
v. Board of Education, which mandated an end to the
segregation of public schools, was one of the most
significant court decisions in the history of the United
States.
(2) The admission of nine African-American students, known
as the ``Little Rock Nine'', to Central High School in Little
Rock, Arkansas, as a result of the Brown decision, was the
most prominent national example of the implementation of the
Brown decision, and served as a catalyst for the integration
of other, previously segregated public schools in the United
States.
(3) 1997 marked the 70th anniversary of the construction of
Central High School, which has been named by the American
Institute of Architects as the most beautiful high school
building in America.
(4) Central High School was included on the National
Register of Historic Places in 1977 and designated by the
Secretary of the Interior as a National Historic Landmark in
1982 in recognition of its national significance in the
development of the civil rights movement in the United
States.
(5) The designation of Little Rock Central High School as a
unit of the National Park System will recognize the
significant role the school played in the desegregation of
public schools in the South and will interpret for future
generations the events associated with early desegregation of
southern schools.
(b) Purpose.--The purpose of this section is to preserve,
protect, and interpret for the benefit, education, and
inspiration of present and future generations, Central High
School in Little Rock, Arkansas, and its role in the
integration of public schools and the development of the
civil rights movement in the United States.
(c) Establishment as National Historic Site.--The Little
Rock Central High School
[[Page H9557]]
National Historic Site in the State of Arkansas (referred to
in this section as the ``historic site'') is hereby
established as a unit of the National Park System. The
historic site shall consist of lands and interests therein
comprising the Central High School campus and adjacent
properties in Little Rock, Arkansas, as generally depicted on
a map entitled ``Proposed Little Rock Central High School
National Historic Site'', numbered LIRO-20,000, and dated
July 1998. Such map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(d) Administration of Historic Site.--The Secretary of the
Interior (referred to in this section as the ``Secretary'')
shall administer the historic site in accordance with this
section. Only those lands under the direct jurisdiction of
the Secretary shall be administered in accordance with the
provisions of law generally applicable to units of the
National Park System, including the Act of August 25, 1916
(16 U.S.C. 1 et seq.; commonly known as the National Park
Service Organic Act), and the Act of August 21, 1935 (16
U.S.C. 461 et seq.; commonly known as the Historic Sites,
Buildings, and Antiquities Act). Nothing in this section
shall affect the authority of the Little Rock School District
to administer Little Rock Central High School nor shall this
section affect the authorities of the City of Little Rock in
the neighborhood surrounding the school.
(e) Cooperative Agreements.--
(1) Authority.--The Secretary may enter into cooperative
agreements with appropriate public and private agencies,
organizations, and institutions (including, but not limited
to, the State of Arkansas, the City of Little Rock, the
Little Rock School District, Central High Museum, Inc.,
Central High Neighborhood, Inc., or the University of
Arkansas) in furtherance of the purposes of this section.
(2) Coordination.--The Secretary shall coordinate visitor
interpretation of the historic site with the Little Rock
School District and the Central High School Museum, Inc.
(f) General Management Plan.--Within three years after the
date funds are made available, the Secretary shall prepare a
general management plan for the historic site. The plan shall
be prepared in consultation and coordination with the Little
Rock School District, the City of Little Rock, Central High
Museum, Inc., and with other appropriate organizations and
agencies. The plan shall identify specific roles and
responsibilities for the National Park Service in
administering the historic site, and shall identify lands or
property, if any, that might be necessary for the National
Park Service to acquire in order to carry out its
responsibilities. The plan shall also identify the roles and
responsibilities of other entities in administering the
historic site and its programs. The plan shall include a
management framework that ensures the administration of the
historic site does not interfere with the continuing use of
Central High School as an educational institution.
(g) Acquisition of Property.--
(1) Method of acquisition.--Subject to paragraph (2), the
Secretary is authorized to acquire, by purchase with donated
or appropriated funds, by exchange, or by donation, the lands
and interests therein located within the boundaries of the
historic site.
(2) Conditions.--The Secretary may acquire lands or
interests therein under paragraph (1) only with the consent
of the owner thereof. Lands or interests therein owned by the
State of Arkansas or a political subdivision thereof may be
acquired under paragraph (1) only by donation or exchange.
(h) Desegregation in Public Education Theme Study.--
(1) Theme study.--Within two years after the date funds are
made available, the Secretary shall prepare and transmit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives a National Historic Landmark Theme Study
(referred to in this subsection as the ``theme study'') on
the history of desegregation in public education. The purpose
of the theme study shall be to identify sites, districts,
buildings, structures, and landscapes that best illustrate or
commemorate key events or decisions in the historical
movement to provide for racial desegregation in public
education. On the basis of the theme study, the Secretary
shall identify possible new national historic landmarks
appropriate to this theme and prepare a list in order of
importance or merit of the most appropriate sites for
national historic landmark designation.
(2) Opportunities for education and research.--The theme
study shall identify appropriate means to establish linkages
between sites identified in paragraph (1) and between those
sites and the historic site and with other existing units of
the National Park System to maximize opportunities for public
education and scholarly research on desegregation in public
education. The theme study also shall recommend opportunities
for cooperative arrangements with State and local
governments, educational institutions, local historical
organizations, and other appropriate entities to preserve and
interpret key sites in the history of desegregation in public
education.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with one or more educational
institutions, public history organizations, or civil rights
organizations knowledgeable about desegregation in public
education to prepare the theme study and to ensure that the
theme study meets scholarly standards.
(4) Theme study coordination with general management
plan.--The theme study shall be prepared as part of the
preparation and development of the general management plan
for the historic site.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 410. WEIR FARM NATIONAL HISTORIC SITE, CONNECTICUT.
(a) Acquisition of Land for Visitor and Administrative
Facilities.--Section 4 of the Weir Farm National Historic
Site Establishment Act of 1990 (Public Law 101-485; 104 Stat.
1171; 16 U.S.C. 461 note) is amended by adding at the end the
following new subsection:
``(d) Acquisition of Land for Visitor and Administrative
Facilities; Limitations.--(1) In order to preserve and
maintain the historic setting and character of the historic
site, the Secretary may acquire not more than 15 additional
acres for the development of visitor and administrative
facilities for the historic site. The property acquired under
the authority of this paragraph may be contiguous or in close
proximity to the parcels described in subsection (b). The
acquired property shall be included within the boundaries of
the historic site and shall be operated and maintained as
part of the historic site.
``(2) The Secretary shall keep development of the property
acquired under paragraph (1) to a minimum so that the
character of the acquired property is similar to the natural
and undeveloped landscape of the parcels described in
subsection (b). Any parking area for the resulting visitor
and administrative facilities shall not exceed 30 spaces.
Items sold in the visitor facilities shall be limited to
educational and interpretive materials related to the purpose
of the historic site and shall not include food.
``(3) Prior to and as a prerequisite to any development of
visitor and administrative facilities on the property
acquired under paragraph (1), the Secretary shall enter into
one or more agreements with the appropriate zoning authority
of the town of Ridgefield and the town of Wilton for the
purposes of--
``(A) developing the parking, visitor, and administrative
facilities for the historic site; and
``(B) managing bus traffic to the historic site, which will
include limiting parking for large tour buses to an offsite
location.''.
(b) Increase in Maximum Acquisition Authority.--Section 7
of such Act (104 Stat. 1173) is amended by striking
``$1,500,000'' and inserting ``$4,000,000''.
SEC. 411. KATE MULLANY NATIONAL HISTORIC SITE, NEW YORK.
(a) Definitions.--As used in this section:
(1) The term ``historic site'' means the Kate Mullany
National Historic Site established by subsection (d).
(2) The term ``plan'' means the general management plan
developed pursuant to subsection (h).
(3) The term ``Secretary'' means the Secretary of the
Interior.
(b) Findings.--Congress finds the following:
(1) The Kate Mullany House in Troy, New York, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(2) The National Historic Landmark Theme Study on American
Labor History concluded that the Kate Mullany House appears
to meet the criteria of national significance, suitability,
and feasibility for inclusion in the National Park System.
(3) The city of Troy, New York--
(A) played an important role in the development of the
collar and cuff industry and the iron industry in the 19th
century, and in the development of early men's and women's
worker and cooperative organizations; and
(B) was the home of the first women's labor union, led by
Irish immigrant Kate Mullany.
(4) The city of Troy, New York, with 6 neighboring cities,
towns, and villages, entered into a cooperative arrangement
to create the Hudson-Mohawk Urban Cultural Park Commission to
manage their valuable historic resources and the area within
these municipalities has been designated by the State of New
York as a heritage area to represent industrial development
and labor themes in the State's development.
(5) This area, known as the Hudson-Mohawk Urban Cultural
Park or RiverSpark, has been a pioneer in the development of
partnership parks where intergovernmental and public and
private partnerships bring abut the conservation of our
heritage and the attainment of goals for preservation,
education, recreation, and economic development.
(6) Establishment of the Kate Mullany National Historic
Site and cooperative efforts between the National Park
Service and the Hudson-Mohawk Urban Cultural Park Commission
will provide opportunities for the illustration and
interpretation of important themes of the heritage of the
United States, and will provide unique opportunities for
education, public use, and enjoyment.
(c) Purposes.--The purposes of this section are--
(1) to preserve and interpret the nationally significant
home of Kate Mullany for the benefit, inspiration, and
education of the people of the United States; and
(2) to interpret the connection between immigration and the
industrialization of the
[[Page H9558]]
Nation, including the history of Irish immigration, women's
history, and worker history.
(d) Establishment of Historic Site.--There is established,
as a unit of the National Park System, the Kate Mullany
National Historic Site in the State of New York. The historic
site shall consist of the home of Kate Mullany, comprising
approximately .05739 acre, located at 350 Eighth Street in
Troy, New York, as generally depicted on the map entitled
``Kate Mullany House, Troy, New York'', numbered 101.23, and
dated December 10, 1976 (as revised September 16, 1997).
(e) Acquisition of Property.--
(1) Real property.--The Secretary may acquire lands and
interests therein within the boundaries of the historic site
and ancillary real property for parking or interpretation, as
necessary and appropriate for management of the historic
site. Such acquisitions may be by donation, purchase from
willing sellers with donated or appropriated funds, or
exchange.
(2) Personal property.--The Secretary may acquire personal
property associated with, and appropriate for, the
interpretation of the historic site using the methods
provided in paragraph (1).
(f) Administration of Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and all laws
generally applicable to units of the National Park System,
including the Act of August 25, 1916 (16 U.S.C. 1 et seq.;
commonly known as the National Park Service Organic Act), and
the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly
known as the Historic Sites, Buildings, and Antiquities Act).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may consult with and enter into
cooperative agreements with the State of New York and the
Hudson-Mohawk Urban Cultural Park Commission, and other
public and private entities to facilitate public
understanding and enjoyment of the life and work of Kate
Mullany through the development, presentation, and funding of
exhibits and other appropriate activities related to the
preservation, interpretation, and use of the historic site
and related historic resources.
(g) Exhibits.--The Secretary may display, and accept for
the purposes of display, items associated with Kate Mullany,
as may be necessary for the interpretation of the historic
site.
(h) General Management Plan.--Not later than two complete
fiscal years after the date of the enactment of this Act, the
Secretary shall develop a general management plan for the
historic site. Upon its completion, the Secretary shall
submit the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives. The plan shall include
recommendations for regional wayside exhibits, to be carried
out through cooperative agreements with the State of New York
and other public and private entitles. The plan shall be
prepared in accordance with section 12(b) of Public Law 91-
383 (16 U.S.C. 1a-1 et seq.; commonly known as the National
Park System General Authorities Act).
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 412. ROUTE 66 NATIONAL HISTORIC HIGHWAY.
(a) Definitions.--In this section:
(1) Route 66.--The term ``Route 66'' means--
(A) portions of the highway formerly designated as United
States Route 66 that remain in existence as of the date of
enactment of this Act;
(B) public lands in the immediate vicinity of the highway;
and
(C) private lands in the immediate vicinity of the highway
owned by persons who are willing to participate in the
programs authorized by this section.
(2) Cultural resource programs.--The term ``Cultural
Resource Programs'' means the programs established and
administered by the National Park Service for the benefit of
and in support of cultural resources related to Route 66,
either directly or indirectly.
(3) Preservation of route 66.--The term ``preservation of
Route 66'' means the preservation or restoration of portions
of the highway, businesses and sites of interest and other
contributing resources along the highway commemorating Route
66 during its period of outstanding historic significance
(principally between 1933 and 1970), as defined by the July
1995 National Park Service ``Special Resource Study of Route
66''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Cultural Resource
Programs at the National Park Service.
(5) State.--The term ``State'' means a State in which a
portion of Route 66 is located.
(b) Designation of Historic Highway.--Route 66 is
designated as ``Route 66 National Historic Highway''.
(c) General Management.--The Secretary, in collaboration
with the entities described in subsection (d), shall
facilitate the development of guidelines and a program of
technical assistance and grants that will set priorities for
the preservation of Route 66. The Secretary shall designate
officials of the National Park Service stationed at locations
convenient to the States to perform the functions of the
Cultural Resource Programs under this section.
(d) General Functions.--The Secretary shall--
(1) support efforts of State and local public and private
persons, nonprofit Route 66 preservation entities, Indian
Tribes, State Historic Preservation Offices, and entities in
the States to preserve Route 66 by providing technical
assistance, participating in cost-sharing programs, and
making grants;
(2) act as a clearinghouse for communication among Federal,
State, and local agencies, nonprofit Route 66 preservation
entities, Indian Tribes, State historic Preservation Offices,
and private persons and entities interested in the
preservation of Route 66; and
(3) assist the States in determining the appropriate form
of and establishing and supporting a non-Federal entity or
entities to perform the functions of the Cultural Resource
Programs after those programs are terminated.
(e) Other Authorities.--In carrying out this section, the
Secretary may--
(1) collaborate with the Secretary of Transportation to--
(A) address transportation factors that may conflict with
preservation efforts in such a way as to ensure ongoing
preservation, interpretation and management of Route 66
National Historic Highway; and
(B) take advantage, to the maximum extent possible, of
existing programs, such as the Scenic Byways program under
section 162 of title 23, United States Code.
(2) enter into cooperative agreements, including, but not
limited to study, planning, preservation, rehabilitation and
restoration;
(3) accept donations;
(4) provide cost-share grants and information;
(5) provide technical assistance in historic preservation;
and
(6) conduct research.
(f) Road Signs.--The Secretary may sponsor a road sign
program on Route 66 to be implemented on a cost-sharing basis
with State and local organizations.
(g) Preservation Assistance.--
(1) In general.--The Secretary shall provide assistance in
the preservation of Route 66 in a manner that is compatible
with the idiosyncratic nature of the highway.
(2) Planning.--The Secretary shall not prepare or require
preparation of an overall management plan for Route 66, but
shall cooperate with the States and local public and private
persons and entities, State Historic Preservation Offices,
nonprofit Route 66 preservation entities, and Indian Tribes
in developing local preservation plans to guide efforts to
protect the most important or representative resources of
Route 66.
(h) Technical Assistance Program.--
(1) In general.--The Secretary shall develop a program of
technical assistance in the preservation of Route 66.
(2) Guidelines for preservation needs.--
(A) In general.--As part of the program under paragraph
(1), the Secretary shall establish guidelines for setting
priorities for preservation needs.
(B) Basis.--The guidelines under subparagraph (A) may be
based on national register standards, modified as appropriate
to meet the needs of Route 66 so as to allow for the
preservation of Route 66.
(i) Program for Coordination of Activities.--
(1) In general.--The Secretary shall coordinate a program
of historic research, curation, preservation strategies, and
the collection of oral and video histories of Route 66.
(2) Design.--The program under paragraph (1) shall be
designed for continuing use and implementation by other
organizations after the Cultural Resource Programs are
terminated.
(j) Grants.--The Secretary shall--
(1) make cost-share grants for preservation of Route 66
available for resources that meet the guidelines under
subsection (h); and
(2) provide information about existing cost-share
opportunities.
(k) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for the period of fiscal years
2000 through 2009 to carry out the purposes of this section.
SEC. 413. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AT
VALLEY FORGE NATIONAL HISTORICAL PARK,
PENNSYLVANIA.
The Act of July 4, 1976 (Public Law 94-337; 90 Stat. 796;
16 U.S.C. 410aa et seq.), is amended by adding at the end the
following new section:
``SEC. 5. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION.
``(a) Museum Authorized.--In administering the park, the
Secretary may enter into an agreement pursuant to this
section with the Valley Forge Historical Society (hereinafter
referred to as the `Society') to facilitate the planning,
construction, and operation of a museum on Federal land
within the boundaries of the park to be known as the `Valley
Forge Museum of the American Revolution'.
``(b) Purpose of Museum.--
``(1) Activities of society.--The agreement shall authorize
the Society to construct and operate the museum in
cooperation with the Secretary and to provide at the museum
programs and services to visitors to the park related to the
story of Valley Forge and the American Revolution. The
Society, acting as a private nonprofit organization, may
engage in activities appropriate for operation of the museum,
including charging
[[Page H9559]]
fees, conducting events, and selling merchandise, tickets,
and food to visitors to the museum.
``(2) Activities of secretary.--The agreement shall
authorize the Secretary to undertake at the museum activities
related to the management of the park, including the
provision of appropriate visitor information and interpretive
facilities and programs related to the park.
``(c) Use of Revenues.--The agreement shall require that
revenues derived by the Society from the museum's facilities
and services be used to offset the expenses of the museum's
operation and maintenance.
``(d) Term of Occupancy.--The agreement shall authorize the
Society to occupy any structure constructed pursuant to the
agreement for such a term as the parties may specify in the
agreement.
``(e) Conditions.--The agreement shall be subject to the
following terms and conditions:
``(1) The conveyance by the Society to the United States of
all right, title, and interest in any structure constructed
at the park pursuant to the agreement.
``(2) The authority of the Society to occupy and use any
such structure shall be for the exhibition, preservation, and
interpretation of artifacts associated with the Valley Forge
story and the American Revolution to enhance the visitor
experience to the park and to conduct appropriately related
activities of the Society consistent with its mission. Such
authority shall not be transferred or conveyed without the
express consent of the Secretary.
(3) Such other terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States.
``(f) Relation to Other Park Values.--Nothing in this
section shall authorize the Secretary or the Society to take
any actions in derogation of the preservation and protection
of the values and resources of the park.''.
TITLE V--SAN RAFAEL SWELL
SEC. 501. SHORT TITLE.
This title may be cited as the ``San Rafael Swell National
Heritage and Conservation Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) Advisory council.--The term ``Advisory Council'' means
the San Rafael Swell National Conservation Area Advisory
Council established under section 525.
(2) Conservation area.--The term ``conservation area''
means the San Rafael Swell National Conservation Area
established by section 522.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) National heritage area.--The term ``national heritage
area'' means the San Rafael Swell National Heritage Area
established by section 513.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Semi-primitive area.--The term ``semi-primitive area''
means any area designated as a semi-primitive nonmotorized
use area under section 542.
Subtitle A--San Rafael Swell National Heritage Area
SEC. 511. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This subtitle may be cited as the ``San
Rafael Swell National Heritage Area Act''.
(b) Findings.--Congress finds the following:
(1) The history of the American West is one of the most
significant chapters of United States history, and the major
themes and images of the history of the American West provide
a legacy that has done much to shape the contemporary
culture, attitudes, and values of the American West and the
United States.
(2) The San Rafael Swell region of the State of Utah was
one of the country's last frontiers and possesses important
historical, cultural, and natural resources that are
representative of the central themes associated with the
history of the American West, including themes of pre-
Columbian and Native American culture, exploration,
pioneering, settlement, ranching, outlaws, prospecting and
mining, water development and irrigation, railroad building,
industrial development, and the utilization and conservation
of natural resources.
(3) The San Rafael Swell region contains important
historical sites, including sections of the Old Spanish
Trail, the Outlaw Trail, the Green River Crossing, and
numerous sites associated with cowboy, pioneer, and mining
history.
(4) The heritage of the San Rafael Swell region includes
the activities of many prominent historical figures of the
old American West, such as Chief Walker, John Wesley Powell,
Kit Carson, John C. Fremont, John W. Gunnison, Butch Cassidy,
John W. Taylor, and the Swasey brothers.
(5) The San Rafael Swell region has a notable history of
coal and uranium mining, and a rich cultural heritage of
activities associated with mining, such as prospecting,
railroad building, immigrant workers, coal camps, labor union
movements, and mining disasters.
(6) The San Rafael Swell region is widely recognized for
its significant paleontological resources and dinosaur bone
quarries, including the Cleveland Lloyd Dinosaur Quarry which
was designated as a National Natural Landmark in 1966.
(7) The beautiful rural landscapes, historic and cultural
landscapes, and spectacular scenic vistas of the San Rafael
Swell region contain significant undeveloped recreational
opportunities for people throughout the United States.
(8) Museums and visitor centers have already been
constructed in the San Rafael Swell region, including the
John Wesley Powell River History Museum, the College of
Eastern Utah Prehistoric Museum, the Museum of the San
Rafael, the Western Mining and Railroad Museum, the Emery
County Pioneer Museum, and the Cleveland Lloyd Dinosaur
Quarry, and these museums are available to interpret the
themes of the national heritage area established by this
title and to coordinate the interpretive and preservation
activities of the area.
(9) Despite the efforts of the State of Utah, political
subdivisions of the State, volunteer organizations, and
private businesses, the cultural, historical, natural, and
recreational resources of the San Rafael Swell region have
not realized their full potential and may be lost without
assistance from the Federal Government.
(10) Many of the historical, cultural, and scientific sites
of the San Rafael Swell region are located on lands owned by
the Federal Government and are managed by the Bureau of Land
Management or the United States Forest Service.
(11) The preservation of the cultural, historical, natural,
and recreational resources of the San Rafael Swell region
within a regional framework requires cooperation among local
property owners and Federal, State, and local government
entities.
(12) Partnerships between Federal, State, and local
governments, local and regional entities of these
governments, and the private sector offer the most effective
opportunities for the enhancement and management of the
cultural, historical, natural, and recreational resources of
the San Rafael Swell region.
(c) Purposes.--The purposes of this subtitle are--
(1) to establish the San Rafael Swell National Heritage
Area to promote the preservation, conservation,
interpretation, and development of the historical, cultural,
natural, and recreational resources related to the
historical, cultural, and industrial heritage of the San
Rafael Swell region of the State of Utah, which includes the
counties of Carbon and Emery, and portions of the county of
Sanpete;
(2) to encourage within the national heritage area a broad
range of economic and recreational opportunities to enhance
the quality of life for present and future generations;
(3) to assist the State of Utah, political subdivisions of
the State and their local and regional entities, and
nonprofit organizations, or combinations thereof, in
preparing and implementing a heritage plan for the national
heritage area and in developing policies and programs that
will preserve, enhance, and interpret the cultural,
historical, natural, recreational, and scenic resources of
the heritage area; and
(4) to authorize the Secretary of the Interior to provide
financial assistance and technical assistance to support the
preparation and implementation of the heritage plan for the
national heritage area.
SEC. 512. DESIGNATION.
There is hereby designated the San Rafael Swell National
Heritage Area.
SEC. 513. DEFINITIONS.
For purposes of this subtitle:
(1) Compact.--The term ``compact'' means an agreement
described in section 515(a).
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by the Congress and
made available to the Heritage Council for the purposes of
preparing and implementing a heritage plan.
(3) Heritage area.--The term ``Heritage Area'' means the
San Rafael Swell National Heritage Area established by this
subtitle.
(4) Heritage plan.--The term ``heritage plan'' means a plan
described in section 515(b).
(5) Heritage council.--The term ``Heritage Council'' means
the entity designated in the compact for a National Heritage
Area and described in section 516(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Technical assistance.--The term ``technical
assistance'' includes--
(A) assistance by the Secretary in the preparation of any
heritage plan, compact, or resource inventory; and
(B) professional guidance provided by the Secretary.
(8) Unit of government.--The term ``unit of government''
means the government of a State, a political subdivision of a
State, or an Indian tribe.
SEC. 514. GRANTS, TECHNICAL ASSISTANCE, AND OTHER DUTIES AND
AUTHORITIES OF FEDERAL AGENCIES.
(a) Grants.--
(1) In general.--The Secretary may make grants for the
purposes of this subtitle to any unit of government or to the
Heritage Council.
(2) Permitted and prohibited uses of grants.--
(A) Permitted uses.--Grants made under this section may be
used for reports, studies, interpretive exhibits, historic
preservation projects, construction of cultural,
recreational, and interpretive facilities that are open to
the public, and such other expenditures as are consistent
with this subtitle.
[[Page H9560]]
(B) Prohibited uses.--Grants made under this section may
not be used for acquisition of real property or any interest
in real property.
(3) Applicability of restrictions to subgrants.--For
purposes of paragraph (2), any subgrant made from funds
received as a grant (or subgrant) made under this section
shall be treated as a grant made under this section.
(4) Protection of federal investment.--Any grant made under
this section shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this subtitle, as
determined by the Secretary, shall result in a right of the
United States to compensation equal to the greater of--
(A) all Federal funds made available to such project under
this subtitle; or
(B) the proportion of the increased value of the project
attributable to such funds, as determined at the time of such
conversion, use, or disposal.
(b) Technical Assistance.--The Secretary may provide
technical assistance with respect to this subtitle.
(c) Duration of Eligibility for Grants and Technical
Assistance.--The Secretary may not provide any grant, and may
provide only limited technical assistance, under this
subtitle after the expiration of the 10-year period beginning
on the date of the designation of the National Heritage Area.
(d) Disqualification for Federal Funding.--If a heritage
plan meeting the requirements of section 515(b) is not
forwarded to the Secretary as required under section
516(b)(1) within the time specified in section 516(b)(1), the
Secretary may not, after such time, provide technical
assistance or grants under this subtitle until such a
heritage plan for the National Heritage Area is developed and
forwarded to the Secretary.
(e) Other Duties and Authorities of Secretary.--
(1) Signing of compact.--The Secretary shall sign or
withhold signature on any proposed compact submitted under
this subtitle not later than 90 days after receiving the
proposed compact. If the Secretary withholds signature on the
proposed compact, the Secretary shall advise the submitter,
in writing, of the reasons. The Secretary shall sign or
withhold signature on each proposed revision to the proposed
compact not later than 90 days after receiving the proposed
revision. A submitter shall hold a public meeting in the
immediate vicinity of the proposed National Heritage Area
before making any major revisions in any proposed compact
submitted under this subtitle.
(2) Monitoring of national heritage area.--The Secretary
shall monitor the National Heritage Area. Monitoring of the
National Heritage Area shall include monitoring to ensure
compliance with the terms of the compact for the area.
(f) Duties of Federal Entities.--Any Federal entity
conducting or supporting activities within the National
Heritage Area, and any unit of government acting pursuant to
a grant of Federal funds or a Federal permit or agreement and
conducting or supporting such activities, shall, to the
maximum extent practicable--
(1) consult with the Secretary and the Heritage Council for
the National Heritage Area with respect to such activities;
and
(2) cooperate with the Secretary and the Heritage Council
in the carrying out of the duties of the Secretary and the
Heritage Council under this subtitle, and coordinate such
activities to minimize any real or potential adverse impact
on the National Heritage Area.
(g) Prohibition of Certain Requirements.--The Secretary may
not, as a condition of the award of technical assistance or
financial assistance under this section, require any
recipient of such assistance to enact or modify land use
restrictions.
SEC. 515. COMPACT AND HERITAGE PLAN.
(a) Compact.--
(1) In general.--The compact submitted under this subtitle
with respect to the National Heritage Area shall consist of
an agreement entered into by the Secretary, the Secretary of
Agriculture, and the Governor of Utah or a designee of the
Governor, in coordination with the Heritage Council. Such
agreement shall define the area, describe anticipated
programs for the area, and include information relating to
the objectives and management of the area. Such information
shall include, but need not be limited to, each of the
following:
(A) Boundaries.--A delineation of the boundaries of the
National Heritage Area. Such boundaries shall include the
land generally depicted on the map entitled San Rafael Swell
National Heritage-Conservation Area Proposed, dated June 12,
1998, which shall be on file and available for public
inspection in the office of the Director of the Bureau of
Land Management.
(B) Management entity.--An identification and description
of the Heritage Council.
(C) Non-federal participants.--A list of the initial
participants to be involved in developing and implementing
the heritage plan and a statement of the financial commitment
of those participants.
(D) Goals, objectives, and conceptual framework.--A
discussion of the goals, objectives, and cost of the National
Heritage Area, including an explanation of--
(i) the conceptual framework, proposed by the partners
referred to in subparagraph (C), for development and
implementation of the heritage plan for the National Heritage
Area; and
(ii) the costs associated with the conceptual framework.
(E) Role of state.--A description of the role of the State
of Utah.
(2) Consistency with economic viability.--The compact
submitted under this subtitle shall be consistent with
continued economic viability in the communities within the
National Heritage Area.
(3) Initiation of actions.--Actions called for in the
compact shall be initiated within a reasonable time after
designation of the National Heritage Area and shall ensure
effective implementation of the State and local aspects of
the compact.
(b) Heritage Plan.--
(1) In general.--The heritage plan forwarded to the
Secretary under this subtitle shall be a plan which sets
forth the strategy to implement the goals and objectives of
the National Heritage Area. The heritage plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of the
area;
(B) be prepared with public participation;
(C) take into consideration existing Federal, State,
county, and local plans and involve residents, private
property owners, public agencies, and private organizations
in the area;
(D) include a description of actions that units of
government and private organizations could take to protect
the resources of the area; and
(E) specify existing and potential sources of funding for
the conservation, management, and development of the area.
(2) Additional information.--The heritage plan forwarded to
the Secretary under this subtitle also shall include the
following, as appropriate:
(A) Inventory of resources.--An inventory of important
natural, cultural, or historic resources which illustrate the
themes of the National Heritage Area.
(B) Recommendations for management.--A recommendation of
policies for management of the historical, cultural, and
natural resources and the recreational and educational
opportunities of the area in a manner consistent with the
support of appropriate and compatible economic viability.
(C) Program and commitments.--A program for implementation
of the heritage plan by the Heritage Council and specific
commitments, for the first 5 years of operation of the
heritage plan, by the partners identified in the compact.
(D) Analysis of coordination.--An analysis of means by
which Federal, State, and local programs may best be
coordinated to promote the purposes of this subtitle.
(E) Interpretive plan.--An interpretive plan for the
National Heritage Area.
(3) Relationship to conservation area management plan.--The
heritage plan and the conservation area management plan shall
not be inconsistent. However, nothing in the heritage plan
may supersede the management plan for the conservation area
under section 533, with respect to the application of the
management plan to the conservation area.
SEC. 516. HERITAGE COUNCIL.
(a) In General.--The management entity for the National
Heritage Area shall be known as the ``Heritage Council''. The
Heritage Council shall be an entity that reflects a broad
cross-section of interests within the National Heritage Area
and shall include--
(1) at least 1 representative of one or more units of
government in the State of Utah;
(2) representatives of interested or affected groups; and
(3) private property owners who reside within the National
Heritage Area.
(b) Duties.--The Heritage Council shall fulfill each of the
following requirements:
(1) Heritage plan.--Not later than 3 years after the date
of the designation of the National Heritage Area, the
Heritage Council shall develop and forward to the Secretary
and to the Governor of Utah a heritage plan in accordance
with the compact under subsection (a).
(2) Priorities.--The Heritage Council shall give priority
to the implementation of actions, goals, and policies set
forth in the compact and heritage plan for the National
Heritage Area, including assisting units of government and
others in--
(A) carrying out programs which recognize important
resource values within the National Heritage Area;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive exhibits in
the area;
(D) developing recreational and educational opportunities
in the area;
(E) increasing public awareness of and appreciation for the
natural, historical, and cultural resources of the area;
(F) restoring historic buildings that are located within
the boundaries of the area and relate to the theme of the
area; and
(G) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are
put in place throughout the area.
(3) Consideration of interests of local groups.--The
Heritage Council shall, in developing and implementing the
heritage plan for the National Heritage Area, consider the
interests of diverse units of government, businesses, private
property owners, and nonprofit groups within the geographic
area.
(4) Public meetings.--The Heritage Council shall conduct
public meetings at least annually regarding the
implementation of the
[[Page H9561]]
heritage plan for the National Heritage Area. The Heritage
Council shall place a notice of each such meeting in a
newspaper of general circulation in the area and shall make
the minutes of the meeting available to the public.
SEC. 517. LACK OF EFFECT ON LAND USE REGULATION.
(a) Lack of Effect on Authority of Governments.--Nothing in
this subtitle shall be construed to modify, enlarge, or
diminish any authority of Federal, State, and local
governments to regulate any use of land as provided for by
law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing
in this subtitle shall be construed to grant powers of zoning
or land use to the management entity for the National
Heritage Area.
(c) BLM Authority.--
(1) In general.--Nothing in this subtitle shall be
construed to modify, enlarge, or diminish the authority of
the Secretary or the Bureau of Land Management with respect
to lands under the administrative jurisdiction of the Bureau.
(2) Cooperation.--In carrying out this subtitle, the
Secretary shall work cooperatively under the Federal Land
Policy and Management Act of 1976 with the Forest Service,
the Heritage Council under section 516, State and local
governments, and private entities.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for grants made and technical assistance provided under
subsections (a) and (b), respectively, of section 514, and
the administration of such grants and assistance, not more
than $1,000,000 annually, to remain available until expended.
(b) Annual Allocation for Grants.--In any fiscal year, not
less than 70 percent of the funds obligated under this
subtitle shall be used for grants made under section 514(a).
(c) Limitation on Percent of Cost.--
(1) In general.--Federal funding provided under this
subtitle, after the designation of the National Heritage
Area, for any technical assistance or grant with respect to
the area may not exceed 50 percent of the total cost of the
assistance or grant. Federal funding provided under this
subtitle with respect to an area before the designation of
the area as the National Heritage Area may not exceed an
amount proportionate to the level of local support of and
commitment to the designation of the area.
