Congressional Record, Volume 144 Issue 139 (Wednesday, October 7, 1998)

[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[House]
[Pages H9741-H9870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1230
OMNIBUS NATIONAL PARKS AND PUBLIC LANDS ACT OF 1998

Mr. McINNIS. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 573 and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 573

Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of the
rule XXIII, declare the House resolved into the Committee of
the Whole House on the state of the Union for consideration
of the bill (H.R. 4570) to provide for certain boundary
adjustments and conveyances involving public lands, to
establish and improve the management of certain heritage
areas, historic areas, National Parks, wild and scenic
rivers, and national trails, to protect communities by
reducing hazardous fuels levels on public lands, and for
other purposes. The first reading of the bill shall be
dispensed with. General debate shall be confined to the bill
and shall not exceed one hour equally divided and controlled
by the chairman and ranking minority member of the Committee
on Resources. After general debate the bill shall be
considered for amendment under the five-minute rule and shall
be considered as read. No amendment to the bill shall be in
order except those specified in section 2 of this resolution.
Each amendment may be offered only in the order specified,
may be offered only by a Member specified or his designee,
shall be considered as read, shall be debatable for the time
specified equally divided and controlled by the proponent and
an opponent, shall not be subject to amendment, and shall not
be subject to a demand for division of the question in the
House or in the Committee of the Whole. All points of order
against the first amendment specified in section 2 are
waived. The chairman of the Committee of the Whole may: (1)
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business,
provided that the minimum time for electronic voting on the
first in any series of questions shall be 15 minutes. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with our without
instructions.
Sec. 2. The amendments described in the first section of
this resolution are as follows:
(1) the amendments by Representative Hansen of Utah printed
in the Congressional Record and numbered 1 pursuant to clause
6 of rule XXIII, which shall be debatable for twenty minutes;
and
(2) an amendment by Representative Miller of California if
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII on October 5,
1998, which shall be debatable for one hour.

The SPEAKER pro tempore (Mrs. Emerson). The gentleman from Colorado
(Mr. McInnis) is recognized for 1 hour.
Mr. McINNIS. Madam Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Ohio (Mr. Hall), pending
which I yield myself such time as I may consume. Madam Speaker, during
the consideration of this resolution, all time yielded is for the
purposes of debate only.
Madam Speaker, the proposed rule is for a modified closed rule
providing for 1 hour of general debate, equally divided between the
chairman and ranking minority member of the Committee on Resources.
The rule provides that no amendment will be in order except, one, the
amendment offered by the gentleman from Utah (Mr. Hansen) printed in
the Congressional Record and numbered 1, which shall be debatable for a
period of 20 minutes; and two, the amendment offered by the gentleman
from California (Mr. Miller) if printed in the Congressional Record on
October 5th, 1998, which shall be debatable for 1 hour.
The rule provides that the two amendments listed above may be offered
only in the order specified, may be offered only by a Member specified,
or his designee, and shall be considered as read, shall be debatable
for the time specified, equally divided and controlled by the proponent
and an opponent, and shall not be subject to amendment.
The rule waives all points of order against the amendment offered by
the gentleman from Utah (Mr. Hansen).
In addition, the rule allows the chairman of the Committee of the
Whole to postpone votes during consideration of the bill, and to reduce
votes to 5 minutes on a postponed question if the vote follows a 15-
minute vote. Finally, the rule provides one motion to recommit, with or
without instructions. This rule was voted out of the Committee on Rules
by a voice vote.
Madam Speaker, the underlying legislation, the Omnibus National Parks
and Public Lands Act of 1998, addresses a wide variety of important
national parks, wild and scenic rivers, heritage areas, national
forests, and many other public lands issues and concerns.
This bill includes new protections for national parks and heritage
and wilderness areas in 36 States throughout this Nation. There are
over 80 proposals from approximately 70 Members of the United States
Congress within this underlying legislation. This is critical

[[Page H9742]]

legislation. This deals with our national parks. It is a good approach
to our national park needs.
As I stated earlier, Madam Speaker, this provides much protection and
many of the projects that are critical across the country for our
national park system.
Madam Speaker, H.R. 4570 is a bipartisan effort. As I mentioned
earlier, Madam Speaker, we have a number of different congressional
districts who have projects contained within this bill, both Democrat
and Republican. This is a bipartisan bill. It is an effort to get a
number of very important pieces of legislation passed because,
obviously, we are in the final few days of this session.
Madam Speaker, some groups have expressed concern with a few sections
included in 4570. Consistent with the bipartisan spirit in which this
bill was drafted, compromise language has been worked out for many of
these sections, including major changes to the San Rafael section, the
NEPA parity provision, Chugach, Cumberland Island, hazardous fuels
reduction, the treaty of Guadalupe Hidalgo, Canyon Ferry Reservoir,
Paoli Battlefield, Tuskegee Airmen, and the Emigrant Wilderness
provisions. Other controversial sections are also deleted by the
manager's amendment.
The gentleman from Utah (Mr. Hansen), chairman of the Subcommittee on
National Parks and Public Lands of the Committee on Resources, has made
significant efforts and he has made significant concessions to the
groups that have expressed concerns with the provisions of this bill.
Madam Speaker, as I mentioned earlier, this bill includes over 80
proposals from about 70 Members of Congress contained within the
legislation. I am one of those 70 Members with provisions in this bill.
Title 13 of the Omnibus National Parks and Public Lands Act of 1998
proposes a transfer of the title to the facilities of the Pine River
Irrigation Project from the U.S. Bureau of Reclamation to the Pine
River Irrigation District.
My piece of this bill is an excellent example of how we, the United
States Congress, can govern in a better way, a way that involves
communities and local and State government, a way that empowers the
people that we represent.
In response to local initiative, and in my opinion demonstrating one
of the best examples of the so-called ``New West'' model of cooperation
to achieve local control of public resources, a proposal to transfer
title to the Pine River Irrigation Project was worked out.
I believe this type of action, shifting Federal control of
appropriate projects to local communities, and doing so only after
significant commitment by interested government agencies and extensive
input from the public impacted by the proposal, will serve as the model
for the future efforts of this nature.
Madam Speaker, this bill contains too many other examples of good
governance and good public lands policies to discuss in detail. I
encourage my colleagues to support the rule and the underlying bill.
Madam Speaker, I reserve the balance of my time.
Mr. HALL of Ohio. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, this is a modified closed rule. It allows for the
consideration of the National Parks and Public Lands Act of 1998. As my
colleague, the gentleman from Colorado (Mr. McInnis) has described,
this rule provides for 1 hour of general debate, equally divided and
controlled by the chairman and ranking minority member of the Committee
on Resources.
The rule permits the manager's amendment. The Committee on Resources
ranking minority member chose not to offer an amendment. No other floor
amendments can be offered. I understand the need for cutting corners at
the end of the session in order to move legislation before adjournment,
but that is not a good enough excuse for the bill before us today. The
bill contains more than 100 provisions affecting specific parks,
monuments, landmarks, trails, and heritage areas.
Some of these provisions were originally introduced as freestanding
bills, and have partially gone through the normal Congressional
process, including hearings and reporting by the Committee on
Resources. However, other provisions have not. In fact, some sections
have only seen the light of day in the subcommittee amendment which was
made available yesterday for the first time. Some of these provisions
are very controversial, and would never have survived if they had been
subject to an open committee process.
There is no committee report for this bill, there have been no
hearings, no Congressional Budget Office cost estimate, no Federal
mandate statement, no constitutional authority statement. What is the
point of having a committee process if we are going to bypass it on a
regular basis?
The bill is strongly opposed by a coalition of conservation and
environmental groups. The administration would veto the bill if enacted
in its present form. Unfortunately, the rule will not permit Members to
offer amendments to improve the bill. Madam Speaker, Members deserve
the opportunity to debate and amend the bill. Unfortunately, this does
not happen at the committee level, and this rule will not permit it on
the House floor.
Madam Speaker, I reserve the balance of my time.
Mr. McINNIS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, first I should mention that in Ohio we establish the
American Discovery Trail, an important aspect of this bill.
Madam Speaker, I yield such time as he may consume to my friend, the
gentleman from Alaska (Mr. Young), the chairman of the Committee on
Resources, who I think is a good leader on this bill and somebody who
understands the details of this bill.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Madam Speaker, this is a good rule that should
be adopted.
First of all, I want to commend my colleague, the gentleman from Utah
(Mr. Hansen). He has done an excellent job. In fact, he has done more
than I would have done in the realm of trying to become reality in the
sense of compromise with all walks, all thoughts, and all
understanding. He has done an excellent job.
This is a pro-environment, pro-park, pro-history preservation bill
that will improve our national parks, wild and scenic rivers, heritage
areas, national forests, and many other public lands. Most of the
sections of this bill have gone through individual hearings and
followed the legislative process on freestanding bills.
Sixty-seven Members of this Congress from both parties have worked on
separate pieces of legislation in this bill. We have worked closely
with the Members on the important projects, Members of the Republican
side and Democrat side. This bill affects 36 different States, the
District of Columbia, and will benefit millions of people.
I will not list all the projects of this bill, the gentleman from
Utah (Mr. Hansen) will speak about that in the general debate. Let me
say, though, this bill is a delicate balance, a very delicate balance.
There will be some Members who believe we have spent too much time on
the parks, some who believe we have not spent enough. I think it is a
good investment.
There are those who are going to make the usual accusations we are
not protecting the environment enough, but this bill creates new
opportunities for recreation, for protection of our wildlife, and for
improving the quality of life of Americans. This bill deserves the
support of every Member of this House.
May I say, Madam Speaker, that for those who may think about voting
against this bill or this rule, I would suggest respectfully, because I
have worked with each Member who has come to me, it is going to be very
difficult in the future to listen to someone sincerely when they do not
support their own legislation, or when they suggest that ``I want to
have mine, but no one else gets theirs.''
I suggest that those things that are in Ohio, those things that are
in Pennsylvania and California, Mississippi, all those other States,
those Members had better think very carefully about this great bill.
As far as the administration threatening to veto it, I have never for
the life of me understood why we have to listen to the administration
with regards to administration saying they

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are going to veto it. We are supposed to be the governing body for the
people. If he wants to veto a parks bill, let the President veto it. I
have no objection to that, if he wishes to do so. That is our form of
government.
But I have listened day after day to this President threatening
vetoes. I am saying, we ought to be ashamed of ourselves if we listen
just to the President. Under our Constitution, we are the House of the
people. It is our decision. If we want to vote this bill down, fine,
but do not vote it down because in fact he threatens a veto. If Members
want a king, they can have a king. I suggest the President would make a
very poor king.
Mr. HALL of Ohio. Madam Speaker, I yield 2 minutes to the gentleman
from California (Mr. Miller), the former chairman and now the ranking
member of the Committee on Resources.
Mr. MILLER of California. Madam Speaker, I thank the gentleman for
yielding time to me.
Madam Speaker, this rule is adequate for this purpose. It does
provide for an amendment. Obviously, the problem is that this bill
cannot be amended in such a fashion to make it a better bill. We have
declined to offer an amendment. We think the bill should be defeated.
It should be defeated because it is contrary to the procedures of this
House. It is contrary to sound environmental policy. It has many, many
bad provisions in it.
It also has some very good provisions in it. Unfortunately, those
good provisions are being used as bait. They are being used to try to
enable some bad things to happen in this legislation, and to provide
camouflage for the underlying provisions in this bill that are very bad
policy.
That is why the administration has said it will recommend a veto of
this legislation, should it pass. The reason Members ought to listen to
this recommendation is so we do not go through this charade and then
end up with nothing.
The fact of the matter is there are many, many portions of this bill
sponsored by Members on both sides of the aisle that are
noncontroversial, that have bipartisan support, and that can be dealt
with and passed out of the House almost immediately on unanimous
consent. We can deal with those pieces of legislation.

{time} 1245

There are others that have had no hearings that we know very little
about, or are so controversial that they simply drag the whole package
down.
So Members can make a decision. They can vote ``no'' on this. Then we
can concentrate on passing legislation that will be without
controversy, that will address the needs of many, many Members, or they
can continue the charade that somehow this bill is going to pass, when
many of the Senators who are responsible for the jurisdiction of this
bill have indicated that the Senate will not give consideration to it.
Unfortunately, the Senate has passed some noncontroversial portions
of this bill and sent them off to the President. So the constituency
for this bill is declining, and the controversy is increasing. That
does not sound like a formula for success at the end of the session.
The fact of the matter is we have had all of this year in which many
of the provisions of this bill could have been brought before us and
then we could have dealt with them. But at the end of the session, this
is a veto. It is unacceptable. It is bad policy, and I would urge all
Members to vote against it and understand that not only the
administration, but all major environmental groups oppose this
legislation.
Mr. McINNIS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I think we need to lay out very clearly here,
especially in light of the criticism from the gentleman from California
(Mr. Miller) about the process that we are following. The gentleman
from California is quick to step up to the plate and criticize this
bill. But the gentleman from California has not been very quick to step
up to the plate and offer a substitute. Offer something better.
It is very easy to stand on this House floor and criticize the
Republicans and criticize the Democrats who have worked to put this
bill together. But I think that that criticism loses some of its
credibility when one who steps up has the opportunity under the rule,
has the opportunity under the rule to offer a substitute to put in
place of this a better bill, stands up and criticizes us. I think this
criticism would be much better received had they had a substitute on
that side.
I would add that that is not a Democrat or Republican kind of bill.
This is a bipartisan bill. So, we have a few Members on the Democratic
side criticizing this thing. But still, out of fairness, the Republican
leadership out of fairness insisted that these Democrats who are
objecting to this bill have an opportunity, out of fairness, have an
opportunity to offer their own proposal.
They declined to do that. Why? Because they do not want any
criticism. It is much easier to criticize somebody than offer a
substitute or come up with a good alternative. And that is the exact
route they are traveling, and in my opinion that route comes to a dead
end.
Madam Speaker, this is a good bill, a good rule; it is a fair bill,
and a fair rule.
Madam Speaker, I reserve the balance of my time.
Mr. HALL of Ohio. Madam Speaker, I yield 3 minutes to the gentleman
from Minnesota (Mr. Vento).
Mr. VENTO. Madam Speaker, I thank the gentleman from Ohio (Mr. Hall)
for yielding me this time.
Madam Speaker, I rise in opposition to the rule. It is only at the
end of the session that we will probably ever see rules like this in
which there is simply no opportunity for the body to work its will on
what constitutes almost 100 different land use and park measures in one
bill.
Some of these have been passed and are noncontroversial and have
received deliberation of the Committee on Resources and the
Subcommittee on National Parks and Public Lands. But many of these
provisions, of course, have not been considered or debated on the House
floor on their merits. We are forced to swallow whole in this case
almost a hundred different modifications to various land use policy.
Of course, it is easy enough to say that there is an alliance here
between Members that have some provision in this bill, and that they
are basically being force-fed 99 other bills along with the one
provision that they want to see enacted into law. But this is not the
way to do business in terms of park and public land policy.
If these issues had been vetted, if they had been amended, if they
had been debated on their merits, but there is no opportunity here
today to in fact amend or to extract these specific provisions from
this bill and move on in a deliberate way with the measures that are
before us. There is simply no way to do it.
This is sort of a sorry excuse. I think the committee has worked very
hard over the last 2 years in having hearings. I know I've sat through
my share of such hearings. I am a little surprised that at the end of
the session now they bring forth this type of bill, when there is not
consensus on it, when all the major conservation and environmental
groups are against it and numerous proposals of controversy bad policy
and no hearings on the topic.
It is bad policy. It is a bad rule. This is not providing the ability
of the body to work its will. This is simply a slam dunk of 100
different land use decisions that frankly repeal long-standing
wilderness designations, that provide for roads, provide for other
types of activities, and it is being force-fed to the Members as if
they have to accept it in order to gain some reasonable changes in
terms of public lands and parks bills that they want. The veiled threat
and policy is inherent in this approach.
Quite frankly, I think the Congress has rightfully reserved to itself
some of the responsibility to work on parks and public lands bills. But
this type of action, I think, is the type of action that will, in fact,
argue for changing that particular responsibility and conveying this
responsibilty to the administration, because I think it is
irresponsible to act on a measure of this nature, of this magnitude, in
this rule.
Madam Speaker, this is simply a slam-dunk rule that is going to not
provide for deliberation or consideration. It is an attempt to push
through this body measures that cannot survive on their own merit on an
up-or-down vote, and they are shoved into this measure.

[[Page H9744]]

Someone talks about it being ``park pork.'' It is more that that.
Part of this pork sausage is rancid meat that is into this omnibus park
pork sausage. As Bismarck said, those that like laws and sausages
should never watch either being made. I would hope we would move away
from such an approach. It is not so much sausage, but that we have
rancid meat in here that destroys our parks and wilderness system, that
are an affront to the American people, and that is why I urge a ``no''
vote on this rule and on this bill.
Mr. McINNIS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the gentleman's are very eloquent comments, but where
is the meat? The gentleman has an opportunity to offer a substitute. If
he thinks this is a rotten bill, he should come up with a better car.
We are not prohibiting. Our rule is very specific. Let me make it
clear that this rule allows the opposition to come up with a substitute
through the gentleman from California (Mr. Miller). He is free to do
that.
Mr. VENTO. Madam Speaker, would the gentleman yield? I would be happy
to respond.
Mr. McINNIS. Madam Speaker, I would be happy to yield in a moment, if
the gentleman would sit around and listen to the debate.
Madam Speaker, I yield 3 minutes to the gentleman from Texas (Mr.
Bonilla).
(Mr. BONILLA asked and was given permission to revise and extend his
remarks.)
Mr. BONILLA. Madam Speaker, I rise in strong support of the rule and
of this legislation that is a result of a lot of hard work between both
sides on this committee. The gentleman from Alaska (Chairman Young) and
the gentleman from Utah (Chairman Hansen) have done an outstanding job
in moving this legislation forward.
This bill contains, as the chairman alluded to earlier, many stories
out in the heartland that will result in positive changes in
communities affecting National Parks all over the country. It is a good
bipartisan bill, and every Member of Congress that is affected by this
bill has a good story to tell about the changes that would result when
this legislation passes.
I will just highlight briefly what will happen in my congressional
district. There is a piece of land that the owners would like to donate
to the Fort Davis National Historic Site. And there are other bills as
well that have other local significance, and these changes should not
fall prey to partisan politics.
In my part of the country, the bill would permit a simple 16-acre
expansion of the Fort Davis historical site. This legislation is
necessary because the original legislation limited the historic site to
460 acres.
Fort Davis is located in the heart of west Texas, a wonderful part of
the country nestled in an area that is very scenic in its own rough and
rugged way. I am proud to represent this area, and I would like to
invite my colleagues to visit this area any time they are passing
through my State.
That entire area of the State is the most popular tourist attraction
in the State of Texas now. The fort was a key post in the defense of
west Texas and thus played a major role in this region's history. From
1854 to 1891, troops at the post guarded immigrants, freighters, and
stage coaches on the San Antonio-El Paso Road. Fort Davis is the best
remaining example in the Southwest of the typical post-Civil War
frontier fort. The post has extensive surviving structures and ruins.
The particular parcel of land that would be added is known as
Sleeping Lion Mountain. This land overlooks the park's historic
landmarks. It is adjacent to the park's southern boundary, and I
believe that the inclusion of this tract of land into the site would
ensure the visual and historic integrity for this State and national
treasure.
The land is slated to be donated to the National Park Service by the
Conservation Fund. The land has been purchased by the Conservation
Fund. They secured the funds from several private foundations to
purchase this land. The purchase of the land was completed in April,
and they are simply waiting for us to act. In fact, they have been
waiting for a long time for us to act.
Madam Speaker, this park expansion has the blessing of the local
community and is supported by the Texas Historical Commission. This is
a simple piece of legislation that allows for a minor park expansion.
And reflecting on the story that I just told, Madam Speaker, there are
countless others around the country that could be told about a positive
change in their community and their national parks that could result in
something good for the communities that these communities are crying
out for.
Madam Speaker, I commend the gentleman from Utah (Chairman Hansen)
and the gentleman from Alaska (Chairman Young), as well as the
gentleman from New York (Chairman Solomon), my friend who is sitting to
my right, and also the gentleman from Colorado (Mr. McInnis) who has
worked hard on this rule and on this legislation.
Mr. McINNIS. Madam Speaker, I yield 15 seconds to the gentleman from
Minnesota (Mr. Vento), out of fairness, for him to respond.
Mr. VENTO. Madam Speaker, I thank the gentleman from Colorado (Mr.
McInnis), and I will certainly also get time from the gentleman from
Ohio (Mr. Hall). But this rule does not even provide the opportunity
for 5 minutes debate for each of the measures in the bill. I mean, that
is its sort of stand-on-your-head-type logic, because it says we can
offer a substitute, but this rule waives all points of order against
the substitute offered by the gentleman from Utah (Mr. Hansen), but
does not waive them for the substitute if offered by the gentleman from
California (Mr. Miller). And we did not know what the substitute was
going to be, and we were supposed to have the amendment in by Monday.
It is an unequal playing field and a bad bill and a bad rule.
Mr. McINNIS. Mr. Speaker, I yield myself such time as I may consume.
I think the gentleman from Minnesota has brought up a couple of valid
points. I am not sure that the gentleman is aware of the historical
perspective up in the Committee on Rules. Waivers were offered, and on
top of that, we gave the other side an hour, 1 hour, of debate on the
substitute. I am baffled by the fact that there is such strong
criticism coming about this bill, yet no one who criticizes has decided
to step forward with a better car.
Mr. VENTO. Mr. Speaker, will the gentleman yield?
Mr. McINNIS. I yield to the gentleman from Minnesota.
Mr. VENTO. Madam Speaker, I would just point out that I think it is
an impossible process when we have nearly a hundred measures in here
that are important. The measure that the gentleman from Texas (Mr.
Bonilla) mentioned is important, and I do not have any objections to
it. But this does not provide 5 minutes of debate, not even a minute of
debate for each measure in the bill. I think these measures deserve
attention.
Mr. McINNIS. Madam Speaker, reclaiming my time, I would say to the
gentleman, that is exactly the point. It is a very complicated bill. It
has lots of different projects in it. We are not going to get everybody
in here happy about this all the time. But this is probably, this is
clearly the most critical bill dealing in helping our national parks we
have had this session.
We cannot put together the perfect model because we have too many
players and projects. This is the best we are going to get. And if the
gentleman could have done better, he should have introduced it.
Madam Speaker, I yield 2 minutes to the gentleman from New York (Mr.
Boehlert).
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Madam Speaker, I rise in support of the rule, but in
opposition to the bill. It is a perfectly fine rule for a fatally
flawed bill.
I had hoped not to be standing here today. I had hoped the Committee
on Resources would pull together a noncontroversial bill, one that
would be signable, that actually had a chance to become law. That
result was encouraged before the bill was even introduced and there was
an offer to negotiate.
Indeed, discussions did take place for 4 days last week. But the
Committee on Resources opened those negotiations by listing the items
that they considered nonnegotiable, and they were some of the worst
provisions of

[[Page H9745]]

the bill. That is not a very promising way to start negotiations.
But we still tried to work out issues concerning forestry, Bureau of
Reclamation projects, and the rules governing wilderness areas.
Unfortunately, none of these issues was fully resolved. We did reach a
compromise on one provision, procedures for a NEPA waiver for certain
forests.
In short, the bill and the manager's amendment do not address my
concerns or the concerns of so many of my colleagues. If my colleagues
have heard otherwise, they have been misled.
So, I urge my colleagues to support the rule, but oppose the bill; a
bill that could have been negotiated, a bill that could have been
noncontroversial, a bill that could have helped Americans all around
the country, but a bill that instead is opposed by every environmental
group.
It is opposed by the Taxpayers for Common Sense, it is opposed by the
administration, it is a bill that is going nowhere, regardless of what
happens here today. The majority of this bill could have been passed on
the suspension calendar if the temptation had been resisted to deal
with controversial matters that have never been the subject of full and
open hearings.
I have no objection to the rule. It is a tribute to my friend and
good chairman, the gentleman from New York (Mr. Solomon). But I urge
defeat of the bill.
Mr. HALL of Ohio. Madam Speaker, I yield 3 minutes to the gentleman
from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)

{time} 1300

Mr. FALEOMAVAEGA. Madam Speaker, I rise in reluctant opposition to
both the rule and to H.R. 4570. I say reluctant because this is likely
the last parks bill to be considered by the House in this Congress, and
I would have liked it to be bipartisan.
Madam Speaker, this bill contains laudable provisions which should be
enacted into law. The bill contains many provisions supported today by
both sides of the aisle, and many more provisions, I believe, that
could have been negotiated into forms both sides could have supported.
Over the past several weeks I have had discussions with several Members
concerning their sections of this bill, and I was prepared to work with
them and the gentleman from Utah (Mr. Hansen) to craft a bill that
could have passed the House today. Such a bill could stand a good
chance of being enacted into law.
Madam Speaker, among the provisions which I believe there is
bipartisan support for are the expansion of the Fort Davis National
Historic Site in Texas, expansion of the Arches National Park in Utah,
establishment of the Thomas Cole National Historic Site in New York,
the amendments to the boundaries of the Abraham Lincoln Birth Place
National Historic Site in Kentucky, the Automobile National Heritage
Area in Michigan and Indiana, and the land exchanges involving Yosemite
National Park and the Cape Cod National Seashore.
Among the provisions I believe, Madam Speaker, that could have been
negotiated to acceptable resolutions are the Cumberland Island National
Seashore in Georgia and the San Rafael Swell National Conservation Area
in Utah.
With all due respect to my dear friend and colleagues, the gentleman
from Utah (Mr. Hansen) and the gentleman from Alaska (Mr. Young), even
with the changes contained in today's amendment, there are many
provisions which I cannot support in good conscience. Among those are
the Guadalupe-Hidalgo Treaty Land, the requirements for congressional
approval of national monuments, and changes in environmental laws which
go farther than I believe are beneficial to our public resources.
Madam Speaker, these are honest differences on how best to manage our
public parks, lands and forests. Based on my subcommittee work with the
gentleman from Utah over the past 2 years, I think many of these
differences could have worked out. There are others, however, that,
given the number of them and basic philosophical differences between
the Members, we probably could not have resolved. I believe we should
have saved the provisions for which there is strong support by pulling
others from this bill. Perhaps this is unacceptable from the majority's
perspective, but as we move through these last days of this Congress, I
had hoped that we could have focused on moving to enactment as many
meritorious bills as possible. With more compromise from the parties
involved, we could have done this.
Madam Speaker, as I noted earlier, I would have preferred to be
speaking in support of this legislation, but given the substantive
differences, I feel compelled to recommend to my colleagues to vote
against this rule as well as the bill.
Mr. McINNIS. Madam Speaker, I yield such time as he may consume to
the gentleman from New York (Mr. Solomon), the chairman of the
Committee on Rules.
Mr. SOLOMON. Madam Speaker, I thank the gentleman for yielding me
this time. I was not going to speak on this measure, but I have been
sitting here listening patiently to the debate and I just am surprised
at the opposition to the rule from the Democrat side.
I am looking at a chart here of all of the individual bills that are
incorporated into this. H.R. 3047 passed the House, H.R. 799 on the
Union Calendar, and another on the Union Calendar. Here are four more
that have passed the House. We can go right down the line here. Most of
this legislation has already been acted on by this body, and passed
either unanimously or by overwhelming vote. Not even one of these bills
was controversial.
I would like to say to the other side that before we took over
control of the House 4 years ago, we Republicans were treated quite
badly. We had ranking members of full committees that were not given
the opportunity to offer a substitute. We have changed the protocol in
the Committee on Rules and we never, ever deny the minority party the
right to offer their alternative--not through a motion to recommit or
not through defeating the previous question, but through a substitute.
And they are given ample time.
We offered that to the gentleman from California (Mr. George Miller).
I specifically said, and Members can go back upstairs and read the
record, that if the gentleman from California needed waivers, we would
do it. All he needed to do was to print his bill, have it printed in
the Record so it is there for Members to see in the morning. That is
really bending over backwards. We have done everything we can to be
fair, and then I see people stand up here opposing the rule. I just do
not understand it.
Ronald Reagan taught me the value of compromise years ago, and it was
hard to teach me, because as my colleagues saw from yesterday's tribute
on the floor, I am very opinionated. But when we do compromise, it
feels like we are compromising our principles. But that is what this
body is all about. We have to work together. We should be doing that.
I want to assure everybody, all the conservatives in this House, that
I have scoured the bill. There is nothing in the bill that intrudes on,
that infringes on States' rights or the individual rights of local
governments, whether they be towns or villages or cities or counties.
This bill does not do that. So from that point of view, it is a good
bill.
It is a good bill from some of the environmentalists' point of view.
I saw my good friend, the gentleman from New York (Mr. Boehlert), who I
appreciate is going to vote for the rule, but he is going to oppose the
bill. For the Hudson Valley there is very important legislation in the
bill that my good friend the gentleman from Utah (Mr. Jim Hansen), the
subcommittee chairman, has provided.
I brought to the floor a bill not too long ago, and it passed the
House. During debate I brought in the paintings of Frederick Church and
Thomas Cole, which are just outstanding, which pictorialize the entire
northeast, the Hudson Valley, the Adirondack and Catskill Mountains.
That legislation is in here. And every environmentalist that I know in
the mid Hudson Valley supports this legislation. So I just do not know
where all the opposition is coming from.
I think Members should vote for the rule and certainly they should
support the bill. It is a good bill, and I thank

[[Page H9746]]

the gentleman for yielding me the time.
Mr. HALL of Ohio. Madam Speaker, I yield myself such time as I may
consume to say that we do not argue with the fact that there are some
very good provisions in this bill, but the fact is it is my
understanding that over half of the provisions that are in this bill
have never been reported from the committee, and there is over two
dozen provisions that have never, ever had a hearing.
So the people on the committee and the people on the floor of the
House, we do not know what is in this bill and we just want a chance to
take a look at it, debate it, and we cannot do it today with this very
restrictive rule.
Madam Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr.
Vento).
Mr. VENTO. Madam Speaker, I thank the gentleman for yielding me this
time. Listening to the appeal of our distinguished friend and chairman
of the Committee on Rules, I would just point out that the history of
Mo Udall and, for that matter, the gentleman from California (Mr.
George Miller), who most recently led this committee and now has passed
the torch on to the gentleman from Alaska (Mr. Don Young), was to, in
fact, have open rules on most of these issues.
As has been indicated here, with a hundred measures on this bill, no
opportunity to amend them, some that have not had hearings, some
considerable number, some that are very controversial, if it were only
the matter of the Thomas Cole measure, that has passed this House and
is awaiting action in the Senate, that were included in this bill as a
way to try to optimize the opportunity to enact some of these measures
into law, I think most of us would be trying to work to accomplish
that. It is a difficult task in this format. But given the way that
this has been constructed, and the controversy over many of these
issues, I think it is unreasonable to expect us to accept this type of
substitute.
I think that in order to achieve that, it is not something we are
going to do a slam dunk passage here in the House and score some
points. It is not going to accomplish what is being sought. I think it
has a tendency to polarize. There just is not enough time, given the
rule and where we are at on the floor today, to go through and expect
to get hours and hours of debate on this. And, logically, the gentleman
did not provide that, given the circumstance we are in this week
attempting to end this session.
So I think this is a step backward toward seeing the enactment of the
good provisions and mixing them up with the bad and hoping somehow
that, by rolling the dice here, that we will get to enact these
particular measures. This is not the way to do business. This is not
deliberative. This is not fair. I understand the pressure the Committee
on Rules and the body is under, but this is not a step forward, it is a
step backward.
Mr. McINNIS. Madam Speaker, I yield 7\1/2\ minutes to the gentleman
from Utah (Mr. Hansen).
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Madam Speaker, I appreciate the gentleman from Colorado
yielding this time to me and the excellent remarks that he has made,
and let me just say a few things.
We have heard all this stuff, but let us get down to the facts on
this baby and what really happened. People are saying, oh, this is
going to be vetoed. We promise it will be vetoed. I want to hearken
back to 2 years ago. We stood here with a bill that had more titles in
it, more bills in it than we have today, and we heard exactly the same
thing: oh, this one will be vetoed.
How many of my colleagues were with me as we stood in the oval office
while the President put his John Henry on that and said, this is a
great way to do legislation. The President of the United States said
that. I do not know if I agree with him that it is a good way to do
legislation.
But now we hear these other arguments. It has all these things in it
that we have not had hearings on. We have not had time on these things.
Well, guess what? Most of these are so minuscule, so infinitesimal that
they amount to nothing. The bills in here that have got things of
substance in it we have had hearings on. We have had a lot of them on
the floor. And when we start looking at some of these others, they are
almost infinitesimal.
What is this rule about and this bill about? It is about compromise.
The whole thing is compromise. My staff, the staff of the gentleman
from Alaska (Mr. Don Young), the staff on the other side has worked
with others to try to compromise in some of these areas. I almost feel
bad that we have compromised so far on our side. I think we have given
away the store in some particular things.
But I would like to talk about some of those things on this term
compromise. It probably comes down to only two bills in this whole
shooting match that really bothers anybody, and this is probably the
biggest one, right here. It is called San Rafael Swell. This happens to
be an area that I doubt anybody in this room, other than me and maybe
one other, has ever seen, but my colleagues should go look at it. It is
one of the most beautiful geological things the Lord ever put on the
earth.
But as we look at that particular area, the people in Emery County
said someday we have to come to grips with this area. This is where
Butch Cassidy and the Sundance Kid mixed it up with a few people. This
is where there were shootouts and there were mines. This is a very
interesting area. People who go in there are just enthralled with the
history of the area. So they came up with the San Rafael Swell. And the
Emery and Carbon County folks, all those good Democrats down there,
said this is what we will do. We will work out something with the
environmental community that will work. And so they did, and they gave
them about everything. Yet every environmentalist I have talked to said
we do not like the way they have it.
Look at this. This green area goes into wilderness under this bill.
This light green goes into primitive areas that are nonmotorized. So
what is the issue? We are giving them everything they asked for but one
thing, and that is called Sid's Mountain. Please look at this yellow
place right here. That is Sid's mountain. A very interesting place. But
15 years ago Fish and Wildlife and the State of Utah, and fish and
wildlife came from all over America, said this is the ideal place to
have the desert big horn sheep. We do not have a good herd anywhere. We
have some other places, but not anywhere in the west. So they started
the desert big horn sheep.
Guess what the problem is? They have to drink water, just like all
the rest of us do, and there is no water on that mountain. So they came
up with this original idea called guzzlers. For those who do not know
what a guzzler is, let me explain it. It is a large thing that works by
evaporation. And through the sun coming up and then it getting cold, it
evaporates, goes into a trough, and the big horn sheep get their water
there.
However, we all realize the 1964 wilderness bill says what? We cannot
have a mechanized thing in the wilderness. So we cannot have guzzlers.
So they cannot have the sheep. Well, a lot of people want to go in and
see them. There are some roads at the bottom of this, and a lot of
people want to see these sheep.
But when it gets down to this great big thing that we are all mad
about, it comes down to the idea of the San Rafael Swell and the desert
big horn sheep.
Now, we have talked to our environmental friends and asked them what
they have against the desert big horn sheep. That is the whole issue on
this rascal. The desert big horn sheep seems to be the whole thing that
may turn this bill one way or the other. And I am stale waiting for a
member of the Sierra Club or one of the others to stand up and say this
is what we have against the desert big horn sheep.
What it amounts to is the idea of wilderness. They have built their
whole thing on wilderness. They should build it on the term restrictive
areas. It means the same thing, but one is a romantic word and one is
another word.
Let me go through a few others. The Canyon Ferry Reservoir we
considered modification. The Tuskegee Historic Site we went on. The
water projects with the gentleman from California (Mr. Miller) we went
on. The Nevada Airport, we worked that out. The