(2) Treatment of donations.--The value of property or
services donated by non-Federal sources and used for
management of the National Heritage Area shall be treated as
non-Federal funding for purposes of paragraph (1).
(d) Limitation on Total Funding.--Not more than a total of
$10,000,000 may be made available under this section with
respect to the National Heritage Area.
(e) Allocation of Appropriations.--Notwithstanding any
other provision of law, no funds appropriated or otherwise
made available to the Secretary to carry out this subtitle--
(1) may be obligated or expended by any person unless the
appropriation of such funds has been allocated in the manner
prescribed by this subtitle; or
(2) may be obligated or expended by any person in excess of
the amount prescribed by this subtitle.
Subtitle B--San Rafael Swell National Conservation Area
SEC. 521. DEFINITION OF PLAN.
In this subtitle, the term ``plan'' means the comprehensive
management plan developed for the national conservation area
under section 523, including such revisions thereto as may be
required in order to implement this subtitle.
SEC. 522. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--In order to preserve and maintain
heritage, tourism, recreational, historical, scenic,
archaeological, paleontological, biological, cultural,
scientific, educational, and economic resources, there is
hereby established the San Rafael Swell National Conservation
Area.
(b) Area Included.--The conservation area shall consist of
all public lands within the exterior boundaries of the
conservation area, comprised of approximately 630,000 acres,
as generally depicted on the map entitled ``San Rafael Swell
National Heritage/Conservation Area Proposed'', dated June
12, 1998, including areas depicted within those boundaries on
that map as ``Proposed Wilderness'', ``Proposed Bighorn Sheep
Management Area'', ``Scenic Visual Area of Critical
Environmental Concern'', and ``Semi-Primitive Non-Motorized
Use Areas''.
(c) Map and Legal Description.--As soon as is practicable
after enactment of this Act, the map referred to in
subsection (b) and a legal description of the conservation
area shall be filed by the Secretary with the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. Such map and
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 map and legal
description. Such map and description shall be on file and
available for public inspection in the office of the Director
and the Utah State Director of the Bureau of Land Management
of the Department of the Interior.
(d) Withdrawals.--Subject to valid existing rights, the
Federal lands within the conservation area are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; and from entry, application, and
selection under the Act of March 3, 1877 (Ch. 107, 19 Stat.
377, 43 U.S.C. 321 et seq.; commonly referred to as the
``Desert Lands Act''), section 4 of the Act of August 18,
1894 (Ch. 301, 28 Stat. 422; 43 U.S.C. 641; commonly referred
to as the ``Carey Act''), section 2275 of the Revised
Statutes, as amended (43 U.S.C. 851), and section 2276 of the
Revised Statutes (43 U.S.C. 852). The Secretary shall return
to the applicants any such applications pending on the date
of enactment of this Act, without further action. Subject to
valid existing rights, as of the date of enactment of this
Act, lands within the conservation area are withdrawn from
location under the general mining laws, the operation of the
mineral and geothermal leasing laws, and the mineral material
disposal laws, except that mineral materials subject to
disposal may be made available from existing sites to the
extent compatible with the purposes for which the
conservation area is established. All minerals located within
an area designated as wilderness by this title shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
(e) Closure to Forestry.--The Secretary shall prohibit all
commercial sale of trees, portions of trees, and forest
products located in the conservation area.
SEC. 523. MANAGEMENT.
(a) In General.--The Secretary shall, in consultation with
the Advisory Council and subject to valid existing rights,
manage the conservation area to conserve, protect, and
enhance the resources of the conservation area referred to in
section 522(a), the Federal Land Policy and Management Act of
1976, and other applicable laws.
(b) Uses.--The Secretary shall allow such uses of the
conservation area as are specified in the management plan
developed under subsection (b) and that the Secretary finds
will further the conservation, protection, enhancement,
public use, and enjoyment of the resource values referred to
in section 522(a). Except when needed for administrative and
emergency purposes, the uses of motorized vehicles in the
conservation area shall be permitted only on roads and trails
specifically designated for such use as part of the
management plan prepared pursuant to subsection (c).
(c) Management Plan.--No later than 3 years after the date
of enactment of this Act, the Secretary, in cooperation with
the Advisory Council, shall develop a comprehensive plan for
the long-range management and protection of the conservation
area. The plan shall be developed with full opportunity for
public participation and comment, and shall contain
provisions designed to assure access to an protection of the
heritage, tourism, recreational, historical, scenic,
archaeological, paleontological, biological, cultural,
scientific, educational, and economic resources and values of
the conservation area.
(d) Visitors.--
(1) Visitors center.--The Secretary may establish, in
cooperation with the Advisory Council and other public or
private entities as the Secretary considers appropriate, a
visitors center designed to interpret the history and the
geological, ecological, natural, cultural, and other
resources of the conservation area.
(2) Visitors use of area.--In addition to the Visitors
Center, the Secretary may provide for visitor use of the
public lands in the conservation area to such extent and in
such manner as the Secretary considers consistent with the
purposes for which the conservation area is established. To
the extent practicable, the Secretary shall make available to
visitors and other members of the public a map of the
conservation area and such other educational and interpretive
materials as may be appropriate.
(e) Cooperative Agreements.--The Secretary may provide
technical assistance to, and enter into such cooperative
agreements and contracts with, the State of Utah and with
local governments and private entities as the Secretary deems
necessary or desirable to carry out the purposes and policies
of this subtitle.
SEC. 524. ADDITIONS.
(a) Addition to Conservation Area.--Any lands located
within the boundaries of the conservation area that are
acquired by the United States on or after the date of
enactment of this Act shall become a part of the conservation
area and shall be subject to this subtitle.
(b) Land Exchanges To Resolve Conflicts.--The Secretary
shall, within 4 years after the date of enactment of this
Act, study, identify, and initiate voluntary land exchanges
which would resolve ownership-related land use conflicts
within the conservation area. Lands may be acquired under
this subsection only from willing sellers.
SEC. 525. ADVISORY COUNCIL.
(a) Establishment.--There is established the San Rafael
Swell National Conservation Area Advisory Council. The
Advisory Council shall advise the Secretary regarding
management of the conservation area.
(b) Membership.--
(1) In general.--The Advisory Council shall consist of 11
members appointed by the Secretary from among persons who are
representative of the various major citizen's interests
concerned with the management of the public lands located in
the conservation area. Of the members--
(A) 2 shall be appointed from individuals recommended by
the Governor of the State of Utah;
[[Page H9562]]
(B) 4 shall be appointed from individuals recommended by
the Board of Commissioners of Emery County, Utah, and shall
include a representative of each of the Emery County Public
Lands Council and the San Rafael Regional Heritage Council
recognized under section 514(a);
(C) 1 shall be the Director of the Bureau of Land
Management in the State of Utah, or his or her designee; and
(D) 4 shall be selected by the Secretary.
(2) Appointment process.--The Secretary shall appoint the
members of the Advisory Council in accordance with rules
prescribed by the Secretary.
(3) Terms.--(A) The term of members of the Advisory Council
shall be a period established by the Secretary, which may not
exceed 4 years and which, except as provided by subparagraph
(B), shall be the same for all members.
(B) In appointing the initial members of the Advisory
Council, the Secretary shall, for a portion of the members,
specify terms that are shorter than the period established
under subparagraph (A), as necessary to achieve staggering of
terms.
(c) Chairperson.--The Advisory Council shall have a
Chairperson, who shall be selected by the Advisory Council
from among its members.
(d) Meetings.--The Advisory Council shall meet at least
twice each year, at the call of the Secretary or the
Chairperson.
(e) Pay and Expenses.--Members of the Advisory Council
shall serve without pay, except travel and per diem shall be
paid to each member for meetings called by the Secretary or
the Chairperson.
(f) Furnishing Advice.--The Advisory Council may furnish
advice to the Secretary with respect to the planning and
management of the public lands within the conservation area
and such other matters as may be referred to it by the
Secretary.
(g) Termination.--The Advisory Council shall terminate 10
years after the date of the enactment of this Act, unless
otherwise extended by law.
SEC. 526. RELATIONSHIP TO OTHER LAWS AND ADMINISTRATIVE
PROVISIONS.
(a) Public Land Laws.--Except as otherwise specifically
provided in this title, nothing in this subtitle shall be
construed as limiting the applicability to lands in the
conservation area of laws applicable to public lands
generally, including but not limited to the National Historic
Preservation Act (16 U.S.C. 470 et seq.), the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.),
or the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.).
(b) Non-BLM Land.--Nothing in this subtitle shall be
construed as by itself altering the status of any lands that
on the date of enactment of this Act were not managed by the
Bureau of Land Management.
SEC. 527. COMMUNICATIONS EQUIPMENT.
Nothing in this title shall be construed to prohibit the
Secretary from authorizing the installation of communications
equipment in the conservation area for public safety
purposes, other than within areas designated as wilderness,
to the highest practicable degree consistent with
requirements and restrictions otherwise applicable to the
conservation area.
Subtitle C--Wilderness Areas Within Conservation Area
SEC. 531. DESIGNATION OF WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following lands
in the conservation area, as generally depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation
Area Proposed'', dated June 12, 1998, are hereby designated
as wilderness and therefore as components of the National
Wilderness Preservation System:
(1) Crack Canyon Wilderness Area, consisting of
approximately 25,624 acres.
(2) Mexican Mountain Wilderness Area, consisting of
approximately 27,257 acres.
(3) Muddy Creek Wilderness Area, consisting of
approximately 39,348 acres.
(4) San Rafael Reef Wilderness Area, consisting of
approximately 48,227 acres.
(b) Map and Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file a
map and a legal description of each area designated as
wilderness by subsection (a) with the Committee on Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate. Each map and 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 maps and legal descriptions.
Each 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, and the office of the State
Director of the Bureau of Land Management in the State of
Utah, Department of the Interior.
SEC. 532. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each
area designated as wilderness by this title shall be
administered by the Secretary in accordance with this title
and the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Incorporation of Acquired Lands and Interests.--Any
lands or interest in lands within the boundaries of an area
designated as wilderness by this title that is acquired by
the United States after the date of the enactment of this Act
shall be added to and administered as part of the wilderness
area within which the acquired lands or interest in lands are
located.
(c) Management Plans.--As soon as possible after the date
of the enactment of this Act, the Secretary, in cooperation
with the Advisory Council, shall prepare plans in accordance
with section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) to manage the areas designated
as wilderness by this title.
SEC. 533. LIVESTOCK.
Grazing of livestock in areas designated as wilderness by
this title, where such grazing was established before the
date of the enactment of this Act--
(1) may not be reduced, increased, or withdrawn, except in
accordance with the laws and regulations that apply to
grazing on lands managed by the Bureau of Land Management;
and
(2) shall be administered in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-1126.
SEC. 534. WILDERNESS RELEASE.
(a) Finding.--The Congress finds and directs that public
lands administered by the Bureau of Land Management within
the conservation area in the County of Emery, Utah, that are
depicted on the map entitled ``San Rafael Swell National
Heritage/Conservation Area Proposed'', dated June 12, 1998,
have been adequately studied for wilderness designation
pursuant to section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(b) Release.--Any public lands administered by the Bureau
of Land Management within the conservation area in the County
of Emery, Utah, that are depicted on the map entitled ``San
Rafael Swell National Heritage/Conservation Area Proposed'',
dated June 12, 1998, and that are not designated as
wilderness by this title are no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)). Such lands shall be managed for public
uses as defined in section 103(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(c)) and in
accordance with land management plans adopted pursuant to
section 202 of such Act (43 U.S.C. 1712) and this title.
Subtitle D--Other Special Management Areas Within Conservation Area
SEC. 541. SAN RAFAEL SWELL DESERT BIGHORN SHEEP MANAGEMENT
AREA.
(a) Establishment and Purposes.--
(1) Establishment.--There is hereby established in the
conservation area the San Rafael Swell Desert Bighorn Sheep
Management Area (in this section referred to as the
``management area'').
(2) Purposes.--The purposes of the management area are the
following:
(A) To provide for the prudent management of Desert Bighorn
Sheep and their habitat in the Sid's Mountain area of the
conservation area.
(B) To provide opportunities for watchable wildlife,
hunting, and scientific study of Desert Bighorn Sheep and
their habitat.
(C) To provide a seed source for other Desert Bighorn Sheep
herds, and a gene pool to protect genetic diversity within
the Desert Bighorn Sheep species.
(D) To provide educational opportunities to the public
regarding Desert Big Horn Sheep and their environs.
(E) To maintain the natural qualities of the lands and
habitat of the management area to the extent practicable with
prudent management of desert bighorn sheep.
(b) Area Included.--The management area shall consist of
approximately 73,909 acres of federally owned lands and
interests therein managed by the Bureau of Land Management as
generally depicted on the map entitled ``San Rafael Swell
National Heritage/Conservation Area Proposed'', dated June
12, 1998.
(c) Management and Use.--
(1) In general.--Except as otherwise provided in this
section, the management area and use of the management area
shall be subject to all requirements and restrictions that
apply to the conservation area.
(2) Mechanized travel.--The Secretary shall not allow any
mechanized travel in the management area, except--
(A) mechanized travel that is in accordance with the plan;
and
(B) mechanized travel by personnel of the Utah Division of
Wildlife Resources and the Bureau of Land Management,
including landings of helicopters, may be allowed as needed
to manage the Desert Bighorn Sheep and their habitat.
(3) Desert bighorn sheep management.--The Secretary and the
Utah Division of Wildlife Resources may use such management
tools as are needed to provide for the sustainability of the
Desert Bighorn Sheep herd and the range resource of the
management area, including animal transplanting (both into
and out of the management area), hunting, water development,
fencing, surveys, prescribed fire, control of noxious or
invading weeds, and predator control.
(4) Wildlife viewing.--The Secretary, in cooperation with
the State of Utah and the Advisory Council, shall manage the
management area to provide opportunities for the public to
view Desert Bighorn Sheep in their natural habitat. However,
the Secretary may restrict mechanized and nonmechanized
visitation to sensitive areas during critical seasons as
needed to provide for the proper management of the Desert
Bighorn Sheep herd of the management area.
[[Page H9563]]
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the management area in the management plan for the
conservation area under section 523.
(2) Contents.--The management plan for the management area
shall establish goals and management steps to be taken within
the management area to achieve the purposes of the management
area under subsection (a)(2).
(3) Participation.--The Secretary shall cooperate with the
Utah Division of Wildlife Resources and the Advisory Council
in developing the management plan for the management area.
(e) Facilities.--
(1) In general.--The Secretary may establish, operate, and
maintain in the management area such facilities as are needed
to provide for the management and safety of recreational
users of the management area.
(2) Viewing sites.--Facilities under this subsection may
include improved sheep viewing sites around the periphery of
the management area, if such sites do not interfere with the
proper management of the sheep and their habitat.
(f) Development of Heritage Sites.--This section shall not
be construed to preclude the utilization, enhancement, and
maintenance of national heritage area sites in the management
area, if such activities do not conflict with the purposes of
the management area under subsection (a).
SEC. 542. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.
(a) Designation and Purposes.--The Secretary shall
designate areas in the conservation area as semi-primitive
nonmotorized use areas. The purposes of the semi-primitive
areas are the following:
(1) To provide opportunities for isolation from the sights
and sounds of man.
(2) To provide opportunities to have a high degree of
interaction with the natural environment.
(3) To provide opportunities for recreational users to
practice outdoor skills in settings that present moderate
challenge and risk.
(b) Area Included.--The semi-primitive areas shall consist
generally of approximately 120,695 acres of federally owned
lands and interests therein located in the conservation area
that are managed by the Bureau of Land Management, as
generally depicted on the map entitled ``San Rafael Swell
National Heritage/Conservation Area Proposed'', dated June
12, 1998.
(c) Management and Use.--Except as otherwise provided in
this section, semi-primitive areas shall be subject to all
requirements and restrictions that apply to the conservation
area.
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the semi-primitive areas in the management plan for
the conservation area under section 523.
(2) Contents.--The management plans for the semi-primitive
areas shall establish goals and management steps to be taken
within the semi-primitive areas to achieve the purposes under
subsection (a).
(e) Development of Heritage Sites.--This section shall not
be construed to preclude the utilization, enhancement, and
maintenance of national heritage area sites in any semi-
primitive area, if such activities do not conflict with the
purposes of the semi-primitive areas under subsection (a).
SEC. 543. SCENIC VISUAL AREA OF CRITICAL ENVIRONMENTAL
CONCERN.
(a) Designation and Purpose.--The Secretary shall designate
areas in the conservation area as a scenic visual area of
critical environmental concern (in this section referred to
as the ``scenic visual ACEC''). The purpose of the scenic
visual ACEC is to preserve the scenic value of the Interstate
Route 70 corridor within the conservation area.
(b) Area Included.--The scenic visual ACEC shall consist
generally of approximately 27,670 acres of lands and
interests therein located in the conservation area bordering
Interstate Route 70 that are managed by the Bureau of Land
Management, as generally depicted on the map entitled ``San
Rafael Swell National Heritage/Conservation Area Proposed'',
dated June 12, 1998.
(c) Management and Use.--Except as otherwise provided in
this section, the scenic visual ACEC shall be subject to all
requirements and restrictions that apply to the conservation
area, and shall be managed to protect scenic values in
accordance with the Bureau of Land Management document
entitled ``San Rafael Resource Management Plan, Utah, Moab
District, San Rafael Resource Area, 1991''.
Subtitle E--General Management Provisions
SEC. 551. LIVESTOCK GRAZING.
(a) Areas Other Than Wilderness.--
(1) In general.--Except as provided in subsection (b), the
Secretary shall permit domestic livestock grazing in areas of
the conservation area where grazing was established before
the enactment of this Act. Grazing in such areas may not be
reduced, increased, or withdrawn, except in accordance with
the laws and regulations that apply to grazing on lands
managed by the Bureau of Land Management.
(2) Compliance with applicable requirements.--Except as
provided in subsection (b), any livestock grazing on public
lands within the conservation area and activities the
Secretary determines necessary to carry out proper and
practical grazing management programs on such public lands
(such as animal damage control activities), shall be managed
in accordance with the Act of June 28, 1934 (43 U.S.C. 315 et
seq.; commonly referred to as the ``Taylor Grazing Act''),
section 402 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1752), other laws governing the management of
public lands, and the management plan for the conservation
area.
(3) Certain water facilities not affected.--Nothing in this
title shall affect the maintenance, repair, or equivalent
replacement of, or ingress to or egress from, water
catchment, storage, and conveyance facilities in existence
before the date of the enactment of this Act that are
associated with livestock or wildlife purposes, whether
located within or outside of the boundaries of areas
designated as part of the conservation area under this title.
(b) Wilderness.--Subsection (a) shall not apply to any
wilderness designated by this title.
SEC. 552. CULTURAL AND PALEONTOLOGICAL RESOURCES.
The Secretary shall allow for the discovery of, shall
protect, and may interpret, cultural or paleontological
resources located within areas designated as part of the
conservation area, to the extent consistent with the other
provisions of this title governing management of those areas.
SEC. 553. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL
TRUST LANDS.
(a) Exchange Authorized.--
(1) Identification of lands and interests by state.--Not
later than 1 year after the date of enactment of this Act,
the Governor of the State of Utah may identify, describe, and
notify the Secretary of any school and institutional trust
lands the value or economic potential of which may be
diminished by establishment of the conservation area under
this title, and that the State would like to exchange for
other Federal lands or interests in land within the State of
Utah.
(2) Offer by secretary.--Not later than 1 year after the
date of receipt of notification under subsection (a), and
after seeking the advice of the Governor of the State of Utah
on potential lands for exchange, the Secretary shall transmit
to the Governor a list of Federal lands or interests in lands
within the State of Utah that the Secretary believes are
approximately equivalent in value to the lands described in
subsection (a) of this section, and shall offer such lands
for exchange to the State for the lands described in
subsection (a).
(b) Ensuring Equivalent Value.--
(1) In general.--In preparing the list under subsection
(a)(2), the Secretary shall take all steps as are necessary
and reasonable to ensure that the State of Utah agrees that
the lands offered by the Secretary are approximately
equivalent in value to the lands identified and described by
the State under subsection (a)(1).
(2) Accounting for revenue sharing.--If the State of Utah
shares revenue from the properties to be acquired by the
State under this section, the value of such properties shall
be the value otherwise established under this section,
reduced by a percentage that represents the Federal revenue
sharing obligation. The amount of such reduction shall not be
considered a property right of the State of Utah.
(c) Public Interest.--The exchange of lands included in the
list prepared under subsection (a)(2) shall be construed as
satisfying the provisions of section 206(a) of the Federal
Land Policy and Management Act of 1976 requiring that
exchanges of lands be in the public interest.
(d) Definitions.--As used in this section:
(1) School and institutional trust lands.--The term
``school and institutional trust lands'' means those
properties granted by the United States in the Utah Enabling
Act to the State of Utah in trust, and other lands that under
State law must be managed for the benefit of the public
school system or the institutions of the State that are
designated by the Utah Enabling Act, that are located in the
conservation area.
(2) Utah enabling act.--The term ``Utah Enabling Act''
means the Act entitled ``An Act to enable the people of Utah
to form a constitution and State government, and to be
admitted into the Union on an equal footing with the original
States'', approved July 16, 1894 (chapter 138; 28 Stat. 107).
SEC. 554. WATER RIGHTS.
(a) Findings.--The Congress finds the following:
(1) The San Rafael Swell region of Utah is a high desert
climate with little annual precipitation and scarce water
resources.
(2) In order to preserve the limited amount of water
available to wildlife, the State of Utah has granted to the
Division of Wildlife Resources an in-stream flow right in the
San Rafael River.
(3) This preserved right will guarantee that wetland and
riparian habitats within the San Rafael region will be
protected for designations such as wilderness, semi-primitive
areas, bighorn sheep, and other Federal land needs within the
San Rafael Swell region.
(b) No Federal Reservation.--Nothing in this title or any
other Act of Congress shall constitute or be construed to
constitute either an express or implied Federal reservation
of water or water rights for any purpose arising from the
designation of areas as part of the conservation area or as a
wilderness or semi-primitive area under this title.
[[Page H9564]]
(c) Acquisition and Exercise of Water Rights Under Utah
Law.--The United States may acquire and exercise such water
rights as it deems necessary to carry out its
responsibilities on any lands designated as part of the
conservation area under this title pursuant to the
substantive and procedural requirements of the State of Utah.
Nothing in this title shall be construed to authorize the use
of eminent domain by the United States to acquire water
rights for such lands. Within areas designated as part of the
conservation area under this title, all rights to water
granted under the laws of the State of Utah may be exercised
in accordance with the substantive and procedural
requirements of the State of Utah.
(d) Exercise of Water Rights Generally Under Utah Laws.--
Nothing in this title shall be construed to limit the
exercise of water rights as provided under the laws of the
State of Utah.
(e) Colorado River.--Nothing in this title shall be
construed to affect the operation of any existing private,
local, State, or federally owned dam, reservoir, or other
water works on the Colorado River or its tributaries. Nothing
in this title shall alter, amend, construe, supersede, or
preempt any local, State, or Federal law; any existing
private, local, or State agreement; or any interstate compact
or international treaty pertaining to the waters of the
Colorado River or its tributaries.
SEC. 555. MISCELLANEOUS.
(a) State Fish and Wildlife Management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1131(d)(7)),
nothing in this title shall be construed as affecting the
jurisdiction or responsibilities of the State of Utah with
respect to fish and wildlife management activities, including
water development, predator control, transplanting animals,
stocking fish, hunting, fishing, and trapping.
(b) Prohibition of Buffer Zones.--The Congress does not
intend that the designation of an area by this title as part
of the conservation area or a wilderness or semi-primitive
area lead to the creation of protective perimeters or buffer
zones around the area. It is the intention of the Congress
that any protective perimeter or buffer zone be located
wholly within such an area. The fact that nonconforming
activities or uses can be seen or heard from land within such
an area shall not, of itself, preclude such activities or
uses up to the boundary of the area. Nonconforming activities
that occur outside of the boundaries of such an area
designated by this title shall not be taken into account in
assessing unnecessary and undue degradation of such an area.
(c) Adjustment of Certain Boundaries Along Roads.--
(1) Adjustment authorized.--The Secretary may adjust a
boundary described in paragraph (2) that runs along a road as
necessary to ensure that the boundary is set back from the
center line of the road, as follows:
(A) In the case of Interstate 70, a setback that
corresponds with the boundary of the right-of-way for
Interstate 70.
(B) In the case of any high standard road, 150 feet.
(C) In the case of any road classified as a County Class B
road, 100 feet.
(D) In the case of any road that is equivalent to County
Class D roads, 50 feet.
(2) Boundaries described.--A boundary referred to in
paragraph (1) is any boundary of a wilderness or semi-
primitive area designated by this title, or of the San Rafael
Swell Desert Bighorn Sheep Management Area established by
section 541, that is depicted on a map referred to in this
title.
(d) Access.--
(1) Reasonable access allowed.--Subject to valid existing
rights, the holder of any permit authorizing use of an
existing improvement, structure, or facility (including those
related to water and grazing resources) that is located
within the conservation area or a wilderness or semi-
primitive area designated under this title, whether located
on Federal or non-Federal lands, shall be allowed reasonable
access to such improvement, structure, or facility in order
that it may be operated, maintained, repaired, or
equivalently replaced as necessary.
(2) Reasonable access defined.--For the purposes of this
subsection, the term ``reasonable access''--
(A) means the right of ingress and egress; and
(B) includes access by motorized transport on routes in
existence as of the date of the enactment of this Act, unless
the Secretary determines that transport--
(i) is not necessary or customary; or
(ii) was not historically employed.
(e) Land Acquisition by Exchange or Purchase.--The
Secretary shall offer to acquire from non-governmental
entities lands and interests in lands located within or
adjacent to the conservation area or a wilderness or semi-
primitive area designated under this title. Lands may be
acquired under this subsection only by exchange or purchase
from willing sellers.
(f) Rights-of-way.--Nothing in this title, including any
reference to, or depiction or lack of a depiction on, the map
entitled ``San Rafael Swell National Heritage/Conservation
Area Proposed'', dated June 12, 1998, affects any right-of-
way claim that arose under section 2477 of the Revised
Statutes (43 U.S.C. 932).
TITLE VI--NATIONAL PARKS
SEC. 601. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL
LAKESHORE.
Section 6 of the Act of October 15, 1966, entitled ``An Act
to establish in the State of Michigan the Pictured Rocks
National Lakeshore, and for other purposes'' (16 U.S.C. 460s-
5), is amended as follows:
(1) In subsection (b)(1) by striking ``including a scenic
shoreline drive'' and inserting ``including appropriate
improvements to Alger County Road H-58''.
(2) By adding at the end the following new subsection:
``(c) Prohibition of Certain Construction.--A scenic
shoreline drive may not be constructed in the Pictured Rocks
National Lakeshore.''.
SEC. 602. EXPANSION OF ARCHES NATIONAL PARK, UTAH.
(a) In General.--
(1) Boundary expansion.--Subsection (a) of the first
section of Public Law 92-155 (16 U.S.C. 272; 85 Stat. 422) is
amended as follows:
(A) By inserting after the first sentence the following new
sentence: ``Effective on the date of the enactment of this
sentence, the boundary of the park shall also include the
area consisting of approximately 3,140 acres and known as the
`Lost Spring Canyon Addition', as depicted on the map
entitled `Boundary Map, Arches National Park, Lost Spring
Canyon Addition', numbered 138/60,000-B, and dated April
1997.''.
(B) In the last sentence, by striking ``Such map'' and
inserting ``Such maps''.
(2) Inclusion of land in park.--Section 2 of Public Law 92-
155 (16 U.S.C. 272a) is amended by adding at the end the
following new sentences: ``As soon as possible after the date
of the enactment of this sentence, the Secretary of the
Interior shall transfer jurisdiction over the Federal lands
contained in the Lost Spring Canyon Addition from the Bureau
of Land Management to the National Park Service. The Lost
Spring Canyon addition shall be administered in accordance
with the laws and regulations applicable to the park.''.
(3) Protection of existing grazing permit.--Section 3 of
Public Law 92-155 (16 U.S.C. 272b) is amended as follows:
(A) By inserting ``(a) In General.--'' before ``Where''.
(B) By adding at the end the following new subsection:
``(b) Existing Leases, Permits, or Licenses.--(1) In the
case of any grazing lease, permit, or license with respect to
lands within the Lost Spring Canyon Addition that was issued
before the date of the enactment of this subsection, the
Secretary of the Interior shall, subject to periodic renewal,
continue such lease, permit, or license for a period of time
equal to the lifetime of the permittee as of that date and
any direct descendants of the permittee born before that
date. Any such grazing lease, permit, or license shall be
permanently retired at the end of such period. Pending the
expiration of such period, the permittee (or a descendant of
the permittee who holds the lease, permit, or license) shall
be entitled to periodically renew the lease, permit, or
license, subject to such limitations, conditions, or
regulations as the Secretary may prescribe.
``(2) Any such grazing lease, permit, or license may be
sold during the period specified in paragraph (1) only on the
condition that the purchaser shall, immediately upon such
acquisition, permanently retire such lease, permit, or
license. Nothing in this subsection shall affect other
provisions concerning leases, permits, or licenses under the
Taylor Grazing Act.
``(3) Any portion of any grazing lease, permit, or license
with respect to lands within the Lost Spring Canyon Addition
shall be administered by the National Park Service.''.
(4) Withdrawal from mineral entry and leasing; pipeline
management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d)
is amended by adding at the end the following new subsection:
``(c) Withdrawal From Mineral Entry and Leasing; Pipeline
Management.--(1) Subject to valid existing rights, Federal
lands within the Lost Spring Canyon Addition are hereby
appropriated and withdrawn from entry, location, selection,
leasing, or other disposition under the public land laws,
including the mineral leasing laws.
``(2) The inclusion of the Lost Spring Canyon Addition in
the park shall not affect the right of the Northwest Pipeline
Corporation (or its successors or assigns) to operate the
natural gas pipeline located within the park and the Addition
on the date of the enactment of this subsection and to
maintain the pipeline and related facilities in a manner
consistent with the requirments of the natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. 60201 and following).''.
(5) Effect on school trust lands.--
(A) Findings.--The Congress finds the following:
(i) A parcel of State school trust lands, more specifically
described as section 16, township 23 south, range 22 east, of
the Salt Lake base and meridian, is partially contained
within the Lost Spring Canyon Addition included within the
boundaries of Arches National Park by the amendment by
subsection (a).
(ii) The parcel was originally granted to the State of Utah
for the purpose of generating revenue for the public schools
through the development of natural and other resources
located on the parcel.
(iii) It is in the interest of the State of Utah and the
United States for the parcel to be exchanged for Federal
lands of equivalent
[[Page H9565]]
value outside the Lost Spring Canyon Addition, in order to
permit Federal management of all lands within the Lost Spring
Canyon Addition.
(B) Land exchange.--Public Law 92-155 is amended by adding
at the end the following new section:
``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LANDS.
``(a) Exchange Requirement.--If, not later than one year
after the date of the enactment of this section, and in
accordance with this section, the State of Utah offers to
transfer all right, title and interest of the State in and to
the parcel of school trust lands described in subsection
(b)(1) to the United States, the Secretary of the Interior
shall accept the offer on behalf of the United States and,
within 180 days after the date of such acceptance, transfer
to the State of Utah all right, title and interest of the
United States in and to the parcel of land described in
subsection (b)(2). Title to the State lands shall be
transferred at the same time as conveyance of title to the
Federal lands by the Secretary of the Interior. The exchange
of lands under this section shall be subject to valid
existing rights, and each party shall succeed to the rights
and obligations of the other party with respect to any lease,
right-of-way, or permit encumbering the exchanged lands.
``(b) Description of Parcels.--
``(1) State conveyance.--The parcel of school trust lands
to be conveyed by the State of Utah under subsection (a) is
section 16, township 23 south, range 22 east of the Salt Lake
base and meridian.
``(2) Federal conveyance.--The parcel of Federal lands to
be conveyed by the Secretary of the Interior consists of
approximately 639 acres and is identified as lots 1 through
12 located in the S\1/2\N\1/2\ and the N\1/2\N\1/2\N\1/2\S\1/
2\ of section 1, township 25 south, range 18 east, Salt Lake
base and meridian.
``(3) Equivalent value.--The Federal lands described in
paragraph (2) are of equivalent value to the State school
trust lands described in paragraph (1).
``(c) Management by State.--At least 60 days before
undertaking or permitting any surface disturbing activities
to occur on the lands acquired by the State under this
section, the State shall consult with the Utah State Office
of the Bureau of Land Management concerning the extent and
impact of such activities on Federal lands and resources and
conduct, in a manner consistent with Federal laws, inventory,
mitigation, and management activities in connection with any
archaeological, paleontological, and cultural resources
located on the acquired lands. To the extent consistent with
applicable law governing the use and disposition of State
school trust lands, the State shall preserve existing
grazing, recreational, and wildlife uses of the acquired
lands. Nothing in this subsection shall be construed to
preclude the State from authorizing or undertaking surface or
mineral activities authorized by existing or future land
management plans for the acquired lands.
``(d) Implementation.--Administrative actions necessary to
implement the land exchange described in this section shall
be completed within 180 days after the date of the enactment
of this section.''.
SEC. 603. CUMBERLAND ISLAND NATIONAL SEASHORE, GEORGIA.
(a) Treatment of Main Road and Historic Structures.--
(1) Findings.--Congress finds the following:
(A) The main road at Cumberland Island National Seashore
and numerous historic structures on Cumberland Island are
included on the National Register of Historic Places.
(B) The continued existence and use of the main road, as
well as a spur road that provides access to Plum Orchard
mansion at Cumberland Island National Seashore, is necessary
for maintenance and access to the natural, cultural, and
historical resources of Cumberland Island National Seashore.
(C) The preservation of the main road and the numerous
historic structures at Cumberland Island National Seashore is
not only lawful, but also mandated under section 4(a)(3) of
the Wilderness Act (16 U.S.C. 1133(a)(3)).