[[Page H9747]]

things with the gentleman from Alaska (Mr. Don Young), we came up with
a provision on the Chugach area. The C&O Canal. The list goes on and on
of things we have agreed to, to make this an acceptable bill.

{time} 1315

I personally would urge the passage of this rule, and I would urge
the passage of this bill. This is a good piece of legislation. We have
played this game time after time. We will hear the same arguments every
time. The fact of the matter is the President signed it the last time,
and I would hope he would see the wisdom in signing it this time.
Mr. PAUL. Mr. Chairman, moments ago, HR 4570 was described as a
``delicate balance'' not to be disturbed by votes against either the
resolution or the rule. In fact, the primary justification presented
for passage of the bill was the ``brilliance'' with which a compromise
securing the necessary number of votes was ``engineered.'' Statements
such as these are an unfortunate commentary on the state of affairs in
the nation's capital insofar as they represent not advancement of sound
policy principles but rather a seriously flawed process by which
federal government ``favors'' are distributed in a means which assures
everyone gets a little something if they vote to give enough other
districts a little something too. This is not the procedure by which
Congress should be deciding matters of federal land disposition and
acquisition. In fact, there appears to be no Constitutional authority
for most of what HR 4570 proposes to do.
Particularly frustrating is that in my attempt to return authority to
the State of Texas for a water project located in the 14th District, I
introduced HR 2161, The Palmetto Bend Title Transfer Project. Return of
such authority comports with my Constitutional notion that local
control is preferred to unlimited federal authority to dictate from
Washington, the means by which a water project in Edna, Texas will be
managed. I understand that certain Members of Congress may disagree
with the notion of the proper and limited role of the federal
government. The point here, however, is that the ``political process''
embracing the so-called ``high virtue of compromise'' means that in
order for one to vote for less federal authority one must, at the same
time, in this bill, vote for more. Political schizophrenia was never
more rampant. One would have to vote to authorize the transfer of
377,000 acres of public land in Utah to the federal government (at
taxpayer expense of $50 million for Utah's public schools) in order to
return Lake Texana to the State of Texas.Two unrelated issues; two
opposite philosophies as to the proper role of the federal government--
a policy at odds with itself (unless, of course, compromise is one's
ultimate end).
HR 2161 merely facilitates the early payment of the construction
costs (discounted, of course, by the amount of interest no longer due
as a consequence of early payment) and transfers title of the Palmetto
Bend Project to the Texas state authorities. Both the LNRA and TWDB
concur that an early buy-out and title transfer is extremely beneficial
to the economical and operational well-being of the project as well as
the Lake Texana water users. The Texas Legislature and Governor George
W. Bush have both formally supported the early payment and title
transfer. In fact, even the residents of Highland Lakes in Travis
County who initially expressed a concern as to the effects of the title
transfer on the Colorado River Basin, came to support the legislation.
This bill will save Lake Texana water users as much as one million
dollars per year as well as providing an immediate infusion of $43
million dollars to the national treasury. Additionally, all liability
associated with this water project are, under my legislation, assumed
by the state of Texas thus further relieving the financial burden of
the federal government.
Texas has already demonstrated sound management of this resource.
Recreational use of the lake has been well-provided under Texas state
management to include provision of a marina, pavilion, playground, and
boating docks, all funded without federal money. Additionally, a
woodland bird sanctuary and wildlife viewing area will also be
established upon transfer with the assistance of the Texas Parks and
Wildlife Department and several environmental organizations.
Members of Congress must not be put in the position of having to
support a massive federal land grab to secure for the residents of
Texas more local control over their water supply. For these reasons,
while I remain committed to the return of Lake Texana to Texas State
authorities, I must reluctantly and necessarily oppose HR 4570.
Mr. PORTER. Mr. Chairman, I rise today in opposition to this bill and
in particular to Section Nine which seeks to reduce hazardous fuels in
our national forests. While I oppose many provisions in this bill, I am
particularly concerned with the process by which this legislation has
made its way to the floor. Most of the provisions have circumvented
Committee consideration and some have never even been considered by the
relevant Subcommittee. There is a reason why there is a detailed
procedure for the consideration of legislation in the House--a
procedure that I strongly support--and I am very dismayed that H.R.
4570 was not developed in this way. As many of my colleagues are aware,
I have been very active in reforming management policies in our
National Forests. Until his point, the dialogue on this issue between
various interested parties within Congress has been very productive.
However, the provisions pertaining to hazardous fuels reduction in this
bill are a step backwards in improving the management of our National
Forests. Section Nine authorizes the Forest Service to combine
commercial timber sales with forest stewardship contracting. Further,
it establishes an off-budget account that while initially funded by
transferring money from the hazardous fuels reduction program, is
regenerated through timber receipts from these sales.
As a fiscal conservative, I cannot support the connection of these
contracts. Providing offsets for timber purchasers to do stewardship
work in connection with a timber sale may have the result of paying
timber purchasers to take our natural resources. No Member with any
fiscal sense should support such a policy.
While this practice may work in private forestry, it is not something
I can support on our federal lands. If private contracting is the most
effective and cost-efficient option for performing stewardship
contracting, it should be used, but separate to a commercial timber
sale. There is no reason that these two services need to be connected
in a contract.
In addition, since I already have concerns about existing off-budget
accounts maintained by the Forest Service, I cannot support the
establishment of another one. Everyone can agree on the fact that the
Forest Service has fiscal accountability problems. Allowing them to use
more money without Congressional oversight is completely irresponsible.
Since I know that there are many good and important provisions in
this bill, I am sorry that I cannot support it. However, my concerns
with other provisions are serious enough to warrant my overall
opposition. It is my hope that in the future this sort of process for
developing legislation will be avoided and real progress can be made.
Mr. CASTLE. Mr. Chairman, I rise today to express my opposition to
ten percent of the Omnibus National Parks and Public Lands Act of 1998.
This massive 481 page document that rolls almost 100 bills into one
package is ninety percent perfect. It makes needed technical
corrections to the 1996 Omnibus National Parks Act, makes important
adjustments to park boundaries, designates desirable land as heritage
and historic areas, and reauthorizes the Historic Preservation Fund.
The bill even establishes the transcontinental American Discovery Trail
which ends in Cape Henlopen State Park in my State of Delaware.
However, ten percent of this bill needs to be separated out and
addressed on an individual basis.
That ten percent includes some of the following measures:
Opens areas proposed or being managed as wilderness to possible
development, including the Everglades National Park which Congress has
spent millions of dollars to restore;
Hands over title and operation of some western water projects to
private interests without requiring them to pay full value for the
project. This year, the House passed the Salton Sea Reclamation Act
with a price tax of almost one-third of the Bureau of Reclamation's
annual budget. There is a long list of other reclamation projects
seeking funding. Why then would we want to sell existing projects at
less than their fair market value? it is not fiscally responsible
especially in a year where the President wants to spend the Social
Security Surplus on ``emergency'' spending;
Waives environmental review procedures for a proposed road that cuts
through one of the richest wetlands on the Pacific Coast of North
America, as well as a migratory bird nesting area, and salmon spawning
grounds. The value of this road may well outweigh these environmental
concerns, but we should not blindly authorize the road easement without
stopping to study its full environmental impact and plotting a course
that minimizes the environmental harm. That is simply poor management.
Ninety percent of this bill could have been one of the shining stars
in the 105th Congress' environmental record. Instead, due to the
controversial ten percent it will either die in this chamber, never be
considered in the Senate, or be vetoed at the President's desk. We have
precious few days left in the legislative session and many of us need
to return to our districts and debate serious national issues with
political opponents. Let us not be the only institution to pass an
unsignable law that has

[[Page H9748]]

not been thoroughly examined by the committee process, and ten percent
of which bypasses or degrades the world-class environmental protections
we have established in this country.
Mr. KINGSTON. Mr. Chairman, I rise in strong support of the Omnibus
National Parks and Public Lands Act. In particular, I would like to
address one portion of the act regarding Cumberland Island National
Seashore in my district.
Cumberland Island National Seashore is governed largely by two
establishing acts. The first, in 1972, created the seashore. The
second, the 1982, established a large wilderness area on the island.
Unfortunately, this act was assembled hastily and before the National
Park Service's wilderness suitability study was completed. The
unfortunate result was that the wilderness designation was placed on
top of a number of important historic assets, essentially locking them
away and seriously jeopardizing their existence. While the listing of
these structures, districts, and sites on the National Register of
Historic Places represents the Federal Government's obligation to
protect them, their inclusion within the wilderness in 1982 seriously
undermines that effort. Not only does it impede public access to these
treasures, it presents significant obstacles to their preservation.
These concerns were recognized and noted to Congress in writing at the
time by both the President and the Department of Interior, but they
were not corrected.
Mr. Chairman, Cumberland Island is a beautiful and unique island. The
diversity of its resources is one of its greatest strengths. My
intention in introducing this legislation is to recognize the value of
this diversity and protect it. I believe it is indeed possible--and
imperative in this case--to protect both the natural and historic
assets. They do not have to be mutually exclusive goals.
This bill takes three basic steps to achieve this balance. First, it
removes the wilderness or potential wilderness label from structures
listed on the National Register of Historic Places. This provision will
lift restrictions on the Park Service as to the steps they can take to
preserve them. It also removes the fundamental conflict of mandates on
how these structures are to be treated: whether they are to be
preserved according to the Historic Preservation Act of allowed to
``revert to their natural state'' consistent with the Wilderness Act.
The bill also seeks to provide public access to these sites. Because
they are encased in wilderness, the only way for the public to visit
them is by making a 15 to 30 mile round trip hike. Obviously, only very
healthy backpackers can ever see and learn from these sites. A two-
hundred year old road (which itself has been designated as a national
historic asset), known as the ``Main Road'' or ``Grand Avenue'' runs
from the south end of the island up to many of these historic sites
within the wilderness. Our bill allows this road to be used in some
manner which does not have an undue negative impact on the wilderness
so that the park's visitors can see, study, and enjoy these sites.
Unfortunately, under the present circumstances, few visitors even
realize all that exists on the island, let alone the events that
enhance their historic significance. Cumberland's history is as rich as
Georgia's. Off its shore, pirates once loomed and British and Spanish
warships fought. Soldiers were stationed there in the War of 1812.
Revolutionary War hero Nathaniel Greene and his remarkable wife Katie
Littlefield Greene farmed and planted there. Their Cumberland Island
timber business supplied the wood for ``Old Ironsides.'' Thomas
Carnegie built mansions on the Island and once had over 300 servants
there. On the north end of the island is a historic settlement called
Half Moon Bluff founded by newly emancipated slaves. This was one of
the first free Black settlements in America and one of the few which
embodies and represents their transition from slavery to freedom and
landownership. In all, there are nine Cumberland island sites and
districts and many structures on the National Register of Historic
Places. Today many of their remnants are gone, and the rest are
decaying.
The third component of the legislation authorizes the restoration of
the beautiful historic Plum Orchard mansion which has dangerously
deteriorated. This house was gifted to the Federal Government on the
condition that it be maintained and enjoyed by the public. I am sorry
to say that this trust has been betrayed. Without serious and prompt
intervention, this structure like some of its surrounding buildings
will fall victim to neglect. This not only marginalizes the Historic
Preservation Act, it serves as a pitiful warning to other citizens who
would like to donate valuable cultural or historic assets to the
government.
Mr. Chairman, I strongly urge support of this legislation and point
to this provision as a model for the protection of all resources,
natural and historic, which fall within our government's trust.
Mr. STARK. Mr. Chairman, I rise today in opposition to the Republican
National Parks Bill. As former President Reagan once said, ``here we go
again.''
It has become a tradition in Congress since the Republicans gained
control of the majority to pass a massive end of session bill dealing
with the environment. Because the Committee brings up these bills on
short notice and with minimal oversight, they are ripe for anti-
environmental provisions that would not pass on their own muster.
This bill is a desperate attempt to pass legislation prior to hitting
the campaign trail and to pass through specific favors to special
interests. This ``omnibus'' bill contains many environmental provisions
that should be voted upon and should become law. These provisions, if
brought to the floor independently, would enjoy broad bipartisan
approval. My Republican friends have included pet projects and
environmental attacks in the context of this larger package. This bill
should be rejected as it is written and Members should have the right
to vote on individual parts of this package. Whatever positive
environmental effects that part of this bill would help to create is
undermined by the backdoor attacks on law that protect our public lands
and national parks.
I have heard from numerous environmental groups in opposition to this
bill. The Sierra Club, the American Lands Alliance, the Wilderness
Society, the U.S. Public Interest Research Group, the National Parks
and Conservation Association, the League of Conservation Voters, the
Defenders of Wildlife, the Environmental Defense Fund, the World
Wildlife Fund, the National Trust for Historic Preservation and more
than twenty other organizations have gone on record in opposition to
H.R. 4570.
What is hidden in the midst of this bill? Let's take a quick look.
H.R. 4570 exempts certain public bodies from agreements and laws
designed to manage public lands wisely. Sections 1351-1357 specifically
make exceptions for an irrigation district in Southwestern Arizona from
compliance with multiple-species conservation and water use plans now
being developed by stakeholders in the Lower Colorado River Basin.
Section 1009 is a backdoor assault on standard environmental review
procedures for tree removal projects where natural events have
happened. These carve-outs set terrible precedent and encourage the
selective enforcement of environmental laws.
What else is in this bill? Section 208 makes allowances for the
development of a commercial airport in the Mojave National Preserve.
Even if you are willing to look beyond the environmental and
recreational impact this development will have, this provision also
exempts the transfer from the Federal Lands Management Policy Act,
another horrible precedent. Section 1342 allows for the development of
a road through Alaska's Copper River Delta, including a 250-foot
easement for logging in this pristine environmental wetlands area.
H.R. 4570 paves the way for the privatization of National Park Lands,
the transfer of Everglades National Park Land and weakens the Federal
Antiquities Act. None of these ideas could garnish a majority vote in
Congress on their own. Extreme members of the Republican Party must
seek this cloak and dagger approach to get their pet projects before
the body.
H.R. 4570 incorporates the intent of H.R. 2458, which was introduced
by Representative Helen Chenoweth. This provision would allow the U.S.
Forest Service to give away $350 million in ``forest health'' credits
over the next 5 years to pay for increased logging and grazing on
National Forests under the pretension of wildfire reduction. I guess
the logic is clear, it is hard to have a wildfire without any trees.
I have been working with many Members of Congress to monitor and
decrease the invasive use of motorized vehicles in our national parks
and public lands. The bill before us today declassifies designated
wilderness areas throughout the West to specifically allow motorized
access. This dreadful provision could not pass if brought up on its
own. But buried in the end of year rush to adjournment, and desperately
trying to show their constituents that they have actually passed
legislation this year, my colleagues on the other side of the aisle are
threatening our natural lands and public areas with irreparable harm.
I urge my colleagues to put the public interest ahead of the special
interests and vote against this bill.
Mr. FARR of California. Mr. Chairman, I rise today reminded of the
first lines in the Tale of Two Cities ``It was the best of times; it
was the worst of times.'' I am pleased that one of my bills, the
California Coastal Rocks and Islands Wilderness Act of 1998, is
included in the Omnibus National Parks and Public Lands Act.
Unfortunately, because of the lateness of the legislative calendar, it
will be difficult to reconcile the differences between the executive
and legislative branches on how we go about protecting our natural
resources.
I am glad to have an opportunity to discuss the language that I
introduced along with Messrs. Gallegly, Bilbray and several other

[[Page H9749]]

California Coastal Members. I especially want to give my thanks to Mr.
Gallegly for his hard work and efforts to get this legislation on the
floor today. Unfortunately, in the hoopla of the moment I can not
forget that this bill is destined to be vetoed.
Mr. Chairman, the purpose of the Rocks and Islands Wilderness Act is
to recognize the ecological significance of the tens of thousands of
small rocks, islands and pinnacles off the California coast, by
designating them as part of the National Wilderness Preservation
System.
These small islands and rocks provide important resting sites for
California sea lions, Steller's sea lions, elephant seals and harbor
seals, as well as providing a narrow flight lane in the Pacific Flyway.
An estimated 200,000 breeding seabirds of 13 different species use
these rocks and islands for feeding, perching, nesting and shelter.
Birds that use these areas include three threatened and endangered
species; the brown pelican, the least tern and the peregrine falcon.
The Wilderness designation afforded by this act would apply to all
rocks, islands and pinnacles off the California coast from the Oregon
border to the U.S.-Mexico border, land that is currently under the
jurisdiction of the Bureau of Land Management (BLM). This includes
nearly all of the federally-owned lands above the mean high tide and
within three geographical miles off the coast.
The designation would afford the highest protected status and
highlight the ecological importance of all of the small rocks, islands
and pinnacles off the California coast, which together comprise
approximately 7,000 acres. Adding these areas would also further the
Wilderness Act's goal of including unique, ecologically representative
areas to the System.
Rocks and islands which are already patented or reserved for marine
navigational aids, National Monuments, or state parks will not be
affected by the legislation.
Mr. Chairman, this is a good, straight-forward, non-controversial
proposal that protects a unique array of California ecosystems.
Unfortunately it is coupled here with many questionable ones that
threaten our precious parks and public lands. This omnibus bill is
unacceptable in its current form, despite containing a number of
worthwhile measures. Regrettably then, I must ask my colleagues to
reject this bill but to continue to fight for the good measures that it
contains. We must work together to protect our natural heritage so that
we can leave a truly worthy legacy to our children and to future
generations.
Mr. HALL of Ohio. Madam Speaker, I urge a ``no'' vote on the rule.
I have no further requests for time, and I yield back the balance of
my time.
Mr. McINNIS. Madam Speaker, I urge a ``yes'' vote on the rule.
Madam Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HALL of Ohio. Madam Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 225,
nays 198, not voting 11, as follows:

[Roll No. 488]

YEAS--225

Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Crapo
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Fossella
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moran (KS)
Morella
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oxley
Packard
Pappas
Parker
Paul
Paxon
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Stupak
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)

NAYS--198

Abercrombie
Ackerman
Allen
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Fazio
Filner
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Goode
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
Lampson
Lantos
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Sherman
Sisisky
Skaggs
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stark
Stenholm
Stokes
Strickland
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Traficant
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates

NOT VOTING--11

Davis (VA)
Furse
Gilman
Kennedy (MA)
Kennelly
LaFalce
McCrery
Poshard
Pryce (OH)
Serrano
Weldon (PA)

{time} 1335

Ms. McCARTHY of Missouri and Ms. McKINNEY changed their vote from
``yea'' to ``nay.''
Mrs. MORELLA and Mr. LEACH changed their vote from ``nay'' to
``yea.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Upton). Pursuant to House Resolution 573
and rule XXIII, the Chair declares the House in the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 4570.
The Chair designates the gentleman from Ohio (Mr. Ney) as chairman of
the Committee of the Whole, and requests the gentlewoman from Missouri
(Mrs. Emerson) to assume the chair temporarily.

[[Page H9750]]

{time} 1338

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4570) to provide for certain boundary adjustments and conveyances
involving public lands, to establish and improve the management of
certain heritage areas, historic areas, National Parks, wild and scenic
rivers, and national trails, to protect communities by reducing
hazardous fuels levels on public lands, and for other purposes, with
Mrs. Emerson (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from Utah (Mr. Hansen) and the
gentleman from California (Mr. Miller) each will control 30 minutes.
Mr. MILLER of California. Madam Chairman, I ask unanimous consent
that the gentleman from New York (Mr. Boehlert) be allowed to control
10 minutes of the 30 minutes allotted to me.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from California?
Mr. HANSEN. Madam Chairman, I object.
The CHAIRMAN pro tempore. Objection is heard.

Parliamentary Inquiry

Mr. BOEHLERT. Parliamentary inquiry, Madam Chairman. May I get a
clarification?
The CHAIRMAN pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. BOEHLERT. The request from the gentleman from California (Mr.
Miller) was that 10 minutes of his time, Mr. Miller's time, be
controlled by this Member.
Is that correct?
The CHAIRMAN pro tempore. That is correct, time which Mr. Miller has
yielded to you.
Mr. HANSEN. I withdraw my objection, Madam Chairman.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The CHAIRMAN pro tempore. The Chair recognizes the gentleman from
Utah (Mr. Hansen).
Mr. HANSEN. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, it is a great pleasure today that I rise in support
of H.R. 4570, the Omnibus National Park and Public Lands Act of 1998.
This is an outstanding bill that addresses a variety of important
concerns, and national parks, wild and scenic rivers, heritage areas,
national forests and other public lands. This bill is the result of a
number of resource-related bills, most of which have already gone
through individual areas and followed the legislative process. Numerous
Members of Congress are to be commended and congratulated for their
hard work on the single parts of this bill which together make a
landmark piece of legislation. In fact an impressive 67 individual
Members of Congress, both Republican and Democrat, introduced
legislation that is now part of this bill.
This is a far-reaching bipartisan omnibus bill, accomplishes many
goals and addresses a multitude of public lands concerns to ensure that
America's cherished parks and public lands, many of them national
treasures, are protected, expanded and improved. It also creates new
and important historic sites, heritage areas and wilderness areas so
the American public can enjoy, benefit and use these extraordinarily
natural and historic resources.
Furthermore, the superb natural and significant and historic areas
that the omnibus bill protects and creates span the breadth of this
great country of ours. In fact, it deals with resource issues and areas
in 36 separate States, from wild and scenic rivers of Massachusetts,
creating wilderness areas in California; from a national recreation
area, to Georgia, to Midway Island, far from the Pacific Ocean and from
the Everglades of Florida to Mt. St. Helens in the State of Washington.
Madam Chairman, this is a work of a lot of compromise. We have
compromised this thing from a number of areas. During the debate
regarding the rule I talked about the most controversial thing, the San
Rafael swell bill which was basically just protecting big horn sheep. I
cannot imagine why anyone is against big horn sheep, but apparently a
lot of folks on this floor are in America, and there is a couple of
other minor ones. Other than that, this is almost an agreed-on piece of
legislation, and I would hope that the Members would look at this and
see what the good things it does for America.
Let us not be legislating by polls and political pundits. Let us
legislate on what is right for America and not to be concerned about
getting 20 phone calls in the office.
Madam Chairman, it is with great pleasure that I rise today in
support of H.R. 4570, the Omnibus National Parks and Public Lands Act
of 1998. This is an outstanding bill that addresses a variety of
important concerns in National Parks, wild and scenic rivers, heritage
areas, National Forests, and other public lands. This bill is the
result of a number of resource related bills, most of which have
already gone through individual hearings and followed the legislative
process. Numerous Members of Congress are to be commended and
congratulated for their hard work on the single parts of this bill
which, together, make this a landmark piece of legislation. In fact, an
impressive sixty-seven individual Members of Congress, both Republican
and Democrat, introduced legislation that is now part of this bill.
Madam Chairman, the far-reaching bi-partisan Omnibus Bill
accomplishes many goals and addresses a multitude of public lands
concerns to assure that America's cherished parks and public lands,
many of them national treasures, are protected, expanded, and improved.
It also creates new and important historic sites, heritage areas, and
wilderness areas so that the American public can enjoy, benefit, and
use these extraordinary natural and historic resources.
Furthermore, the superb natural and significant historic areas that
the Omnibus Bill protects and creates, span the breadth of this great
country of ours. In fact, it deals with resource issues and areas in 36
separate states--from wild and scenic rivers in Massachusetts, to
creating wilderness areas in California, from a national recreation
area in Georgia to Midway Island, far out in the Pacific Ocean, and
from the Everglades of Florida to Mount St. Helens in the state of
Washington.
Madam Chairman, allow me to point out in greater detail a few of the
many provisions in the bill which will help improve and create more of
our outstanding natural, historic, and cultural resources.
This bill expands the boundary of the boyhood home of one of our
country's greatest presidents, Abraham Lincoln. It authorizes the
inclusion of the Knob Creek Farm into the Lincoln Birthplace National
Historic Site. This is the farm where Lincoln spent much of his
childhood and still retains its great historic significance.
Likewise, this bill modifies and expands the boundaries of the
birthplace of our country's first president, George Washington. It
expands the current boundary of the National Monument to include an
area known as Ferry Farm located on the banks of the beautiful
Rappahannock River. This area is highly prized because of the cultural
and natural resources associated with the boyhood home of George
Washington and is thought to be the place where George Washington
chopped down the well-known cherry tree.
The Omnibus Parks bill enhances the management and public enjoyment
of a number of National Heritage Areas including the Delaware and
Lehigh National Heritage Corridor in Pennsylvania, the Blackstone River
Valley National Heritage Corridor which flows through Massachusetts and
Rhode Island, and the Illinois and Michigan National Heritage Corridor.
Moreover, it creates a new Heritage Area in Michigan, the Automobile
National Heritage Area, so the public can celebrate and enjoy the
important resources related to the industrial and cultural heritage of
the automotive industry, an industry that, without doubt, has touched
every single American in a variety of ways.
This bill provides new opportunities for Americans to visit new
historic areas around the country such as the Thomas Cole National
Historic Site in the state of New York. Thomas Cole is an extremely
important American artist and founded the Hudson River school of art,
an important cultural movement with great significance to the beginning
of the conservation movement in the United States.
Moreover, it authorizes the addition of the Paoli Battlefield to the
Valley Forge National Historic Park. Paoli Battlefield, located in
Pennsylvania, is the site of a very important Revolutionary War battle
which became a rallying cry for many of the soldiers and citizens alike
during the American Revolution.
Other historic sites are established by this bill, as well. For
example, in Arizona the Casa

[[Page H9751]]

Malpais National Historic Landmark would become an affiliated site of
the National Park System. This site is an amazing archaeological pueblo
ruin once occupied by the Mongollon culture 700 years ago and includes
a number of impressive features such as a Great Kiva complex,
stairways, wall fortifications, catacombs, and sacred chambers.
Turning to more recent times, the Omnibus Bill establishes the Lower
East Side Tenement National Historic Site in New York City also as an
affiliated site of the National Park Service. The Lower East Side
Tenement, built in the mid-1860s, is the first tenement in the nation
to be preserved as a historic site and represents a unique opportunity
for the public to interpret this rich cultural heritage which has
contributed to the very fabric of America.
H.R. 4570 authorizes construction of the Gateway Visitor Center at
Independence National Historical Park in Philadelphia, home to many of
our country's most cherished treasures such as Carpenter's Hall,
Independence Hall, and the Liberty Bell. This ensures, that for years
to come, visitors will have an enjoyable and educational experience on
some of our most revered land in the United States.
H.R. 4570 establishes the Tuskegee Airmen National Historic Site as a
unit of the National Park System in the State of Alabama. This site
will commemorate and interpret the heroic efforts made by the
Tuskegee Airmen during World War II through the development and
management of the Tuskegee Airmen National Center. Furthermore, this
bill establishes the Little Rock Central High School as a National
Historic Site. As many people know, Little Rock Central High School
played a prominent role in the struggle for civil rights and served as
an example and a catalyst for the integration of public schools across
the country. Establishment of this historic site would recognize this
great achievement and the evolution of the civil rights movement in the
United States.

Madam Chairman, the Omnibus Parks Bill also provides for the
expansion of a number of national park units like that of the
spectacular Arches National Park in my beautiful home state of Utah.
This spectacular park contains one of the largest concentrations of
natural stone arches in the world, and numerous geologic features such
as spires, pinnacles, pedestals, and balanced rocks. Another park unit
expands by authorizing the acquisition of a parcel of property for the
Morristown National Historical Park in New Jersey. This property was
the strategically located winter headquarters of General George
Washington during the winter of 1779-1780. And it expands the
Chattahoochee River National Recreation which will increase protection
and visitor enjoyment of the river, by adding land-based links between
current units of the national recreation area. This addition is a prime
example of a public/private initiative to preserve and protect one of
our nation's most popular recreation areas.
Importantly, Madam Chairman, this bill would reauthorize the Historic
Preservation Fund created by the Historic Preservation Act. This fund
is a very significant component for the preservation of the vast array
of prehistoric and historic resources across this nation. There are a
number of worthwhile programs that are associated with this Fund
including two types of grants which support the administrative
functions of the State Historic Preservation Office and also support
the ``bricks and mortar'' preservation and rehabilitation of important
historic properties.
H.R. 4570 establishes the National Discovery Trails System and
designates the first such trail as the ``American Discovery Trail''.
These trails would be continuous interstate trails located to provide
quality outdoor recreation and travel connecting the Nation's
metropolitan, urban, rural, and back country regions. The American
Discovery Trail would extend 6,000 miles from Delaware across the
United States to the coast of California. Provisions are also included
in this section that provide needed protection and notification for
private property owners. This will ensure both public enjoyment of the
trails and protection of the private property owner.
In addition H.R. 4570 establishes the country's newest wild and
scenic river system in the state of Massachusetts. It designates four
beautiful segments of the Sudbury, Assabet and Concord Rivers to the
National Wild and Scenic River System. This will guarantee the
protection and conservation of these spectacular rivers, so that the
public can continue to enjoy the recreational opportunities these
rivers have to offer.
Madam Chairman, this bill resolves a very important issue that has
been ongoing in the state of Utah for a number of years. When Utah was
granted statehood, the Federal Government designated scattered sections
throughout the State as school trust land. These parcels were to be
sold or developed, and the revenue was to go into a trust fund for the
school children of Utah. Over the years, however, the Federal
Government created several National Parks, National Monuments, and
Indian Reservations that surrounded hundreds of these school sections,
essentially making them undevelopable and nontransferable. Since it
became almost impossible for the State to derive any economical use
from these lands, the school trust has suffered greatly. This section
would trade these lands out of Parks, Monuments and Reservations for
economically developable lands elsewhere in the State, greatly
benefiting the school children of Utah. Like many others, this
provision is supported by the State of Utah, environmental groups, and
the Administration.
Madam Chairman, I have just given a more detailed description on only
a few of the many, many things that this bill will accomplish. In
addition to items I mentioned, H.R. 4570 will establish a hazardous
fuels reduction program, settle property rights issues, authorize
construction of memorials to great leaders like Mahatma Gandhi and
great men of science life Benjamin Bannecker, convey a number of
federal reclamation projects to local irrigation districts, establish a
cave and karst institute, create wilderness areas, and authorize a
number of provisions for the people of Alaska.
Simply put Madam Chairman, this is a very important and comprehensive
natural resource bill that represents many single pieces of legislation
by nearly 70 individual Members of Congress in both parties over 36
separate states. The Administration is in full support of most of the
sections of this bill. Moreover, many of the provisions of this bill
have been reported by the Full Committee and many others passed the
House or the Senate. H.R. 4570 will greatly benefit our National Park
System by expanding units, creating others, and constructing new
facilities. We have the opportunity to enhance and strengthen our
commitment to historic and cultural preservation and protecting many
other natural resources that make this country the most beautiful in
the world.
Madam Chairman, I have spent a number of years proudly representing
the people of Utah in this House. I have seen many pieces of
legislation dealing with national parks and natural resources in my
years of service. Very rarely, however, does bi-partisan legislation
that does so much, for the benefit of so many people, in so many
different states come along. This is one such bill which shows that we
here in the Congress are truly committed to ensure that our national
parks and natural resources are protected for now and for future
generations. I strongly urge my colleagues to support H.R. 4570.
Madam Chairman, I reserve the balance of my time.
Mr. MILLER of California. Madam Chairman, I yield myself 1 minute,
and I rise in strong opposition to this legislation. The supporters of
this legislation have been promoting it as noncontroversial, bipartisan
initiative that is good for the environment. It simply is not true. It
is misrepresentation of what is in this legislation. This is a very bad
environmental bill with some noncontroversial items in it to try to
provide the camouflage so the Members will pass this legislation. But
let us make it very clear from the beginning: the administration
opposes this legislation, the major environmental groups in this
country oppose this legislation, The League of Conservation Voters
oppose this legislation, and this legislation ought to be rejected.