(D) The inclusion of these roads and historic structures
both on the National Register of Historic Places and in the
Cumberland Island Wilderness or potential wilderness area is
incompatible and causes competing mandates on the Secretary
of the Interior for management.
(2) Exclusion of roads from wilderness.--The main road on
Cumberland Island (as described on the National Register of
Historic Places), the spur road that provides access to Plum
Orchard mansion, and the area extending 10 feet on each side
of the center line of both roads are hereby excluded from the
boundaries of the Cumberland Island Wilderness and the
potential wilderness area.
(3) Exclusion of structures from wilderness.--The Secretary
of the Interior shall modify the boundaries of the Cumberland
Island Wilderness and the potential wilderness area to
exclude--
(A) each structure at Cumberland Island National Seashore
that is listed on National Register of Historic Places; and
(B) such land surrounding each excluded structure as the
Secretary considers necessary to eliminate incompatible and
competing management requirements.
(4) Effect of exclusion.--Nothing in this subsection shall
be construed to affect the inclusion of the main road or a
structure at Cumberland Island National Seashore on the
National Register of Historic Places or the authority of the
Secretary of the Interior to impose reasonable restrictions,
subject to valid existing rights, on the use of the main road
or spur road to minimize any adverse impacts on the
Cumberland Island Wilderness or the potential wilderness
area.
(b) Restoration of Plum Orchard Mansion.--
(1) Restoration required.--Using funds appropriated
pursuant to the authorization of appropriations in paragraph
(4), the Secretary of the Interior shall restore Plum Orchard
mansion at Cumberland Island National Seashore so that the
condition of the restored mansion is at least equal to the
condition of the mansion when it was donated to the United
States. The Secretary shall endeavor to collect donations of
money and in-kind contributions for the purpose of restoring
structures within the Plum Orchard historic district.
(2) Subsequent maintenance.--The Secretary of the Interior
shall endeavor to enter into an agreement with public
persons, private persons, or both, to provide for the
maintenance of Plum Orchard mansion following its
restoration.
(3) Restoration plan.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of the
Interior shall submit to Congress a comprehensive plan for
the repair, stabilization, restoration, and subsequent
maintenance of Plum Orchard mansion to the condition the
mansion was in when acquired by the United States.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary for the
restoration and maintenance of Plum Orchard mansion under
this subsection.
(c) Archaeological and Historic Sites.--The Secretary of
the Interior shall identify, document, and protect
archaeological sites located on Federal land within
Cumberland Island National Seashore. The Secretary shall
prepare and implement a plan to preserve designated national
historic sites within the seashore.
(d) Definitions.--In this section:
(1) The term ``Cumberland Island National Seashore'' means
the national seashore established under Public Law 92-536 (16
U.S.C. 459i et seq.).
(2) The term ``Cumberland Island Wilderness'' means the
wilderness area in the Cumberland Island National Seashore
designated by section 2 of Public Law 97-250 (96 Stat. 709;
16 U.S.C. 1132 note).
(3) The term ``potential wilderness area'' means the
potential wilderness area in the Cumberland Island National
Seashore designated by such section 2.
(4) The term ``National Register of Historic Places'' means
the register maintained by the Secretary of the Interior
under section 101(a)(1)(A) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(1)(A)) that is composed
of districts, sites, buildings, structures, and objects
significant in American history, architecture, archaeology,
engineering, and culture.
SEC. 604. STUDIES OF POTENTIAL NATIONAL PARK SYSTEM UNITS IN
HAWAII.
(a) In General.--The Secretary of the Interior, acting
through the Director of the National Park Service, shall
undertake feasibility studies regarding the establishment of
National Park System units in the following areas in the
State of Hawaii:
(1) Island of Maui: The shoreline area known as ``North
Beach'', immediately north of the present resort hotels at
Kaanapali Beach, in the Lahaina district in the area
extending from the beach inland to the main highway.
(2) Island of Lanai: The mountaintop area known as ``Hale''
in the central part of the island.
(3) Island of Kauai: The shoreline area from ``Anini
Beach'' to ``Makua Tunnels'' on the north coast of this
island.
(4) Island of Molokai: The ``Halawa Valley'' on the eastern
end of the island, including its shoreline, cove and lookout/
access roadway.
(b) Kalaupapa Settlement Boundaries.--The studies conducted
under this section shall include a study of the feasibility
of extending the present National Historic Park boundaries at
Kalaupapa Settlement eastward to Halawa Valley along the
island's north shore.
(c) Report.--A report containing the results of the studies
under this section shall be submitted to the Congress
promptly upon completion.
SEC. 605. SANTA CRUZ ISLAND, ADDITIONAL RIGHTS OF USE AND
OCCUPANCY.
Section 202(e) of Public Law 96-199 (16 U.S.C. 410ff-1(e))
is amended by adding the following at the end thereof:
``(5) In the case of the real property referred to in
paragraph (1), in addition to the rights of use and occupancy
reserved under paragraph (1) and set forth in Instrument 90-
027494, upon the enactment of this paragraph, the Secretary
shall grant identical rights of use and occupancy to Mr.
Francis Gherini of Ventura, California, the previous owner of
the real property, and to each of the two grantors identified
in Instrument No. 92-102117 recorded in the Official Records
of the County of Santa Barbara, California. The use and
occupancy rights granted to Mr. Francis Gherini shall be for
a term of 25 years from the date of the enactment of this
paragraph. The Secretary shall grant such rights without
consideration and shall execute and record such instruments
as necessary to vest
[[Page H9566]]
such rights in such individuals as promptly as practicable,
but no later than 90 days, after the enactment of this
paragraph.''.
SEC. 606. ACQUISITION OF WARREN PROPERTY FOR MORRISTOWN
NATIONAL HISTORICAL PARK.
The Act entitled ``An Act to provide for the establishment
of the Morristown National Historical Park in the State of
New Jersey, and for other purposes'', approved March 2, 1933
(chapter 182; 16 U.S.C. 409 et seq.), is amended by adding at
the end the following new section:
``Sec. 8. (a) In addition to any other lands or interest
authorized to be acquired for inclusion in Morristown
National Historical Park, and notwithstanding the first
proviso of the first section of this Act, the Secretary of
the Interior may acquire by purchase, donation, purchase with
appropriated funds, or otherwise, not to exceed 15 acres of
land and interests therein comprising the property known as
the Warren Property or Mount Kimble. The Secretary may expend
such sums as may be necessary for such acquisition.
``(b) Any lands or interests acquired under this section
shall be included in and administered as part of the
Morristown National Historical Park.''.
SEC. 607. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT
OF 1965 REGARDING TREATMENT OF RECEIPTS AT
CERTAIN PARKS.
Section 4(i)(1)(B) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 4601-6a(i)(1)(B)) is amended by
inserting the following after the second sentence:
``Notwithstanding subparagraph (A), in any fiscal year, the
Secretary of the Interior shall also withhold from the
special account 100 percent of the fees and charges collected
in connection with any unit of the national park system at
which entrance or admission fees cannot be collected by
reason of deed restrictions, and the amounts so withheld
shall be retained by the Secretary and shall be available,
without further appropriation, for expenditure by the
Secretary for purpose of such park system unit.''.
SEC. 608. CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA.
(a) Findings.--The Congress finds that:
(1) The Chattahoochee River National Recreation Area is a
nationally significant resource and the national recreation
area has been adversely affected by land use changes
occurring within and outside its boundaries.
(2) The population of the metropolitan Atlanta area
continues to expand northward, leaving dwindling
opportunities to protect the scenic, recreation, natural, and
historic values of the 2,000-foot wide corridor adjacent to
each bank of the Chattahoochee River and its impoundments in
the 48-mile segment known as the area of national concern.
(3) The State of Georgia has enacted the Metropolitan River
Protection Act in order to ensure the protection of the
corridor located within 2,000 feet of each bank of the
Chattahoochee River, or the 100-year flood plain, whichever
is greater, and such corridor includes the area of national
concern.
(4) Visitor use of the Chattahoochee River National
Recreation Area has shifted dramatically since the
establishment of the national recreation area from waterborne
to water-related and land-based activities.
(5) The State of Georgia and its political subdivisions
along the Chattahoochee River have indicated their
willingness to join in cooperative efforts with the United
States of America to link existing units of the national
recreation area with a series of linear corridors to be
established within the area of national concern and elsewhere
on the river and provided Congress appropriates certain funds
in support of such effort, funding from the State, its
political subdivisions, private foundations, corporate
entities, private individuals, and other sources will be
available to fund more than half of the estimated cost of
such cooperative effort.
(b) Purposes.--The purposes of this section are to--
(1) increase the level of protection of the remaining open
spaces within the area of national concern along the
Chattahoochee River and to enhance visitor enjoyment of such
areas by adding land-based links between existing units of
the national recreation area;
(2) assure that the national recreation area is managed to
standardize acquisition, planning, design, construction, and
operation of the linear corridors; and
(3) authorize the appropriation of Federal funds to cover a
portion of the costs of the Federal, State, local, and
private cooperative effort to add additional areas to the
Chattahoochee River National Recreation Area in order to
establish a series of linear corridors linking existing units
of the national recreation area and to protect other
undeveloped portions of the Chattahoochee River corridor.
(c) Amendments to Chattahoochee NRA Act.--The Act of August
15, 1978, entitled ``An Act to authorize the establishment of
the Chattahoochee River National Recreation Area in the State
of Georgia, and for other purposes'' (Public Law 95-344; 16
U.S.C. 460ii et seq.) is amended as follows:
(1) Section 101 (16 U.S.C. 460ii) is amended as follows:
(A) By inserting after ``numbered Chat-20,003, and dated
September 1984'' the following: ``and on the maps entitled
`Chattahoochee River National Recreation Area Interim
Boundary Maps 1, 2, and 3' and dated August 6, 1998''.
(B) By amending the fourth sentence to read as follows:
``After July 1, 1999, the Secretary of the Interior (in this
Act referred to as the `Secretary') may modify the boundaries
of the recreation area to include other lands within the
river corridor of the Chattahoochee River by submitting a
revised map or other boundary description to the Congress.
Such revised boundaries shall take effect on the date 6
months after the date of such submission unless, within such
6-month period, the Congress adopts a Joint Resolution
disapproving such revised boundaries. Such revised map or
other boundary description shall be prepared by the Secretary
after consultation with affected landowners and with the
State of Georgia and affected political subdivisions.''.
(C) By striking out ``may not exceed approximately 6,800
acres.'' and inserting ``may not exceed 10,000 acres.''.
(2) Section 102(f) (16 U.S.C. 460ii-1(f)) is repealed.
(3) Section 103(b) (16 U.S.C. 460ii-2(b)) is amended to
read as follows:
``(b) Cooperative Agreements.--The Secretary is authorized
to enter into cooperative agreements with the State, its
political subdivisions, and other entities to assure
standardized acquisition, planning, design, construction, and
operation of the national recreation area.''.
(4) Section 105(a) (16 U.S.C. 460ii-4(a)) is amended to
read as follows:
``(a) Authorization of Appropriations; Acceptance of
Donations.--In addition to funding and the donation of lands
and interests in lands provided by the State of Georgia,
local government authorities, private foundations, corporate
entities, and individuals, and funding that may be available
pursuant to the settlement of litigation, there is hereby
authorized to be appropriated for land acquisition not more
than $25,000,000 for fiscal years after fiscal year 1998. The
Secretary is authorized to accept the donation of funds and
lands or interests in lands to carry out this Act.''.
(5) Section 105(c) (16 U.S.C. 460ii-4(c)) is amended by
adding the following at the end thereof: ``The Secretary
shall submit a new plan within 3 years after the enactment of
this sentence to provide for the protection, enhancement,
enjoyment, development, and use of areas added to the
national recreation area. During the preparation of the
revised plan the Secretary shall seek and encourage the
participation of the State of Georgia and its affected
political subdivisions, private landowners, interested
citizens, public officials, groups, agencies, educational
institutions, and others.''.
(6) Section 102(a) (16 U.S.C. 460ii-1(a)) is amended by
inserting the following before the period at the end of the
first sentence: ``, except that lands and interests in lands
within the Addition Area depicted on the map referred to in
section 101 may not be acquired without the consent of the
owner thereof''.
SEC. 609. PROTECTION OF LODGES IN GRAND CANYON NATIONAL PARK.
Section 3 of the Grand Canyon National Park Enlargement Act
(16 U.S.C. 228b) is amended by adding at the end the
following new subsection:
``(d) The Secretary of the Interior is prohibited from
demolishing, or authorizing or permitting (by contract or
otherwise) any other person to demolish, the Thunderbird
Lodge or the Kachina Lodge in the Grand Canyon National Park
unless the Congress approves of the demolition in advance by
the enactment of a law.''.
TITLE VII--REAUTHORIZATIONS
SEC. 701. REAUTHORIZATION OF NATIONAL HISTORIC PRESERVATION
ACT.
The National Historic Preservation Act (16 U.S.C. 470 and
following; Public Law 89-665) is amended as follows:
(1) In the third sentence of section 101(a)(6) (16 U.S.C.
470a(a)(6)) by striking ``shall review'' and inserting ``may
review'' and by striking ``shall determine'' and inserting
``determine''.
(2) Section 101(e)(2) (16 U.S.C. 470a(e)(2)) is amended to
read as follows:
``(2) The Secretary may administer grants to the National
Trust for Historic Preservation in the United States,
chartered by an Act of Congress approved October 26, 1949 (63
Stat. 947), consistent with the purposes of its charter and
this Act.''.
(3) Section 102 (16 U.S.C. 470b) is amended by
redesignating subsection (e) as subsection (f) and by
redesignating subsection (d), as added by section 4009(3) of
Public Law 102-575, as subsection (e).
(4) Section 101(b)(1) (16 U.S.C. 470a(b)(1)) is amended by
adding the following at the end thereof:
``For purposes of subparagraph (A), the State and Indian
tribe shall be solely responsible for determining which
professional employees, are necessary to carry out the duties
of the State or tribe, consistent with standards developed by
the Secretary.''.
(5) Section 107 (16 U.S.C. 470g) is amended to read as
follows:
``Sec. 107. Nothing in this Act shall be construed to be
applicable to the White House and its grounds, the Supreme
Court building and its grounds, or the United States Capitol
and its related buildings and grounds as depicted on the map
entitled `Map Showing Properties Under the Jurisdiction of
the Architect of the Capitol' and dated November 6, 1996,
which shall be on file in the office of the Secretary of the
Interior.''.
(6) Section 108 (16 U.S.C. 470h) is amended by striking
``1997'' and inserting ``2004''.
[[Page H9567]]
(7) Section 110(a)(1) (16 U.S.C. 470h-2(a)(1)) is amended
by inserting the following before the period at the end of
the second sentence: ``, especially those located in central
business areas. When locating Federal facilities, Federal
agencies shall give first consideration to historic
properties in historic districts. If no such property is
operationally appropriate and economically prudent, then
Federal agencies shall consider other developed or
undeveloped sites within historic districts. Federal agencies
shall then consider historic properties outside of historic
districts, if no suitable site within a district exists. Any
rehabilitation or construction that is undertaken pursuant to
this Act must be architecturally compatible with the
character of the surrounding historic district or
properties''.
(8) The first sentence of section 110(l) (16 U.S.C. 470h-
2(l)) is amended by striking ``with the Council'' and
inserting ``pursuant to regulations issued by the Council''.
(9) The last sentence of section 212(a) (16 U.S.C. 470t(a))
is amended by striking ``2000'' and inserting ``2004''.
SEC. 702. REAUTHORIZATION OF DELAWARE WATER GAP NATIONAL
RECREATION AREA CITIZEN ADVISORY COMMISSION.
Section 5 of Public Law 101-573 (16 U.S.C. 460o note) is
amended by striking ``10'' and inserting ``20''.
SEC. 703. COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY.
Public Law 100-515 (102 Stat. 2563; 16 U.S.C. 1244 note) is
amended as follows:
(1) In subsection (b)(1) of section 6 by striking
``$1,000,000'' and inserting ``$4,000,000''.
(2) In subsection (c) of section 6 by striking ``five'' and
inserting ``10''.
(3) In the second sentence of section 2 by inserting
``including sites in the Township of Woodbridge, New
Jersey,'' after ``cultural sites''.
SEC. 704. EXTENSION OF AUTHORIZATION FOR UPPER DELAWARE
CITIZENS ADVISORY COUNCIL.
The last sentence of paragraph (1) of section 704(f) of the
National Parks and Recreation Act of 1978 (16 U.S.C. 1274
note) is amended by striking ``20'' and inserting ``30''.
TITLE VIII--RIVERS AND TRAILS
SEC. 801. NATIONAL DISCOVERY TRAILS.
(a) National Trails System Act Amendments.--
(1) National Discovery Trails Established.--
(A) In general.--Section 3(a) of the National Trails System
Act (16 U.S.C. 1242(a)) is amended by inserting after
paragraph (4) the following:
``(5)(A) National discovery trails, established as provided
in section 5, which will be extended, continuous, interstate
trails so located as to provide for outstanding outdoor
recreation and travel and to connect representative examples
of America's trails and communities. National discovery
trails should provide for the conservation and enjoyment of
significant natural, cultural, and historic resources
associated with each trail and should be so located as to
represent metropolitan, urban, rural, and backcountry regions
of the Nation. Any such trail may be designated on Federal
lands and, with the consent of the owner thereof, on any non-
Federal lands. The consent of the owner shall be obtained in
the form of a written agreement, which shall include such
terms and conditions as the parties to the agreement consider
advisable, and may include provisions regarding the
discontinuation of the trail designation. The Congress does
not intend for the establishment of a national discovery
trail to lead to the creation of protective perimeters or
buffer zones adjacent to a national discovery trail. The fact
that there may be activities or uses on lands adjacent to the
trail that would not be permitted on the trail shall not
preclude such activities or uses on such lands adjacent to
the trail to the extent consistent with other applicable law.
Nothing in this Act may be construed to impose or permit the
imposition of any landowner on the use of any non-Federal
lands without the consent of the owner. Neither the
designation of a national discovery trail nor any plan
related thereto shall affect, or be considered, in the
granting or denial of a right-of-way or any conditions
relating thereto.
``(B) The appropriate Secretary for each national discovery
trail shall administer the trail in cooperation with a
competent trailwide volunteer-based organization. Where
national discovery trails are congruent with other local,
State, national scenic, or national historic trails, the
designation of the discovery trail shall not in any way
diminish the values and significance for which these trails
were established.''.
(B) Feasibility requirements; cooperative management
requirement.--Section 5(b) of such Act (16 U.S.C. 1244(b)) is
amended by adding at the end the following new paragraph:
``(12) For purposes of this subsection, a trail shall not
be considered feasible and desirable for designation as a
national discovery trail unless it meets all of the following
criteria:
``(A) The trail must link to one or more areas within the
boundaries of a metropolitan area (as those boundaries are
determined under section 134(c) of title 23, United States
Code). It should also join with other trails, tying the
National Trails System to significant recreation and
resources areas.
``(B) The trail must be supported by at least one competent
trailwide volunteer-based organization. Each trail shall have
extensive local and trailwide support by the public, by user
groups, and by affected State and local governments.
``(C) The trail must be extended and pass through more than
one State. At a minimum, it should be a continuous, walkable
route. National discovery trails are specifically exempted
from the provisions of sections 7(g) of this Act.
``(D) The appropriate Secretary shall obtain written
consent from affected landowners prior to entering nonpublic
lands for the purposes of conducting any surveys or studies
of nonpublic lands for purposes of this Act. Provided, before
any designation or establishment of any discovery trail
provided by this Act, the appropriate Secretary must ensure
written notification to all nonpublic landowners on which a
designated trail crosses or abuts nonpublic lands.
Furthermore, any nonpublic landowner that has property
crossed by or abutting land designated under this Act, if
trespassing should occur by travelers on the National
Discovery Trail, has the right to request and subsequently
require the appropriate Secretary to coordinate with State
and local officials to ensure to the maximum extent feasible
that no further trespassing should occur on such nonpublic
land.''.
(2) Designation of the American Discovery Trail as a
National Discovery Trail.--Section 5(a) of such Act (16
U.S.C. 1244(a)) is amended as follows:
(A) By redesignating the paragraph relating to the
California National Historic Trail as paragraph (18).
(B) By redesignating the paragraph relating to the Pony
Express National Historic Trail as paragraph (19).
(C) By redesignating the paragraph relating to the Selma to
Montgomery National Historic Trail as paragraph (20).
(D) By adding at the end the following:
``(21) The American Discovery Trail, a trail of
approximately 6,000 miles extending from Cape Henlopen State
Park in Delaware to Point Reyes National Seashore in
California, extending westward through Delaware, Maryland,
the District of Columbia, West Virginia, Ohio, and Kentucky,
where near Cincinnati it splits into two routes. The Northern
Midwest route traverses Ohio, Indiana, Illinois, Iowa,
Nebraska, and Colorado, and the Southern Midwest route
traverses Indiana, Illinois, Missouri, Kansas, and Colorado.
After the two routes rejoin in Denver, Colorado, the route
continues through Colorado, Utah, Nevada, and California. The
trail is generally described in Volume 2 of the National Park
Service feasibility study dated June 1995 which shall be on
file and available for public inspection in the office of the
Director of the National Park Service, Department of the
Interior, the District of Columbia. The American Discovery
Trail shall be administered by the Secretary of the Interior
in cooperation with at least one competent trailwide
volunteer-based organization, affected land managing agencies
and State and local governments as appropriate. No lands or
interests outside the exterior boundaries of federally
administered areas may be acquired by the Federal Government
solely for the American Discovery Trail. The American
Discovery Trail is specifically exempted from the provisions
of subsection (e), (f), and (g) of section 7.''.
(3) Comprehensive National Discovery Trail Plan.--Section 5
of such Act (16 U.S.C. 1244) is further amended by adding at
the end the following new subsection:
``(g) Within 3 complete fiscal years after the date of
enactment of any law designating a national discovery trail,
the responsible Secretary shall submit a comprehensive plan
for the protection, management, development, and use of the
Federal portions of the trail, and provide technical
assistance to States and local units of government and
private landowners, as requested, for nonfederal portions of
the trail, to the Committee on Resources of the United States
House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate. In developing
a comprehensive management plan for a national discovery
trail, the responsible Secretary shall cooperate to the
fullest practicable extent with the organizations sponsoring
the trail. The responsible Secretary shall ensure that the
comprehensive plan does not conflict with existing agency
direction and shall consult with the affected land managing
agencies, the Governors of the affected States, affected
county and local political jurisdictions, and local
organizations maintaining components of the trail. Components
of the comprehensive plan include--
``(1) policies, objectives and practices to be observed in
the administration and management of the trail, including the
identification of all significant natural, historical, and
cultural resources to be preserved, model agreements
necessary for joint trail administration among and between
interested parties, and an identified carrying capacity for
critical segments of the trail and procedures for
implementation, where appropriate;
``(2) strategies for trail protection to retain the values
for which the trail is being established and recognized by
the Federal Government;
``(3) general and site-specific trail-related development,
including anticipated costs; and
``(4) the process to be followed to implement the trail
marking authorities in section 7(c) conforming to approved
trail logo or emblem requirements.''.
(b) Conforming Amendments.--The National Trails System Act
is amended:
[[Page H9568]]
(1) In section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery''.
(2) In the section heading to section 5 (16 U.S.C. 1244),
by striking ``and national historic'' and inserting ``,
national historic, and national discovery''.
(3) In section 5(a) (16 U.S.C. 1244(a)), in the matter
preceding paragraph (1)--
(A) by striking ``and national historic'' and inserting ``,
national historic, and national discovery''; and
(B) by striking ``and National Historic'' and inserting ``,
National Historic, and National Discovery''.
(4) In section 5(b) (16 U.S.C. 1244(b)), in the matter
preceding paragraph (1), by striking ``or national historic''
and inserting ``, national historic, or national discovery''.
(5) In section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking
``or national historic'' and inserting ``, national historic,
or national discovery''.
(6) In section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking
``and national historic'' and inserting ``, national
historic, and national discovery''.
(7) In section 7(b) (16 U.S.C. 1246(b)), by striking ``or
national historic'' each place such term appears and
inserting ``, national historic, or national discovery''.
(8) In section 7(c) (16 U.S.C. 1246(c))--
(A) by striking ``scenic or national historic'' each place
it appears and inserting ``scenic, national historic, or
national discovery'';
(B) in the second proviso, by striking ``scenic, or
national historic'' and inserting ``scenic, national
historic, or national discovery''; and
(C) by striking ``, and national historic'' and inserting
``, national historic, and national discovery''.
(9) In section 7(d) (16 U.S.C. 1246(d)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery''.
(10) In section 7(e) (16 U.S.C. 1246(e)), by striking ``or
national historic'' each place such term appears and
inserting ``, national historic, or national discovery''.
(11) In section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking
``National Scenic or Historic Trail'' and inserting
``national scenic, historic, or discovery trail''.
(12) In section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking
``or national historic'' and inserting ``national historic,
or national discovery''.
(13) In section 7(i) (16 U.S.C. 1246(i)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery''.
SEC. 802. SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC
RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended--
(1) by designating the four undesignated paragraphs after
paragraph (156) as paragraphs (157), (158), (159), and (160),
respectively; and
(2) by adding the following new paragraph at the end
thereof:
``(161) Sudbury, Assabet, and Concord Rivers,
Massachusetts.--The 29 miles of river segments in
Massachusetts, as follows:
``(A) The 14.9 mile segment of the Sudbury river beginning
at the Danforth Street bridge in the town of Framington,
downstream to Route 2 bridge in Concord, as a scenic river.
``(B) The 1.7 mile segment of the Sudbury River from the
Route 2 bridge downstream to its confluence with the Assabet
River at Egg Rock, as a recreational river.
``(C) The 4.4 mile segment of the Assabet River beginning
1,000 feet downstream from the Damon Mill Dam in the town of
Concord, to its confluence with the Sudbury River at Egg Rock
in Concord, as a recreational river.
``(D) The 8.0 mile segment of the Concord River from Egg
Rock at the confluence of the Sudbury and Assabet Rivers
downstream to the Route 3 bridge in the town of Billerica, as
a recreational river.
The segments referred to in subparagraphs (A) through (D)
shall be administered by the Secretary of the Interior in
cooperation with the SUASCO River Stewardship Council
provided for in the plan through cooperative agreements under
section 10(e) between the Secretary and the Commonwealth of
Massachusetts and its relevant political subdivisions
(including the towns of Framingham, Wayland, Sudbury,
Lincoln, Concord, Carlisle, Bedford, and Billerica). The
segments shall be managed in accordance with the plan
entitled `Sudbury, Assabet and Concord Wild and Scenic River
Study, River Conservation Plan' dated March 16, 1995. The
plan is deemed to satisfy the requirement for a comprehensive
management plan under subsection (d) of this section.''.
SEC. 803. ASSISTANCE TO THE NATIONAL HISTORIC TRAILS
INTERPRETIVE CENTER.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds and declares the
following:
(A) The city of Casper, Wyoming, is nationally significant
as the only geographic location in the western United States
where 4 congressionally recognized historic trails (the
Oregon Trail, the Mormon Trail, the California Trail, and the
Pony Express Trail), the Bridger Trail, the Bozeman Trail,
and many Indian routes converged.
(B) The historic trails that passed through the Casper area
are a distinctive part of the national character and possess
important historical and cultural values representing themes
of migration, settlement, transportation, and commerce that
shaped the landscape of the West.
(C) The Bureau of Land Management has not yet established a
historic trails interpretive center in Wyoming or in any
adjacent State to educate and focus national attention on the
history of the mid-19th century immigrant trails that crossed
public lands in the Intermountain West.
(D) At the invitation of the Bureau of Land Management, the
city of Casper and the National Historic Trails Foundation,
Inc. (a nonprofit corporation established under the laws of
the State of Wyoming) entered into a memorandum of
understanding in 1992, and have since signed an assistance
agreement in 1993 and a cooperative agreement in 1997, to
create, manage, and sustain a National Historic Trails
Interpretive Center to be located in Casper, Wyoming, to
professionally interpret the historic trails in the Casper
area for the benefit of the public.
(E) The National Historic Trails Interpretive Center
authorized by this section is consistent with the purposes
and objectives of the National Trails System Act (16 U.S.C.
1241 et seq.), which directs the Secretary of the Interior to
protect, interpret, and manage the remnants of historic
trails on public lands.
(F) The State of Wyoming effectively joined the partnership
to establish the National Historic Trails Interpretive Center
through a legislative allocation of supporting funds, and the
citizens of the city of Casper have increased local taxes to
meet their financial obligations under the assistance
agreement and the cooperative agreement referred to in
paragraph (4).
(G) The National Historic Trails Foundation, Inc. has
secured most of the $5,000,000 of non-Federal funding pledged
by State and local governments and private interests pursuant
to the cooperative agreement referred to in subparagraph (D).
(H) The Bureau of Land Management has completed the
engineering and design phase of the National Historic Trails
Interpretive Center, and the National Historic Trails
Foundation, Inc. is ready for Federal financial and technical
assistance to construct the Center pursuant to the
cooperative agreement referred to in subparagraph (D).
(2) Purposes.--The purposes of this section are the
following:
(A) To recognize the importance of the historic trails that
passed through the Casper, Wyoming, area as a distinctive
aspect of American heritage worthy of interpretation and
preservation.
(B) To assist the city of Casper, Wyoming, and the National
Historic Trails Foundation, Inc. in establishing the National
Historic Trails Interpretive Center to memorialize and
interpret the significant role of those historic trails in
the history of the United States.
(C) To highlight and showcase the Bureau of Land
Management's stewardship of public lands in Wyoming and the
West.
(b) National Historic Trails Interpretive Center.--
(1) Establishment.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management (in
this section referred to as the ``Secretary''), shall
establish in Casper, Wyoming, a center for the interpretation
of the historic trails in the vicinity of Casper, including
the Oregon Trail, the Mormon Trail, the California Trail, and
the Pony Express Trail, the Bridger Trail, the Bozeman Trail,
and various Indian routes. The center shall be known as the
National Historic Trails Interpretive Center (in this section
referred to as the ``Center'').
(2) Facilities.--The Secretary, subject to the availability
of appropriations, shall construct, operate, and maintain
facilities for the Center--
(A) on land provided by the city of Casper, Wyoming;
(B) in cooperation with the city of Casper and the National
Historic Trails Interpretive Center Foundation, Inc. (a
nonprofit corporation established under the laws of the State
of Wyoming); and
(C) in accordance with--
(i) the Memorandum of Understanding entered into on March
4, 1993, by the city, the foundation, and the Wyoming State
Director of the Bureau of Land Management; and
(ii) the cooperative agreement between the foundation and
the Wyoming State Director of the Bureau of Land Management,
numbered K910A970020.
(3) Donations.--Notwithstanding any other provision of law,
the Secretary may accept, retain, and expend donations of
funds, property, or services from individuals, foundations,
corporations, or public entities for the purpose of
development and operation of the Center.
(4) Entrance fee.--Notwithstanding section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a),
the Secretary may--
(A) collect an entrance fee from visitors to the Center;
and
(B) use amounts received by the United States from that fee
for expenses of operation of the Center.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 to carry out
this section.
TITLE IX--HAZARDOUS FUELS REDUCTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Community Protection and
Hazardous Fuels Reduction Act of 1998''.
[[Page H9569]]
SEC. 902. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Management of Federal lands has been characterized by
large cyclical variations in fire suppression policies,
timber harvesting levels, and the attention paid to commodity
and noncommodity values.
(2) Forests on Federal lands are experiencing significant
disease epidemics and insect infestations.
(3) The combination of inconsistent management and natural
effects has resulted in a hazardous fuels buildup on Federal
lands that threatens catastrophic wildfire.
(4) While the long-term effect of catastrophic wildfire on
forests and forest systems is a matter of debate, there
should be no question that catastrophic wildfire must be
prevented in areas of the Federal lands where wildlands abut,
or are located in close proximity to, communities,
residences, and other private and public facilities on non-
Federal lands.
(5) Wildfire resulting from hazardous fuels buildup in such
wildland/urban interface areas threatens the destruction of
communities, puts human life and property at risk, threatens
community water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air quality.
(6) The Secretary of Agriculture and the Secretary of the
Interior must assign a high priority and undertake aggressive
management to achieve the elimination of hazardous fuel
buildup and reduction of the risk of wildfire to the
wildland/urban interface areas on Federal lands. Protection
of human life and property, including water supplies and
ambient air quality, must be given the highest priority.
(7) The noncommodity resources, including riparian zones
and wildlife habitats, in wildland/urban interface areas on
Federal lands which must be protected to provide recreational
opportunities, clean water, and other amenities to
neighboring communities and the public suffer from a backlog
of unfunded forest management projects designed to provide
such protection.
(8) In a period of fiscal austerity characterized by
shrinking budgets and personnel levels, Congress must provide
the Secretary of Agriculture and the Secretary of the
Interior with innovative tools to accomplish the required
reduction in hazardous fuels buildup and undertake other
forest management projects in the wildland/urban interface
areas on the Federal lands at least cost.
(b) Purpose.--The purpose of this title is to provide new
authority and innovative tools to the Secretary of
Agriculture and the Secretary of the Interior to safeguard
communities, lives, and property by reducing or eliminating
the threat of catastrophic wildfire, and to undertake needed
forest management projects, in wildland/urban interface areas
on Federal lands.
SEC. 903. DEFINITIONS.
As used in this title:
(1) Federal lands.--The term ``Federal lands'' means--
(A) federally managed lands administered by the Bureau of
Land Management under the Secretary of the Interior; and
(B) federally managed lands administered by the Secretary
of Agriculture.
(2) Forest management project.--The term ``forest
management project'' means a project, including riparian zone
enhancement, habitat improvement, noncommercial hazardous
fuels reduction, and soil stabilization or other water
quality improvement project, designed to protect one or more
noncommodity resources on or in close proximity to Federal
lands.
(3) Land management plan.--The term ``land management
plan'' means the following:
(A) With respect to Federal lands described in paragraph
(1)(A), a land use plan prepared by the Bureau of Land
Management pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), or other
multiple-use plan currently in effect.