{time} 1345

Yes, we can do a major parks bill at the end of this session, but we
must do it based upon noncontroversial measures with bipartisan
support. It is said that this legislation has bipartisan support. Let
us also understand that it has strong bipartisan opposition to this
matter. Why? Because many of these measures have not gone through
committee. They have not received hearings. They have been brought up
at the last minute in spite of the fact that we have had an awful lot
of time in this Congress to deal with these kinds of items. Because it
also contains some very contentious measures that, if brought out here
on their own, would simply not pass, and that is why they are put in
this legislation to see whether or not, in fact, they can package a
bill that would be passed.
We ought to take the packaging off this legislation and understand
exactly what it is, and that is that it is a very bad bill for the
environment and without support either in the House or in the Senate.
Mr. BOEHLERT. Madam Chairman, I reserve the balance of my time.
Mr. HANSEN. Madam Chairman, I yield 1 minute to the gentleman from
New Mexico (Mr. Redmond).
Mr. REDMOND. Madam Chairman, I rise today in support of H.R. 4570. As
a

[[Page H9752]]

Member from a State that is home to sweeping vistas, lush forests, and
the largest volcanic caldera in North America, I understand the
importance of our maintaining our historic national treasures.
H.R. 4570 will address a variety of public lands issues and concerns,
including the authorization of the purchase of 900 acres of expansion
of the Bandelier National Monument in New Mexico, one of the oldest
national monuments in the United States.
This language represents one of the Park Service's highest priorities
and will allow them to fulfill a long goal and acquire the Alamo
Headwaters, protect the watershed from any upstream contamination.
I want to express my heartfelt, sincere appreciation to the gentleman
from Utah (Mr. Hansen) for bringing this bill to the floor. The State
of New Mexico and most of the United States, as a whole, stands to
benefit tremendously from H.R. 4570, and if it had not been for the
wise guidance and careful attention to these issues of the gentleman
from Utah (Mr. Hansen), we would not be in this comprehensive
conservation legislation today.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, I rise in strong opposition to this bill, and I must
say I have plenty of company. The bill is opposed by every
environmental group and by Taxpayers for Common Sense. The League of
Conservation Voters will score it. The administration will veto it.
Why all this opposition? Is it just the natural negativity or
orneriness of these groups? I am afraid not. They are against the bill
because it will set bad public policy. The bill would weaken protection
for wilderness areas, and it would remove 74,000 acres from wilderness
protection, 74,000 acres that President Bush said merited that
protection.
The bill would waive normal environmental review for a controversial
road in Alaska, a road that is controversial, not just in Congress, but
Alaska itself, where Native communities, among others, oppose it.
The bill would make it hard to get discovery trails approved by
setting new bureaucratic hurdles. The bill would create new incentives
to cut trees in national forests and would create new special funds
within the Forest Service at a time when we are trying to remove such
incentives and clean up Forest Service accounting.
The bill would transfer Federal property to the private sector in a
way that would weaken environmental protection and deny the Nation's
taxpayers the ability to recoup the full value of the Federal
investment.
Those are just the most significant bad policies that would be
established by this bill. It was totally unnecessary to include these
provisions in the bill.
The bulk of this bill consists of noncontroversial projects
throughout the entire country. The committee could have brought these
projects to the floor individually or collectively under the Suspension
Calendar. It chose not to do so. It chose, instead, to hold perfectly
good projects hostage so it could attempt to jam through the Congress
bad policies that do not have a prayer of passing independently. In
fact, some of those bad policies have not even been approved by the
Committee on Resources itself.
So I urge my colleagues to vote against this bill, not only to reject
the bad policies, policies a wide majority of Members would oppose if
they came up individually, but also to reject bad process.
We are faced with a bill that was deliberately constructed to win
support for policies that Members oppose. That is not a fair process.
We are faced with a bill that did not go through normal committee
review. That is not a fair process.
We are faced with a bill that could not be fairly negotiated because
its key provisions were labeled nonnegotiable. That is not a fair
process. We are faced with a bill on which negotiations had been
repeatedly mischaracterized. That is not a fair process.
We are faced with a bill whose primary point is to put one wing of
the Republican party at the mercy of another wing of the Republican
Party. That is not a fair process.
So, again, I urge my colleagues to vote down this bill even if it
contains your own project. That is, unfortunately, the only way to stop
these bad policies and bad processes. My colleagues will not be giving
up much because the bill is not going anywhere anyway.
Let us vote down this bill in order to protect the environment and to
protect the taxpayer, and let us vote down this bill to prove that we
will not stand for being held hostage.
Madam Chairman, I reserve the balance of my time.
Mr. MILLER of California. Madam Chairman, I yield 2 minutes to the
gentlewoman from Colorado (Ms. DeGette).
Ms. DeGETTE. Madam Chairman, I rise today in opposition to this
poorly conceived, hastily prepared antienvironmental legislation. This
legislation, as has been noted, has attracted the opposition of the
administration, the environmental groups, and even such newspapers as
the Washington Post and Los Angeles Times.
Even though I know the gentleman from Utah will be offering an
amendment in the nature of a substitute, it still falls far short.
This legislation does not set sound environmental policies. It sets
them on the track in the wrong direction at a time when Americans see
the environment as a top priority. This legislation turns a blind eye
to the demand of our constituents.
For example, in Colorado, a recent statewide poll indicates that an
overwhelming number of Coloradans, almost 70 percent across the State,
Democrats, Republicans, and Independents, support wilderness
designation for over a million acres currently being managed by the
Bureau of Land Management.
This astounding level of support is throughout the State, across
party lines. But, instead, what this Congress intends to do, instead of
listening to voters like that, is to pass a bill that contains
provisions such as taxpayers paying for increased clear-cutting and
livestock grazing in national forests.
It takes wilderness study area in the San Rafael Swell in Utah and
terminates it for 125,000 acres. It creates a new provision for the
National Park Service which prohibits the Service from removing
inappropriate commercial buildings to protect park values, and on and
on.
Are these rollback of environmental protections the legacy we want to
leave for future generations? I do not. As somebody who represents a
State that is well known for its natural beauty, I will do everything I
can to make sure we defeat ill-conceived legislation of this nature.
Mr. BOEHLERT. Madam Chairman, I yield 2\1/2\ minutes to the gentleman
from Alaska (Mr. Young), chairman of the Committee on Resources.
Mr. YOUNG of Alaska. Madam Chairman, for those that are saying this
is a nonenvironmental bill, and also the gentleman from New York (Mr.
Boehlert) said that all environmental groups are against it, I would
like it to say also that, yes, they are, because they have told people,
and I have got confirmation of this, that they are just going to show
the Congress how strong they are. Because I asked them specifically
what was wrong with this bill. They could not give me an answer.
Yes, they brought up the Chugach Road. But remember, Madam Chairman,
my colleagues voted on this. It was voted on in this House; and I won,
and my colleagues lost. We won that by 250 votes. Think about that a
moment. We bring this up as an issue. They did not like the results, so
now they are saying this is a bad bill.
This is already law. We should pass it. It will be signed in law, the
President will sign it, and that road will be built. But think about
all those proposals in this package that said they were not hurt.
By the way, the gentleman from California (Mr. Miller) is not here,
but the bill of the gentleman from California (Mr. Miller) is in here,
and we did not hear anything about his bill, and he wanted it.
The gentleman from Pennsylvania (Mr. McHale) came to me and said this
is a good bill. We looked at it, and he wants it. Let us see.
Oh, by the way, the gentleman from Arkansas (Mr. Snyder), the
gentleman

[[Page H9753]]

from Connecticut (Mr. Maloney). The gentleman from Connecticut (Mr.
Maloney), that is interesting. The gentleman from Massachusetts (Mr.
Moakley). Let us go down the line here a ways. There is the gentlewoman
from Hawaii (Mrs. Mink). I can go on down. No hearings.
But we reviewed these, and they were good pieces of legislation, and
I happen to have the belief that this is a representative form of
government. If someone thinks this is right for the district, they have
to live with it.
Now to have the environmental communities come out and say that this
is bad environmental legislation, this is a disservice. It goes to show
us how far the environmental community has gone in the United States.
They are zealots. They think nothing of the people that live in those
districts, nor the Representatives that represent them.
I am terribly disappointed. In the rule I mentioned that those of us
that have legislation in this bill and, in fact, do not vote for this
bill, do not come to me next year and say, ``I need this.'' Think about
it a moment. My colleagues asked for this. Now they say it is bad
because they say there are wrong things in it.
I will say this to the gentleman from New York. I said before he
ought to be ashamed, because the gentleman from Utah (Mr. Hansen)
worked very hard with him all through this last 2 years trying to reach
a solution. The gentleman from Utah has given, and he gave more than I
would have ever given. San Rafael I never would have given up, but he
did trying to reach the compromise.
Now to have opposition because certain interest groups call my
colleagues on the phone and say this is a bad piece of legislation, my,
God, when are they going to start thinking for themselves? It is time
to start thinking about America and the people and not some interest
group that has a bill around this highway. I am ashamed of those people
that respond to those.
Mr. BOEHLERT. Madam Chairman, I yield myself 30 seconds to point out
to my distinguished colleague, the gentleman from Alaska, that some of
those calls I have received are long distance from Alaska from people
up there who are vitally concerned for the environment.
Secondly, I would point out that I hope we do have good memories.
Thirty-five Republicans voted on that Chugach measure. We had the Black
Caucus which initially supported the position of the gentleman from
Alaska (Mr. Young), but upon serious reflection have issued a statement
that they are opposed to it.
Madam Chairman, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Greenwood).
Mr. GREENWOOD. Madam Chairman, I rise to oppose the bill, and I do so
filled with regret, because the gentleman from Utah is a gentleman. He
is a friend.
He called me a couple of weeks ago and asked me if I would help him
negotiate this bill, and the reason he called me is that one of the
roles that has been assigned to me by the majority leader has been to
try to build bridges between Republicans, Republicans who some of us
come from the Northeast and have one orientation with regard to the
environment, and some of our colleagues from the West and other parts
of the country who have different perspectives.
The process that we have tried to establish to do that is to say, if
the goal is to make law, then that should be an easy process, because
if this President is going to sign a bill, and if the goal is to get
him to sign the bill, then we can certainly work out our differences.
We tried that. I gave my staff the assignment to spend an awful lot
of time on this measure. It did not work. We could not get the bill
anywhere close in these negotiations to where it could be signed into
law.
If we had, we would have come out here, and the gentleman from New
York and I would have done what we done on other occasions. We would
say this is not really what we want. We are uncomfortable with this. We
are going to take some criticism from some of our environmental
supporters. But it is the right thing to do. It is a compromise. We
cannot have it all. But that is not what this process yielded. This
process did not yield a bill that looks like it has a prayer to become
law.
So the question then becomes what is the point of going through this
exercise? Is it simply a test of egos? Is it a test of strength? Is it
done for political purposes? That is not why I came to Washington. I
came to legislate. Legislating means we compromise, we give up the
battle one day to fight it on another day. Maybe we can still do that.
I address my remarks to my friend, the gentleman from Utah. Maybe
before this session is over miraculously in the little time that
remains, we can do that.

{time} 1400

But we are not there yet, and as a matter of honor, I cannot support
the gentleman today.
Mr. MILLER of California. Madam Chairman, I yield 3 minutes to the
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Madam Chairman, as the New York Times has rightly
editorialized, ``Since sweeping into Washington in 1995, the Contract-
With-America Republicans have tried every legislative trick in the book
to undermine the Nation's environmental laws.''
The particular trick that elicited that assessment was the Gingrich
scheme to tack on some 50 anti-environmental riders, a scheme to tack
them into the appropriations bills that is still holding up
appropriations bills in this Congress. It is a practice that was
appropriately described as our Republican friends ``mugging the
environment.''
Well, today we have something a little different. In this omnibus
parks bill, we have another legislative trick. In fact, I guess in
eager anticipation of Halloween, we have both trick and treat in this
bill. The only problem is that the tricks are all in there for the
taxpayer, and the treats are there for those who want to exploit the
environment and particularly to exploit publicly-owned resources.
Madam Chairman, this bill is a trick because it takes dozens of anti-
environmental bills, stirs them all together in a big old legislative
cauldron, including a few Democratic proposals that are good, which are
sprinkled in there to give this measure a nice touch, as was just
described by the honorable chair of our Committee on Resources. This
whole mess of a parks bill, seems to have everything in that cauldron
but ``eye of Newt.'' And if one looks real closely, one will see not
only the eye, but the hand of Newt, the same hand that was out there
trying to mug the environment in the appropriations bills.
What does this bill do? Well, it is appropriately called an omnibus
bill because it has near omnibus opposition. It has brought together
those deeply concerned with protecting our national resources, with
protecting our air and our water, protecting our environment; it has
brought them together with groups that are aware that we ought not to
waste our taxpayer resources. If the taxpayers have paid for these
resources, if these are public resources, they ought not to be quickly
given away to those that wish to exploit them. So we find both
environmental groups and Taxpayers for Common Sense coming together to
oppose in an omnibus way this omnibus, awful bill.
What all does the bill do? What is its theme? In short, where there
are national forests, clear-cut them. Where there are pristine
wetlands, build on them. Where there is a public reservoir, give it
away to someone.
This bill is a Frankenstein's monster of bad ideas. It contains
loopholes, exemptions, corporate welfare. The Republicans, with the
exception of a few, who have had the courage to stand up here today and
oppose it, the Gingrich leadership has sewn all this mess together, and
they hope to shock it back to life, just prior to Halloween, here on
the House floor. It should be rejected.
Mr. HANSEN. Madam Chairman, I yield 2 minutes to the distinguished
gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Madam Chairman, without any recriminations towards any
of my colleagues, I recognize there are strong feelings on this, but
today the House has an opportunity to make significant progress in
moving forward to address a number of important

[[Page H9754]]

issues and opportunities with regard to the national parks and the
public lands. This is a good bill.
I want to commend my good friend, the gentleman from Utah (Mr.
Hansen), chairman of the subcommittee, for the outstanding job that he
has done in going forward on this matter. I also want to commend my old
friend, the chairman of the committee, the gentleman from Alaska (Mr.
Young) with whom I worked for many years as members of the Subcommittee
on Fisheries and Wildlife Conservation on the old Committee on Merchant
Marine and Fisheries. There we passed enormous progress in the area of
wildlife conservation and the environment. Those were good bills then,
and the gentleman from Utah and the distinguished chairman of the
committee have carried forward that tradition.
The gentleman from Utah has been very busy the last few days trying
to address the concerns, many of which are legitimate, of Members on
this side, and members of the environmental community.
The way legislation is achieved is not simply by saying, no, we are
not going to pass this. It is by passing this legislation, working
together, continuing the dialogue, and moving forward to achieve the
necessary compromises that can put together a bill that will ultimately
pass the Senate and go to the White House. Today we have the simple
opportunity of moving forward on a piece of legislation, or of saying,
no, we are not going to.
The gentleman from Utah has done a superb job, and I want to salute
him. I will tell him and tell my colleagues that there is a provision
in here which will benefit enormously the people of the 16th District
in the State of Michigan and those who work in and are dependent upon
the auto industry by creating an auto heritage area, which is very,
very important to us in Michigan in terms of remembering our history
and in terms of celebrating what we in Michigan, and we who are part of
the auto industry, have done to make this a greater country.
I would urge my colleagues to approach it in that light; to recognize
that while there may be imperfections in this bill, it is a good bill.
It is a bill which is good for the country. It is a bill which makes
progress. It is a bill which saves and preserves and protects important
areas and values, and it is a bill which keeps in mind the great
traditions of this country in terms of protecting its heritage, its
traditions, its important areas, and its environment.
I urge my colleagues to support the hand of the distinguished
gentleman from Utah, the distinguished gentleman from Alaska, and the
others who have worked on this. There may be problems, but they are
problems which are resolvable in the spirit of goodwill, and I urge my
colleagues to approach it in that way.
Mr. BOEHLERT. Madam Chairman, I yield 1 minute to the gentleman from
Delaware (Mr. Castle), the former Governor.
Mr. CASTLE. Madam Chairman, I thank the gentleman for yielding, and I
rise in reluctant, but strong, opposition to this legislation.
It is this simple. We are down to the last few days of this session
of the Congress, we are going to go out of session in 3 days or so, and
in this time we are going to find a lot of legislation which comes
forward which has not gone through the entire committee process,
sometimes not even the subcommittee process, and it is too bad in this
case, because this is a very good piece of legislation, if we just took
certain portions of it. Somebody said as much as 90 percent of it is
actually very good, and frankly, I would not be opposed to that at all.
But the bottom line is that there is enough in it to bring it down
that the Senate will probably not act on it. The White House will
probably veto it if it came there. It has not gone through committee,
and it has certain flaws in it which I think are fundamental in terms
of protecting the environment of this country.
It would remove areas from wilderness protection that should not be
removed from wilderness protection; it would set new and weaker
guidelines for such wilderness protection; it would waive normal
environmental reviews for a road across world-famous salmon streams; it
would create new barriers to the creation of discovery trails,
something which is very important; and it would create new incentives
to cut trees in national forests and transfer Federal property in a
manner that endangers the environment and cheats taxpayers.
The time has come to get a good environmental agenda that we can all
agree on. Unfortunately, this bill does not quite reach it. I urge
opposition to the bill.
Mr. MILLER of California. Mr. Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Woolsey).
(Ms. WOOLSEY asked and was given permission to revise and extend her
remarks.)
Ms. WOOLSEY. Mr. Chairman, I rise today in opposition to H.R. 4570,
the omnibus parks bill. I would like to see a park bill. I would like
to see one that we can support across party lines and across
environmental and nonenvironmental lines, because our parks are
absolutely the treasures of our Nation.
These are the lands that we as individuals have to protect and
treasure so that our children will have lands that they can appreciate
also. And this bill would threaten these treasures, threaten them by
putting the Channel Island National Park, the Cumberland Island
National Seashore, and the C&O Canal up for sale.
H.R. 4570 would also accelerate timber harvesting on Federal land and
provide a $150 million subsidy to the timber industry for logging on
what the Republicans call overgrown forestlands.
This bill would also build a road without environmental review
through the wetlands of Alaska's Chugach National Forest.
I would like to see an omnibus parks bill, I would like to see one
passed this year, but I want to see one that has significant bipartisan
input and fair representation. Sixteen Democratic issues or measures
out of almost 100 is not fair representation, no matter how one adds it
up.
I urge my colleagues to oppose this bill, and I urge the majority on
the Committee on Resources to work with the Democrats and with the
environmentalists in their caucus so that we can have a bill that we
can pass.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Weller).
(Mr. WELLER asked and was given permission to revise and extend his
remarks.)
Mr. WELLER. Mr. Chairman, I rise in support of the omnibus parks bill
because it is a good environmental bill, and it is good for Illinois. I
particularly want to thank the gentleman from Utah (Mr. Hansen) for
including a provision in this legislation, a bipartisan provision that
has been sought by the gentleman from Illinois, (Mr. Lipinski), my
friend, and myself which would extend the Commission of the Illinois
and Michigan Canal Heritage Corridor for 5 more years.
The Illinois and Michigan Canal Heritage Corridor was established by
legislation sponsored by my political mentor, former Congressman Tom
Corcoran, in 1984 and expires in the coming year.
This legislation established the first heritage area in the Nation
which was established to protect, interpret and preserve historical and
cultural resources and to promote recreational activity. The corridor
served as a model for the numerous other heritage areas that have since
been created. This particular heritage area stretches from the city of
Chicago 100 miles west from the district I represent to LaSalle/Peru.
The I&M Canal is home to numerous prairie reserves, hiking trails and
parks. Visitors can see a pioneer settlement in Lockport, a nature
center in Joliet, the Aux Sable Aqueduct, or a historic courthouse in
my hometown of Morris. If that is not enough, one can visit the first
site of the famous Lincoln-Douglas debates in Ottawa.
The I&M Canal tells the story of early canal towns and early American
culture. It tells the story of the friendship between the Potawatomi
Indians and new settlers. The canal provided farmers access to new
markets, and was instrumental in the development of the industrial
revolution, and contributed to the development of one of the world's
greatest cities, Chicago. This heritage area is so rich with culture,
history, and national resources.

[[Page H9755]]

Mr. Chairman, I want to point out that this initiative is bipartisan,
cosponsored by my friend from Illinois (Mr. Lipinski) and myself, and
would extend the Illinois and Michigan Canal Heritage Corridor
Commission for another 5 years. Otherwise, it will expire in this
coming year. It is a national treasure. We must extend it.
I want to ask my colleagues to join everyone in a bipartisan effort
to help Illinois.
Again, I want to thank the chairman of the subcommittee for his
leadership and friendship and also for including something that is
important to Illinois in this important legislation.
Mr. BOEHLERT. Mr. Chairman, how much time is remaining?
The CHAIRMAN. The gentleman from New York (Mr. Boehlert) has 2\1/2\
minutes; the gentleman from Utah (Mr. Hansen) has 20 minutes remaining;
and the gentleman from California (Mr. Miller) has 12 minutes
remaining.
Mr. BOEHLERT. Mr. Chairman, I reserve the balance of my time.
Mr. MILLER of California. Mr. Chairman, I yield 3 minutes to the
gentleman from New York (Mr. Hinchey).
Mr. HINCHEY. Mr. Chairman, this is a very important bill. In one
sense I am opposed to it with some reluctance, because I know that my
good friend, the chairman of the subcommittee, the gentleman from Utah
(Mr. Hansen), has spent a great deal of time working on this
legislation, and I think that he has truly made an effort to
accommodate a number of people and their interests and ideas in this
legislation.
In many ways the bill contains a number of very good provisions. For
that reason I am somewhat reluctant to oppose it. But when one looks at
the bill carefully, one finds that overwhelmingly, too many of the
provisions are simply unacceptable.
I will just mention a couple. On the issue of the San Rafael, for
example, this is a separate bill, and it is treated in this legislation
in some unusual ways. It provides some very unorthodox and unusual ways
of managing public land. In addition to that, it reduces the acreage of
lands that are eligible for wilderness designation, and I think that
that is a big mistake. It fails to give Federal agencies the water that
they would need to meet their land management goals.

{time} 1415

Then they cannot manage the land properly, if we do not allow them to
have the water they need in these arid areas to accomplish that
objective.
It gives unusual management authority over nationally-owned land to
local officials. This, of course, would be establishing a very
dangerous and a very wrong precedent. It creates a strong possibility
that sensitive areas would be open to vehicle use. These are areas that
should be closed to vehicle use in order to protect wildlife and the
land itself. People go out on these areas, but they ought not to go out
there with vehicles that are going to wreak havoc with the wildlife and
ruin the land.
Another provision of the bill deals with the American Discovery
Trail. This is a piece of legislation that had broad bipartisan
support. It is a top priority of hiking groups, a proposal that would
benefit people from coast-to-coast, just as the Appalachian Trail has
benefited people up and down the East Coast.
But there is a poison pill in this initiative as well, which would
require that all adjacent property owners be notified. This would tie
up all or most of the money that is allocated to accomplish the
reasonable and good objectives of the bill, and, in short, it would
effectively kill the trail. The trail would not come into existence.
The Chugach Road provision, we hear that this has been improved to
meet the objections of the Forest Service. But that is not what the
Forest Service has told us. We would, under this bill, still be
granting an unregulated easement through one of the richest wildlife
habitats and migratory bird flyways in the continent.
In the final analysis I think we all have to oppose this legislation,
and I have just mentioned a few of the adverse provisions. We have to
oppose this on the grounds that this legislation just does not make any
sense, and because of that, it is opposed by virtually every
environmental group, and the Taxpayers for Common Sense, as well.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Nevada (Mr. Gibbons).
(Mr. GIBBONS asked and was given permission to revise and extend his
remarks.)
Mr. GIBBONS. Mr. Chairman, I rise in strong support of H.R. 4570.
Today we have an historic opportunity to enact bipartisan legislation
that will not only protect but expand and improve America's cherished
national parks and many of its public lands.
Since I have been in Congress, I have had the great fortune and
opportunity to work with distinguished men like the chairman of the
subcommittee, the gentleman from Utah (Mr. Jim Hansen) and the chairman
of the full committee, the gentleman from Alaska (Mr. Don Young). Their
dedication to the environment of America and sound scientific policies
that govern our public lands is a tribute to this bill and to the
American people who use and enjoy America's national treasures.
This bill will address a wide variety of important national parks,
wild and scenic rivers, heritage areas, national forests, and many
other public lands issues and concerns. This bill brings benefits to
our public lands, including such items as reauthorization of the
National Historic Preservation Fund, the Abraham Lincoln Birthplace
National Historic Site, George Washington Birthplace National Monument,
and the Little Rock Central High School National Historic Site, among
others.
This bill reflects the bipartisan goals and directions of this
Congress by confirming that the proper management and creation of
America's parks and public lands remain a top priority for years to
come.
Some in this body will demagogue. Some will come to the well and
dispel the importance of this bill. They will say that this destroys
our environment, and that it bodes ill will to our national parks and
public lands. But I assure the Members, it does not. I would hope each
of my colleagues would read this bill, and I would encourage each of
them to ask questions on how it will affect our districts, Members'
districts, and our constituents.
I, for one, will support this bill, because I know the benefits it
brings to my constituents and the benefits it brings to America. I
encourage all Members to support the passage of H.R. 4570.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the gentleman from Utah
(Mr. Cook).
Mr. COOK. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in support of H.R. 4570, but with strong
objections. We have jumbled and junked together several bills here,
some good, some bad, hoping that the bad bills will be passed by the
sheer momentum of the good ones.
I have always considered that a bad way to legislate, but this bill
contains a land swap that gives Utah's schoolchildren hundreds of
millions of dollars for their education. I voted for that bill earlier
this year when it stood alone, and I am voting for this omnibus bill
today, only because of that crucial money for Utah's schoolchildren.
This bill contains weak legislation which I believe is devastating to
a prized natural resource also in my State, legislation that would fail
on its own because it is a bad idea, legislation I have consistently
opposed. I am angry and disappointed in the cynical process that ties
these two bills together, and I did work, but unsuccessfully, to
separate those two bills. What we are doing today is a disservice to
the legislative process, but for the sake of Utah's children, I am
voting for it.
Mr. MILLER of California. Mr. Chairman, I yield 2 minutes to the
gentleman from Minnesota (Mr. Vento).
Mr. VENTO. Mr. Chairman, I think this bill is a disservice to those
that have provisions in the bill that are noncontroversial. I think
that this is advanced here, on the eve of the conclusion of this
session, on the notion that somehow if we come together in an obmnibus
bill, we can get this all done together. I think this is a step
backwards for those provisions, as we haven't compromised or agreed to
such measure.
It is being held out as a bipartisan bill, but the fact is that there
has not been an effective agreement between

[[Page H9756]]

the leadership of the Committee on Resources, and I think that 2 years
ago that was possible in a polarized situation, and we were able to
come together in 1996. But as I look here, we have bipartisan
opposition to this today, and I think it is much stronger than the
support for this bill.
Obviously, some are concerned desperately that they want to pass
their legislation that is noncontroversial. I certainly sympathize with
the gentleman from Utah, with the school lands problem that he just
conveyed to us.
But I think in the end that this process is flawed, that it is going
to result in less action by the Senate even with those House bills that
are in the Senate today, and certainly the discussion and veto policy
from the administration should give great pause. I think if we defeat
this bill, we might actually get something done in the end, but this
measure is a step backwards today.
As I quoted earlier, Otto von Bismarck said, ``If you like laws and
sausages, you should never watch either being made.'' He must have had
this bill, H.R. 4570, in mind, Mr. Chairman. The legislation continues
the tradition of park pork, and I might say land use pork.
Unfortunately, the legislation is not a mixture of the finest or
acceptable products pending before the committee. Instead, it includes
some of the worst, with a few rancid proposals that would give the
American people and our public lands system more than just a little
stomachache. This sets in place precedents that are going to bother us
for a long time. It is an affront to the taxpayers of this country in
the way that we manage the public lands, give away communication sites,
provide for new definitions of logging without laws. It is a return to
the thrilling days of the 104th Congress and the antienvironmental
message that came from it.
H.R. 4570 is indeed the leftovers from the anti-enviromental last
Congress. Under this legislation wilderness lands will be opened to
motorized use, logging of our national forests will be accelerated with
increased federal subsidies for the logging industry and important
federal lands and sites will be sold to private interests. Frustrated
by the public outcry and opposition to their proposals in the last
Congress, the majority party, in the waning days of this Congress, is
seeking to slip through their ill conceived pet projects in this bill
and the 50 riders that have been added to the appropriations measures.
These proposals should be rejected.
H.R. 4570 is death by a thousand cuts of many of our most important
federal land management laws. The legislation establishes exemptions
for wilderness that will be carried forward into future actions
creating precedent and changes that will be repeated over and over
again to the detrement of the environment. It undermines the basic
review process for the National Environmental Policy Act in order to
accelerate logging.
Perhaps most importantly, this bill calls into question the basic
issue of to whom do our national forests and public lands belong. The
American public and past Congresses have acted under the core belief
that these lands belong to the American people and that with these
lands there is a trust responsibility to pass them on to future
generations in at least as good a condition as we received them. This
legislation turns that belief on its head. Instead the bill turns our
national lands over to the highest bidder through timber sales, the
transfer of federal reclamation projects to private interests and the
sale of federal lands and historic sites.
Mr. Chairman, the American people spoke loud and clear in outrage to
the anti-environmental agenda in the 104th Congress. Their views remain
as strong today. I urge my colleagues to reject this anti-environmental
proposal.