(B) With respect to Federal lands described in paragraph
(1)(B), a land and resource management plan (or if no final
plan is in effect, a draft land and resource management plan)
prepared by the Forest Service pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (1)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (1)(B), the Secretary of Agriculture.
(5) Wildland/urban interface area.--The term ``wildland/
urban interface area'' means the line, area, or zone where
structures and other human development meet or intermingle
with undeveloped wildland or vegetative fuel.
(6) Congressional committees.--The term ``congressional
committees'' means the Committee on Resources and the
Committee on Agriculture of the House of Representatives and
the Committee on Energy and Natural Resources and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(7) Hazardous fuels buildup.--The term ``hazardous fuels
buildup'' means that level of fuels accumulation, within a
fire regime, in which an ignition with the right combination
of weather and topographic conditions can result in--
(A) a dangerous exposure of risk to firefighters and the
public;
(B) a high potential to cause risk of loss to key
components that define ecological resources, capital
investments, and private property; or
(C) both subparagraphs (A) and (B).
(8) Forest product.--The term ``forest product'' means any
tree or tree part that can be used for a commercial purpose.
(9) Fuels.--The term ``fuels'' includes forage, woody
debris, duff, needle cast, brush, understory, ladder fuels,
and dead or dying overstory.
Subtitle A--Management of Wildland/Urban Interface Areas
SEC. 911. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.
On or before September 30 of each year, each District
Manager of the Bureau of Land Management and each Forest
Supervisor of the Forest Service shall identify those areas
on Federal lands within the jurisdiction of the District
Manager or Forest Supervisor that the District Manager or
Forest Supervisor determines--
(1) meet the definition of wildland/urban interface areas;
and
(2) have hazardous fuels buildups and other forest
management needs that warrant the use of forest management
projects as provided in section 912.
SEC. 912. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE
FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN
INTERFACE AREAS.
(a) Contracting Authority.--
(1) In general.--The Secretary concerned is authorized to
enter into contracts under this section for the sale of
forest products in a wildland/urban interface area identified
under section 911 for the primary purpose of reducing
hazardous fuels buildups in the area.
(2) Inclusion of forest management projects.--Subject to
paragraph (3) and subsection (e), the Secretary concerned may
require, as a condition of any sale of forest products
referred to in paragraph (1), that the purchaser of such
products undertake one or more forest management projects in
the wildland/urban interface area.
(3) Conditions on inclusion.--The Secretary concerned may
include a forest management project as a condition in a
contract for the sale of forest products referred to in
paragraph (1) only when the Secretary determines that--
(A) the forest management project is consistent with the
applicable land management plan; and
(B) the objectives of the forest management project can be
accomplished most cost efficiently and effectively when the
project is performed as part of the sale contract.
(b) Financing and Supplemental Funding.--
(1) Financing through sales.--The financing of a forest
management project required as a condition of a contract for
a sale of forest products authorized by subsection (a) shall
be accomplished by including in the contract a provision that
offsets the costs incurred by the purchaser in carrying out
the required forest management project, by reducing the
amount required to be paid to the United States by the
purchaser for forest products sold under the contract.
(2) Amount of reduction of payment.--
(A) In general.--Except as provided in subparagraph (B),
the amount of the reduction referred to in paragraph (1)
shall be equal to the costs referred to in paragraph (1),
minus any assistance to the purchaser under paragraph (3)
used to pay those costs.
(B) Limitation.--The amount of the reduction for a sale may
not exceed the portion of the total amount otherwise required
to be paid to the United States by the purchaser (before the
reduction) that remains after deducting from that total
amount the amounts necessary to make distributions and
payments under the provisions of law referred to in paragraph
(1) or (2) of subsection (d) that apply to that total amount.
(3) Use of appropriated funds.--The Secretary concerned may
use appropriated funds to assist the purchaser to undertake a
forest management project required as a condition of a
contract authorized by subsection (a) if such funds are
provided from the resource function or functions that
directly benefit from the performance of the project and are
available from the annual appropriation for such function or
functions during the fiscal year in which the sale is
offered. The amount of assistance to be provided for each
forest management project shall be included in the
prospectus, and published in the advertisement, for the sale.
(c) Determination of Forest Management Offsets.--Prior to
the advertisement of a sale authorized by subsection (a) and
subject to section 915(b), the Secretary concerned shall
determine the offsetting cost (under subsection (b)(1)) of
each forest management project to be required as a condition
of the sale contract. A description of the forest management
project, and the cost of the project to be offset against the
purchaser's payment for forest products in the sale, shall be
included in the prospectus, and published in the
advertisement, for the sale.
(d) Treatment of Forest Management Project Offsets as
Moneys Received.--
(1) Bureau of land management lands.--In the case of
Federal lands described in section 903(1)(A), the amount of
any reduction
[[Page H9570]]
under subsection (b)(1) of the amount required to be paid by
a purchaser in a sale authorized by subsection (a) shall be
considered to be money received, for purposes of title II of
the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f),
the first section of the Act of May 24, 1939 (53 Stat. 753;
43 U.S.C. 1181f-1), or other applicable law concerning the
distribution of receipts from the sale of forest products on
such lands.
(2) Forest system lands.--In the case of Federal lands
described in section 903(1)(B), the amount of any reduction
under subsection (b)(1) of the amount required to be paid by
a purchaser in a sale authorized by subsection (a)--
(A) shall be considered to be money received, for purposes
of the sixth paragraph under the heading ``FOREST SERVICE''
in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and
section 13 of the Act of March 1, 1911 (36 Stat. 963;
commonly known as the Weeks Act; 16 U.S.C. 500); and
(B) shall not be considered to be money received, for
purposes of the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501).
(e) Limitation on Amount of Offsets.--The total amount by
which purchase payments are reduced under subsection (b)(1)
each fiscal year--
(1) under contracts awarded by the Secretary of
Agriculture, may not exceed $40,000,000; and
(2) under contracts awarded by the Secretary of the
Interior, may not exceed $10,000,000.
SEC. 913. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the preparation and
offering of contracts, and the performance of forest
management projects, pursuant to section 912 to determine the
effectiveness of such contracts and forest management
projects in achieving the purpose of this title.
SEC. 914. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 90 days after the end of
each full fiscal year in which contracts are entered into
under section 912, the Secretary concerned shall submit to
the congressional committees a report, which shall provide
for the Federal lands within the jurisdiction of the
Secretary concerned the following:
(1) A list of the wildland/urban interface areas identified
on or before September 30 of the previous fiscal year
pursuant to section 911.
(2) A summary of all contracts entered into, and all forest
management projects performed, pursuant to section 912 during
the preceding fiscal year;
(3) A discussion of any delays in excess of three months
encountered during the preceding fiscal year, and likely to
occur in the fiscal year in which the report is submitted, in
preparing and offering the sales, and in performing the
forest management projects, pursuant to section 912.
(4) The results of the monitoring required by section 913
of the contracts authorized, and the forest management
projects performed, pursuant to section 912.
(5) Any anticipated problems in the implementation of this
subtitle.
(b) Four Year Report.--The fourth report prepared by the
Secretary concerned under subsection (a) shall contain, in
addition to the matters required by subsection (a), the
following:
(1) An assessment by the Secretary concerned regarding
whether the contracting authority provided in section 912
should be reauthorized beyond the period specified in section
915(a).
(2) If reauthorization is warranted, such recommendations
as the Secretary concerned considers appropriate regarding
changes in such authority to better achieve the purpose of
this title.
SEC. 915. SPECIAL FUNDS.
(a) Establishment and Initial Funding.--Notwithstanding any
other provision of law, not later than 30 days after the date
of enactment of this Act--
(1) the Secretary of Agriculture and the Secretary of the
Interior shall each establish and maintain a special fund
which shall be available, without further appropriation, for
the purposes of planning, offering, and managing sales of
forest products referred to in section 912(a)(1);
(2) the Secretary of Agriculture shall transfer, from
amounts available to such Secretary for reduction of wildland
fire hazardous fuels for the fiscal year in which this Act is
enacted and each of the 3 following fiscal years, $10,000,000
to the fund established by the Secretary of Agriculture
pursuant to paragraph (1); and
(3) the Secretary of the Interior shall transfer, from
amounts available to such Secretary for reduction of
hazardous fuels for the fiscal year in which this Act is
enacted, $10,000,000 to the fund established by the Secretary
of the Interior pursuant to paragraph (1).
(b) Replenishment of Funds.--Each fund established pursuant
to subsection (a) shall receive all of the receipts from each
sale of forest products referred to in section 912(a)(1) from
Federal lands within the jurisdiction of the Secretary who
established such fund, minus the amount required to be
distributed under the provisions of law referred to in
paragraph (1) or (2), as applicable, of section 912(d).
(c) Termination.--
(1) In general.--Each Secretary concerned shall terminate
the fund established by such Secretary pursuant to subsection
(a) at the expiration of the last day of the fifth full
fiscal year occurring after the date of enactment of this
Act.
(2) Treatment of balance and future receipts.--Any moneys
remaining in a fund established pursuant to subsection (a)(1)
upon the expiration of the day referred to in paragraph (1),
and any receipts after that day from sales of forest products
under section 912(a)(1)--
(A) shall be available to the Secretary of Agriculture for
reduction of wildland fire hazardous fuels, in the case of
moneys remaining in the fund established by the Secretary of
Agriculture and receipts for forest products from Federal
lands within the jurisdiction of such Secretary; and
(B) shall be available to the Secretary of the Interior for
the reduction of hazardous fuels, in the case of moneys
remaining in the fund established by the Secretary of the
Interior and receipts for forest products from Federal lands
within the jurisdiction of such Secretary.
SEC. 916. TERMINATION OF AUTHORITY.
(a) Termination Date.--The authority of the Secretary
concerned to offer sales of forest products pursuant to
section 912, and to require the purchasers of such products
to undertake forest management projects as a condition of
such sales, shall terminate at the end of the five-fiscal
year beginning on the first October 1st occurring after the
date of the enactment of this Act.
(b) Effect on Existing Sales.--Any contract for a sale of
forest products pursuant to section 912 entered into before
the end of the period specified in subsection (a), and still
in effect at the end of such period, shall remain in effect
after the end of such period pursuant to the terms of the
contract.
Subtitle B--Miscellaneous Provisions
SEC. 921. REGULATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary concerned shall prescribe such
regulations as are necessary and appropriate to implement
this title.
SEC. 922. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the
first five fiscal years beginning after the date of the
enactment of this Act such sums as may be necessary to carry
out this title.
TITLE X--MISCELLANEOUS PROVISIONS
SEC. 1001. AUTHORITY TO ESTABLISH MAHATMA GANDHI MEMORIAL.
(a) In General.--The Government of India may establish a
memorial to honor Mahatma Gandhi on the Federal land in the
District of Columbia.
(b) Cooperative Agreements.--The Secretary of the Interior
or any other head of a Federal agency may enter into
cooperative agreements with the Government of India to
maintain features associated with the memorial.
(c) Compliance With Standards for Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001 et seq.), except that
sections 2(c) and 6(b) of that Act shall not apply with
respect to the memorial.
(d) Limitation on Payment of Expenses.--The Government of
the United States shall not pay any expense of the
establishment of the memorial or its maintenance.
SEC. 1002. ESTABLISHMENT OF THE NATIONAL CAVE AND KARST
RESEARCH INSTITUTE IN NEW MEXICO.
(a) Purposes.--The purposes of this section are--
(1) to further the science of speleology;
(2) to centralize and standardize speleological
information;
(3) to foster interdisciplinary cooperation in cave and
karst research programs;
(4) to promote public education;
(5) to promote national and international cooperation in
protecting the environment for the benefit of cave and karst
landforms; and
(6) to promote and develop environmentally sound and
sustainable resource management practices.
(b) Establishment of the Institute.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), acting through the
Director of the National Park Service, shall establish the
National Cave and Karst Research Institute (referred to in
this section as the ``Institute'').
(2) Purposes.--The Institute shall, to the extent
practicable, further the purposes of this section.
(3) Location.--The Institute shall be located in the
vicinity of Carlsbad Caverns National Park, in the State of
New Mexico. The Institute shall not be located inside the
boundaries of Carlsbad Caverns National Park.
(c) Administration of the Institute.--
(1) Management.--The Institute shall be jointly
administered by the National Park Service and a public or
private agency, organization, or institution, as determined
by the Secretary.
(2) Guidelines.--The Institute shall be operated and
managed in accordance with the study prepared by the National
Park Service pursuant to section 203 of Public Law 101-578
(16 U.S.C. 4310 note).
(3) Contracts and cooperative agreements.--The Secretary
may enter into a contract or cooperative agreement with a
public or private agency, organization, or institution to
carry out this section.
[[Page H9571]]
(4) Facility.--
(A) Leasing or acquiring a facility.--The Secretary may
lease or acquire a facility for the Institute.
(B) Construction of a facility.--If the Secretary
determines that a suitable facility is not available for a
lease or acquisition under subparagraph (A), the Secretary
may construct a facility for the Institute.
(5) Acceptance of grants and transfers.--To carry out this
section, the Secretary may accept--
(A) a grant or donation from a private person; or
(B) a transfer of funds from another Federal agency.
(d) Funding.--
(1) Matching funds.--The Secretary may spend only such
amount of Federal funds to carry out this section as is
matched by an equal amount of funds from non-Federal sources.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1003. GUADALUPE-HIDALGO TREATY LAND CLAIMS.
(a) Short Title.--This section may be cited as the
``Guadalupe-Hidalgo Treaty Land Claims Equity Act of 1998''.
(b) Definitions and Findings.--
(1) Definitions.--For purpose of this section:
(A) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under subsection (c).
(B) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207: 9 Bevans 791).
(C) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(i) was a Mexican citizen before the Treaty of Guadalupe
Hidalgo;
(ii) was a member of a community land grant; and
(iii) became a United States citizen within ten years after
the effective date of the Treaty of Guadalupe-Hidalgo, May
30, 1848, pursuant to the terms of the Treaty.
(D) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo
consisting of land held in common (accompanied by lesser
private allotments) by three or more families under a grant
from the King of Spain (or his representative) before the
effective date of the Treaty of Cordova, August 24, 1821, or
from the authorities of the Republic of Mexico before May 30,
1848, in what became the State of New Mexico, regardless of
the original character of the grant.
(E) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law and the right of local self-
government.
(2) Findings.--Congress finds the following:
(A) New Mexico has a unique history regarding the
acquisition of ownership of land as a result of the
substantial number of Spanish and Mexican land grants that
were an integral part of the colonization and growth of New
Mexico before the United States acquired the area in the
Treaty of Guadalupe-Hidalgo.
(B) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of article
VI, section 2, of the Constitution of the United States.
(C) Serious questions regarding the prior ownership of
lands in the State of New Mexico, particularly certain public
lands, still exist.
(D) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
(c) Establishment and Membership of Commission.
(1) Establishment.--There is established a commission to be
known as the ``Guadalupe-Hidalgo Treaty Land Claims
Commission''.
(2) Number and Appointment of Members.--The Commission
shall be composed of five members appointed by the President,
by and with the advice and consent of the Senate. At least
two of the members of the Commission shall be selected from
among persons who are eligible descendants. All members shall
demonstrate knowledge and expertise about the history and law
associated with the New Mexico land grants.
(3) Terms.--Each member shall be appointed for the life of
the Commission. A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(4) Compensation.--Members shall each be entitled to
receive the daily equivalent of level V of the Executive
Schedule for each day (including travel time) during which
they are engaged in the actual performance of duties vested
in the Commission.
(d) International Agreements for Cooperation in the
Procurement of Relevant Documents.--
(1) Findings.--Congress recognizes that--
(A) the availability of documents concerning community land
grants in the State of New Mexico in the United States is
limited; and
(B) a fair and equitable evaluation of the community land
grants will depend upon obtaining a comprehensive compilation
of the relevant documents available.
(2) Bilateral agreements.--The Secretary of State is
authorized to negotiate bilateral agreements with the
Governments of Mexico and Spain to obtain their full
cooperation with the Commission so that the Commission will
have access to certified copies of all relevant documents in
those countries relating to community land grants in the
State of New Mexico.
(e) Development of Code of Land Grant Claims Procedures.--
(1) Development of procedures.--Not later than one year
after the date on which the second bilateral agreement
described in subsection (d) is concluded, the Commission
shall develop workable and equitable procedures, in clear and
concise form, for land grant evaluations, including but not
limited to--
(A) a criteria for the Commission to use during its
evaluation of what constituted a legal community land grant
under Mexican and Spanish law;
(B) the scope of admissible evidence;
(C) appropriate presumptions, if any, regarding previous
adjudications made by the Surveyor General and the Court of
Private Land Claims, and other court decisions involving the
Treaty;
(D) a set of procedural rules setting forth the burden of
proof that the Commission will use in determining the
validity of community land grants;
(E) an outline of investigative services the Commission
proposes to make available to land grant claimants;
(F) safeguards, acceptable to title insurance companies, to
ensure that private property owners will not be affected,
either with the threat of losing possession to their property
or any impairment to the legal, equitable or clear title to
their property by the work of the Commission;
(G) safeguards, acceptable to the New Mexico State
Engineer, that clearly protect and do not in any way affect
the water rights of any person or entity;
(H) safeguards, acceptable to the various Native American
Tribes and Pueblos, that clearly protect the status quo
regarding existing Indian Lands;
(I) procedures, acceptable to the various Native American
Tribes and Pueblos, that--
(i) provide them with access to sacred sites that may
eventually be adjudicated as community land grants, and that
may become part of any reconstituted community land grant;
and
(ii) require that any such sites be identified by the
various Native American Tribes and Pueblos during the
development of the Code of Land Grant Claims Procedures for
the Commission;
(J) an outline of the rights and responsibilities of
community land grantees if a community land grant is
reconstituted; and
(K) any other items the Commission deems appropriate and
necessary.
(2) Review by congressional resource committees.--Prior to
beginning the examination of specific community land claims,
the Commission shall submit the Code of Land Claims Procedure
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives. The Committees shall have ninety days to
hold hearings and examine the Code. The Commission may not
commence evaluations of specific community land claims
earlier than the 90 days after the date of submission of the
Code under this subsection.
(f) Examination of Land Claims Located in New Mexico.--
(1) Submission of new mexico land claims petitions.--Any
three (or more) eligible descendants who are also descendants
of the same community land grant may file with the Commission
a petition on behalf of themselves and all other descendants
of that community land grant seeking a determination of the
validity of the land claim that is the basis for the
petition.
(2) Deadline for submission.--To be considered by the
Commission a petition under paragraph (1) must be received by
the Commission not later than five years after the date on
which the Committee on Energy and Natural Resources and the
Committee on Resources of the House of Representatives has
completed the 90-day review period.
(3) Elements of petition.--A petition under paragraph (1)
shall be made under oath and shall contain the following:
(A) The names and addresses of the eligible descendants who
are petitioners.
(B) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty and that such land is now within the
borders of the State of New Mexico.
(C) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey
or, if a survey is not feasible for them, a sketch map
thereof.
(D) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(E) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(4) Petition hearing.--At one or more designated locations
in the State of New Mexico, the Commission shall hold a
hearing upon each petition timely submitted under this
subsection, at which hearing all persons
[[Page H9572]]
having an interest in the land involved in the petition shall
have the right, upon notice, to appear as a party.
(5) Subpoena power.--
(A) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any petition submitted
under paragraph (1). The attendance of witnesses and the
production of evidence may be required from any place within
the United States at any designated place of hearing within
the State of New Mexico.
(B) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under subparagraph (A), the Commission
may apply to a United States district court for an order
requiring that person to appear before the Commission to give
testimony, produce evidence, or both, relating to the matter
under investigation. The application may be made within the
judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(C) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued
by a United States district court under the Federal Rules of
Civil Procedure for the United States district courts.
(D) Service of process.--All process of any court to which
application is to be made under subparagraph (B) may be
served in the judicial district in which the person required
to be served resides or may be found.
(6) Decision.--On the basis of the facts contained in a
petition submitted under paragraph (1), and the hearing held
with regard to the petition, the commission shall determine,
consistent with the Code of Land Claims Procedure, the
validity of the community land grant described in the
petition. The decision shall include a recommendation of the
Commission regarding whether the community land grant should
be reconstituted and its lands restored.
(7) Protection of Non-Federal Property.--The decision of
the Commission regarding the validity of a petition submitted
under paragraph (1) shall not affect the ownership, title or
rights of owners of any non-Federal lands covered by the
petition. Any recommendation of the Commission under
paragraph (6) regarding whether a community land grant should
be reconstituted and its lands restored may not address,
affect or otherwise involve non-Federal lands. In the case of
a valid petition covering lands held in non-Federal
ownership, the Commission shall modify the recommendation
under the paragraph (6) to recommend the substitution of
comparable Federal lands in the State of New Mexico for the
lands held in non-Federal ownership.
(g) Community Land Grant Study Center.--To assist the
Commission in the performance of its activities under
subsection (d), the commission shall establish a Community
Land Grant Study Center at the Onate Center in Alcalde, New
Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and
investigations necessary for the Commission to perform its
duties under this section.
(h) Miscellaneous Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate, and may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
subsection.
(3) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission so long
as it is determined that the acceptance of such gifts,
bequests or devises do not constitute a conflict of interest.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as the other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this section.
(6) Immunity.--The Commission is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
(i) Report.--As soon as practicable after reaching its last
decision under subsection (f), the Commission shall submit to
the President and the Congress a report containing each
decision, including the recommendation of the Commission
regarding whether certain community land grants should be
reconstituted, so that the Congress may act upon the
recommendations.
(j) Termination.--The Commission shall terminate on 180
days after submitting its final report under subsection (i).
(k) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of the fiscal years
1999 through 2007 for the purpose of carrying out the
activities of the Commission and to establish and operate the
Community Land Grant Study Center under subsection (g).
SEC. 1004. OTAY MOUNTAIN WILDERNESS.
(a) Findings.--The Congress finds and declares the
following:
(1) The public lands within the Otay Mountain region of
California are one of the last remaining pristine locations
in western San Diego County, California.
(2) This rugged mountain adjacent to the United States-
Mexico border is internationally known for its diversity of
unique and sensitive plants.
(3) This area plays a critical role in San Diego's multi-
species conservation plan, a national model made for
maintaining biodiversity.
(4) Due to its proximity to the international border, this
area is the focus of important law enforcement and border
interdiction efforts necessary to curtail illegal immigration
and protect the area's wilderness values.
(5) The illegal immigration traffic, combined with the
rugged topography, also presents unique fire management
challenges for protecting lives and resources.
(b) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands
in the California Desert District of the Bureau of Land
Management, California, comprising approximately 18,500 acres
as generally depicted on a map entitled ``Otay Mountain
Wilderness'' and dated May 7, 1998, are hereby designated as
wilderness and therefore as a component of the National
Wilderness Preservation System, which shall be known as the
Otay Mountain Wilderness.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, a map and a legal description for the
Wilderness Area shall be filed by the Secretary with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives.
Such map and legal description shall have the same force and
effect as if included in this Act, except that the Secretary,
as appropriate, may correct clerical and typographical errors
in such legal description and map. Such map and legal
description for the Wilderness Area shall be on file and
available for public inspection in the offices of the
Director and California State Director, Bureau of Land
Management, Department of the Interior.
(2) United states-mexico border.--In carrying out this
subsection, the Secretary shall ensure that the southern
boundary of the Wilderness Area is 100 feet north of the
trail depicted on the map referred to in paragraph (1) and is
at least 100 feet from the United States-Mexico international
border.
(e) Wilderness Review.--The Congress hereby finds and
directs that all the public lands not designated wilderness
within the boundaries of the Southern Otay Mountain
Wilderness Study Area (CA-060-029) and the Western Otay
Mountain Wilderness Study Area (CA-060-028) managed by the
Bureau of Land Management and reported to the Congress in
1991, have been adequately studied for wilderness designation
pursuant to section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), and are no longer
subject to the requirements contained in section 603(c) of
that Act pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation as wilderness.
(f) Administration of Wilderness Area.--
(1) In general.--Subject to valid existing rights and to
paragraph (2), the Wilderness Area shall be administered by
the Secretary in accordance with the provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in such provisions to the effective date
of the Wilderness Act is deemed to be a reference to the
effective date of this Act; and
(B) any reference in such provisions to the Secretary of
Agriculture is deemed to be a reference to the Secretary of
the Interior.
(2) Border enforcement, drug interdiction, and wildland
fire protection.--Because of the proximity of the Wilderness
Area to the United States-Mexico international border, drug
interdiction, border operations, and wildland fire management
operations are common management actions throughout the area
encompassing the Wilderness Area. This section recognizes the
need to continue such management actions so long as such
management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to
such conditions as the Secretary considers appropriate.
(g) Further Acquisitions.--Any lands within the boundaries
of the Wilderness Area that are acquired by the United States
after the date of enactment of this Act shall become part of
the Wilderness Area and shall be managed in accordance with
all the provisions of this section and other laws applicable
to such a wilderness.
(h) No Buffer Zones.--The Congress does not intend for the
designation of the Wilderness Area by this section to lead to
the creation of protective perimeters or buffer zones around
the Wilderness Area. The fact that nonwilderness activities
or uses can be seen or heard from areas within the Wilderness
Area shall not, of itself, preclude such activities or uses
up to the boundary of the Wilderness Area.
(i) Definitions.--As used in this section:
(1) Public lands.--The term ``public lands'' has the same
meaning as that term
[[Page H9573]]
has in section 103(e) of the Federal Land Policy and
Management Act of 1976.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means
the Otay Mountain Wilderness designated by subsection (b).
SEC. 1005. ACQUISITION AND MANAGEMENT OF WILCOX RANCH, UTAH,
FOR WILDLIFE HABITAT.
(a) Findings.--Congress finds the following:
(1) The lands within the Wilcox Ranch in eastern Utah are
prime habitat for wild turkeys, eagles, hawks, bears,
cougars, elk, deer, bighorn sheep, and many other important
species, and Range Creek within the Wilcox Ranch could become
a blue ribbon trout stream.
(2) These lands also contain a great deal of undisturbed
cultural and archeological resources, including ancient
pottery, arrowheads, and rock homes constructed centuries
ago.
(3) These lands, while comprising only approximately 3,800
acres, control access to over 75,000 acres of Federal lands
under the jurisdiction of the Bureau of Land Management.
(4) Acquisition of the Wilcox Ranch would benefit the
people of the United States by preserving and enhancing
important wildlife habitat, ensuring access to lands of the
Bureau of Land Management, and protecting priceless
archeological and cultural resources.
(5) These lands, if acquired by the United States, can be
managed by the Utah Division of Wildlife Resources at no
additional expense to the Federal Government.
(b) Acquisition of Lands.--As soon as practicable, after
the date of the enactment of this Act, the Secretary of the
Interior shall acquire, through purchase, the Wilcox Ranch
located in Emery County, in eastern Utah.
(c) Funds for Purchase.--The Secretary of the Interior is
authorized to use not more than $5,000,000 from the land and
water conservation fund established under section 2 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
5) for the purchase of the Wilcox Ranch under subsection (b).
(d) Management of Lands.--Upon payment by the State of Utah
of one-half of the purchase price of the Wilcox Ranch to the
United States, or transfer by the State of Utah of lands of
the same such value to the United States, the Secretary of
the Interior shall transfer to the State of Utah all right,
title, and interest of the United States in and to those
Wilcox Ranch lands acquired under subsection (b) for
management by the State Division of Wildlife Resources for
wildlife habitat and public access.
SEC. 1006. ACQUISITION OF MINERAL AND GEOTHERMAL INTERESTS
WITHIN MOUNT ST. HELENS NATIONAL VOLCANIC
MONUMENT.
(a) Findings.--Congress finds the following:
(1) The Act entitled ``An Act to designate the Mount St.
Helens National Volcanic Monument in the State of Washington,
and for other purposes'', approved August 26, 1982 (96 Stat.
301; 16 U.S.C. 431 note), required the United States to
acquire all land and interests in land in the Mount St.
Helens National Volcanic Monument.
(2) The Act directed the Secretary of Agriculture to
acquire the surface interests and the mineral and geothermal
interests by separate exchanges and expressed the sense of
Congress that the exchanges be completed by November 24,
1982, and August 26, 1983, respectively.
(3) The surface interests exchange was consummated timely,
but the exchange of all mineral and geothermal interests has
not yet been completed a decade and a half after the
enactment of that Act.
(b) Purpose.--The purpose of this section is to facilitate
and otherwise provide for the expeditious completion of the
previously mandated Federal acquisition of private mineral
and geothermal interests within the Mount St. Helens National
Volcanic Monument.
(c) Acquisition.--Section 3 of the Act entitled ``An Act to
designate the Mount St. Helens National Volcanic Monument in
the State of Washington, and for other purposes'', approved
August 26, 1982 (Public Law 97-243; 96 Stat. 302; 16 U.S.C.
431 note), is amended by adding at the end the following new
subsections:
``(g) Exchanges For Mineral and Geothermal Interests Held
by Certain Companies.--
``(1) Definition of company.--In this subsection, the term
`company' means a company referred to in subsection (c) or
its assigns or successors.
``(2) Exchange required.--Within 60 days after the date of
enactment of this subsection, the Secretary of the Interior
shall acquire by exchange the mineral and geothermal
interests in the Monument of each company.
``(3) Monetary credits.--
``(A) Issuance.--In exchange for all mineral and geothermal
interests acquired by the Secretary of the Interior from each
company under paragraph (2), the Secretary of the Interior
shall issue to each such company monetary credits with a
value of $2,100,000 that may be used for the payment of--
``(i) not more than 50 percent of the bonus or other
payments made by successful bidders in any sales of mineral,
oil, gas, or geothermal leases under the Mineral Leasing Act
(30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) in the contiguous 48 States;
``(ii) not more than 10 percent of the bonus or other
payments made by successful bidders in any sales of mineral,
oil, gas, or geothermal leases in Alaska under the laws
specified in clause (i);
``(iii) not more than 50 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil or gas, or geothermal lease in the
contiguous 48 States issued under the laws specified in
clause (i); or
``(iv) not more than 10 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil or gas, or geothermal lease in Alaska issued
under the laws specified in clause (i).
``(B) Value of credits.--The total credits of $4,200,000 in
value issued under subparagraph (A) are deemed to equal the
fair market value of all mineral and geothermal interests to
be conveyed by exchange under paragraph (2).
``(4) Acceptance of credits.--The Secretary of the Interior
shall accept credits issued under paragraph (3)(A) in the
same manner as cash for the payments described in such
paragraph. The use of the credits shall be subject to the
laws (including regulations) governing such payments, to the
extent the laws are consistent with this subsection.
``(5) Treatment of credits for distribution to states.--All
amounts in the form of credits accepted by the Secretary of
the Interior under paragraph (4) for the payments described
in paragraph (3)(A) shall be considered to be money received
for the purpose of section 35 of the Mineral Leasing Act (30
U.S.C. 191) and section 20 of the Geothermal Steam Act of
1970 (30 U.S.C. 1019).
``(6) Exchange account.--
``(A) Establishment.--Notwithstanding any other provision
of law, not later than 30 days after the completion of the
exchange with a company required by paragraph (2), the
Secretary of the Interior shall establish an exchange account
for that company for the monetary credits issued to that
company under paragraph (3). The account for a company shall
be established with the Minerals Management Service of the
Department of the Interior and have an initial balance of
credits equal to $2,100,000.
``(B) Use of credits.--The credits in a company's account
shall be available to the company for the purposes specified
in paragraph (3)(A). The Secretary of the Interior shall
adjust the balance of credits in the account to reflect
credits accepted by the Secretary of the Interior pursuant to
paragraph (4).
``(C) Transfer or sale of credits.--
``(i) Transfer or sale authorized.--A company may transfer
or sell any credits in the company's account to another
person.
``(ii) Use of transferred credits.--Credits transferred or
sold under clause (i) may be used in accordance with this
subsection only by a person that is qualified to bid on, or
that holds, a mineral, oil, or gas lease under the Mineral
Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.).
``(iii) Notification.--Within 30 days after the transfer or
sale of any credits by a company, that company shall notify
the Secretary of the Interior of the transfer or sale. The
transfer or sale of any credit shall not be considered valid
until the Secretary of the Interior has received the
notification required under this clause.
``(D) Time limit on use of credits.--On the date that is 5
years after the date on which an account is created under
subparagraph (A) for a company, the Secretary of the Interior
shall terminate that company's account. Any credits that
originated in the terminated account and have not been used
as of the termination date, including any credits transferred
or sold under subparagraph (C), shall become unusable.
``(7) Title to interests.--On the date of the establishment
of an exchange account for a company under paragraph (6)(A),
title to any mineral and geothermal interests that are held
by the company and are to be acquired by the Secretary of the
Interior under paragraph (2) shall transfer to the United
States.
``(h) Other Mineral and Geothermal Interests.--Within 180
days after the date of the enactment of this subsection, the
Secretary shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report--
``(1) identifying all remaining privately held mineral
interests within the boundaries of the Monument referred to
in section 1(a); and
``(2) setting forth a plan and a timetable by which the
Secretary would propose to complete the acquisition of such
interests.''.
SEC. 1007. OPERATION AND MAINTENANCE OF CERTAIN WATER
IMPOUNDMENT STRUCTURES IN THE EMIGRANT
WILDERNESS, STANISLAUS NATIONAL FOREST,
CALIFORNIA.
(a) Agreement To Operate and Maintain Certain Water
Impoundment Structures.--The Secretary of Agriculture shall
enter into a cooperative agreement with a qualified non-
Federal entity under which the entity shall assume the
responsibility to operate
[[Page H9574]]
and maintain all the following water impoundment structures
within the boundaries of the Emigrant Wilderness in the
Stanislaus National Forest, California:
(1) Horse Meadow enhancement structure.
(2) Red Can Lake level structure.
(3) Yellowhammer Lake level structure.
(4) Huckleberry Lake level structure.
(5) Long streamflow maintenance structure.
(6) Lower Buck streamflow maintenance structure.