Department of Agriculture,

Washington, DC, October 7, 1998.
Hon. George Miller,
Ranking Democratic Member, Committee on Resources, U.S. House
of Representatives, Washington, DC.
Dear George: Several provisions of H.R. 4570, the Omnibus
National Parks and Public Lands Act of 1998, would give away
or exchange National Forest System lands without adequate
compensation to the public. Moreover, the bill contains at
least two very controversial forest management provisions
that would inappropriately legislate a road easement over
environmentally sensitive Alaskan lands and accelerate timber
harvesting through an improper application of alternative
arrangements for the environmental review process under the
National Environmental Policy Act (NEPA). While the
Department of Agriculture (USDA) supports some provisions in
the bill, the number of objectionable provisions far outweigh
them; therefore, I would join the President's senior advisors
in recommending that the President veto this legislation if
it were submitted to him in its current form.
Regarding section 1009, East Texas blowdown-NEPA Parity, of
Title X, Miscellaneous Provisions, the Administration
believes that the procedures it follows for alternative NEPA
compliance processes to mitigate true natural resource
emergencies are more than adequate. USDA strongly opposes
expanding the use of these alternative NEPA processes to non-
emergency activities, such as the large majority of timber
salvage sales.
Section 1432, Easement for Chugach Alaska Corporation, of
Title XIV, Provisions Specific to Alaska, legislates an
easement for construction of a road across the Chugach
National Forest, Near Cordova, Alaska. I have previously
stated that I would recommend a veto of earlier versions of
this legislation because they give away much more public
land, without compensating taxpayers, than necessary to build
the road. In addition, they provide the native corporation
the opportunity to construct facilities, such as gas stations
and restaurants, in an extraordinarily environmentally
sensitive area managed solely for wildlife and fish. The
Forest Service and the native corporation agreed in 1982 on
the terms and conditions of this road easement, including not
allowing commercialization along this easement. Therefore,
any legislation concerning this easement is neither
appropriate nor necessary.
The Administration also strongly objects to section 105,
Wasatch-Cache National Forest and Mount Naomi Wilderness,
Utah, of Title I, Boundary Adjustment and Related
Conveyances; and sections 231, Authorization of use of
National Forest lands for public school purposes, and 251,
Conveyance, Camp Owen and related parcels, Kern County
California, of Title II, Other Land Conveyances and
Management, which would convey Federal and out of the
public's ownership either for less than market value or in
exchange for lands that are undesirable for the public to
own.
Your consideration of these matters is greatly appreciated.
I am sending an identical letter to Chairman Don Young.
Sincerely,
Dan Glickman,
Secretary.

The Secretary of the Interior,

Washington, DC, September 29, 1998.
Hon. Don Young,
Chairman, Committees on Resources, House of Representatives,
Washington, DC.
Dear Mr. Chairman: On behalf of the Administration, I am
writing to you regarding H.R. 4570, the ``Omnibus National
Parks and Public Lands Act of 1998.'' H.R. 4570 is a
compilation of many separate bills that are of interest to
your Committee.
This bill contains many provisions that have previously
been strongly opposed by the Administration. These provisions
would cause serious damage to our natural resources by, among
other things, removing land from wilderness and other
protective status to facilitate road building, motorized
access, and airport construction.
Indeed, the Chair of the Council on Environmental Quality
and I have previously informed the Committee that we would
recommend to the President that he veto several of the
provisions of this bill, such as those involving San Rafael
Swell (Utah), congressional review of National Monument
designations, and National Environmental Policy Act (NEPA)
parity--East Texas Blowdown.
Over the course of the 105th Congress, the Administration
has expressed its support for many provisions now included in
H.R. 4570, and we would fully support their enactment were
they presented to the President as freestanding bills.
However, we cannot endorse them when combined with other
provisions we strongly oppose. For example, the bill includes
provisions of H.R. 3830, a bill to ratify an exchange
agreement between the Department of the Interior and the
State of Utah. As you know, the Administration strongly
supports enactment of H.R. 3830. However, I made it clear in
my testimony of May 19, 1998, that the Administration's
support still would not apply if the bill were combined with
other objectionable legislation.
Since this is now the case, I must inform you that the
Administration is strongly opposed to the enactment of H.R.
4570 and, if the bill is presented to the President in its
current form, we will recommend that he veto this
legislation.
Sincerely,
Bruce Babbitt.

Office of Management and Budget,

Washington, DC, October 5, 1998.
Re H.R. 4570--Omnibus National Parks and Public Lands Act of
1998.
For the reasons outlined below, the President's senior
advisors will recommend that the President veto H.R. 4570 if
the bill, either as introduced or in the form of the proposed
substitute amendment, is presented to him.
H.R. 4570, an omnibus bill that would affect Federal lands
and reclamation projects, includes many provisions that the
Administration strongly opposes because they would cause
grave harm to the Nation's natural resources. These include
provisions that would: Designate insufficient wilderness
areas within the San Rafael Swell in Utah; sanction uses
within the proposed wilderness area that would undermine
wilderness values and management practices; establish
confusing and inappropriate layers of management;

[[Page H9757]]

and limit the Bureau of Land Management's ability to manage
livestock.
Undermine the President's authority under the Antiquities
Act to act quickly to protect significant natural,
historical, and scientific resources on Federal lands; and
prohibit, under the Antiquities Act, permanent designations
of national monuments in excess of 50,000 acres without
further congressional action.
Seek to accelerate timber harvesting on Federal lands
through inappropriate application of alternative arrangements
for the environmental review process under the National
Environmental Policy Act (NEPA), while at the same time
requiring the issuance of unnecessary, bureaucratic
regulations which can hamper flexibility in addressing
emergency situations.
Deny the public future access to lake-front lands around
Canyon Ferry Reservoir, Montana, by conveying these
properties to non-federal entities.
Permit the sale and lease of valuable structures and lands
at Channel Island National Park, California, to private
individuals.
Exclude certain lands and roadways from the Cumberland
Island Wilderness, Georgia, thus undermining the ongoing
collaborative effort between the Federal Government, non-
federal public entities, and private individuals to prepare a
wilderness management plan for both the Cumberland Island
National Seashore and the Cumberland Island Wilderness.
Convey facilities and lands of eight Federal water
resources projects throughout the West (e.g. the Sly Park
Unit of the Central Valley Project, California) under terms
and conditions that: (1) were not developed in an open and
public manner; (2) lack sufficient environmental protections;
and (3) fail to consider the financial interests of the
American taxpayer.
Allow an airport to be constructed near Mojave Preserve,
Nevada, without any consideration of the possible harmful
environmental impact and effect.
Grant an irrevocable and perpetual easement over
environmentally sensitive lands in the Chugach National
Forest, Alaska, to the Chugach Alaska Corporation, thereby
overriding the provisions of the 1982 Settlement Agreement
with the Corporation's predecessor organization.
Notwithstanding the Administration's strong opposition to
these and other provisions of the bill, as listed in the
Attachment, the Administration has expressed support for some
provisions that are now included in H.R. 4570. The
Administration would fully support enactment of those
particular bills, especially the legislation that would
ratify an exchange agreement between the Department of the
Interior and the State of Utah, if they are presented
individually to the President.

pay-as-you-go scoring

H.R. 4570 would affect direct spending; therefore, it is
subject to the pay-as-you-go (PAYGO) requirement of the
Omnibus Budget Reconciliation Act of 1990. OMB's PAYGO
estimate for this bill is under development.

attachment

The following provisions of H.R. 4570, in combination with
the aforementioned provisions, would also cause grave harm to
the Nation's resources and, thus, are objectionable to the
Administration:
Wasatch-Cache National Forest and Mount Naomi Wilderness,
Utah; Conveyance to Clark County Department of Aviation,
Nevada; Authorization of Use of National Forest Lands for
Public School Purposes; Conveyance of Camp Owen and Related
parcels, Kern County, California; Protection of Oregon and
California Railroad Grant Lands; Addition of the Paoli
Battlefield to the Valley Forge National Historical Park,
Pennsylvania; Casa Malpais National Historic Landmark,
Arizona; Amendment of Land and Water Conservation Fund Act of
1965 regarding Treatment of Receipts at Certain Parks;
Amendments to the National Historic Preservation Act (the
Administration, however, supports the Senate-passed bill that
would reauthorize the National Historic Preservation Fund);
and Hazardous Fuels Reduction.
Guadalupe-Hidalgo Treaty Land Claims; Acquisition and
Management of Wilcox Ranch, Utah, for Wildlife Habitat;
Operation and Maintenance of Existing Dams and Weirs,
Emigrant Wilderness, Stanislaus National Forest, California;
Exemption for Not-for-Profit Entities from Strict Liability
for Recovery of Fire Suppression Costs; Communication Site at
San Bernardino National Forest, California; Amendment of the
Outer Continental Shelf Lands Act; Carlsbad Irrigation
Project, New Mexico; Palmetto Bend Project, Texas; Minidoka
Water Reclamation Resources Project, Idaho; Wellton-Mohawk
Division, Gila Project, Arizona; Colusa Basin Watershed
Integrated Resources Management, California; and Moratorium
on Federal Management, Alaska.

Mr. HANSEN. Mr. Chairman, I yield 2 minutes to distinguished
gentleman from Tennessee (Mr. Duncan), the chairman of the Subcommittee
on Aviation of the Committee on Transportation and Infrastructure.
Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in strong support of this very bipartisan bill
which improves parks and public lands in 36 States, and includes
requests from over 70 Members.
I first would like to thank my good friend, the gentleman from Utah
(Chairman Hansen) for his hard work and leadership in crafting this
legislation. There is no man in this Congress who is more fair or
kinder than the gentleman from Utah (Mr. Jim Hansen), or more well
respected on both sides of the aisle.
I would like to briefly discuss two provisions of this bill which
would emphasize why I believe my colleagues should support H.R. 4570.
First, this bill includes a provision of legislation I introduced which
would allow national parks which cannot collect entrance fees to keep
all other fees on site for park improvements.
For instance, the Great Smoky Mountains National Park, which is the
most visited national park in the country, keeps roughly $800,000 of
all the other fees collected in the park. In comparison, the Grand
Canyon National Park, under the Fee Demonstration Program, has been
allowed to keep over $10 million a year.
Under this bill, the Great Smokies will be allowed to keep all of the
fees collected since it cannot, due to deed restrictions, collect an
entrance fee. This would mean roughly $250,000 each year for this most
visited national park. This provision is supported by organizations
like the Friends of the Smokies and the Sierra Club. This provision has
just passed the Senate outline.
The second provision of this bill I want to alert my colleagues to is
one which will lead to the designation of the Midway Atoll as a
national memorial. H.R. 4570 includes language of a bill I introduced
which will require a study of the Midway Atoll in order to designate it
as a national memorial. As we know, the Battle of Midway was a pivotal
battle in the Pacific during World War II. I believe we should take
this important step towards honoring our veterans who fought for our
freedom in this battle.
The Midway Study Act is supported by the American Legion, the
Veterans of Foreign Wars, the Association of Naval Aviation, the Battle
of the Coral Sea Association, the Midway Memorial Foundation. This is
good legislation, and this legislation contains very many bipartisan
measures which every Member of this body should support.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Montana (Mr. Hill).
(Mr. HILL asked and was given permission to revise and extend his
remarks.)
Mr. HILL. Mr. Chairman, I thank the chairman of the Subcommittee on
National Parks and Public Lands for yielding time to me, and also for
including a provision that is very important to my home State of
Montana. It is a provision that allows for the sale of about 300 acres
of land that adjoins Canyon Ferry Reservoir, and to set aside the
proceeds of that sale into a trust fund that can be used for
conservation purposes, land acquisition and conservation needs in the
area of Canyon Ferry Lake.
This measure is supported by our Governor, both Senators, both
political parties, almost all local conservation groups and sportsmen
groups. It has been the subject of hearings, and it has been reported
out by the Subcommittee on National Parks and Public Lands.
Mr. Chairman, this is extremely important to this local area because
it would put aside a matter that has been an ongoing dispute between
these cabin site lessees and the Federal Government. But even more
important is that these proceeds would be put aside for conservation
purposes.
This is an important watershed that is an important trout habitat and
spawning area. These proceeds could be invested in improving those
fisheries. It will improve access to Canyon Ferry Lake. It will be used
to improve the campground facilities around the lake, and it will also
reduce the the Federal government's debt.
Mr. Chairman, I urge all of my colleagues to support this public
lands and parks measure. I thank the chairman for including this
provision in the bill.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the distinguished
gentlewoman from New Jersey (Mrs. Roukema).
(Mrs. ROUKEMA asked and was given permission to revise and extend her
remarks.)

[[Page H9758]]

Mrs. ROUKEMA. Mr. Chairman, I will abbreviate my remarks to say how
important this portion of this obmnibus legislation is to northern New
Jersey, and specifically the Fifth Congressional District.
The Delaware Watergap National Recreation Area, the crown jewel of
our national parks, one of the crown jewels, is located in that
district. We have to here, in this bill, reauthorize the Citizens
Advisory Commission, which was created 10 years ago with the support of
myself and our colleague, the gentleman from Pennsylvania (Mr. Joe
McDade).
That advisory commission runs out October 31. It must be
reauthorized. It is essential so that the people of northern New Jersey
and the constituents in my district can have a say in how that park
system is being run. Time is running out, it is late. My constituents
need this commission, and the obmnibus bill represents our last best
hope to do that.
I want to thank the committee for having the farsightedness to deal
with this issue.
Mr. Chairman, I rise in support of H.R. 4570, the Omnibus National
Parks and Public Lands Act of 1998. This massive package contains
legislation that is critically important to northern New Jersey and the
western portion of New Jersey's Fifth Congressional District--that
portion of the District that includes the Delaware Water Gap National
Recreation Area.
The Delaware Water Gap National Recreation Area is one of the crown
jewels of the National Parks Service system. The largest national park
east of the Mississippi--the Water Gap is a recreation and tourism
centerpiece for the nation. Its economic benefits to the surrounding
communities in Sussex and Warren Counties in New Jersey are quite
significant.
The Citizens Advisory Commission was created through legislation that
I sponsored, along with our Colleague Joe McDade, in 1988. This
Commission has operated with virtually no cost to the taxpayers. Yet,
this Commission has made an invaluable contribution to the region.
Without the Delaware Water Gap Citizens Advisory Commission, the
general public would have virtually no involvement in the development
process of the park. The communities in this part of the state would
have no direct mechanism through which to affect Park Service policy.
Without this legislation, the Commission will cease to exist on October
31 and our communities in northern New Jersey will have lost a valuable
tool. This is the 11th hour and time is of the essence.
Mr. Chairman, H.R. 1894 is a non-controversial bill that would
reauthorize the Delaware Water Gap National Recreation Citizens
Advisory Committee and deserves to be passed. I had hoped that this
legislation would be brought up on the Suspension Calendar earlier in
the year. For whatever reason, that has not happened.
The time is now late. This session is rushing to a conclusion. We are
faced with two unattractive prospects--either watch this valuable
commission fade out of existence, or vote for a massive package
containing environmentally sensitive provisions I do not support. I
would sincerely hope that as we move through this legislative process
that further progress could be made on these controversial issues.
But the major portion of the bill is constructive and very valuable
to our park systems.
My constituents need this Commission. This omnibus bill represents
our last best hope to do that.
Mr. BOEHLERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Coburn).
(Mr. COBURN asked and was given permission to revise and extend his
remarks.)
Mr. COBURN. Mr. Chairman, there is not anybody in this House that I
respect more than the gentleman from Utah (Chairman Hansen). There are
a ton of good things in this bill, especially for Western States. I
support those things. But this bill steps on property rights as much as
anything in the 4 years that I have been here.
We cannot continue in Washington to decide that we are going to take
private property rights away from people, that we are just going to
unilaterally do it. Let me give a couple of examples in this bill. We
are going to create an American Discovery Trail across the Nation,
probably a pretty good idea, and right now it says it is going to be
voluntary, or government land.
What is going to happen next year, when the voluntary land and the
government land is there, and one of my farmers is right in the middle,
or one of the farmers in Kansas is right in the middle? What is going
to happen? We are going to take their land away from them. It is going
to go away, for us to complete the trail. Two-thirds of that land is
going to come from private property owners.