(7) Leighton streamflow maintenance structure.
(8) High Emigrant streamflow maintenance structure.
(9) Emigrant Meadow streamflow maintenance structure.
(10) Middle Emigrant streamflow maintenance structure.
(11) Emigrant streamflow maintenance structure.
(12) Snow streamflow maintenance structure.
(13) Bigelow streamflow maintenance structure.
(b) Responsibilities of the Secretary.--The Secretary
shall--
(1) prepare a map identifying the location, size, and type
of each water impoundment structure listed in subsection (a);
(2) share equally with the non-Federal entity the
administrative cost of complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
all other applicable laws, except that the cost share of the
non-Federal entity shall not exceed $5,000;
(3) prescribe terms and conditions of the cooperative
agreement that sets forth the rights and obligations of the
Secretary and the non-Federal entity, including, at a
minimum, provisions that--
(A) require the non-Federal entity to conduct its operation
and maintenance activities in accordance with a plan of
operations approved by the Secretary;
(B) require approval by the Secretary of all operation and
maintenance activities conducted by the non-Federal entity;
(C) require the Secretary to solicit public involvement
during any environmental analysis under NEPA in accordance
with the Forest Service NEPA procedures;
(D) require the non-Federal entity to comply with all
applicable State and Federal environmental, public health,
and safety requirements;
(E) establish monitoring standards; and
(F) establish enforcement standards, including provisions
for termination for noncompliance with terms and conditions;
and
(4) ensure that the non-Federal entity is in compliance
with the terms and conditions of this section and the
cooperative agreement.
(c) Responsibilities of the Non-Federal Entity.--
(1) In general.--The non-Federal entity shall be
responsible for carrying out its operation and maintenance
activities on the structures listed in subsection (a) in
conformance with this section and the cooperative agreement.
(2) Operation and maintenance costs.--The non-Federal
entity shall be responsible for the costs associated with the
maintenance and operation of the structures listed in
subsection (a).
(3) Safety requirements.--Maintenance referred to in
paragraphs (1) and (2) includes any reconstruction or
rehabilitation necessary to meet applicable State and Federal
public health and safety requirements.
(d) Failure To Consummate an Agreement.--The Secretary
shall not be obligated to maintain any of the structures
listed in subsection (a) if--
(1) within 365 days after the date of the enactment of this
Act, the Secretary is unable to identify any qualified non-
Federal entity that is willing to enter into a cooperative
agreement regarding the operation and maintenance of the
water impoundment structures listed in subsection (a), or
(2) within 365 days after the date of the termination of a
cooperative agreement entered into under subsection (a), the
Secretary is unable to identify any non-Federal entity
qualified and willing to enter into a subsequent cooperative
agreement regarding the operation and maintenance of the
water impoundment structures listed in subsection (a).
(e) Prohibition of Mechanized Transport and Motorized
Equipment.--The use of mechanized transport and motorized
equipment to operate and maintain the structures listed in
section 1(a) is prohibited.
(f) Definitions.--In this section:
(1) Non-federal entity.--The term ``non-Federal entity''
means a nonprofit organization that is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)), any State or local government or
political subdivision of such a government, or any private
individual, organization, corporation, or other legal entity.
(2) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 1008. EAST TEXAS BLOWDOWN-NEPA PARITY.
(a) In General.--The Secretary of Agriculture or the
Secretary of the Interior, as appropriate, shall request the
Council on Environmental Quality to approve alternative
arrangements under part 1506.11 of title 40, Code of Federal
Regulations, authorizing removal of dead, downed, or severely
root-sprung trees in areas described in subsection (b), that
are similar to the alternative arrangements approved by the
Council on Environmental Quality for National Forests and
Grasslands in Texas, as set forth in a letter from the
Chairman of the Council on Environmental Quality to the
Deputy Chief of the National Forest System dated March 10,
1998.
(b) Areas Described.--The areas referred to in subsection
(a) are the following:
(1) Approximately 20,000 acres of blowdown forest in the
Routt National Forest, Colorado.
(2) Approximately 700 acres of blowdown forest in the Rio
Grande National Forest, Colorado.
(3) Approximately 50,000 acres of bark beetle infested
forest in the Dixie National Forest, Utah.
(4) Approximately 25,000 acres of insect and fuel-loading
conditions on National Forest System lands in the Tahoe
Basin, California.
(5) Approximately 28,000 acres of fire-damaged, dead, and
dying trees in the Malheur National Forest, Oregon.
(6) Approximately 10,000 acres of gypsy moth infestation in
the Allegheny National Forest, Pennsylvania.
(7) Approximately 5,000 acres of severely ice damaged
forests in the White Mountain National Forest, New Hampshire,
and the Green Mountain National Forest, Vermont.
(8) Approximately 10,000 acres of severe Mountain pine
beetle damaged forests in the Panhandle National Forest,
Nezperce National Forest, and Boise National Forest, Idaho.
(9) Approximately 10,000 acres of severely ice damaged
forests in the Daniel Boone National Forest, Kentucky.
(10) Approximately 15,000 acres of fire-damaged, dead, and
dying trees in the Osceola National Forest and Apalachica
National Forest, Florida.
(c) Consideration of Requests.--Upon receipt of a request
under subsection (a), the Council on Environmental Quality
shall promptly consider and approve or disapprove the
request.
(d) Regulations.--The Chairman of the Council on
Environmental Quality shall, by not later than 180 days after
the date of the enactment of this Act, issue regulations--
(1) governing the approval of alternative arrangements
under part 1506.11 of title 40, Code of Federal Regulations,
pursuant to requests under subsection (a); and
(2) establishing criteria under which those requests will
be considered and approved or disapproved.
SEC. 1009. EXEMPTION FOR CERTAIN RIGHT-OF-WAY HOLDERS FROM
STRICT LIABILITY FOR RECOVERY OF FIRE
SUPPRESSION COSTS.
Section 504(h) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1764(h)) is amended by adding at the
end the following:
``(3) Fire suppression costs.--In the regulations required
under this subsection, the Secretary concerned may not impose
liability without fault against any holder of a right-of-way
granted, issued, or renewed under section 501(a)(4) to
recover fire suppression costs incurred by the United States
with respect to right-of-way.''.
SEC. 1010. STUDY OF IMPROVED OUTDOOR RECREATIONAL ACCESS FOR
PERSONS WITH DISABILITIES.
(a) Study Required.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly provide for the
conduct of a study to consider ways to improve the access of
persons with disabilities to outdoor recreational
opportunities (such as fishing, hunting, shooting, trapping,
wildlife viewing, hiking, boating, and camping) that are made
available to the public on the Federal lands described in
subsection (b).
(b) Covered Federal Lands.--The Federal lands referred to
in subsection (a) are the following:
(1) National Forest System lands.
(2) Units of the National Park System.
(3) Areas in the National Wildlife Refuge System.
(4) Lands administered by the Bureau of Land Management.
(c) Performance by Independent Entity.--To conduct the
study under this section, the Secretaries shall select an
independent entity in the private sector that has
demonstrated expertise in issues regarding improved access
for persons with disabilities. The Secretaries shall consult
with the National Council on Disability regarding the
selection of the independent entity.
(d) Report on Study.--Not later than 18 months after the
date of the enactment of this Act, the entity conducting the
study shall submit to the Secretaries and the Congress a
report that sets forth the results of the study.
SEC. 1011. COMMUNICATION SITE.
(a) In General.--The site located directly below
Inspiration Point within the San Jacinto Ranger District of
the San Bernardino National Forest, California, on which
communications facilities are located on August 1, 1998, is
hereby designated to be used for communication purposes by
the persons who operate such communications facilities on
such date and their successors or assigns until such time as
such persons, successors, or assigns no longer require the
use of such site and provide written notice to that effect to
the Forest Service.
(b) Limitation.--Nothing in this subsection (a) shall be
construed to--
(1) excuse such persons, successors, or assigns from
complying with requirements of law or regulation that do not
unreasonably or unduly restrict the continued use of such
site;
[[Page H9575]]
(2) require the site to be made available to other persons
for communications use or other purposes; and
(3) require dedication of the site for continued use for
communications purposes after the notice referred to in
subsection (a).
SEC. 1012. AMENDMENT OF THE OUTER CONTINENTAL SHELF LANDS
ACT.
Section 8(k)(2)(B) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(k)(2)(B)) is amended by striking ``an agency
of the Federal Government'' and inserting ``a Federal, State,
or local government agency''.
SEC. 1013. LEASING OF CERTAIN RESERVED MINERAL INTERESTS.
(a) Application of Mineral Leasing Act.--Notwithstanding
the provisions of section 4 of the 1964 Public Land Sale Act
(P.L. 88-608, 78 Stat. 988), the Federal reserved mineral
interests in lands conveyed under that Act by United States
land patents No. 49-71-0059 and No. 49-71-0065 shall be
subject to the operation of the Mineral Leasing Act (30
U.S.C. 181 et seq.).
(b) Entry.--Any person who acquires any lease under the
Mineral Leasing Act for the interests referred to in
subsection (a) may exercise the right to enter reserved to
the United States and persons authorized by the United States
in the patents conveying the lands described in subsection
(a) by occupying so much of the surface thereof as may be
required for all purposes reasonably incident to the
exploration for, and extraction and removal of, the leased
minerals by either of the following means:
(1) By securing the written consent or waiver of the
patentee.
(2) In the absence of such consent or waiver, by posting a
bond or other financial guarantee with the Secretary of the
Interior in an amount sufficient to insure--
(A) the completion of reclamation pursuant to the
Secretary's requirements under the Mineral Leasing Act, and
(B) the payment to the surface owner for--
(i) any damages to crops and tangible improvements of the
surface owner that result from activities under the mineral
lease, and
(ii) any permanent loss of income to the surface owner due
to loss or impairment of grazing use, or of other uses of the
land by the surface owner at the time of commencement of
activities under the mineral lease.
(c) Lands Covered by Patent No. 49-71-0065.--In the case of
the lands in United States patent No. 49-71-0065, the
preceding provisions of this section take effect January 1,
1997.
SEC. 1014. OIL AND GAS WELLS IN WAYNE NATIONAL FOREST, OHIO.
(a) Authority.--The Secretary of the Interior may enter
into noncompetitive oil and gas production and reclamation
contracts in accordance with this section with operators of
wells in the Wayne National Forest in the State of Ohio who
meet the criteria of section 17(b)(3)(A) of the Act of
February 25, 1920 (30 U.S.C. 226(b)(3)(A)) pursuant to
private land mineral leases which were in effect on and after
the date of the enactment of this section, subject to the
same laws and regulations that applied to those private land
mineral leases.
(b) Additional Drilling.--No contract under this section
may authorize deeper completions or additional drilling.
(c) Bonding.--
(1) Waiver of Federal bonding.--Each contract under this
section shall require the contractor to provide a Federal oil
and gas bond to ensure complete and timely reclamation of the
former lease tract in accordance with the regulations of the
Bureau of Land Management and the Forest Service, unless the
Secretary of the Interior accepts in lieu thereof assurances
from the Ohio Department of Natural Resources, Division of
Oil and Gas, that--
(A) the contractor has duly satisfied the bonding
requirements of the State of Ohio; and following inspection
of operator performance, the Ohio Department of Natural
Resources is not opposed to such waiver of Federal bonding
requirements;
(B) the United States of America is entitled to apply for
and receive funding under the provision of section 1509.071
of the Ohio Revised Code so as to properly plug and restore
oil and gas sites and lease tracts; and
(C) during the 2 years prior to the date on which the
contract is entered into no less than 20 percent of Ohio
State severance tax revenues has been allocated to the State
of Ohio Orphan Well Fund.
(2) Continued compliance with 20 percent requirement.--In
entering into any contract under this section, the Secretary
of the Interior shall reserve the right to require the
contractor to comply with all Federal oil and gas bonding
requirements applicable to Federal oil and gas leases under
the regulations of the Bureau of Land Management and the
Forest Service whenever the Secretary finds that less than 20
percent of Ohio State severance tax revenues has been
allocated to the State of Ohio Orphan Well Fund.
SEC. 1015. MEMORIAL TO MR. BENJAMIN BANNEKER IN THE DISTRICT
OF COLUMBIA.
(a) Memorial Authorized.--The Washington Interdependence
Council of the District of Columbia is authorized to
establish a memorial in the District of Columbia to honor and
commemorate the accomplishments of Mr. Benjamin Banneker.
(b) Compliance With Standards For Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001 et seq.).
(c) Payment of Expenses.--The Washington Interdependence
Council shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the
establishment of the memorial. No Federal funds may be used
to pay any expense of the establishment of the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the memorial (including the
maintenance and preservation amount required under section
8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))), or
upon expiration of the authority for the memorial under
section 10(b) of such Act (40 U.S.C. 1010(b)), there remains
a balance of funds received for the establishment of the
memorial, the Washington Interdependence Council shall
transmit the amount of the balance to the Secretary of the
Treasury for deposit in the account provided for in section
8(b)(1) of such Act (40 U.S.C. 1008(b)(1)).
SEC. 1016. PROTECTION OF SANCTITY OF CONTRACTS AND LEASES OF
SURFACE PATENT HOLDERS WITH RESPECT TO COALBED
METHANE GAS.
(a) In General.--Subject to subsection (b), the United
States shall recognize as not infringing upon any ownership
rights of the United States to coalbed methane any--
(1) contract or lease covering any land that was conveyed
by the United States under the Act entitled ``An Act for the
protection of surface rights of entrymen'', approved March 3,
1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide
for agricultural entries on coal lands'', approved June 22,
1910 (30 U.S.C. 83 et seq.), that--
(A) was entered into by a person who has title to the land
derived under those Acts, and
(B) conveys rights to explore for, extract, and sell
coalbed methane from the land; or
(2) coalbed methane production from the land described in
paragraph (1) by a person who has title to the land and who,
on or before the date of enactment of this Act, has filed an
application with the State oil and gas regulating agency for
a permit to drill an oil and gas well to a completion target
located in a coal formation.
(b) Application.--Subsection (a)--
(1) shall apply only to a valid contract or lease described
in subsection (a) that is in effect on the date of enactment
of this Act;
(2) shall not otherwise change the terms or conditions of,
or affect the rights or obligations of any person under, such
a contract or lease;
(3) shall apply only to land with respect to which the
United States is the owner of coal reserved to the United
States in a patent issued under the Act of March 3, 1909 (30
U.S.C. 81), or the Act of June 22, 1910 (30 U.S.C. 83 et
seq.), the position of the United States as the owner of the
coal not having passed to a third party by deed, patent, or
other conveyance by the United States;
(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United States to a
federally recognized Indian tribe, including any conveyance,
restoration, or transfer made pursuant to the Indian
Reorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as
amended); the Act of June 28, 1938 (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3 Fed. Reg.
1425); and including the area described in section 3 of
Public Law 98-290; or any executive order;
(5) shall not be construed to constitute a waiver of any
rights of the United States with respect to coalbed methane
production that is not subject to subsection (a); and
(6) shall not limit the right of any person who entered
into a contract or lease before the date of enactment of this
Act, or enters into a contract or lease on or after the date
of enactment of this Act, for coal owned by the United
States, to mine and remove the coal and to release coalbed
methane without liability to any person referred to in
subsection (a)(1)(A) or (a)(2).
TITLE XI--AMENDMENTS AND TECHNICAL CORRECTIONS TO 1996 OMNIBUS PARKS
ACT
SEC. 1100. REFERENCE TO OMNIBUS PARKS AND PUBLIC LANDS
MANAGEMENT ACT OF 1996.
In this title, the term ``Omnibus Parks Act'' means the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4093).
Subtitle A--Technical Corrections to the Omnibus Parks Act
SEC. 1101. PRESIDIO OF SAN FRANCISCO.
Title I of division I of the Omnibus Parks Act (16 U.S.C.
460bb note) is amended as follows:
(1) In section 101(2) (110 Stat. 4097), by striking ``the
Presidio is'' and inserting ``the Presidio was''.
(2) In section 103(b)(1) (110 Stat. 4099), by striking
``other lands administrated by the Secretary.'' in the last
sentence and inserting ``other lands administered by the
Secretary.''.
(3) In section 105(a)(2) (110 Stat. 4104), by striking ``in
accordance with section 104(h) of this title.'' and inserting
``in accordance with section 104(i) of this title.''.
SEC. 1102. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of division I of the Omnibus Parks Act (110
Stat. 4110; 16 U.S.C. 81p) is amended by striking ``depicted
on the map dated August 1993, numbered 333/80031A,'' and
inserting ``depicted on the map dated August 1996, numbered
333/80031B,''.
SEC. 1103. MERCED IRRIGATION DISTRICT.
Section 218(a) of division I of the Omnibus Parks Act (110
Stat. 4113) is amended by
[[Page H9576]]
striking ``this Act'' and inserting ``this section''.
SEC. 1104. BIG THICKET NATIONAL PRESERVE.
Section 306(d) of division I of the Omnibus Parks Act (110
Stat. 4132; 16 U.S.C. 698 note) is amended by striking
``until the earlier of the consummation of the exchange of
July 1, 1998,'' and inserting ``until the earlier of the
consummation of the exchange or July 1, 1998,''.
SEC. 1105. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
Section 311 of division I of the Omnibus Parks Act (110
Stat. 4139) is amended as follows:
(1) In subsection (d)(2)(B)(ii), by striking ``W, Seward
Meridian'' and inserting ``W., Seward Meridian''.
(2) In subsection (f)(1), by striking ``to be know'' and
inserting ``to be known''.
SEC. 1106. LAMPREY WILD AND SCENIC RIVER.
(a) Technical Correction.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C 1274(a)), as amended by section
405(a) of division I of the Omnibus Parks Act (110 Stat.
4149), is amended in the second sentence of the unnumbered
paragraph relating to the Lamprey River, New Hampshire, by
striking ``through cooperation agreements'' and inserting
``through cooperative agreements''.
(b) Cross Reference.--Section 405(b)(1) of division I of
the Omnibus Parks Act (110 Stat. 4149; 16 U.S.C. 1274 note)
is amended by striking ``this Act'' and inserting ``the Wild
and Scenic Rivers Act''.
SEC. 1107. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of division I of the Omnibus Parks Act (110
Stat. 4154; 16 U.S.C. 461 note) is amended by striking ``by
the Vancouver Historical Assessment' published''.
SEC. 1108. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508 of division I of the Omnibus Parks Act (110
Stat. 4157, 40 U.S.C. 1003 note) is amended as follows:
(1) In subsection (a), by striking ``of 1986'' and
inserting ``(40 U.S.C. 1001 et seq.)'';.
(2) In subsection (b), by striking ``the Act'' and all that
follows through ``1986'' and inserting ``the Commemorative
Works Act''.
(3) In subsection (d), by striking ``the Act referred to in
section 4401(b))'' and inserting ``the Commemorative Works
Act)''.
SEC. 1109. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
The first sentence of section 205(g) of the National
Historic Preservation Act (16 U.S.C. 470m(g)), as amended by
section 509(c) of division I of the Omnibus Parks Act (110
Stat. 4157), is amended by striking ``for the purpose.'' and
inserting ``for that purpose.''.
SEC. 1110. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of division I of the Omnibus Parks Act
(110 Stat. 4158; 16 U.S.C. 461 note) is amended by striking
``the contribution of our national heritage'' and inserting
``the contribution to our national heritage''.
SEC. 1111. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Section 511 of division I of the Omnibus Parks Act (110
Stat. 4159; 16 U.S.C. 410ddd) is amended as follows:
(1) In the section heading, by striking ``national historic
landmark district'' and inserting ``whaling national
historical park''.
(2) In subsection (c)--
(A) in paragraph (1), by striking ``certain districts
structures, and relics'' and inserting ``certain districts,
structures, and relics''; and
(B) in paragraph (2)(A)(i), by striking ``The area included
with the New Bedford National Historic Landmark District,
known as the'' and inserting ``The area included within the
New Bedford Historic District (a National Landmark District),
also known as the''.
(3) In subsection (d)(2), by striking ``to provide''.
(4) By redesignating the second subsection (e) and
subsection (f) as subsections (f) and (g), respectively.
(5) In subsection (g), as so redesignated--
(A) in paragraph (1), by striking ``section 3(D).'' and
inserting ``subsection (d).''; and
(B) in paragraph (2)(C), by striking ``cooperative grants
under subsection (d)(2).'' and inserting ``cooperative
agreements under subsection (e)(2).''.
SEC. 1112. NICODEMUS NATIONAL HISTORIC SITE.
Section 512(a)(1)(B) of division I of the Omnibus Parks Act
(110 Stat. 4163; 16 U.S.C. 461 note) is amended by striking
``Afican-Americans'' and inserting ``African-Americans''.
SEC. 1113. UNALASKA.
Section 513(c) of division I of the Omnibus Parks Act (110
Stat. 4165; 16 U.S.C. 461 note) is amended by striking
``whall be comprised'' and inserting ``shall be comprised''.
SEC. 1114. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC
PRESERVATION STUDY.
Section 603(d)(2) of division I of the Omnibus Parks Act
(110 Stat. 4172; 16 U.S.C. 1a-5 note) is amended by striking
``subsection (b) shall--'' and inserting ``paragraph (1)
shall--''.
SEC. 1115. SHENANDOAH VALLEY BATTLEFIELDS.
Section 606 of division I of the Omnibus Parks Act (110
Stat. 4175; 16 U.S.C. 461 note) is amended as follows:
(1) In subsection (d)--
(A) in paragraph (1), by striking ``section 5.'' and
inserting ``subsection (e).'';
(B) in paragraph (2), by striking ``section 9.'' and
inserting ``subsection (h).''; and
(C) in paragraph (3), by striking ``Commission plan
approved by the Secretary under section 6.'' and inserting
``plan developed and approved under subsection (f).''.
(2) In subsection (f)(1), by striking ``this Act'' and
inserting ``this section''.
(3) In subsection (g)--
(A) in paragraph (3), by striking ``purposes of this Act''
and inserting ``purposes of this section''; and
(B) in paragraph (5), by striking ``section 9.'' and
inserting ``subsection (i).''.
(4) In subsection (h)(12), by striking ``this Act'' and
inserting ``this section''.
SEC. 1116. WASHITA BATTLEFIELD.
Section 607 of division I of the Omnibus Parks Act (110
Stat. 4181; 16 U.S.C. 461 note) is amended--
(1) in subsection (c)(3), by striking ``this Act'' and
inserting ``this section''; and
(2) in subsection (d)(2), by striking ``local land owners''
and inserting ``local landowners''.
SEC. 1117. SKI AREA PERMIT RENTAL CHARGE.
Section 701 of division I of the Omnibus Parks Act (110
Stat 4182; 16 U.S.C. 497c) is amended as follows:
(1) In subsection (b)(2), by striking ``1992'' and
inserting ``1993''.
(2) In subsection (b)(3), by striking ``legislated by this
Act'' and inserting ``required by this section''.
(3) In subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``formula of this Act'' and inserting ``formula of this
section''; and
(B) in paragraphs (1), (2), and (3) and in the sentence
below paragraph (3)--
(i) by inserting ``adjusted gross revenue for the'' before
``1994-1995 base year'' each place it appears ; and
(ii) by striking ``this Act'' each place it appears and
inserting ``this section''.
(4) In subsection (f), by inserting inside the parenthesis
``offered for commercial or other promotional purposes''
after ``complimentary lift tickets''.
(5) In subsection (i), by striking ``this Act'' and
inserting ``this section''.
SEC. 1118. GLACIER BAY NATIONAL PARK.
Section 3 of Public Law 91-383 (16 U.S.C. 1a-2), as amended
by section 703 of division I of the Omnibus Parks Act (110
Stat. 4185), is amended as follows:
(1) In subsection (g), by striking ``bearing the cost of
such exhibits and demonstrations;'' and inserting ``bearing
the cost of such exhibits and demonstrations.''.
(2) By capitalizing the first letter of the first word in
each of the subsections (a) through (i).
(3) By striking the semicolon at the end of each of the
subsections (a) through (f) and at the end of subsection (h)
and inserting a period.
(4) In subsection (i), by striking ``; and'' and inserting
a period.
(5) By conforming the margins of subsection (j) with the
margins of the preceding subsections.
SEC. 1119. ROBERT J. LAGOMARSINO VISITOR CENTER.
Section 809(b) of division I of the Omnibus Parks Act (110
Stat. 4189; 16 U.S.C. 410ff note) is amended by striking
``section 301'' and inserting ``subsection (a)''.
SEC. 1120. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
(a) Technical Corrections.--Section 814 of division I of
the Omnibus Parks Act (110 Stat. 4190) is amended as follows:
(1) In subsection (a) (16 U.S.C. 17o note)--
(A) in paragraph (6), by striking ``this Act'' and
inserting ``this section'';
(B) in paragraph (7)(B), by striking ``Comptetitive
leasing.--'' and inserting ``Competitive leasing.--'';
(C) in paragraph (9), by striking ``granted by statue'' and
inserting ``granted by statute'';
(D) in paragraph (11)(B)(ii), by striking ``more cost
effective'' and inserting ``more cost-effective'';
(E) in paragraph (13), by striking ``paragraph (13),'' and
inserting ``paragraph (12),''; and
(F) in paragraph (18), by striking ``under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any
lease of seasonal quarters under subsection (l),'' and
inserting ``under paragraph (7)(A) and any lease under
paragraph (11)''.
(2) In subsection (d)(2)(E), by striking ``is amended''.
(b) Change to Plural.--Section 7(c)(2) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(c)(2)),
as added by section 814(b) of the Omnibus Parks Act (110
Stat. 4194), is amended as follows:
(1) In subparagraph (C), by striking ``lands, water, and
interest therein'' and inserting ``lands, waters, and
interests therein''.
(2) In subparagraph (F), by striking ``lands, water, or
interests therein, or a portion of whose lands, water, or
interests therein,'' and inserting ``lands, waters, or
interests therein, or a portion of whose lands, waters, or
interests therein,''.
(c) Add Missing Word.--Section 2(b) of Public Law 101-337
(16 U.S.C. 19jj-1(b)), as amended by section 814(h)(3) of the
Omnibus Parks Act (110 Stat. 4199), is amended by inserting
``or'' after ``park system resource''.
SEC. 1121. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR.
Section 6(d)(2) of the Act entitled ``An Act to establish
the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986
(Public Law 99-647; 16 U.S.C. 461 note), as added by section
901(c) of division I of the Omnibus Parks Act (110 Stat.
4202), is
[[Page H9577]]
amended by striking ``may be made in the approval plan'' and
inserting ``may be made in the approved plan''.
SEC. 1122. TALLGRASS PRAIRIE NATIONAL PRESERVE.
Subtitle A of title X of division I of the Omnibus Parks
Act is amended as follows:
(1) In section 1002(a)(4)(A) (110 Stat. 4204; 16 U.S.C.
689u(a)(4)(A)), by striking ``to purchase'' and inserting
``to acquire''.
(2) In section 1004(b) (110 Stat. 4205; 16 U.S.C. 689u-
2(b)), by striking ``of June 3, 1994,'' and inserting ``on
June 3, 1994,''.
(3) In section 1005 (110 Stat. 4205; 16 U.S.C. 689u-3)--
(A) in subsection (d)(1), by striking ``this Act'' and
inserting ``this subtitle''; and
(B) in subsection (g)(3)(A), by striking ``the tall grass
prairie'' and inserting ``the tallgrass prairie''.
SEC. 1123. RECREATION LAKES.
(a) Technical Corrections.--Section 1021(a) of division I
of the Omnibus Parks Act (110 Stat. 4210; 16 U.S.C. 460l-10e
note) is amended as follows:
(1) By striking ``manmade lakes'' both places it appears
and inserting ``man-made lakes''.
(2) By striking ``for recreational opportunities at
federally-managed'' and inserting ``for recreational
opportunities at federally managed''.
(b) Advisory Commission.--Section 13 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-10e), as added
by section 1021(b) of the Omnibus Parks Act (110 Stat. 4210),
is amended as follows:
(1) In subsection (b)(6), by striking ``recreation related
infrastructure.'' and inserting ``recreation-related
infrastructure.''.
(2) In subsection (e)--
(A) by striking ``water related recreation'' in the first
sentence and inserting ``water-related recreation'';
(B) in paragraph (2), by striking ``at federally-managed
lakes'' and inserting ``at federally managed lakes''; and
(C) by striking ``manmade lakes'' each place it appears and
inserting ``man-made lakes''.
SEC. 1124. FOSSIL FOREST PROTECTION.
Section 103 of the San Juan Basin Wilderness Protection Act
of 1984 (43 U.S.C. 178), as amended by section 1022(e) of the
Omnibus Parks Act (110 Stat. 4213), is amended as follows:
(1) In subsections (b)(1) and (e)(1), by striking
``Committee on Natural Resources'' and inserting ``Committee
on Resources''.
(2) In subsection (e)(1), by striking ``this Act'' and
inserting ``this subsection''.
SEC. 1125. OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA.
Section 1023(c)(1)(A) of division I of the Omnibus Parks
Act (110 Stat. 4215; 16 U.S.C. 545b(c)(1)(A)) is amended by
striking ``of 1964''.
SEC. 1126. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
Section 1029 of division I of the Omnibus Parks Act (110
Stat. 4232; 16 U.S.C. 460kkk) is amended as follows:
(1) In the section heading, by striking ``recreation area''
and inserting ``national recreation area''.
(2) In subsection (b)(1), by inserting quotation marks
around the term ``recreation area''.
(3) In subsection (e)(3)(B), by striking ``subsections (b)
(3), (4), (5), (6), (7), (8), (9), and (10).'' and inserting
``subparagraphs (C), (D), (E), (F), (G), (H), (I), and (J) of
paragraph (2).''.
(4) In subsection (f)(2)(A)(i), by striking ``profit sector
roles'' and inserting ``private-sector roles''.
(5) In subsection (g)(1), by striking ``and revenue raising
activities.'' and inserting ``and revenue-raising
activities.''.
SEC. 1127. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3(b)(1) of Public Law 100-479 (16 U.S.C. 410oo-
2(b)(1)), as added by section 1030 of the Omnibus Parks Act
(110 Stat. 4238), is amended by striking ``and visitors'
center'' and inserting ``and visitor center''.
SEC. 1128. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA.
Section 1035 of division I of the Omnibus Parks Act (110
Stat. 2240) is amended as follows:
(1) In the section heading, by striking ``regulations'' and
inserting ``regulation''.
(2) In subsection (c), by striking ``this Act'' and
inserting ``this section''.
SEC. 1129. NATIONAL COAL HERITAGE AREA.
Title I of division II of the Omnibus Parks Act (16 U.S.C.
461 note) is amended as follows:
(1) In section 104(4) (110 Stat. 4244), by striking
``history preservation'' and inserting ``historic
preservation''.
(2) In section 105 (110 Stat. 4244), by striking
``paragraphs (2) and (5) of section 104'' and inserting
``paragraph (2) of section 104''.
(3) In section 106(a)(3) (110 Stat. 4244), by striking ``or
Secretary'' and inserting ``or the Secretary''.
SEC. 1130. TENNESSEE CIVIL WAR HERITAGE AREA.
Title II of division II of the Omnibus Parks Act (16 U.S.C.
461 note) is amended as follows:
(1) In section 201(b)(4) (110 Stat. 4245), by striking
``and associated sites associated'' and insert ``and sites
associated''.
(2) In section 207(a) (110 Stat. 4248), by striking ``as
provide for'' and inserting ``as provided for''.
SEC. 1131. AUGUSTA CANAL NATIONAL HERITAGE AREA.
Section 301(1) of division II of the Omnibus Parks Act (110
Stat. 4249; 16 U.S.C. 461 note) is amended by striking
``National Historic Register of Historic Places,'' and
inserting ``National Register of Historic Places,''.
SEC. 1132. ESSEX NATIONAL HERITAGE AREA.
Section 501(8) of division II of the Omnibus Parks Act (110
Stat. 4257; 16 U.S.C. 461 note) is amended by striking ``a
visitors' center'' and inserting ``a visitor center''.
SEC. 1133. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
Title VIII of division II of the Omnibus Parks Act (16
U.S.C. 461 note) is amended as follows:
(1) In section 805(b)(2) (110 Stat. 4269), by striking
``One individuals,'' and inserting ``One individual,''.
(2) In section 808(a)(3)(A) (110 Stat. 4279), by striking
``from the Committee.'' and inserting ``from the
Committee,''.
SEC. 1134. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
Section 908(a)(1)(B) of division II of the Omnibus Parks
Act (110 Stat. 4279; 16 U.S.C. 461 note) is amended by
striking ``on nonfederally owned property'' and inserting
``for non-federally owned property''.
Subtitle B--Other Amendments to Omnibus Parks Act
SEC. 1151. BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL
EXTENSION.
Section 506 of division I of the Omnibus Parks Act (40
U.S.C. 1003 note; 110 Stat. 4155) is amended by striking
``October 27, 1998'' and inserting ``October 27, 2003''.
SEC. 1152. LAND ACQUISITION, BOSTON HARBOR ISLANDS RECREATION
AREA.
Section 1029(c) of division I of the Omnibus Parks Act (110
Stat. 4233; 16 U.S.C. 460kkk(c)) is amended by adding at the
end the following new paragraph:
``(3) Land acquisition.--Notwithstanding subsection (h),
the Secretary is authorized to acquire, in partnership with
other entities, a less than fee interest in lands at Thompson
Island within the recreation area. The Secretary may acquire
the lands only by donation, purchase with donated or
appropriated funds, or by exchange.''.
TITLE XII--DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Dutch John Federal
Property Disposition and Assistance Act of 1998''.
SEC. 1202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1)(A) Dutch John, Utah, was founded by the Secretary of
the Interior in 1958 on Bureau of Reclamation land as a
community to house personnel, administrative offices, and
equipment for project construction and operation of the
Flaming Gorge Dam and Reservoir as authorized by the Act of
April 11, 1956 (70 Stat. 105, chapter 203; 43 U.S.C. 620 et
seq.); and
(B) permanent structures (including houses, administrative
offices, equipment storage and maintenance buildings, and
other public buildings and facilities) were constructed and
continue to be owned and maintained by the Secretary of the
Interior;
(2)(A) Bureau of Reclamation land surrounding the Flaming
Gorge Reservoir (including the Dutch John community) was
included within the boundaries of the Flaming Gorge National
Recreation Area in 1968 under Public Law 90-540 (16 U.S.C.
460v et seq.);
(B) Public Law 90-540 assigned responsibility for
administration, protection, and development of the Flaming
Gorge National Recreation Area to the Secretary of
Agriculture and provided that lands and waters needed or used
for the Colorado River Storage Project would continue to be
administered by the Secretary of the Interior; and
(C) most structures within the Dutch John community
(including the schools and public buildings within the
community) occupy lands administered by the Secretary of
Agriculture;
(3)(A) the Secretary of Agriculture and the Secretary of
the Interior are unnecessarily burdened with the cost of
continuing to provide basic services and facilities and
building maintenance and with the administrative costs of
operating the Dutch John community; and
(B) certain structures and lands are no longer essential to
management of the Colorado River Storage Project or to
management of the Flaming Gorge National Recreation Area;
(4)(A) residents of the community are interested in
purchasing the homes they currently rent from the Secretary
of the Interior and the land on which the homes are located;
(B) Daggett County, Utah, is interested in reducing the
financial burden the County experiences in providing local
government support services to a community that produces
little direct tax revenue because of Federal ownership; and
(C) a withdrawal of the role of the Federal Government in
providing basic direct community services to Dutch John would
require local government to provide the services at a
substantial cost;
(5)(A) residents of the Dutch John community are interested
in self-government of the community; and
(B) with growing demands for additional commercial
recreation services for visitors to the Flaming Gorge
National Recreation Area and Ashley National Forest, there
are
[[Page H9578]]
opportunities for private economic development, but few
private lands are available for the services; and
(6) the privatization and disposal to local government of
certain lands in and surrounding Dutch John would be in the
public interest.
(b) Purposes.--The purposes of this title are--
(1) to privatize certain lands in and surrounding Dutch
John, Utah;
(2) to transfer jurisdiction of certain Federal property
between the Secretary of Agriculture and the Secretary of the
Interior;
(3) to improve the Flaming Gorge National Recreation Area;
(4) to dispose of certain residential units, public
buildings, and facilities;
(5) to provide interim financial assistance to local
government to defray the cost of providing basic governmental
services;
(6) to achieve efficiencies in operation of the Flaming
Gorge Dam and Reservoir and the Flaming Gorge National
Recreation Area;
(7) to reduce long-term Federal outlays; and
(8) to serve the interests of the residents of Dutch John
and Daggett County, Utah, and the general public.
SEC. 1203. DEFINITIONS.
In this title:
(1) Secretary of agriculture.--The term ``Secretary of
Agriculture'' means the Secretary of Agriculture, acting
through the Chief of the Forest Service.
(2) Secretary of the interior.--The term ``Secretary of the
Interior'' means the Secretary of the Interior, acting
through the Commissioner of the Bureau of Reclamation.
SEC. 1204. DISPOSITION OF CERTAIN LANDS AND PROPERTIES.
(a) In General.--Lands, structures, and community
infrastructure facilities within or associated with Dutch
John, Utah, that have been identified by the Secretary of
Agriculture or the Secretary of the Interior as unnecessary
for support of the agency of the respective Secretary shall
be transferred or disposed of in accordance with this title.
(b) Land Description.--Except as provided in subsection
(e), the Secretary of Agriculture and the Secretary of the
Interior shall dispose of (in accordance with this title)
approximately 2,450 acres within or associated with the Dutch
John, Utah, community in the NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\,
and S\1/2\ of Section 1, the S\1/2\ of Section 2, 10 acres
more or less within the NE\1/4\ SW\1/4\ of Section 3,
Sections 11 and 12, the N\1/2\ of Section 13, and the E\1/2\
NE\1/4\ of Section 14 of Township 2 North, Range 22 East,
Salt Lake Base and Meridian, that have been determined to be
available for transfer by the Secretary of Agriculture and
the Secretary of the Interior, respectively.
(c) Infrastructure Facilities and Land.--Except as provided
in subsection (e), the Secretary of the Interior shall
dispose of (in accordance with this title) community
infrastructure facilities and land that have been determined
to be available for transfer by the Secretary of the
Interior, including the following:
(1) The fire station, sewer systems, sewage lagoons, water
systems (except as provided in subsection (e)(3)), old post
office, electrical and natural gas distribution systems,
hospital building, streets, street lighting, alleys,
sidewalks, parks, and community buildings located within or
serving Dutch John, including fixtures, equipment, land,
easements, rights-of-way, or other property primarily used
for the operation, maintenance, replacement, or repair of a
facility referred to in this paragraph.
(2) The Dutch John Airport, comprising approximately 25
acres, including runways, roads, rights-of-way, and
appurtenances to the Airport, subject to such monitoring and
remedial action by the United States as is necessary.
(3) The lands on which are located the Dutch John public
schools, which comprise approximately 10 acres.
(d) Other Properties and Facilities.--The Secretary of
Agriculture and the Secretary of the Interior shall dispose
of (in accordance with this title) the other properties and
facilities that have been determined to be available for
transfer or disposal by the Secretary of Agriculture and the
Secretary of the Interior, respectively, including the
following:
(1) Certain residential units occupied on the date of
enactment of this Act, as determined by the Secretary of the
Interior.
(2) Certain residential units unoccupied on the date of
enactment of this Act, as determined by the Secretary of the
Interior.
(3) Lots within the Dutch John community that are occupied
on the date of enactment of this Act by privately owned
modular homes under lease agreements with the Secretary of
the Interior.
(4) Unoccupied platted lots within the Dutch John
community.
(5) The land, comprising approximately 3.8 acres, on which
is located the Church of Jesus Christ of Latter Day Saints,
within Block 9, of the Dutch John community.
(6) The lands for which special use permits, easements, or
rights-of-way for commercial uses have been issued by the
Forest Service.
(7) The lands on which are located the offices, 3 employee
residences, warehouses, and facilities of the Utah Division
of Wildlife Resources, as described in the survey required
under section 1207, including yards and land defined by
fences in existence on the date of enactment of this Act.
(8) The Dutch John landfill site, subject to such
monitoring and remedial action by the United States as is
necessary, with responsibility for monitoring and remediation
being shared by the Secretary of Agriculture and the
Secretary of the Interior proportionate to their historical
use of the site.
(9) Such fixtures and furnishing in existence and in place
on the date of enactment of this Act as are mutually
determined by Daggett County, the Secretary of Agriculture,
and the Secretary of the Interior to be necessary for the
full use of properties or facilities disposed of under this
title.
(10) Such other properties or facilities at Dutch John that
the Secretary of Agriculture or the Secretary of the Interior
determines are not necessary to achieve the mission of the
respective Secretary and the disposal of which would be
consistent with this title.
(e) Retained Properties.--Except to the extent the
following properties are determined by the Secretary of
Agriculture or the Secretary of the Interior to be available
for disposal, the Secretary of Agriculture and the Secretary
of the Interior shall retain for their respective use the
following:
(1) All buildings and improvements located within the
industrial complex of the Bureau of Reclamation, including
the maintenance shop, 40 industrial garages, 2 warehouses,
the equipment storage building, the flammable equipment
storage building, the hazardous waste storage facility, and
the property on which the buildings and improvements are
located.
(2) 17 residences under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture, of which--
(A) 15 residences shall remain under the jurisdiction of
the Secretary of the Interior; and
(B) 2 residences shall remain under the jurisdiction of the
Secretary of Agriculture.
(3) The Dutch John water system raw water supply line and
return line between the power plant and the water treatment
plant, pumps and pumping equipment, and any appurtenances and
rights-of-way to the line and other facilities, with the
retained facilities to be operated and maintained by the
United States with pumping costs and operation and
maintenance costs of the pumps to be included as a cost to
Daggett County in a water service contract.
(4) The heliport and associated real estate, consisting of
approximately 20 acres, which shall remain under the
jurisdiction of the Secretary of Agriculture.
(5) The Forest Service warehouse complex and associated
real estate, consisting of approximately 2 acres, which shall
remain under the jurisdiction of the Secretary of
Agriculture.
(6) The Forest Service office complex and associated real
estate, which shall remain under the jurisdiction of the
Secretary of Agriculture.
(7) The United States Post Office, pursuant to Forest
Service Special Use Permit No. 1073, which shall be
transferred to the jurisdiction of the United States Postal
Service pursuant to section 1206(d).
SEC. 1205. REVOCATION OF WITHDRAWALS.
In the case of lands and properties transferred under
section 1204, effective on the date of transfer to the
Secretary of the Interior (if applicable) or conveyance by
quitclaim deed out of Federal ownership, authorization for
each of the following withdrawals is revoked:
(1) The Public Water Reserve No. 16, Utah No. 7, dated
March 9, 1914.
(2) The Secretary of the Interior Order dated October 20,
1952.
(3) The Secretary of the Interior Order dated July 2, 1956,
No. 71676.
(4) The Flaming Gorge National Recreation Area, dated
October 1, 1968, established under Public Law 90-540 (16
U.S.C. 460v et seq.), as to lands described in section
1204(b).
(5) The Dutch John Administrative Site, dated December 12,
1951 (PLO 769, U-0611).
SEC. 1206. TRANSFERS OF JURISDICTION.
(a) Transfers From the Secretary of Agriculture.--Except
for properties retained under section 1204(e), all lands
designated under section 1204 for disposal shall be--
(1) transferred from the jurisdiction of the Secretary of
Agriculture to the Secretary of the Interior and, if
appropriate, the United States Postal Service; and
(2) removed from inclusion in the Ashley National Forest
and the Flaming Gorge National Recreation Area.
(b) Exchange of Jurisdiction Between Interior and
Agriculture.--
(1) Transfer to secretary of agriculture.--The Secretary of
the Interior shall transfer to the Secretary of Agriculture
administrative jurisdiction over certain lands and interests
in lands, consisting of approximately 2,167 acres in Duchesne
and Wasatch Counties, Utah, which were acquired by the
Secretary of the Interior for the Central Utah Project, as
depicted on the following maps:
(A) The map entitled ``The Dutch John Townsite, Ashley
National Forest, Lower Stillwater'', dated February 1997.
(B) The map entitled ``The Dutch John Townsite, Ashley
National Forest, Red Hollow (Diamond Properties)'', dated
February 1997.
(C) The map entitled ``The Dutch John Townsite, Ashley
National Forest, Coal Hollow (Current Creek Reservoir)'',
dated February 1997.
(2) Transfer to secretary of the interior.--The Secretary
of Agriculture shall
[[Page H9579]]
transfer to the Secretary of the Interior administrative
jurisdiction over certain lands and interests in lands,
consisting of approximately 2,450 acres in the Ashley
National Forest, as depicted on the map entitled ``Ashley
National Forest, Lands to be Transferred to the Bureau of
Reclamation (BOR) from the Forest Service'', dated February
1997.
(3) Effect of exchange.--
(A) National forests.--The lands and interests in land
transferred to the Secretary of Agriculture under paragraph
(1) shall become part of the Ashley or Uinta National Forest,
as appropriate. The boundaries of each of the National
Forests are hereby adjusted as appropriate to reflect the
transfers of administrative jurisdiction.
(B) Management.--The Secretary of Agriculture shall manage
the lands and interests in land transferred to the Secretary
of Agriculture under paragraph (1) in accordance with the Act
of March 1, 1911 (commonly known as the ``Weeks Law'') (36
Stat. 962, chapter 186; 16 U.S.C. 515 et seq.), and other
laws (including rules and regulations) applicable to the
National Forest System.
(C) Wildlife mitigation.--As of the date of the transfer
under paragraph (1), the wildlife mitigation requirements of
section 8 of the Act of April 11, 1956 (43 U.S.C. 620g),
shall be deemed to be met.
(D) Adjustment of boundaries.--This paragraph does not
limit the authority of the Secretary of Agriculture to adjust
the boundaries of the Ashley or Uinta National Forest
pursuant to section 11 of the Act of March 1, 1911 (commonly
known as the ``Weeks Law'') (36 Stat. 963, chapter 186; 16
U.S.C. 521).
(4) Land and water conservation fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Ashley and Uinta
National Forests, as adjusted under this section, shall be
considered to be the boundaries of the Forests as of January
1, 1965.
(c) Federal Improvements.--The Secretary of the Interior
shall transfer to the Secretary of Agriculture jurisdiction
over Federal improvements on the lands transferred to the
Secretary of Agriculture under this section.
(d) Transfer to United States Postal Service.--The
Secretary of Agriculture shall transfer to the United States
Postal Service administrative jurisdiction over certain lands
and interests in land subject to Forest Service Special Use
Permit No. 1073, containing approximately 0.34 acres.
(e) Withdrawals.--Notwithstanding subsection (a), lands
retained by the Federal Government under this title shall
continue to be withdrawn from mineral entry under the United
States mining laws.
SEC. 1207. SURVEYS.
The Secretary of the Interior shall survey or resurvey all
or portions of the Dutch John community as necessary--
(1) to accurately describe parcels identified under this
title for transfer among agencies, for Federal disposal, or
for retention by the United States; and
(2) to facilitate future recordation of title.
SEC. 1208. PLANNING.
(a) Responsibility.--In cooperation with the residents of
Dutch John, the Secretary of Agriculture, and the Secretary
of the Interior, Daggett County, Utah, shall be responsible
for developing a land use plan that is consistent with
maintenance of the values of the land that is adjacent to
land that remains under the jurisdiction of the Secretary of
Agriculture or Secretary of the Interior under this title.
(b) Cooperation.--The Secretary of Agriculture and the
Secretary of the Interior shall cooperate with Daggett County
in ensuring that disposal processes are consistent with the
land use plan developed under subsection (a) and with this
title.
SEC. 1209. APPRAISALS.
(a) Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
conduct appraisals to determine the fair market value of
properties designated for disposal under paragraphs (1), (2),
(3), (5), and (7) of section 1204(d).
(2) Unoccupied platted lots.--Not later than 90 days after
the date of receipt by the Secretary of the Interior from an
eligible purchaser of a written notice of intent to purchase
an unoccupied platted lot referred to in section 1204(d)(4),
the Secretary of the Interior shall conduct an appraisal of
the lot.
(3) Special use permits.--
(A) In general.--Not later than 90 days after the date of
receipt by the Secretary of the Interior from a permit holder
of a written notice of intent to purchase a property
described in section 1210(g), the Secretary of the Interior
shall conduct an appraisal of the property.
(B) Improvements and alternative land.--An appraisal to
carry out subparagraph (A) may include an appraisal of the
value of permit holder improvements and alternative land in
order to conduct an in-lieu land sale.
(4) Occupied parcels.--In the case of an occupied parcel,
an appraisal under this subsection shall include an appraisal
of the full fee value of the occupied lot or land parcel and
the value of residences, structures, facilities, and
existing, in-place federally owned fixtures and furnishings
necessary for full use of the property.
(5) Unoccupied parcels.--In the case of an unoccupied
parcel, an appraisal under this subsection shall consider
potential future uses of the parcel that are consistent with
the land use plan developed under section 1208(a) (including
the land use map of the plan) and with subsection (c).
(6) Funding.--Funds for appraisals conducted under this
section shall be derived from the Upper Colorado River Basin
Fund authorized by section 5 of the Act of April 11, 1956 (70
Stat. 107, chapter 203; 43 U.S.C. 620d).
(b) Reductions for Improvements.--An appraisal of a
residence or a structure or facility leased for private use
under this section shall deduct the contributory value of
improvements made by the current occupant or lessee if the
occupant or lessee provides reasonable evidence of
expenditure of money or materials in making the improvements.
(c) Current Use.--An appraisal under this section shall
consider the current use of a property (including the use of
housing as a community residence) and avoid uncertain
speculation as to potential future use.
(d) Review.--
(1) In general.--The Secretary of the Interior shall make
an appraisal under this section available for review by a
current occupant or lessee.
(2) Additional information or appeal.--
(A) In general.--The current occupant or lessee may provide
additional information, or appeal the findings of the
appraisal in writing, to the Upper Colorado Regional Director
of the Bureau of Reclamation.
(B) Action by secretary of the interior.--The Secretary of
the Interior--
(i) shall consider the additional information or appeal;
and
(ii) may conduct a second appraisal if the Secretary
determines that a second appraisal is necessary.
(e) Inspection.--The Secretary of the Interior shall
provide opportunities for other qualified, interested
purchasers to inspect completed appraisals under this
section.
SEC. 1210. DISPOSAL OF PROPERTIES.
(a) Conveyances.--
(1) Patents.--The Secretary of the Interior shall dispose
of properties identified for disposal under section 1204,
other than properties retained under section 1204(e), without
regard to law governing patents.
(2) Condition and land.--Except as otherwise provided in
this title, conveyance of a building, structure, or facility
under this title shall be in its current condition and shall
include the land parcel on which the building, structure, or
facility is situated.
(3) Fixtures and furnishings.--An existing and in-place
fixture or furnishing necessary for the full use of a
property or facility under this title shall be conveyed along
with the property.
(4) Maintenance.--
(A) Before conveyance.--Before property is conveyed under
this title, the Secretary of the Interior shall ensure
reasonable and prudent maintenance and proper care of the
property.
(B) After conveyance.--After property is conveyed to a
recipient under this title, the recipient shall be
responsible for--
(i) maintenance and proper care of the property; and
(ii) any contamination of the property.
(b) Infrastructure Facilities and Land.--Infrastructure
facilities and land described in paragraphs (1) and (2) of
section 1204(c) shall be conveyed, without consideration, to
Daggett County, Utah.
(c) School.--The lands on which are located the Dutch John
public schools described in section 1204(c)(3) shall be
conveyed, without consideration, to the Daggett County School
District.
(d) Utah Division of Wildlife Resources.--Lands on which
are located the offices, 3 employee residences, warehouses,
and facilities of the Utah Division of Wildlife Resources
described in section 1204(d)(7) shall be conveyed, without
consideration, to the Division.
(e) Residences and Lots.--
(1) In general.--
(A) Fair market value.--A residence and occupied
residential lot to be disposed of under this title shall be
sold for the appraised fair market value.
(B) Notice.--The Secretary of the Interior shall provide
local general public notice, and written notice to lessees
and to current occupants of residences and of occupied
residential lots for disposal, of the intent to sell
properties under this title.
(2) Purchase of residences or lots by lessees.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Interior shall provide a holder of a current lease
from the Secretary for a residence to be sold under paragraph
(1) or (2) of section 1204(d) or for a residential lot
occupied by a privately owned dwelling described in section
1204(d)(3) a period of 180 days beginning on the date of the
written notice of the Secretary of intent of the Secretary to
sell the residence or lot, to execute a contract with the
Secretary of the Interior to purchase the residence or lot
for the appraised fair market value.
(B) Notice of intent to purchase.--To obtain the protection
of subparagraph (A), the lessee shall, during the 30-day
period beginning on the date of receipt of the notice
referred to in subparagraph (A), notify the Secretary in
writing of the intent of the lessee to purchase the residence
or lot.
(C) No notice or purchase contract.--If no written
notification of intent to purchase is received by the
Secretary in accordance with subparagraph (B) or if a
purchase contract has not been executed in accordance
[[Page H9580]]
with subparagraph (A), the residence or lot shall become
available for purchase by other persons under paragraph (3).
(3) Purchase of residences or lots by other persons.--
(A) Eligibility.--If a residence or lot becomes available
for purchase under paragraph (2)(C), the Secretary of the
Interior shall make the residence or lot available for
purchase by--
(i) a current authorized occupant of the residence to be
sold;
(ii) a holder of a current reclamation lease for a
residence within Dutch John;
(iii) an employee of the Bureau of Reclamation or the
Forest Service who resides in Dutch John; or
(iv) a Federal or non-Federal employee in support of a
Federal agency who resides in Dutch John.
(B) Priority.--
(i) Seniority.--Priority for purchase of properties
available for purchase under this paragraph shall be by
seniority of reclamation lease or residency in Dutch John.
(ii) Priority list.--The Secretary of the Interior shall
compile a priority list of eligible potential purchasers that
is based on the length of continuous residency in Dutch John
or the length of a continuous residence lease issued by the
Bureau of Reclamation in Dutch John, with the highest
priority provided for purchasers with the longest continuous
residency or lease.
(iii) Interruptions.--If a continuous residency or lease
was interrupted, the Secretary shall consider only that most
recent continuous residency or lease.
(iv) Other factors.--In preparing the priority list, the
Secretary shall not consider a factor (including agency
employment or position) other than the length of the current
residency or lease.
(v) Disputes.--A potential purchaser may file a written
appeal over a dispute involving eligibility or ranking on the
priority list with the Secretary of the Interior, acting
through the Upper Colorado Regional Director of the Bureau of
Reclamation. The Secretary, acting through the Regional
Director, shall consider the appeal and resolve the dispute.
(C) Notice.--The Secretary of the Interior shall provide
general public notice and written notice by certified mail to
eligible purchasers that specifies--
(i) properties available for purchase under this paragraph;
(ii) the appraised fair market value of the properties;
(iii) instructions for potential eligible purchasers; and
(iv) any purchase contract requirements.
(D) Notice of intent to purchase.--An eligible purchaser
under this paragraph shall have a period of 90 days after
receipt of written notification to submit to the Secretary of
the Interior a written notice of intent to purchase a
specific available property at the listed appraised fair
market value.
(E) Notice of eligibility of highest eligible purchaser to
purchase property.--The Secretary of the Interior shall
provide notice to the potential purchaser with the highest
eligible purchaser priority for each property that the
purchaser will have the first opportunity to execute a sales
contract and purchase the property.
(F) Availability to other purchasers on priority list.--If
no purchase contract is executed for a property by the
highest priority purchaser within the 180 days after receipt
of notice under subparagraph (E), the Secretary of the
Interior shall make the property available to other
purchasers listed on the priority list.
(G) Limitation on number of properties.--No household may
purchase more than 1 residential property under this
paragraph.
(4) Residual property to county.--If a residence or lot to
be disposed of under this title is not purchased in
accordance with paragraph (2) or (3) within 2 years after
providing the first notice of intent to sell under paragraph
(1)(B), the Secretary of the Interior shall convey the
residence or lot to Daggett County without consideration.
(5) Advisory committee.--The Secretary of the Interior,
acting through the Upper Colorado Regional Director of the
Bureau of Reclamation, may appoint a nonfunded Advisory
Committee comprised of 1 representative from each of the
Bureau of Reclamation, Daggett County, and the Dutch John
community to review and provide advice to the Secretary on
the resolution of disputes arising under this subsection and
subsection (f).
(6) Financing.--The Secretary of the Interior shall provide
advice to potential purchasers under this subsection and
subsection (f) in obtaining appropriate and reasonable
financing for the purchase of a residence or lot.
(f) Unoccupied Platted Lots.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Interior shall make an unoccupied platted
lot described in section 1204(d)(4) available for sale to
eligible purchasers for the appraised fair market value of
the lot.
(2) Conveyance for public purpose.--On request from Daggett
County, the Secretary of the Interior may convey directly to
the County without consideration a lot referred to in
paragraph (1) that will be used for a public use purpose that
is consistent with the land use plan developed under section
1208(a).
(3) Administration.--The procedures established under
subsection (e) shall apply to this subsection to the maximum
extent practicable, as determined by the Secretary of the
Interior.
(4) Land-use designation.--For each lot sold under this
subsection, the Secretary of the Interior shall include in
the notice of intent to sell the lot provided under this
subsection the land-use designation of the lot established
under the land use plan developed under section 1208(a).
(5) Limitation on number of lots.--No household may
purchase more than 1 residential lot under this subsection.
(6) Limitation on purchase of additional lots.--No
household purchasing an existing residence under this section
may purchase an additional single home, residential lot.
(7) Residual lots to county.--If a lot described in
paragraph (1) is not purchased in accordance with paragraphs
(1) through (6) within 2 years after providing the first
notice of intent to sell under this subsection, the Secretary
of the Interior shall convey the lot to Daggett County
without consideration.
(g) Special Use Permits.--
(1) Sale.--Lands on which Forest Service special use
permits are issued to holders numbered 4054 and 9303, Ashley
National Forest, comprising approximately 15.3 acres and 1
acre, respectively, may be sold at appraised fair market
value to the holder of the permit.
(2) Administration of permits.--On transfer of jurisdiction
of the land to the Secretary of the Interior pursuant to
section 1206, the Secretary of the Interior shall administer
the permits under the terms and conditions of the permits.
(3) Notice of availability for purchase.--The Secretary of
the Interior shall notify the respective permit holders in
writing of the availability of the land for purchase.
(4) Appraisals.--The Secretary of the Interior shall not
conduct an appraisal of the land unless the Secretary
receives a written notice of intent to purchase the land
within 2 years after providing notice under paragraph (3).
(5) Alternative parcels.--On request by permit holder
number 9303, the Secretary of the Interior, in consultation
with Daggett County, may--
(A) consider sale of a parcel within the Daggett County
community of similar size and appraised value in lieu of the
land under permit on the date of enactment of this Act; and
(B) provide the holder credit toward the purchase or other
negotiated compensation for the appraised value of
improvements of the permittee to land under permit on the
date of enactment of this Act.
(6) Residual land to county.--If land described in
paragraph (1) is not purchased in accordance with paragraphs
(1) through (5) within 2 years after providing the first
notice of intent to sell under this subsection, the Secretary
of the Interior shall convey the land to Daggett County
without consideration.
(h) Transfers to County.--Other land occupied by
authorization of a special use permit, easement, or right-of-
way to be disposed of under this title shall be transferred
to Daggett County if the holder of the authorization and the
County, prior to transfer of the lands to the County--
(1) agree to and execute a legal document that grants the
holder the rights and privileges provided in the existing
authorization; or
(2) enter into another arrangement that is mutually
satisfactory to the holder and the County.
(i) Church Land.--
(1) In general.--The Secretary of the Interior shall offer
to sell land to be disposed of under this title on which is
located an established church to the parent entity of the
church at the appraised fair market value.
(2) Notice.--The Secretary of the Interior shall notify the
church in writing of the availability of the land for
purchase.
(3) Residual land to county.--If land described in
paragraph (1) is not purchased in accordance with paragraphs
(1) and (2) within 2 years after providing the first notice
of intent to sell under this subsection, the Secretary of the
Interior shall convey the land to Daggett County without
consideration.
(j) Residual Properties to County.--The Secretary of the
Interior shall convey all lands, buildings, or facilities
designated for disposal under this title that are not
conveyed in accordance with subsections (a) through (i) to
Daggett County without consideration.
(k) Water Rights.--
(1) In general.--Subject to the other provisions of this
subsection, the Secretary of the Interior shall transfer all
water rights the Secretary holds that are applicable to the
Dutch John municipal water system to Daggett County.
(2) Water service contract.--
(A) In general.--Transfer of rights under paragraph (1) is
contingent on Daggett County entering into a water service
contract with the Secretary of the Interior covering payment
for and delivery of untreated water to Daggett County
pursuant to the Act of April 11, 1956 (70 Stat. 105, chapter
203; 43 U.S.C. 620 et seq.).
(B) Delivered water.--The contract shall require payment
only for water actually delivered.
(3) Existing rights.--Existing rights for transfer to
Daggett County under this subsection include--
[[Page H9581]]
(A) Utah Water Right 41-2942 (A30557, Cert. No. 5903) for
0.08 cubic feet per second from a water well; and
(B) Utah Water Right 41-3470 (A30414b), an unapproved
application to segregate 12,000 acre-feet per year of water
from the original approved Flaming Gorge water right (41-
2963) for municipal use in the town of Dutch John and
surrounding areas.
(4) Culinary water supplies.--The transfer of water rights
under this subsection is conditioned on the agreement of
Daggett County to provide culinary water supplies to Forest
Service campgrounds served (on the date of enactment of this
Act) by the water supply system and to Forest Service and
Bureau of Reclamation facilities, at a rate equivalent to
other similar uses.
(5) Maintenance.--The Secretary of Agriculture and the
Secretary of the Interior shall be responsible for
maintenance of their respective water systems from the point
of the distribution lines of the systems.
(l) Shoreline Access.--On receipt of an acceptable
application, the Secretary of Agriculture shall consider
issuance of a special use permit affording Flaming Gorge
Reservoir public shoreline access and use within the vicinity
of Dutch John in conjunction with commercial visitor
facilities provided and maintained under such a permit.
(m) Revenues.--
(1) In general.--Except as provided in paragraph (2), all
revenues derived from the sale of properties as authorized by
this title shall temporarily be deposited in a segregated
interest-bearing trust account in the Treasury with the
moneys on hand in the account paid to Daggett County
semiannually to be used by the County for purposes associated
with the provision of governmental and community services to
the Dutch John community.
(2) Deposit in the general fund.--Of the revenues described
in paragraph (1), 15.1 percent shall be deposited in the
general fund of the Treasury.
SEC. 1211. VALID EXISTING RIGHTS.
(a) Agreements.--
(1) In general.--If any lease, permit, right-of-way,
easement, or other valid existing right is appurtenant to
land conveyed to Daggett County, Utah, under this title, the
County shall honor and enforce the right through a legal
agreement entered into by the County and the holder before
the date of conveyance.
(2) Extension or termination.--The County may extend or
terminate an agreement under paragraph (1) at the end of the
term of the agreement.
(b) Use of Revenues.--During such period as the County is
enforcing a right described in subsection (a)(1) through a
legal agreement between the County and the holder of the
right under subsection (a), the County shall collect and
retain any revenues due the Federal Government under the
terms of the right.
(c) Extinguishment of Rights.--If a right described in
subsection (a)(1) with respect to certain land has been
extinguished or otherwise protected, the County may dispose
of the land.
SEC. 1212. CULTURAL RESOURCES.
(a) Memoranda of Agreement.--Before transfer and disposal
under this title of any land that contains cultural resources
and that may be eligible for listing on the National Register
of Historic Places, the Secretary of Agriculture, in
consultation with the Secretary of the Interior, the Utah
Historic Preservation Office, and Daggett County, Utah, shall
prepare a memorandum of agreement, for review and approval by
the Utah Office of Historical Preservation and the Advisory
Council on Historic Preservation established by title II of
the National Historic Preservation Act (16 U.S.C. 470i et
seq.), that contains a strategy for protecting or mitigating
adverse effects on cultural resources on the land.
(b) Interim Protection.--Until such time as a memorandum of
agreement has been approved, or until lands are disposed of
under this title, the Secretary of Agriculture shall provide
clearance or protection for the resources.
(c) Transfer Subject to Agreement.--On completion of
actions required under the memorandum of agreement for
certain land, the Secretary of the Interior shall provide for
the conveyance of the land to Daggett County, Utah, subject
to the memorandum of agreement.
SEC. 1213. TRANSITION OF SERVICES TO LOCAL GOVERNMENT
CONTROL.
(a) Assistance.--
(1) In general.--The Secretary of the Interior shall
provide training and transitional operating assistance to
personnel designated by Daggett County, Utah, as successors
to the operators for the Secretary of the infrastructure
facilities described in section 1204(c).
(2) Duration of training.--With respect to an
infrastructure facility, training under paragraph (1) shall
continue for such period as is necessary for the designated
personnel to demonstrate reasonable capability to safely and
efficiently operate the facility, but not to exceed 2 years.
(3) Continuing assistance.--The Secretary shall remain
available to assist with resolving questions about the
original design and installation, operating and maintenance
needs, or other aspects of the infrastructure facilities.
(b) Transition Costs.--For the purpose of defraying costs
of transition in administration and provision of basic
community services, an annual payment of $300,000 (as
adjusted by the Secretary for changes in the Consumer Price
Index for all-urban consumers published by the Department of
Labor) shall be provided from the Upper Colorado River Basin
Fund authorized by section 5 of the Act of April 11, 1956 (70
Stat. 107, chapter 203; 43 U.S.C. 620d), to Daggett County,
Utah, or, in accordance with subsection (c), to Dutch John,
Utah, for a period not to exceed 15 years beginning the first
January 1 that occurs after the date of enactment of this
Act.
(c) Division of Payment.--If Dutch John becomes
incorporated and become responsible for operating any of the
infrastructure facilities referred to in subsection (a)(1) or
for providing other basic local governmental services, the
payment amount for the year of incorporation and each
following year shall be proportionately divided between
Daggett County and Dutch John based on the respective costs
paid by each government for the previous year to provide the
services.
(d) Electric Power.--
(1) Availability.--The United States shall make available
electric power and associated energy from the Colorado River
Storage Project for the Dutch John community.
(2) Amount.--The amount of electric power and associated
energy made available under paragraph (1) shall not exceed
1,000,000 kilowatt-hours per year.
(3) Rates.--The rates for power and associated energy shall
be the firm capacity and energy rates of the Salt Lake City
Area/Integrated Projects.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.
(a) Resource Recovery and Mitigation.--There are authorized
to be appropriated to the Secretary of Agriculture, out of
nonpower revenues to the Federal Government from land
transferred under this title, such sums as are necessary to
implement such habitat, sensitive resource, or cultural
resource recovery, mitigation, or replacement strategies as
are developed with respect to land transferred under this
title, except that the strategies may not include acquisition
of privately owned lands in Daggett County.
(b) Other Sums.--In addition to sums made available under
subsection (a), there are authorized to be appropriated such
sums as are necessary to carry out this title.
TITLE XIII--RECLAMATION PROJECT CONVEYANCES AND MISCELLANEOUS
PROVISIONS
Subtitle A--Sly Park Dam and Reservoir, California
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ``Sly Park Unit
Conveyance Act''.
SEC. 1312. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the El Dorado Irrigation
District, a political subdivision of the State of California
that has its principal place of business in the city of
Placerville, El Dorado County, California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all of the right, title, and
interest in and to the Sly Park Dam and Reservoir, Camp Creek
Diversion Dam and Tunnel, and conduits and canals held by the
United States pursuant to or related to the authorization in
the Act entitled ``An Act to authorize the American River
Basin Development, California, for irrigation and
reclamation, and for other purposes'', approved October 14,
1949 (63 Stat. 852 chapter 690);
SEC. 1313. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting
the obligations of the Federal Government for the Project and
subject to the payment by the District of the net present
value of the remaining repayment obligation, as determined by
Office of Management and Budget Circular A-129 (in effect on
the date of enactment of this Act), the Secretary shall
convey the Project to the District.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before
the applicable deadline under paragraph (1) or (2), the full
cost of administrative action and environmental compliance
for the conveyance shall be borne by the Secretary. If the
Secretary completes the conveyance before that deadline, \1/
2\ of such cost shall be paid by the District.
SEC. 1314. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use and
operation.
[[Page H9582]]
(b) Future Alterations.--If the District alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such changes at that
time (subject to section 1315).
SEC. 1315. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Not Affected.--The conveyance of
the Project under this subtitle does not affect the payment
obligations of the District under the contract between the
District and the Secretary numbered 14-06-200-7734, as
amended by contracts numbered 14-06-200-4282A and 14-06-200-
8536A.
(b) Payment Obligations Extinguished.--Provision of
consideration by the District in accordance with section
1313(b) shall extinguish all payment obligations under
contract numbered 14-06-200-949IR1 between the District and
the Secretary.
SEC. 1316. RELATIONSHIP TO OTHER LAWS.
(a) Reclamation Laws.--Except as provided in subsection
(b), upon conveyance of the Project under this subtitle, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
(b) Payments Into the Central Valley Project Restoration
Fund.--The El Dorado Irrigation District shall continue to
make payments into the Central Valley Project Restoration
Fund for 31 years after the date of the enactment of this
Act. The District's obligation shall be calculated in the
same manner as Central Valley Project water contractors.
SEC. 1317. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on its prior
ownership or operation of the conveyed property.
Subtitle B--Minidoka Project, Idaho
SEC. 1321. SHORT TITLE
This subtitle may be cited as the ``Burley Irrigation
District Conveyance Act''.
SEC. 1322. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Burley
Irrigation District, an irrigation district organized under
the law of the State of Idaho.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Project.--The term ``Project'' means all of the right,
title, and interest in and to the Southside Pumping Division
of the Minidoka Project, Idaho, including the water
distribution system below the headworks of the Minidoka Dam
held in the name of the United States for the benefit of, and
for use on land within, the District for which the allocable
construction costs have been fully repaid by the District.
SEC. 1323. CONVEYANCE.
(a) In General.--In consideration of the District accepting
the obligations of the Federal Government for the Project,
and subject to the completion of payments by the District
required under subsection (c)(3), the Secretary shall convey
the Project and the water rights described in subsection (b)
to the District.
(b) Water Rights.--
(1) Transfer required.--The Secretary shall transfer to the
District, through an agreement among the District, the
Minidoka Irrigation District, and the Secretary and in
accordance with and subject to the law of the State of Idaho,
all natural flow, waste, seepage, return flow, and ground
water rights held in the name of the United States--
(A) for the benefit of the South Side Pumping Division
operated and maintained by the District;
(B) for use on lands within the District or that are return
flows for which the District may receive credit against
storage water used.
(2) Limitation.--The transfer of the property interest of
the United States in Project water rights directed to be
conveyed by this section shall--
(A) neither enlarge nor diminish the water rights of either
the Minidoka Irrigation District or the District, as set
forth in their respective contracts with the United States;
(B) not be exercised as to impair the integrated operation
of the Minidoka Project by the Secretary pursuant to
applicable Federal law;
(C) not affect any other water rights; and
(D) not result in any adverse impact on any other project
water user.
(c) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before
the applicable deadline under paragraph (1) or (2), the full
cost of administrative action and environmental compliance
for the conveyance shall be borne by the Secretary. If the
Secretary completes the conveyance before that deadline, \1/
2\ of such cost shall be borne by the District.
SEC. 1324. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use and
operation.
(b) Future Alterations.--If the District alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such changes at that
time (subject to section 1325).
SEC. 1325. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Savings.--Nothing in this subtitle or any transfer
pursuant thereto shall affect the right of Minidoka
Irrigation District to the joint use of the gravity portion
of the Southside Canal, subject to compliance by the Minidoka
Irrigation District with the terms and conditions of a
contract between the District and Minidoka Irrigation
District, and any amendments or changes made by agreement of
the irrigation districts.
(b) Allocation of Storage Space.--The Secretary shall
provide an allocation to the District of storage space in
Minidoka Reservoir, American Falls Reservoir, and Palisades
Reservoir, as described in Burley Contract Nos. 14-06-100-
2455 and 14-06-W-48, subject to the obligation of Burley to
continue to assume and satisfy its allocable costs of
operation and maintenance associated with the storage
facilities operated by the Bureau of Reclamation.
(c) Project Reserved Power.--The Secretary shall continue
to provide the District with project reserved power from the
Minidoka Reclamation Power Plant, Palisades Reclamation Power
Plant, Black Canyon Reclamation Power Plant, and Anderson
Ranch Reclamation Power Plant in accordance with the terms of
the existing contracts, including any renewals thereof as
provided in such contracts.
SEC. 1326. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be held liable for damages of any kind
arising out of any act, omission, or occurrence based on its
prior ownership or operation of the conveyed property.
Subtitle C--Carlsbad Irrigation Project, New Mexico
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Carlsbad Irrigation
Project Acquired Land Conveyance Act''.
SEC. 1332. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Carlsbad Irrigation
District, a quasimunicipal corporation formed under the laws
of the State of New Mexico that has its principal place of
business in the city of Carlsbad, Eddy County, New Mexico.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all right, title, and
interest in and to the lands (including the subsurface and
mineral estate) in Eddy County, New Mexico, described as the
acquired lands in section (7) of the Status of Lands and
Title Report: Carlsbad Project as reported by the Bureau of
Reclamation in 1978 and all interests the United States holds
in the irrigation and drainage system of the Carlsbad Project
and all related ditch rider houses, maintenance shop and
buildings, and Pecos River Flume.
SEC. 1333. CONVEYANCE OF PROJECT.
(a) In General.--Except as provided in subsection (b), in
consideration of the District accepting the obligations of
the Federal Government for the Project, and subject to the
completion of payments by the District required under
subsection (c)(3), the Secretary shall convey the Project to
the District
(b) Retained Title.--The Secretary shall retain title to
the surface estate (but not the mineral estate) of such
Project lands which are located under the footprint of
Brantley and Avalon dams or any other Project dam or
reservoir diversion structure. The Secretary shall retain
storage and flow easements for any tracts located under the
maximum spillway elevations of Avalon and Brantley
Reservoirs.
(c) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before
the applicable deadline under paragraph (1) or (2), the full
cost of administrative action and environmental compliance
for the conveyance
[[Page H9583]]
shall be borne by the Secretary. If the Secretary completes
the conveyance before that deadline, \1/2\ of such cost shall
be paid by the District.
SEC. 1334. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use and operation of the Project from its current use.
The Project shall continue to be managed and used by the
District for the purposes for which the Project was
authorized, based on historic operations, and consistent with
the management of other adjacent project lands.
(b) Future Alterations.--If the District alters the
operations or uses of the Project, it shall comply with all
applicable laws or regulations governing such changes at that
time (subject to section 1335).
SEC. 1335. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) In General.--Except as provided in subsection (b), upon
conveyance of the Project under this subtitle the District
shall assume all rights and obligations of the United States
under the agreement dated July 28, 1994, between the United
States and the Director, New Mexico Department of Game and
Fish (Document No. 2-LM-40-00640), relating to management of
certain lands near Brantley Reservoir for fish and wildlife
purposes and the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-X0888)
for the management and operation of Brantley Lake State Park.
(b) Limitation.--The District shall not be obligated for
any financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement and the District
shall not be entitled to any receipts or revenues generated
as a result of either agreement.
SEC. 1336. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM
THE ACQUIRED LANDS.
(a) Notification of Leaseholders.--Within 120 days after
the date of enactment of this Act, the Secretary shall
provide to the District a written identification of all
mineral and grazing leases in effect on Project lands on the
date of enactment of this Act and notify all leaseholders of
the conveyance authorized by this subtitle.
(b) Management of Leases, Licenses, and Permits.--The
District shall assume all rights and obligations of the
United States for all mineral and grazing leases, licenses,
and permits existing on the Project lands conveyed under
section 1333, and shall be entitled to any receipts from such
leases, licenses, and permits accruing after the date of
conveyance. All such receipts shall be used for purposes for
which the Project was authorized and for financing the
portion of operations, maintenance, and replacement at the
Sumner Dam that, prior to conveyance, was the responsibility
of the Bureau of Reclamation, with the exception of major
maintenance programs in progress prior to conveyance. The
District shall continue to adhere to the current Bureau of
Reclamation mineral leasing stipulations for the Project.
(c) Availability of Amounts Paid Into the Reclamation
Fund.--
(1) Amounts in fund on date of enactment.--Amounts in the
reclamation fund on the date of enactment of this Act which
exist as construction credits to the Carlsbad Project under
the terms of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351-359) shall be deposited into the general fund of
the Treasury and credited to deficit reduction or retirement
of the Federal debt.
(2) Receipts after date of enactment.--Of the receipts from
mineral and grazing leases, licenses, and permits on Project
lands to be conveyed under section 1333 that are received by
the United States after the date of enactment of this Act and
before the date of conveyance, up to $200,000 shall be
applied to pay the cost referred to in section 1333(c)(3) and
the remainder shall be deposited into the general fund of the
Treasury of the United States and credited to deficit
reduction or retirement of the Federal debt.
SEC. 1337. WATER CONSERVATION PRACTICES.
Nothing in this subtitle shall be construed to limit the
ability of the District to voluntarily implement water
conservation practices.
SEC. 1338. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on its prior
ownership or operation of the conveyed property.
SEC. 1339. FUTURE RECLAMATION BENEFITS.
After completion of the conveyance under this subtitle, the
District shall not be eligible for any emergency loan from
the Bureau of Reclamation for maintenance or replacement of
any facility conveyed under this subtitle.
Subtitle D--Palmetto Bend Project, Texas
SEC. 1341. SHORT TITLE.
This subtitle may be cited as the ``Palmetto Bend
Conveyance Act''.
SEC. 1342. DEFINITIONS.
In this subtitle:
(1) State.--The term ``State'' means the Lavaca-Navidad
River Authority and the Texas Water Development Board,
jointly.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Project.--The term ``Project'' means all of the right,
title, and interest in and to the Palmetto Bend reclamation
project, Texas, authorized by Public Law 90-562 (82 Stat.
999).
SEC. 1343. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the State accepting
the obligations of the Federal Government for the Project and
subject to the payment by the State of the net present value
of the remaining repayment obligation, as determined by
Office of Management and Budget Circular A-129 (in effect on
the date of enactment of this Act) and the completion of
payments by the State required under subsection (b)(3), the
Secretary shall convey the Project to the State.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
State intends to change Project operations as a result of the
conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this title before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the State.
SEC. 1344. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use and
operation.
(b) Future Alterations.--If the State alters the operations
or uses of the Project it shall comply will all applicable
laws or regulations governing such changes at that time.
(c) Condition.--Subject to the laws of the State of Texas,
Lake Texana shall not be used to wheel water originating from
the Texas, Colorado River.
SEC. 1345. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
Existing obligations of the United States pertaining to the
Project shall continue in effect and be assumed by the State.
SEC. 1346. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
SEC. 1347. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on its prior
ownership or operation of the conveyed property.
Subtitle E--Wellton-Mohawk Division, Gila Project, Arizona
SEC. 1351. SHORT TITLE.
This subtitle may be cited as the ``Wellton-Mohawk Division
Title Transfer Act of 1998''.
SEC. 1352. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Wellton-Mohawk
Irrigation and Drainage District, an irrigation and drainage
district created, organized, and existing under and by virtue
of the laws of the State of Arizona.
(2) The term ``Project'' means all of the right, title, and
interest in and to the Wellton-Mohawk Division, Gila Project,
Arizona, held by the United States pursuant to or related to
any authorization in the Act of July 30, 1947 (chapter 382;
61 Stat. 628).
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``withdrawn lands'' means those lands within
and adjacent to the District that have been withdrawn from
public use for reclamation purposes.
SEC. 1353. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting
the obligations of the Federal Government for the Project,
and subject to the payment of fair market value by the
District for the withdrawn lands and the completion of
payments by the District required under subsection (b)(3),
the Secretary shall convey the Project and the withdrawn
lands to the District in accordance with the Memorandum of
Agreement between the Secretary and the District numbered 8-
AA-34-WAO14 and dated July 10, 1998.
(b) Deadline.--
(1) In general.--The Secretary shall complete the
conveyance expeditiously, but not later than 3 years after
the date of enactment of this Act.
(2) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before
the applicable deadline under paragraph (1), the full cost of
administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
[[Page H9584]]
SEC. 1354. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use or
operation.
(b) Future Alterations.--If the District alters the
operations or uses of the Project, it shall comply with all
applicable laws and regulations governing such changes at
that time.
SEC. 1355. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be held liable under any law for damages of
any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of the conveyed
property.
SEC. 1356. LANDS TRANSFER.
Pursuant to the Memorandum of Agreement between the
Secretary and the District numbered 8-AA-34-WAO14 and dated
July 10, 1998, the Secretary may transfer to the District, by
sale or exchange, at fair market value, public lands located
in or adjacent to the Project, and lands held by the Federal
Government on the date of the enactment of this Act pursuant
to Public Law 93-320 and Public Law 100-512 and located in or
adjacent to the District, other than lands in the Gila River
channel.
SEC. 1357. WATER AND POWER CONTRACTS.
Notwithstanding any conveyance or transfer under this
subtitle, the Secretary and the Secretary of Energy shall
provide for and deliver Colorado River water and Parker-Davis
Project Priority Use Power to the District in accordance with
the terms of existing contracts with the District, including
any amendments and supplements thereto or extensions thereof
and as provided under section 2 of the Memorandum of
Agreement between the Secretary and the District numbered 8-
AA-34-WAO14 and dated July 10, 1998.
Subtitle F--Canadian River Project, Texas
SEC. 1361. SHORT TITLE.
This subtitle may be cited as the ``Canadian River Project
Prepayment Act''.
SEC. 1362. DEFINITIONS.
For the purposes of this subtitle:
(1) The term ``Authority'' means the Canadian River
Municipal Water Authority, a conservation and reclamation
district of the State of Texas.
(2) The term ``Canadian River Project Authorization Act''
means the Act entitled `An Act to authorize the construction,
operation, and maintenance by the Secretary of the Interior
of the Canadian River reclamation project, Texas'', approved
December 29, 1950 (chapter 1183; 64 Stat. 1124).
(3) The term ``Project'' means all of the right, title, and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1363. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority
accepting the obligation of the Federal Government for the
Project and subject to the payment by the Authority of the
applicable amount under paragraph (2) within the 360-day
period beginning on the date of the enactment of this
subtitle, the Secretary shall convey the Project to the
Authority, as provided in section 2(c)(3) of the Canadian
River Project Authorization Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount
shall be--
(A) $34,806,731, if payment is made by the Authority within
the 270-day period beginning on the date of enactment of this
title; or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the
enactment of this subtitle at the appropriate Treasury bill
rate for an equivalent term, if payment is made by the
Authority after the period referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the
Authority within the period specified in paragraph (1), this
subtitle shall have no force or effect.
(b) Financing.--Nothing in this subtitle shall be construed
to affect the right of the Authority to use a particular type
of financing.
SEC. 1364. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use and
operation.
(b) Future Alterations.--If the Authority alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such alteration at
that time.
(c) Recreation.--The Secretary of the Interior, acting
through the National Park Service, shall continue to operate
the Lake Meredith National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting
through the Corps of Engineers, shall continue to prescribe
regulations for the use of storage allocated to flood control
at Lake Meredith as prescribed in the Letter of Understanding
entered into between the Corps, the Bureau of Reclamation,
and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have the
right to occupy and use without payment of lease or rental
charges or license or use fees the property retained by the
Bureau of Reclamation at Sanford Dam and all buildings
constructed by the United States thereon for use as the
Authority's headquarters and maintenance facility. Buildings
constructed by the Authority on such property, or past and
future additions to Government constructed buildings, shall
be allowed to remain on the property. The Authority shall
operate and maintain such property and facilities without
cost to the United States.
SEC. 1365. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of
consideration by the Authority in accordance with section
603(a) shall extinguish all payment obligations under
contract numbered 14-06-500-485 between the Authority and the
Secretary.
(b) Operation and Maintenance Costs.--After completion of
the conveyance provided for in section 1363, the Authority
shall have full responsibility for the cost of operation and
maintenance of Sanford Dam, and shall continue to have full
responsibility for operation and maintenance of the Project
pipeline and related facilities.
(c) General.--Rights and obligations under the existing
contract No. 14-06-500-485 between the Authority and the
United States, other than provisions regarding repayment of
construction charge obligation by the Authority and
provisions relating to the Project aqueduct, shall remain in
full force and effect for the remaining term of the contract.
SEC. 1366. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
SEC. 1367. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project under this subtitle, the United
States shall not be liable under any law for damages of any
kind arising out of any act, omission, or occurrence relating
to the conveyed property.
Subtitle G--Clear Creek Distribution System, California
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ``Clear Creek
Distribution System Conveyance Act''.
SEC. 1372. DEFINITIONS.
For purposes of this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Distribution system.--The term ``Distribution System''
means all the right title and interest in and to the Clear
Creek distribution system as defined in the agreement
entitled ``Agreement Between the United States and the Clear
Creek Community Services District to Transfer Title to the
Clear Creek Distribution System to the Clear Creek Community
Services District'' (Agreement No. 8-07-20-L6975).
SEC. 1373. CONVEYANCE OF PROJECT.
(a) In General.--In consideration of the District accepting
the obligations of the Federal Government for the
Distribution System and subject to the completion of payments
by the District required under subsection (b)(3), the
Secretary shall convey the Distribution System to the
District.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but
not later than 180 days after the date of the enactment of
this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this subtitle before
the applicable deadline under paragraph (1) or (2), the full
cost of administrative action and environmental compliance
for the conveyance shall be borne by the Secretary. If the
Secretary completes the conveyance before that deadline, \1/
2\ of such cost shall be paid by the District.
SEC. 1374. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Distribution System from its
current use and operation.
(b) Future Alterations.--If the District alters the
operations or uses of the Distribution System it shall comply
with all applicable laws or regulations governing such
changes at that time (subject to section 1375).
SEC. 1375. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Native American Trust Responsibility.--The Secretary
shall ensure that any
[[Page H9585]]
trust responsibilities to any Native American Tribes that may
be affected by the conveyance under this title are protected
and fulfilled.
(b) Contract Obligations.--Conveyance of the Distribution
System under this subtitle--
(1) shall not affect any of the provisions of the
District's existing water service contract with the United
States (contract number 14-06-200-489-IR3), as it may be
amended or supplemented; and
(2) shall not deprive the District of any existing
contractual or statutory entitlement to subsequent interim
renewals of such contract or to renewal by entering into a
long-term water service contract.
SEC. 1376. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Distribution System under this subtitle,
the United States shall not be liable under any law for
damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of the
conveyed property.
Subtitle H--Pine River Project, Colorado
SEC. 1381. SHORT TITLE.
This subtitle may be cited as the ``Vallecito Dam and
Reservoir Conveyance Act''.
SEC. 1382. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``District'' means the Pine River Irrigation
District, a political division of the State of Colorado duly
organized, existing, and acting pursuant to the laws thereof
with its principal place of business in the city of Bayfield,
La Plata County, Colorado.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term the ``Project'' means Vallecito Dam and
Reservoir, and associated interests, owned by the United
States and authorized in 1937 under the provisions of the
Department of the Interior Appropriation Act of June 25, 1910
(36 Stat. 835).
(4) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended
November 30, 1953, all amendments thereto, and changes
pursuant to the Act of July 27, 1954 (68 Stat. 534).
(5) The term ``Tribe'' means the Southern Ute Indian Tribe,
a federally recognized Indian tribe located on the Southern
Ute Indian Reservation, La Plata County, Colorado.
(6) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United
States Department of Agriculture, Forest Service and United
States Department of the Interior, Bureau of Reclamation and
the Bureau of Indian Affairs'' dated March, 1998.
SEC. 1383. CONVEYANCE OF PROJECT.
(a) Conveyance to District.--
(1) In general.--In consideration of the District accepting
the obligations of the Federal Government for the Project and
subject to the completion of payments by the District
required under subsection (b)(3) and occurrence of the events
described in paragraphs (2) and (3) of this subsection, the
Secretary shall convey an undivided \5/6\ interest in the
Project to the District.
(2) Submission of management plan.--Prior to any conveyance
under paragraph (1), the District shall submit to the
Secretary a plan to manage the Project in a manner
substantially similar to the manner in which it was managed
prior to the transfer and in accordance with applicable
Federal and State laws, including provisions--
(A) protecting the interests in the Project held by the
Bureau of Indian Affairs for the Tribe;
(B) preserving public access and recreational values and
preventing growth on certain lands to be conveyed hereunder,
as set forth in an Agreement dated March 20, 1998, between
the District and residents of Vallecito Reservoir; and
(C) ensuring that any future change in the use of the water
supplied by Vallecito Reservoir shall comply with applicable
law.
(3) Limitation.--No interest in the Project shall convey
under this subsection before the date on which the Secretary
receives a copy of a resolution adopted by the Tribe
declaring that the terms of the conveyance protects the
Indian trust assets of the Tribe.
(b) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance under subsection (a)
expeditiously, but not later than 180 days after the date of
the enactment of this Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes for the
purpose of completing any required environmental evaluation
associated with the conveyance; and
(B) shall complete the conveyance by not later than 2 years
after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the District
submits a plan in accordance with subsection (a)(2) and the
Secretary receives a copy of a resolution described in
subsection (a)(3), and the Secretary fails to complete the
conveyance under subsection (a) before the applicable
deadline under paragraph (1) or (2), the full cost of
administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary
completes the conveyance before that deadline, \1/2\ of such
cost shall be paid by the District.
(c) Tribal Interests.--At the option of the Tribe, the
Secretary shall convey to the Tribe an undivided \1/6\
interest in the Project, all interests in lands over which
the Bureau of Indian Affairs holds administrative
jurisdiction under section 1384(e)(1)(A), and water rights
associated with those interests. No consideration or
compensation shall be required to be paid to the United
States for such conveyance.
(d) Restriction on Partition.--Any conveyance of interests
in lands under this subtitle shall be subject to the
prohibition that those interests in those lands may not be
partitioned. Any quit claim deed or patent evidencing such a
conveyance shall expressly prohibit partitioning.
SEC. 1384. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this subtitle shall be
construed as significantly expanding or otherwise changing
the use or operation of the Project from its current use and
operation.
(b) Description of Existing Condition.--The Secretary shall
submit to the District, the Bureau of Indian Affairs, and the
State of Colorado a description of the existing condition of
Vallecito Dam based on Bureau of Reclamation's current
knowledge and understanding.
(c) Future Alterations.--If the District alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such changes at that
time.
(d) Flood Control Plan.--The District shall work with Corps
of Engineers to develop a flood control plan for the
operation of Vallecito Dam for flood control purposes.
(e) Jurisdictional Transfer of Lands.--
(1) Inundated lands.--To provide for the consolidation of
lands associated with the Project to be retained by the
Forest Service and the consolidation of lands to be
transferred to the District, the administrative jurisdiction
of lands inundated by and along the shoreline of Vallecito
Reservoir, as shown on the Jurisdictional Map, shall be
transferred, as set forth in this subsection, concurrently
with any conveyance under section 1383. Except as otherwise
shown on the Jurisdictional Map--
(A) for withdrawn lands (approximately 260 acres) lying
below the 7,665-foot reservoir water surface elevation level,
the Forest Service shall transfer an undivided \5/6\ interest
to the Bureau of Reclamation and an undivided \1/6\ interest
to the Bureau of Indian Affairs in trust for the Tribe; and
(B) for Project acquired lands (approximately 230 acres)
above the 7,665-foot reservoir water surface elevation level,
the Bureau of Reclamation and the Bureau of Indian Affairs
shall transfer their interests to the Forest Service.
(2) Map.--The Jurisdictional Map and legal descriptions of
the lands transferred pursuant to paragraph (1) shall be on
file and available for public inspection in the offices of
the Chief of the Forest Service, the Commissioner of
Reclamation, appropriate field offices of those agencies, and
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate.
(3) Administration.--Following the transfer of
administrative jurisdiction under paragraph (1):
(A) All lands that, by reason of the transfer of
administrative jurisdiction under paragraph (1), become
National Forest System lands within the boundaries of the San
Juan National Forest, shall be administered in accordance
with the laws, rules, and regulations applicable to the
National Forest System.
(B) Bureau of Reclamation withdrawals of land from the San
Juan National Forest established by Secretarial Orders on
November 9, 1936, October 14, 1937, and June 20, 1945,
together designated as Serial No. C-28259, shall be revoked.
(C) The Forest Service shall issue perpetual easements to
the District and the Bureau of Indian Affairs, at no cost to
the District or the Bureau of Indian Affairs, providing
adequate access across all lands subject to Forest Service
jurisdiction to insure the District and the Bureau of Indian
Affairs the ability to continue to operate and maintain the
Project.
(D) The undivided \5/6\ interest in National Forest System
lands that, by reason of the transfer of administrative
jurisdiction under paragraph (1) is to be administered by
Bureau of Reclamation, shall be conveyed to the District
pursuant to section 1383.
(E) The District and the Bureau of Indian Affairs shall
issue perpetual easements to the Forest Service, at no cost
to the Forest Service, from National Forest System lands to
Vallecito Reservoir to assure continued public access to
Vallecito Reservoir when the Reservoir level drops below the
7,665-foot water surface elevation.
(F) The District and the Bureau of Indian Affairs shall
issue a perpetual easement to the Forest Service, at no cost
to the Forest Service, for the reconstruction, maintenance,
and operation of a road from La Plata County Road No. 501 to
National Forest System lands east of the Reservoir.
(4) Valid existing rights.--Nothing in this subsection
shall affect any valid existing rights or interests in any
existing land use
[[Page H9586]]
authorization, except that any such land use authorization
shall be administered by the agency having jurisdiction over
the land after the transfer of administrative jurisdiction
under paragraph (1) in accordance with paragraph (3) and
other applicable law. Renewal or reissuance of any such
authorization shall be in accordance with applicable law and
the regulations of the agency having jurisdiction, except
that the change of administrative jurisdiction shall not in
itself constitute a ground to deny the renewal or reissuance
of any such authorization.
(f) Federal Dam Charge.--Nothing in this subtitle shall
relieve the holder of the Federal Energy Regulatory
Commission license for Vallecito Dam in effect on the date of
the enactment of this Act from the obligation to make
payments under section 10(e)(2) of the Federal Power Act
during the term of the license. At the expiration of the
present license term, the Federal Energy Regulatory
Commission shall adjust the charge to reflect either (1) the
1/6 interest of the United States remaining in the Vallecito
Dam after conveyance to the District; or (2) if the remaining
1/6 interest of the United States has been conveyed to the
Tribe pursuant to section 1383(c), then no Federal dam charge
shall be levied from the date of expiration of the present
license.
SEC. 1385. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
SEC. 1386. LIABILITY.
Except as otherwise provided by law, effective on the date
of the conveyance of the remaining undivided 1/6 right and
interest in the Pine River Project to the Tribe pursuant to
subsection 1383(c), the United States shall not be held
liable by any court for damages of any kind arising out of
any act, omission, or occurrence relating to such Project,
based on its prior ownership or operation of the conveyed
property.
Subtitle I--Technical Corrections and Miscellaneous Provisions
SEC. 1391. TECHNICAL CORRECTIONS.
(a) Reduction of Waiting Period for Obligation of Funds
Provided Under Reclamation Safety of Dams Act of 1978.--
Section 5 of the Reclamation Safety of Dams Act of 1978 (92
Stat. 2471; 43 U.S.C. 509) is amended by striking ``sixty
days'' and all that follows through ``day certain)'' and
inserting ``30 calendar days''.
(b) Albuquerque Metropolitan Area Reclamation and Reuse
Project.--
(1) Technical corrections.--Section 1621 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12g) is amended--
(A) by amending the section heading to read as follows:
``SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER RECLAMATION
AND REUSE PROJECT.'';
and
(B) in subsection (a) by striking ``Reuse'' and all that
follows through ``reclaim'' and inserting ``Reuse Project to
reclaim''.
(2) Clerical amendment.--The table of sections in section 2
of such Act is amended by striking the item relating to
section 1621 and inserting the following:
``Sec. 1621. Albuquerque Metropolitan Area Water Reclamation and Reuse
Project.''.
(c) Phoenix Metropolitan Water Reclamation and Reuse
Project.--Section 1608 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (106 Stat. 4666; 43
U.S.C. 390h-6) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Secretary, in cooperation with the city of
Phoenix, Arizona, shall participate in the planning, design,
and construction of the Phoenix Metropolitan Water
Reclamation and Reuse Project to utilize fully wastewater
from the regional wastewater treatment plant for direct
municipal, industrial, agricultural, and environmental
purposes, groundwater recharge, and indirect potable reuse in
the Phoenix metropolitan area.'';
(2) in subsection (b) by striking the first sentence; and
(3) by striking subsection (c).
(d) Refund of Certain Amounts Received Under Reclamation
Reform Act of 1982.--
(1) Refund required.--Subject to paragraph (2) and the
availability of appropriations, the Secretary of the Interior
shall refund fully amounts received by the United States as
collections under section 224(i) of the Reclamation Reform
Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)) for paid
bills (including interest collected) issued by the Secretary
of the Interior before January 1, 1994, for full-cost charges
that were assessed for failure to file certain certification
forms under sections 206 and 224(c) of such Act (96 Stat.
1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
(2) Administrative fee.--In the case of a refund of amounts
collected in connection with sections 206 and 224(c) of the
Reclamation Reform Act of 1982 (96 Stat. 1266, 1272; 43
U.S.C. 390ff, 390ww(c)) with respect to any water year after
the 1987 water year, the amount refunded shall be reduced by
an administrative fee of $260 for each occurrence.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $3,000,000.
(e) Extension of Periods for Repayments for Nueces River
Reclamation Project and Canadian River Reclamation Project,
Texas.--Section 2 of the Emergency Drought Relief Act of 1996
(Public Law 104-318; 110 Stat. 3862) is amended by adding at
the end the following new subsection:
``(c) Extension of Periods for Repayment.--Notwithstanding
any provision of the Reclamation Project Act of 1939 (43
U.S.C. 485 et seq.), the Secretary of the Interior--
``(1) shall extend the period for repayment by the city of
Corpus Christi, Texas, and the Nueces River Authority under
contract No. 6-07-01-X0675, relating to the Nueces River
reclamation project, Texas, until--
``(A) August 1, 2029, for repayment pursuant to the
municipal and industrial water supply benefits portion of the
contract; and
``(B) until August 1, 2044, for repayment pursuant to the
fish and wildlife and recreation benefits portion of the
contract; and
``(2) shall extend the period for repayment by the Canadian
River Municipal Water Authority under contract No. 14-06-500-
485, relating to the Canadian River reclamation project,
Texas, until October 1, 2021.''.
(f) Solano Project Water.--
(1) Authorization.--The Secretary of the Interior is
authorized to enter into contracts with the Solano County
Water Agency, or any of its member unit contractors for water
from the Solano Project, California, pursuant to the Act of
February 21, 1911 (43 U.S.C. 523), for--
(A) the impounding, storage, and carriage of nonproject
water for domestic, municipal, industrial, and other
beneficial purposes, using any facilities associated with the
Solano Project, California, and
(B) the exchange of water among Solano Project contractors,
for the purposes set forth in subparagraph (A), using
facilities associated with the Solano Project, California.
(2) Limitation.--The authorization under paragraph (1)
shall be limited to the use of that portion of the Solano
Project facilities downstream of Mile 26 of the Putah South
Canal (as that canal is depicted on the official maps of the
Bureau of Reclamation), which is below the diversion points
on the Putah South Canal utilized by the city of Fairfield
for delivery of Solano Project water.
(g) Fish Passage and Protective Facilities, Rogue River
Basin, Oregon.--The Secretary of the Interior is authorized
to use otherwise available amounts to provide up to
$2,000,000 in financial assistance to the Medford Irrigation
District and the Rogue River Valley Irrigation District for
the design and construction of fish passage and protective
facilities at North Fork Little Butte Creek Diversion Dam and
South Fork Little Butte Creek Diversion Dam in the Rogue
River basin, Oregon, if the Secretary determines in writing
that these facilities will enhance the fish recovery efforts
currently underway at the Rogue River Basin Project, Oregon.
SEC. 1392. AUTHORIZATION TO CONSTRUCT TEMPERATURE CONTROL
DEVICES.
(a) Folsom Dam.--The Secretary of the Interior is hereby
authorized to construct in accordance with the draft
environmental impact statement/environmental impact report
for the Central Valley Supply contracts under Public Law 101-
514 (section 206) and the report entitled ``Assessment of the
Beneficial and Adverse Impacts of Operating a Temperature
Control Device (TCD) at the Water Supply Intakes of Folsom
Dam'', a temperature control device on Folsom Dam and
necessary associated temperature monitoring facilities. The
temperature control device and said associated temperature
monitoring facilities shall be operated as an integral part
of the Central Valley Project for the benefit and propagation
of fall-run chinook salmon and steelhead trout in the
American River, California.
(b) Device on Non-CVP Facilities.--The Secretary of the
Interior is hereby authorized to construct or assist in the
construction of 1 or more temperature control devices on
existing non-Federal facilities delivering Central Valley
Project water supplies from Folsom Reservoir and necessary
associated temperature monitoring facilities. These costs of
construction of temperature control device and associated
temperature monitoring facilities shall be nonreimbursable
and operated by the non-Federal facility owner at its
expense, in coordination with the Central Valley Project for
the benefit and propagation of chinook salmon and steelhead
trout in the American River, California.
(c) Authorization.--There is hereby authorized to be
appropriated for the construction of a temperature control
device on Folsom Dam and necessary associated temperature
monitoring facilities the sum of $5,000,000 (adjusted for
inflation based on October 1997 prices). There is also
authorized to be appropriated for the construction of a
temperature control device on existing non-Federal facilities
and necessary associated temperature monitoring facilities
the sum of $2,000,000 (October 1997 prices). There is also
authorized to be appropriated, in addition thereto, such
amounts as are required for operation, maintenance, and
replacement of the temperature control devices on Folsom Dam
and associated temperature monitoring facilities.
SEC. 1393. COLUSA BASIN WATERSHED INTEGRATED RESOURCES
MANAGEMENT.
(a) Short Title.--This section may be cited as the ``Colusa
Basin Watershed Integrated Resources Management Act''.
(b) Authorization of Assistance.--The Secretary of the
Interior (in this section referred to as the ``Secretary'')
may provide financial assistance to the Colusa Basin
[[Page H9587]]
Drainage District, California (in this section referred to as
the ``District''), for use by the District or by local
agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage Act
(California Stats. 1987, ch. 1399), as in effect on the date
of the enactment of this Act (in this section referred to as
the ``State statute''), for planning, design, environmental
compliance, and construction required in carrying out
eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
(c) Project Selection.--
(1) Eligible projects.--A project shall be an eligible
project for purposes of subsection (b) only if it is--
(A) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(B) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(2) Compatibility requirement.--The Secretary shall ensure
that projects for which assistance is provided under this
section are not inconsistent with watershed protection and
environmental restoration efforts being carried out under the
authority of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED
Bay-Delta Program.
(d) Cost Sharing.--
(1) Non-federal share.--The Secretary shall require that
the District and cooperating non-Federal agencies or
organizations pay--
(A) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
section; and
(B) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(2) Planning, design, and compliance assistance.--Funds
appropriated pursuant to this section may be made available
to fund all costs incurred for planning, design, and
environmental compliance activities by the District or by
local agencies acting pursuant to the State statute, in
accordance with agreements with the Secretary.
(3) Treatment of contributions.--For purposes of this
subsection, the Secretary shall treat the value of lands,
interests in lands (including rights-of-way and other
easements), and necessary relocations contributed by the
District to a project as a payment by the District of the
costs of the project.
(e) Costs Nonreimbursable.--Amounts expended pursuant to
this section shall be considered nonreimbursable for purposes
of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et
seq.), and Acts amendatory thereof and supplemental thereto.
(f) Agreements.--Funds appropriated pursuant to this
section may be made available to the District or a local
agency only if the District or local agency, as applicable,
has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by subsection (d)(1); and
(2) governing the funding of planning, design, and
compliance activities costs under subsection (d)(2).
(g) Reimbursement.--For project work (including work
associated with studies, planning, design, and construction)
carried out by the District or by a local agency acting
pursuant to the State statute referred to in subsection (b)
before the date amounts are provided for the project under
this section, the Secretary shall, subject to amounts being
made available in advance in appropriations Acts, reimburse
the District or the local agency, without interest, an amount
equal to the estimated Federal share of the cost of such work
under subsection (d).
(h) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the
Secretary in carrying out the purposes of this section.
(2) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage
and let contracts and receive reimbursements, subject to
amounts being made available in advance in appropriations
Acts, for work carried out under such contracts or
subcontracts.
(i) Relationship to Reclamation Reform Act of 1982.--
Activities carried out, and financial assistance provided,
under this section shall not be considered a supplemental or
additional benefit for purposes of the Reclamation Reform Act
of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
(j) Appropriations Authorized.--There are authorized to be
appropriated to the Secretary to carry out this section
$25,000,000, plus such additional amount, if any, as may be
required by reason of changes in costs of services of the
types involved in the District's projects as shown by
engineering and other relevant indexes. Sums appropriated
under this subsection shall remain available until expended.
SEC. 1394. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to abrogate or
affect any obligation of the United States under section
120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
TITLE XIV--PROVISIONS SPECIFIC TO ALASKA
SEC. 1401. AUTOMATIC LAND BANK PROTECTION.
(a) Lands Received in Exchange From Certain Federal
Agencies.--The matter preceding clause (i) of section
907(d)(1)(A) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1636(d)(1)(A)) is amended by
inserting ``or conveyed to a Native Corporation pursuant to
an exchange authorized by section 22(f) of Alaska Native
Claims Settlement Act or section 1302(h) of this Act or other
applicable law'' after ``Settlement Trust''.
(b) Lands Exchanged Among Native Corporations.--Section
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)(B)) is
amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of
an exchange or conveyance of such land or interest in land
between or among Native Corporations and trusts,
partnerships, corporations, or joint ventures, whose
beneficiaries, partners, shareholders, or joint venturers are
Native Corporations.''.
(c) Actions by Trustee Serving Pursuant to Agreement of
Native Corporations.--Section 907(d)(3)(B) of such Act (43
U.S.C. 1636(d)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to actions by any trustee whose right, title, or
interest in land or interests in land arises pursuant to an
agreement between or among Native Corporations and trusts,
partnerships, or joint ventures whose beneficiaries,
partners, shareholders, or joint venturers are Native
Corporations.''.
SEC. 1402. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.
Section 907(d)(2)(A)(i) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1636(d)(2)(A)(i)) is
amended--
(1) by inserting ``Any such modification shall be performed
by the Native individual or Native Corporation.'' after
``substantial modification.'';
(2) by inserting a period after ``developed state'' the
second place it appears; and
(3) by adding ``Any lands previously developed by third-
party trespassers shall not be considered to have been
developed.''.
SEC. 1403. RETAINED MINERAL ESTATE.
(a) In General.--Section 12(c)(4) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611(c)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively, and by inserting
after subparagraph (B) the following new subparagraphs:
``(C) Where such public lands are surrounded by or
contiguous to subsurface lands obtained by a Regional
Corporation under subsections (a) or (b), the Corporation
may, upon request, have such public land conveyed to it.
``(D)(i) A Regional Corporation which elects to obtain
public lands under subparagraph (C) shall be limited to a
total of not more than 12,000 acres. Selection by a Regional
Corporation of in lieu surface acres under subparagraph (E)
pursuant to an election under subparagraph (C) shall not be
made from any lands within a conservation system unit (as
that term is defined by section 102(4) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3102(4)).
``(ii) An election to obtain the public lands described in
subparagraph (A), (B), or (C) shall include all available
parcels within the township in which the public lands are
located.
``(iii) For purposes of this subparagraph and subparagraph
(C), the term `Regional Corporation' shall refer only to
Doyon, Limited.''; and
(2) in subparagraph (E) (as so redesignated), by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
(b) Failure to Appeal Not Prohibitive.--Section 12(c) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c))
is amended by adding at the end the following:
``(5) Subparagraphs (A), (B), and (C) of paragraph (4)
shall apply, notwithstanding the failure of the Regional
Corporation to have appealed the rejection of a selection
during the conveyance of the relevant surface estate.''.
SEC. 1404. AMENDMENT TO PUBLIC LAW 102-415.
Section 20 of the Alaska Land Status Technical Corrections
Act of 1992 (106 Stat. 2129), is amended by adding at the end
the following new subsection:
``(h) Establishment of the account under subsection (b) and
conveyance of land under subsection (c), if any, shall be
treated as though 3,520 acres of land had been conveyed to
Gold Creek under section 14(h)(2) of the Alaska Native Claims
Settlement Act for which rights to subsurface estate are
hereby provided to CIRI. Within 1 year from the
[[Page H9588]]
date of the enactment of this subsection, CIRI shall select
3,520 acres of land from the area designated for selection by
paragraph I.B.(2)(b) of the document identified in section
12(b) (referring to the Talkeetna Mountains) of the Act of
January 2, 1976 (43 U.S.C. 1611 note). Not more than five
selections shall be made under this subsection, each of which
shall be reasonably compact and in whole sections, except
when separated by unavailable land or when the remaining
entitlement is less than a whole section.''.
SEC. 1405. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE
CORPORATION.
Section 29(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1626(c)) is amended--
(1) in paragraph (3)(A), by inserting ``and on bonds
received from a Native Corporation'' after ``from a Native
Corporation''; and
(2) in paragraph (3)(B), by inserting ``or bonds issued by
a Native Corporation which bonds shall be subject to the
protection of section 7(h) until voluntarily and expressly
sold or pledged by the shareholder subsequent to the date of
distribution'' before the semicolon.
SEC. 1406. MINING CLAIMS.
Paragraph (3) of section 22(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(c)) is amended--
(1) by striking out ``regional corporation'' each place it
appears and inserting in lieu thereof ``Regional
Corporation''; and
(2) by adding at the end the following: ``The provisions of
this section shall apply to Haida Corporation and the Haida
Traditional Use Sites, which shall be treated as a Regional
Corporation for the purposes of this paragraph, except that
any revenues remitted to Haida Corporation under this section
shall not be subject to distribution pursuant to section 7(i)
of this Act.''.
SEC. 1407. SALE, DISPOSITION, OR OTHER USE OF COMMON
VARIETIES OF SAND, GRAVEL, STONE, PUMICE, PEAT,
CLAY, OR CINDER RESOURCES.
Subsection (i) of section 7 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(i)) is amended--
(1) by striking ``Seventy per centum'' and inserting ``(A)
Except as provided by subparagraph (B), seventy percent'';
and
(2) by adding at the end the following:
``(B) In the case of the sale, disposition, or other use of
common varieties of sand, gravel, stone, pumice, peat, clay,
or cinder resources made during a fiscal year ending after
the date of enactment of this subparagraph, the revenues
received by a Regional Corporation shall not be subject to
division under subparagraph (A). Nothing in this subparagraph
is intended to or shall be construed to alter the ownership
of such sand, gravel, stone, pumice, peat, clay, or cinder
resources.''.
SEC. 1408. ALASKA NATIVE ALLOTMENT APPLICATIONS.
Section 905(a) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1634(a)) is amended by adding at
the end the following:
``(7) Paragraph (1) of this subsection and subsection (d)
shall apply, and paragraph (5) of this subsection shall cease
to apply, to an application--
``(A) that is open and pending on the date of enactment of
this paragraph,
``(B) if the lands described in the application are in
Federal ownership other than as a result of reacquisition by
the United States after January 3, 1959, and
``(C) if any protest which is filed by the State of Alaska
pursuant to paragraph (5)(B) with respect to the application
is withdrawn or dismissed either before, on, or after the
date of the enactment of this paragraph.
``(8)(A) Any allotment application which is open and
pending and which is legislatively approved by enactment of
paragraph (7) shall, when allotted, be made subject to any
easement, trail, or right-of-way in existence on the date of
the Native allotment applicant's commencement of use and
occupancy.
``(B) The jurisdiction of the Secretary is extended to make
any factual determinations required to carry out this
paragraph.''.
SEC. 1409. VISITOR SERVICES.
Paragraph (1) of section 1307(b) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197(b)) is
amended--
(1) by striking ``Native Corporation'' and inserting
``Native Corporations''; and
(2) by striking ``is most directly affected'' and inserting
``are most directly affected''.
SEC. 1410. LOCAL HIRE REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall
transmit to Congress a report.
(b) Local Hire.--The report required by subsection (a)
shall--
(1) indicate the actions taken in carrying out subsection
(b) of section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198);
(2) address the recruitment processes that may restrict
employees hired under subsection (a) of such section from
successfully obtaining positions in the competitive service;
and
(3) describe the actions of the Secretary of the Interior
in contracting with Alaska Native Corporations to provide
services with respect to public lands in Alaska.
(c) Cooperation.--The Secretary of Agriculture shall
cooperate with the Secretary of the Interior in carrying out
this section with respect to the Forest Service.
SEC. 1411. SHAREHOLDER BENEFITS.
Section 7 of the Alaskan Native Claims Settlement Act (43
U.S.C. 1606) is amended by adding at the end the following:
``(r) Benefits for Shareholders or Immediate Families.--The
authority of a Native Corporation to provide benefits to its
shareholders who are Natives or descendants of Natives or to
its shareholders' immediate family members who are Natives or
descendants of Natives to promote the health, education, or
welfare of such shareholders or family members is expressly
authorized and confirmed. Eligibility for such benefits need
not be based on share ownership in the Native Corporation and
such benefits may be provided on a basis other than pro rata
based on share ownership.''.
SEC. 1412. SHAREHOLDER HOMESITE PROGRAM.
Section 39(b)(1)(B) of the Alaskan Native Claims Settlement
Act (43 U.S.C. 1629e(b)(1)(B)) is amended by inserting after
``settlor corporation'' the following: ``or the land is
conveyed for a homesite by the Trust to a beneficiary of the
Trust who is also a legal resident under Alaska law of the
Native village of the settlor corporation and the conveyance
does not exceed 1.5 acres''.
SEC. 1413. MORATORIUM ON FEDERAL MANAGEMENT.
Prior to December 31, 1999, neither the Secretary of the
Interior nor the Secretary of Agriculture may issue or
implement final regulations, rules, or policies pursuant to
title VIII of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3111 et seq.) to assert jurisdiction,
management, or control over the navigable waters transferred
to the State of Alaska pursuant to the Submerged Lands Act
(43 U.S.C. 1301 et seq.) or the Act entitled ``An Act to
provide for the admission of the State of Alaska into the
Union'', approved July 7, 1958 (Public Law 85-508; 72 Stat.
339).
SEC. 1414. EASEMENT FOR CHUGACH ALASKA CORPORATION.
(a) In General.--Notwithstanding any other provision of
law, not later than December 11, 1998, the Secretary of
Agriculture shall convey to Chugach Alaska Corporation an
easement for the construction, use, and maintenance of forest
roads and related facilities necessary for access to and
economic development of the land interests in the Carbon
Mountain and Katalla vicinity that were conveyed to Chugach
Alaska Corporation pursuant to the Alaska Native Claims
Settlement Act. The public shall be permitted use of the
roads pursuant to the terms and conditions contained in the
1982 Chugach Natives, Inc. Settlement Agreement. The location
of the easement is depicted on the map entitled ``Carbon
Mountain Access Easement'' and dated November 4, 1997.
Nothing in this section waives any legal environmental
requirement with respect to the actual road construction.
(b) Construction and Maintenance.--Construction and
maintenance of any roads pursuant to subsection (a) shall be
in accordance with the best management practices of the
Forest Service as promulgated in the Forest Service Handbook.
(c) Settlement Agreement To Remain In Force.--Nothing in
this section shall be construed as impairing or diminishing
any right granted Chugach Alaska Corporation under the 1982
Chugach Natives, Inc. Settlement Agreement.
SEC. 1415. CALISTA NATIVE CORPORATION LAND EXCHANGE.
(a) Congressional Findings.--Congress finds and declares
that--
(1) the land exchange authorized by section 8126 of Public
Law 102-172 should be implemented without further delay;
(2) the Calista Corporation, the Native Regional
Corporation organized under the authority of the Alaska
Native Claims Settlement Act for the Yupik Eskimos of
Southwestern Alaska, which includes the majority of the Yukon
Delta National Wildlife Refuge--
(A) has responsibilities provided for by the Alaska Native
Claims Settlement Act to help address social, cultural,
economic, health, subsistence, and related issues within the
region and among its villages, including the viability of the
villages themselves, many of which are remote and isolated;
and
(B) has been unable to fully carry out such
responsibilities;
(3) the implementation of the exchange referenced in this
subsection is essential to helping Calista utilize its assets
to carry out those responsibilities and to realize the
benefits of the Alaska Native Claims Settlement Act;
(4) the parties to the exchange have been unable to reach
agreement on the valuation of the lands and interests in
lands to be conveyed to the United States under section 8126
of Public Law 102-172; and
(5) in light of the foregoing, it is appropriate and
necessary in this unique situation that Congress authorize
and direct the implementation of this exchange as set forth
in this section in furtherance of the purposes and underlying
goals of the Alaska Native Claims Settlement Act and the
Alaska National Interest Lands Conservation Act.
(b) Land Exchange Implementation.--Section 8126 of Public
Law 102-172 (105 Stat. 1206) is amended to read as follows:
``Sec. 8126. (a)(1) In exchange for lands, partial estates,
and land selection rights identified in the document entitled
`The Calista Conveyance and Relinquishment Document', dated
October 28, 1991, as amended September 18, 1998 (hereinafter
referred to as `CCRD'), the United States will establish a
property account for the Calista Corporation, a corporation
organized under the laws
[[Page H9589]]
of the State of Alaska, in the amount identified in the CCRD,
and in accordance with the provisions of this Act.
``(2) The CCRD contains the land descriptions of the lands
and interests in lands to be conveyed, the selections to be
relinquished, the charges to entitlement, the quantity and
class of entitlement to be transferred to the United States,
the terms of the Kuskokwim Corporation Conservation Easement,
and the amount that is authorized for the property account.
``(3) The covenants, terms, and conditions to be used in
any transfers to the United States described in the CCRD
shall be binding on the United States and the participating
Native corporations and shall be a matter of Federal law.
``(b)(1) The aggregate values of such lands and interests
in lands, together with compensation for the considerations
set forth in congressional findings concerning the Calista
Region and its villages, shall be the sum provided in section
IX of the CCRD. The amounts credited to the property account
described in this subsection shall not be subject to
adjustment for minor changes in acreage resulting from
preparation or correction of the land descriptions in the
CCRD or the exclusion of any small tracts of land as a result
of hazardous material surveys. The Secretary of the Interior
shall maintain an accounting of the lands and interests in
lands remaining to be conveyed or relinquished by Calista
Corporation and the participating village corporations
pursuant to this section. The Secretary of the Treasury on
October 1, 1998, shall establish a property account on behalf
of Calista Corporation.
``(2) The account shall be credited and available for use
as provided in paragraph (4), according to the following
schedule of percentages of the amount in section IX of the
CCRD:
``(A) On October 1, 1999, and on October 1 of each year
thereafter through October 1, 2005, the amount equal to 12.69
percent.
``(B) On October 1, 2007, the amount equal to 11.17
percent.
``(3)(A) Unless otherwise authorized by law, the aggregate
amount of all credits to the account, pursuant to the
schedule set forth in paragraph (2), shall be equal to the
amount in section IX of the CCRD.
``(B) All amounts credited to the account shall be from
amounts in the Treasury not otherwise appropriated and shall
be available for expenditure without further appropriation
and without fiscal year limitation.
``(4) The property account may not be used until all
conveyances, relinquishments of selections, and adjustments
to entitlements described in the CCRD have been made to and
accepted by the United States. The Secretary of the Interior
shall notify the Secretary of the Treasury when all
requirements of the preceding sentence have been met.
Immediately thereafter the Secretary of the Treasury shall
comply with his duties under this paragraph including the
computations of the amount in the account, the amount that
may be expended in any particular Federal fiscal year, and
the balance of the account after any transaction. The
property account may be used in the same manner as any other
property account held by any other Alaska Native Corporation.
``(5) Notwithstanding any other provision of law, Calista
Corporation on its own behalf or on behalf of the village
corporations identified in the CCRD, may assign any or all of
the account upon written notification to the Secretary of the
Treasury and the Secretary of the Interior.
``(6) The Secretary of the Treasury shall notify the
Secretary of the Interior and Calista whenever there is a
reduction in the property account, the purpose for such
reduction and the remaining balance in the account. The
Alaska State Office of the Bureau of Land Management shall be
the official repository of such notices.
``(7) For the purpose of the determination of the
applicability of section 7(i) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(i)) to revenues generated
pursuant to that section, such revenues shall be calculated
in accordance with section IX of the CCRD.
``(8) The United States shall not be liable for the
redistribution of benefits by the Calista Corporation to the
participating Alaska Native village corporations pursuant to
this section.
``(9) These transactions are not based on appraised
property values and therefore shall not be used as a
precedent for establishing property values.
``(10) Prior to the issuance of any conveyance documents or
relinquishments and acceptance, the Secretary of the Interior
and the participating Native corporations may, by mutual
agreement, modify the legal descriptions included in the CCRD
to correct clerical errors.
``(11) Property located in the State of Alaska that is
purchased by use of the property account shall be considered
and treated as conveyances of land selections under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(12) The conveyance of lands, partial estates and land
selection rights and relinquishment or adjustments to
entitlement made by the Alaska Native Corporations pursuant
to this section and the use of the property account in the
Treasury shall be treated as the receipt of land or any
interest therein or cash in order to equalize the values of
properties exchanged pursuant to section 22(f) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1621(f)) as provided
in the first sentence in section 21(c) of that Act (43 U.S.C.
1620(c)).
``(13) With respect to the content of the CCRD, the
Secretary of the Interior, the Calista Regional Corporation,
and the participating village corporations agree upon the
lands, interests in lands, relinquishments and adjustments to
entitlement described therein that may be offered to the
United States pursuant to this section. These parties also
agree with the amounts to be made available in the property
account once all conveyances and relinquishments are
completed, and the parties agree with the needs set forth in
the congressional findings in section 6(a) of the ANCSA Land
Bank Protection Act of 1998. The parties do not necessarily
agree on the hortatory statements, descriptions, and
attributions of resource values which are included in the
CCRD as drafted by Calista. But such disagreements will not
affect the implementation of this section.
``(14) Descriptions of resource values provided for surface
lands which are not offered in the exchange and will remain
privately owned by village corporations form no part of the
consideration for the exchange.''.
TITLE XV--OTHER PROVISIONS
SEC. 1501. ADAMS NATIONAL HISTORICAL PARK.
(a) Findings.--Congress finds the following:
(1) In 1946, the Secretary of the Interior, by means of the
authority provided to the Secretary under section 2 of the
Act of August 21, 1935 (16 U.S.C. 462; commonly known as the
Historic Sites, Buildings, and Antiquities Act), established
the Adams Mansion National Historic Site in Quincy,
Massachusetts.
(2) In 1952, again using the authority provided under the
Act of August 21, 1935, the Secretary enlarged the historic
site and renamed it the Adams National Historic Site.
(3) In 1972, title III of Public Law 92-272 (86 Stat. 121)
authorized the Secretary to expand the boundaries of the
Adams National Historic Site to include an additional 3.68
acres and to acquire lands and interests in lands within the
expanded boundaries.
(4) Section 312 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3479) authorized the
Secretary to accept the conveyance of the birthplaces in
Quincy, Massachusetts, of John Adams, second President of the
United States, and John Quincy Adams, sixth President of the
United States, and to administer the birthplaces as part of
the Adams National Historic Site.
(5) In 1980, Public Law 96-435 (94 Stat. 1861) authorized
the Secretary to accept the conveyance of the United First
Parish Church in Quincy, Massachusetts, the burial site of
John Adams and his wife, Abigail Adams, and John Quincy Adams
and his wife, Louisa Adams, and to administer the burial site
as part of the Adams National Historic Site.
(6) The actions described in the preceding paragraphs to
preserve for the benefit, education, and inspiration of
present and future generations of Americans the home,
property, birthplaces, and burial site of John Adams, Abigail
Adams, John Quincy Adams, and Louisa Adams, have resulted in
a multi-site unit of the National Park System with no
overarching enabling or authorizing legislation.
(7) The sites and resources associated with John Adams and
his wife, Abigail Adams, and John Quincy Adams and his wife,
Louisa Adams, deserve recognition as a national historical
park in the National Park System.
(b) Definitions.--As used in this section:
(1) Historical park.--The term ``historical park'' means
the Adams National Historical Park established in subsection
(c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Adams National Historical Park.
(1) Establishment.--In order to preserve for the benefit,
education, and inspiration of the people of the United States
certain properties in Quincy, Massachusetts, associated with
John Adams, second President of the United States, his wife,
Abigail Adams, John Quincy Adams, sixth President of the
United States, and his wife, Louisa Adams, there is
established the Adams National Historical Park as a unit of
the National Park System.
(2) Boundaries.--The historical park shall be comprised
of--
(A) all property owned by the National Park Service in the
Adams National Historic Site as of the date of the enactment
of this Act, as well as all property previously authorized to
be acquired by the Secretary for inclusion in the Adams
National Historic Site, as generally depicted on the map
entitled ``Adams National Historical Park'', numbered NARO
386/92001, and dated July 22, 1992; and
(B) all property authorized to be acquired for inclusion in
the historical park by this section or other law enacted
after the date of the enactment of this Act.
(3) Visitor and administrative sites.--To preserve the
historical character and landscape of the main features of
the historical park, the Secretary may acquire up to 10 acres
for the development of visitor, administrative, museum,
curatorial, and maintenance facilities adjacent to or in the
general proximity of the property depicted on the map
identified in paragraph (2)(A).
(4) Map.--The map of the historical park shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(d) Administration.--
(1) In general.--The park shall be administered by the
Secretary in accordance with
[[Page H9590]]
this section and the provisions of law generally applicable
to units of the National Park System, including the Act of
August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the
National Park Service Organic Act), and the Act of August 21,
1935 (16 U.S.C. 461 et seq.; commonly known as the Historic
Sites, Buildings, and Antiquities Act).
(2) Cooperative Agreements.--
(A) Agreements authorized.--The Secretary may consult and
enter into cooperative agreements with interested entities
and individuals to provide for the preservation, development,
interpretation, and use of the historical park.
(B) Condition.--Any payments made by the Secretary pursuant
to a cooperative agreement under this subsection shall be
subject to the condition that conversion, use, or disposal of
the project for which the payments are made for purposes
contrary to the purposes for which the historical park is
established, as determined by the Secretary, will result in a
right of the United States to reimbursement in an amount
equal to the greater of--
(i) all payments made by the Secretary in connection with
the project; or
(ii) the proportion of the increased value of the project
attributable to the payments, as determined at the time of
such conversion, use, or disposal.
(3) Acquisition of real property.--To advance the purposes
for which the historical park is established, the Secretary
may acquire real property within the boundaries of the
historical park by any of the following methods:
(A) Purchase using funds appropriated or donated to the
Secretary.
(B) Acceptance of a donation of the real property.
(C) Use of a land exchange.
(4) Repeal of superseded administrative authorities.--(A)
Section 312 of the National Parks and Recreation Act of 1978
(Public Law 95-625; 92 Stat. 3479) is amended--
(i) by striking ``(a)'' after ``Sec. 312.''; and
(ii) by striking subsection (b).
(B) The first section of Public Law 96-435 (94 Stat. 1861)
is amended--
(i) by striking ``(a)'' after ``That''; and
(ii) by striking subsection (b).
(5) References to historic site.--Any reference in any law
(other than this section), regulation, document, record, map,
or other paper of the United States to the Adams National
Historic Site shall be considered to be a reference to the
historical park.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes for which the historical park is established,
for annual operations and maintenance of the historical park,
and for acquisition of property and development of facilities
necessary to operate and maintain the historical park, as may
be outlined in an approved general management plan for the
historical park.
SEC. 1502. ACQUISITION OF LANDS FOR FREDERICK LAW OLMSTEAD
NATIONAL HISTORIC SITE.
Section 201 of Public Law 96-87 (93 Stat. 664; 16 U.S.C.
461 note) is amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (c), in order to
preserve and maintain the historic setting of the Site, the
Secretary may acquire, by donation only, lands and interests
in lands that are situated adjacent to the Site and owned by
the Brookline Conservation Land Trust (a nonprofit
corporation established under the laws of the State of
Massachusetts).
``(2) Lands acquired under this subsection shall be
included in and maintained and managed as part of the
Site.''.
SEC. 1503. DESIGNATION OF DANTE FASCELL VISITOR CENTER AT
BISCAYNE NATIONAL PARK.
(a) Designation.--The Biscayne National Park visitor
center, located on the shore of Biscayne Bay on Convoy Point,
is designated as the Dante Fascell Visitor Center at Biscayne
National Park.
(b) References.--Any reference in any statute, rule,
regulation, Executive order, publication, map, or paper or
other document of the United States to the Biscayne National
Park visitor center is deemed to refer to the Dante Fascell
Visitor Center at Biscayne National Park.
SEC. 1504. DESIGNATION OF CALIFORNIA COASTAL ROCKS AND
ISLANDS WILDERNESS AREA TO BE ADMINISTERED BY
BUREAU OF LAND MANAGEMENT.
(a) Findings.--The Congress finds the following:
(1) The California coastal rocks and islands are a critical
component of a unique ecosystem of California.
(2) The California coastal rocks and islands comprise a
narrow flight lane in the Pacific Flyway, providing protected
nest sites as well as feeding and perching areas for millions
of seabirds.
(3) This unique ecosystem is also important for the
continued survival of endangered or threatened sea mammals,
such as stellar sea lions and elephant seals.
(4) Designation of the California coastal rocks and islands
as wilderness would add a significant natural component to
the National Wilderness Preservation System.
(b) Designation as Wilderness.--In furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), all
unreserved and unappropriated ocean islands in the State of
California (as more fully described in subsection (c)) that,
as of the date of the enactment of this Act, are under the
jurisdiction of the Bureau of Land Management are hereby
designated as wilderness and, therefore, as components of the
National Wilderness Preservation System, and shall be known
as the California Coastal Rocks and Islands Wilderness.
(c) Description of Covered Islands.--The ocean islands
covered by subsection (b) are those islands, reefs, rocks,
and islets lying within three miles off the Pacific coast of
the State of California from Oregon to the Mexican border and
above the mean high tides, except those already reserved and
appropriated for other uses as listed in the exhibit titled
``Lands Not Affected By Wilderness Designation'' dated
February 26, 1997, and on file and available for public
review in the California office of the Bureau of Land
Management.
(d) Management Authority.--The California Coastal Rocks and
Islands Wilderness shall remain under the jurisdiction of the
Bureau of Land Management, and the islands, reefs, rocks, and
islets designated as wilderness under subsection (b) are
managed, as of the date of the enactment of this Act, under a
memorandum of understanding by the California Department of
Fish and Game.
(e) Management.--Subject to valid existing rights, the
California Coastal Rocks and Islands Wilderness shall be
administered by the Secretary of the Interior in accordance
with the Wilderness Act, except that, with respect to such
wilderness area, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a
reference to the date of the enactment of this Act and any
reference to the Secretary of Agriculture shall be deemed to
be a reference to the Secretary of the Interior.
(f) Effect on Other Laws.--This section shall take
precedence over and supersede the temporary reservation made
by the Act of February 18, 1931 (Chapter 226; 46 Stat. 1172).
SEC. 1505. SPANISH PEAKS WILDERNESS.
(a) Amendment.--Section 2 of the Colorado Wilderness Act of
1993 (Public Law 103-77) is amended by adding the following
new paragraph at the end of subsection (a):
``(20) Certain lands in the San Isabel National Forest
which comprise approximately 18,000 acres, as generally
depicted on a map entitled `Proposed Spanish Peaks
Wilderness', dated May 1997, and which shall be known as the
Spanish Peaks Wilderness.''.
(b) Map and Description.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture
shall file a map and a boundary description of the area
designated as the Spanish Peaks Wilderness by paragraph (20)
of subsection 2(a) of the Colorado Wilderness Act of 1993, as
amended by this section, with the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate. Such map and boundary
description shall have the same force and effect as if
included in the Colorado Wilderness Act of 1993, except that
if the Secretary is authorized to correct clerical and
typographical errors in such boundary description and map.
Such map and boundary description shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture.
(c) Conforming Change.--Section 10 of the Colorado
Wilderness Act of 1993 (Public Law 103-77) is hereby
repealed, and section 11 of such Act is renumbered as section
10.
SEC. 1506. ROSIE THE RIVETER NATIONAL PARK SERVICE AFFILIATED
SITE.
(a) Findings.--The Congress finds the following:
(1) The City of Richmond, California, is located on the
northeastern shore of San Francisco Bay and consists of
several miles of waterfront which have been used for shipping
and industry since the beginning of the 20th century. During
the years of World War II, the population of Richmond grew
from 220 to over 100,000.
(2) An area of Richmond, California, now known as Marina
Park and Marina Green, was the location in the 1940's of the
Richmond Kaiser Shipyards, which produced Liberty and Victory
ships during World War II.
(3) Thousands of women of all ages and ethnicities moved
from across the United States to Richmond, California, in
search of high paying jobs and skills never before available
to women in the shipyards.
(4) Kaiser Corporation supported women workers by
installing child care centers at the shipyards so mothers
could work while their children were well cared for nearby.
(5) These women, referred to as ``Rosie the Riveter'' and
``Wendy the Welder'', built hundreds of liberty and victory
ships in record time for use by the United States Navy. Their
labor played a crucial role in increasing American
productivity during the war years and in meeting the demand
for naval ships.
(6) In part the Japanese plan to defeat the United States
Navy was predicated on victory occurring before United States
shipyards could build up its fleet of ships.
(7) The City of Richmond, California, has dedicated the
former site of Kaiser Shipyard #2 as Rosie the Riveter
Memorial Park and will construct a memorial honoring American
women's labor during World War II. The memorial will be
representative of one of the Liberty ships built on the site
during the war effort.
(8) The City of Richmond, California, is committed to
collective interpretative oral histories for the public to
learn of the stories of the ``Rosies'' and ``Wendys'' who
worked in the shipyards.
(9) The Rosie the Riveter Park is a nationally significant
site because there tens of
[[Page H9591]]
thousands of women entered the work force for the first time,
working in heavy industry to support their families and the
War effort. This was a turning point for the Richmond,
California, area and the nation as a whole, when women joined
the workforce and successfully completed jobs for which
previously it was believed they were incapable.
(b) Study.--
(1) In general.--The Secretary of the Interior shall
conduct a feasibility study to determine whether--
(A) the Rosie the Riveter Park located in Richmond,
California, is suitable for designation as an affiliated site
to the National Park Service; and
(B) the Rosie the Riveter Memorial Committee established by
the City of Richmond, California, with respect to that park
is eligible for technical assistance for interpretative
functions relating to the park, including preservation of
oral histories from former works at the Richmond Kaiser
Shipyards.
(2) Reports.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall complete the study
under paragraph (1) and submit a report containing findings,
conclusions, and recommendations from the study to the
Committee on Resources of the House of Representatives and
the Committee on Energy and Environment of the Senate.