{time} 1430

There is also in this bill an area called the Sudbury, Assabet, and
Concord Wild and Scenic Rivers provision. The agreement to have that
done was an agreement that there would be no takings associated. There
was a piece in the original bill that would protect private properties.
That has been excluded from this bill. The Antiquities Act. I know, it
is out. The Antiquities Act is out. It is one of the things that in
fact precludes the President from taking 1.7 million acres in Utah. And
because he objects, we are going to take it out.
The gentleman from Utah (Mr. Hansen) and the gentleman from Alaska
(Mr. Young) both have my respect. I am probably wrong on the issue that
overall this bill may be better for us than it is bad for us, but I
cannot see that we have such great wisdom that we once again are going
to take private property away from those American citizens who worked
hard to earn it without their permission.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Arizona (Mr. Hayworth).
(Mr. HAYWORTH asked and was given permission to revise and extend his
remarks.)
Mr. HAYWORTH. Mr. Chairman, I rise in strong support of the
legislation, for I too take a back seat to no one in adherence to
property rights. And at the same time, I believe everyone in this House
should look carefully at this legislation and ultimately support it,
not exclusively for recreation, although recreational reasons are at
stake here; not exclusively for preservation, although the Casa Malpais
area in the Round Valley of Arizona with great archaeological value
would be preserved; but the most important reason I believe we should
support this legislation is for a reason that might not occur to many
in this House. That is education.
We heard the gentleman from Utah, despite his many reservations, rise
in support of the schoolchildren of that State. I would rise in
strongest support of this legislation for the new Education Land-Grant
Act that is included in this bill. Understand, in a bipartisan way we
worked together to set up a new provision in U.S. Code to designate
certain nonenvironmentally sensitive parcels of federally controlled
land to be conveyed to rural school districts for the construction of
new academic and athletic facilities.
Mr. Chairman, we have heard a lot in the politically correct double-
speak of Washington, D.C. and all the talk about benefitting our
children and education. And I will tell my colleagues this, Mr.
Chairman, nothing will do more for the rural schoolchildren north,
east, west and south, than this particular provision within this
omnibus bill. It will revolutionize educational opportunities much as
we saw done in a smaller piece of legislation in the Alpine District in
the 6th District of Arizona. In these districts that find themselves
cash poor but land rich, this is a chance to help them. Let us really
help children and education.
Mr. MILLER of California. Mr. Chairman, I ask unanimous consent that
I may be able to yield 3 minutes to the gentleman from New York (Mr.
Boehlert) and that he be allowed to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. BOEHLERT. Mr. Chairman, I reserve the balance of my time.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I rise in support of this bill and in
particular would like to thank the gentleman from Alaska (Chairman
Young), the gentleman from Utah (Chairman Hansen), and the rest of the
committee for their leadership for including our National Historic
Preservation Act for lighthouses. Senator Murkowski and I began working
on this bill last year. He held hearings on the bill last year in the
Senate. We worked closely with the nonprofit lighthouse preservation
groups and the Coast Guard and the National Park Service and the GSA.

[[Page H9759]]

Let me make it clear, I have no lighthouses in my district. So do not
try to and come to northeast Indiana to see lighthouses. This bill is
for lighthouse lovers across America.
Many of these historic lighthouses have been developed by nonprofit
groups and then go up for bidding. There are about 400 that are going
to be excess property and we need a procedure so that individual
Members of Congress do not have to come down here to try to preserve
these things, and so that the nonprofit groups do not have to bid
against the very things that they helped set the equity for.
I commend the chairman for moving this. I believe this sets an
orderly procedure. And I know that many Members of this body have
lighthouses in their district and groups that this would be very
important to.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Kentucky (Mr. Lewis).
(Mr. LEWIS of Kentucky asked and was given permission to revise and
extend his remarks.)
Mr. LEWIS of Kentucky. Mr. Chairman, I rise today in support of H.R.
4570, the Omnibus National Parks and Public Lands Act of 1999. H.R.
4570 is comprehensive, common sense legislation which incorporates a
number of resource bills that will ultimately benefit 36 States
throughout this great Nation of ours.
Once again, some environmental extremists are determined to torpedo
any legislation that proposes to alter the status quo, despite the fact
that many compromises have been reached to address their concerns.
Since the tactics of fear can be a powerful weapon, I believe a careful
review of the legislation will assure my colleagues that H.R. 4570 is
no threat to our environmental interest.
It does, however, mark a major step in resolving some important
public lands issues and also presents the 105th Congress a great
opportunity to help fulfill the dreams and plans of so many Americans
who cherish our national parks and our national historic and natural
resources.
Many States and communities across this country worked very hard to
establish these historic heritage areas, such as Automobile National
Heritage Area in Michigan and Indiana, and the Midway Atoll as the
national memorial to the Battle of Midway. Still other measures will
further protect our great national resources by providing for expansion
and improvements to our National Parks.
I am particularly grateful to the gentleman from Utah (Chairman
Hansen) and the members of his subcommittee for supporting legislation
which would add a very important property to the Abraham Lincoln
Birthplace National Historic Site, Knob Creek Farm of Hodgenville,
Kentucky, the boyhood home of Abraham Lincoln.
The preservation of Knob Creek Lincoln Farm, as important as it is,
represents only a single part of H.R. 4570. The Omnibus National Parks
and Public Lands Act of 1999 allows us to move forward with what I
believe are balanced proposals to protect and more effectively manage
our National Parks, national forests, scenic rivers, and other public
lands. Also, it offers improved access for Americans to enjoy the vast
beauty of our national resources and proud history throughout our
country.
Mr. Chairman, I urge my colleagues to support this reasonable and
comprehensive legislation.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the gentleman from
Georgia (Mr. Kingston).
Mr. KINGSTON. Mr. Chairman, I rise in support of H.R. 4570. It
represents a wide, bipartisan group of projects of local interest. And
it is amazing to me how most of these are very specific to certain
areas that the local folks have all supported, and yet when it comes to
Washington, experts up here are saying that the locals really do not
know what they are doing. We better kill this legislation.
I think that this is a good bill. The part that I have the most
interest is Cumberland Island in Georgia. The reason I support that is
that we have historic properties on a historic island that was deemed a
wilderness area. One of them is a 100-year-old mansion and the other
part is a settlement that was founded by freed slaves. Mr. Chairman, we
cannot name the number of villages founded by free slaves in the United
States of America. There are not any. Yet here is one and it is right
in the middle of a wilderness area and the Park Service, under their
present plan, will let it fall to pieces because that is what a
wilderness mandates. What our provision does is that it frees those
properties, the 100-year-old mansion and the freed slaves area, also
incidently called The Settlement, and allows them to be saved and
protected for future generations because of their very historical
significance.
Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Utah (Mr. Cannon).
Mr. CANNON. Mr. Chairman, I would like to thank also the gentleman
from Utah (Mr. Hansen) who is also the chairman of the subcommittee,
for this opportunity to speak and for what I think is a very good bill.
I would like to associate myself with the comments made by the
gentleman from Georgia (Mr. Kingston) about the rationale, the
difficulty of the rationale of Federal people substituting their
judgment for that of locals.
I think this is a wonderful bill with a lot of local interest that
works very well for local people. In my district, we have several bills
that are affected. I do not think anybody in America is unaware of
Arches National Park. It is the beautiful sandstone, freestanding
arches and other beautiful sandstone formations in southern Utah.
We have in this bill a bill that would expand Arches to include the
full geographic area and that would result in a much more beautiful and
satisfying experience in the park. So I urge support for this bill on
the basis of that.
Also in this bill there is an attempt to make adjustments for some of
the technical problems with the Grand Staircase and Escalante National
Monument. Members will recall it was well-documented that it was done
without consultation with local folks, Congressmen, Senators or county
commissioners, and a number of mistakes were made. I think everybody
agrees on the changes that need to be made to that and we need to get
that passed in this bill.
We also have language that would privatize the small Federal town of
Dutch John. This is one of those few remaining Federal towns where
bureaucratic restrictions cost a million dollars a year in government
expenditures that could be borne privately at a much lower cost. We
need to pass this law to privatize Dutch John and relieve the Treasury
of that kind of an expense.
Thirdly, let me point out that we have, as the gentleman from Utah
(Mr. Cook) has pointed out, a huge trade of school trust lands that has
been negotiated and considered. It is a very important trade and it
will do wonderful things for the children of Utah and their schools.
Lastly, let me just deal with briefly the San Rafael Swell. This is
the area where Butch Cassidy and the Sundance Kid roamed and was made
famous by that movie. It is a harsh and beautiful area that needs to be
managed according to what the locals understand and that is appropriate
in this bill.
Mr. HANSEN. Mr. Chairman, I would inquire how much time I have
remaining.
The CHAIRMAN. The gentleman from Utah (Mr. Hansen) has 4\1/2\ minutes
remaining.
Mr. HANSEN. Mr. Chairman, may I inquire who has the right to close?
The CHAIRMAN. The gentleman from Utah has the right to close.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the gentleman from
Alabama (Mr. Riley).
Mr. RILEY. Mr. Chairman, I rise today in strong support of H.R. 4570.
Once enacted, H.R. 4570 will go a long way to expand, to protect, and
to improve our national park system. This bipartisan effort is a
compilation of over 80 bills designed to enhance and protect the
environment and our public lands.
Moreover, the omnibus park bill will create a new Heritage Area and
historic sites that will help our Nation to celebrate the true American
experience. Of particular interest to me is the creation of the
Tuskegee Airmen Historic Site in Moton Field, Alabama.
Mr. Chairman, by any standard, the famed Tuskegee Airmen of World War
II were and are true American heroes. The Tuskegee Airmen, in my view,
should be remembered, honored, and

[[Page H9760]]

thanked for their courageous, selfless efforts to preserve and protect
the freedoms that we enjoy today. I believe that the Tuskegee Airmen
National Historic Site will be a fitting and a worthy tribute to these
American heroes.
Mr. Chairman, I want to thank the gentleman from Utah (Chairman
Hansen) and the gentleman from Alaska (Chairman Young) for including
this historic site in the bill. I believe that the Tuskegee Airmen
deserve no less from any of us today, and I urge my colleagues to vote
in favor of this bill.
Mr. HANSEN. Mr. Chairman, I yield 1 minute to the gentleman from
Nebraska (Mr. Bereuter).
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Chairman, I was involved in a hearing and I
happened to see some comments on the television monitor by the
distinguished gentleman from Oklahoma (Mr. Coburn) and I have to tell
my colleagues that despite his good intentions, they are inaccurate.
Because of a huge effort the trails organization made over several
years, and as a result of a thorough study, of the 6,000-plus miles in
the American Discovery Trail, only 58 miles of the trail cross private
property. Most of that is in the hands of a few big electrical
utilities.
There are less than 20 private property owners that are affected by
this 6,000-plus mile trail. And all of them, every single one of them,
have given consent or signed agreements permit access for the trail.
Furthermore, there is an absolute prohibition against imminent domain
or even the voluntary sale by owners of the private property for the
American Discovery Trail.

{time} 1445

Now, I am very unhappy that this legislation is a part of the overall
omnibus bill. I was guaranteed by the chairman the gentleman from
Alaska (Mr. Young) that the ADT legislation, my bill, would be brought
up separately. It has great support in the House, passed in the other
body, but I do not want the argument raised in this debate that the ADT
presents a private property issue. It absolutely does not. There is no
way that the ADT component of this legislation threatens private
property rights; therefore I ask Members to disregard those comments by
the gentleman from Okahoma (Mr. Coburn).
Mr. MILLER of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, many Members have come down to this floor and commented
on a number of good projects in this bill, and that is, in fact,
accurate. But many Members who have good projects in this bill will be
opposing this legislation because they understand that they are being
used; that they are being held hostage to get some very bad pieces of
legislation enacted into law.
In fact, many of the organizations that are supporting many
provisions that are in this bill oppose this bill because they
understand that the harm that will be done by this bill is greater than
the good that will be done by those provisions, many of which have
bipartisan support. They also understand that this legislation, that a
good portion of these bills, in fact, have received no hearings.
Some 33 provisions of this legislation have received no hearings, 62
provisions have never been reported from committee, and yet we are told
at the end that we have to take these provisions so that we can have a
few good pieces, in many cases noncontroversial pieces of legislation,
pass. That is not the way this place should work and that is not the
way it will work. Why? Because there is another way to do this.
We started negotiations about this legislation, and the gentleman
from New York (Mr. Boehlert) and the gentleman from Pennsylvania (Mr.
Greenwood) and others started negotiation separate from ours about
this. We told them there were things we thought should be put in this
bill. They took those things but they refused to take any of the bad
pieces out. They kept trying to add more things to it that were better
in this bill so they could continue to pull the bad pieces of
legislation with it.
It has turned out that that simply will not work. The people
understand that and the environmental organizations understand that.
That is why they are opposing it. The administration understands that.
That is why the administration is opposing it. That is why it has been
recommended that the President veto this legislation.
Members have said, well, 2 years ago we did the same thing. No, 2
years ago we did not do the same thing. Two years ago we had this kind
of bill and we could not even get it to the floor of the Congress.
Then, later, we negotiated it out in real negotiations, between Members
of each side and the administration, and we worked basically on a bill
that passed overwhelmingly and was noncontroversial with huge
bipartisan support. That is the way this legislation should work.
We should not be coming here at the last minute and lumping in water
projects, lumping in bad environmental projects, lumping in projects
that have had no hearings, that have not gone through the committee
process, that we do not know the cost of them, that waive environmental
laws, that waive all kinds of planning and process that are necessary
to protect the environment.
In fact, many of the local organizations that have supported these
projects in many instances did so because they believed that they would
continue to have a local voice in how those projects were designed and
what the benefits were and what the detriments were so they could have
a project they are proud of. Now we have legislation that, in fact,
waives many of those provisions for that kind of planning and
environmental review of these projects.
That is why this legislation should be rejected. That is why this
legislation should be rejected on a bipartisan basis, because it is not
about whether or not a few of the provisions in here that are
noncontroversial, that are bipartisan in their support, that have
support from the administration are good or not, it is the fact that
this legislation has numerous, numerous components of it that are
offensive to environmental policy, that are offensive to environmental
planning, and that are, in many cases, offensive to local communities
that oppose them.
Those bills ought to be brought to this floor and they ought to be
debated in the light of day. They may still pass on a majority vote,
but they ought not to be put in this bill to sink this bill down so
that it cannot happen. The best thing we can do for people who want
provisions passed is to kill this bill and then get on with the
negotiations to negotiate a bill that, in fact, upholds the standards
of environmental policy in this country, that will pass the
administration's review and will have bipartisan support and then can
pass the Senate.
If this bill goes over to the Senate in the number of days left,
given the controversy in the bill, we will end up with nothing. We will
end up with nothing. So the point is, if we really and truly want our
projects, what we should do is understand that we ought to negotiate
from a good bill, not trying to add things on to a very bad bill and
hoping that that will make it pass.
I ask for the Members to oppose this legislation, to join the
administration, to join the taxpayer organizations, and to join the
environmental organizations in opposition to this legislation.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
I rise to once again reinforce my opposition to this measure. And it
is too bad that it has worked out this way, because it could have been
worked out in such a way that this bill would have passed unanimously
in the House of Representatives. Ninety percent of the provisions in
this bill are good provisions and could pass on the suspension
calendar, which is reserved for noncontroversial items. But 10 percent
of the bill, 10 percent of the bill, is not good. It is bad public
policy. I would suggest to my colleagues that anyone who wants to do
good would not prescribe a solution, a potion, 90 percent penicillin
laced with 10 percent arsenic.
Let us recap what this bill would do. This bill would remove areas
from wilderness protection. It would set new weaker guidelines for
wilderness protection. It would waive normal environmental reviews for
a road across

[[Page H9761]]

world famous salmon streams. It would create new barriers to the
creation of discovery trails. It would create new incentives to cut
trees in national forests. And it would transfer Federal property in a
manner that endangers the environment and cheats taxpayers.
Now, this is not just my view. This is not just the view of many of
us in this chamber. This is the view of a whole wide range of
organizations. Let me point out, first of all, that the opposition is
led by the gentleman from California (Mr. Miller) and this Member from
New York, from coast to coast.
But this is region specific, too. For example, the opposition comes
from the Alaska Rainforest Campaign and from the Alaska Wilderness
League. The opposition comes from the Southern Utah Wilderness Alliance
and from the Federation of Western Outdoor Clubs. If that is not
enough, these region specific organizations, such national
organizations as Friends of the Earth, the Isaac Walton League, the
National Environment Trust, the National Trust for Historic
Preservation, Physicians for Social Responsibility, and the National
Audubon Society all strongly oppose this legislation, and with good
reason. It does harm to the environment.
Now, we want a bill that would be signable, a bill that actually has
an opportunity to become law. Let me point out that one of the previous
speakers, the gentleman from Tennessee (Mr. Duncan), rightly enumerated
a number of measures in this bill that he supports and, quite frankly,
we all support them. They are noncontroversial. They were passed by the
Senate, as he so properly suggested. They would be passed in this bill
if they were presented to us separate from all the controversial
provisions that have been added on.
This is an effort that is unfortunate, but the fact of the matter is
we have to stand up here and register our strongest opposition, not
just with all the environmental groups, not just with the Taxpayers for
Common Sense, but with those who are offended by the process, a process
that says a 450 or so page bill can be introduced and 3 weeks later,
without the benefit of full committee hearings, without the benefit
even of subcommittee hearings on some of the more controversial
provisions are presented to the people's House in the closing days of a
session for consideration.
That is a process, quite honestly, that offends many of us here,
whether we are for or against the individual bill. We want thorough
deliberation. We want open and public hearings. We want a chance for
the people's House to examine all of the various provisions.
So for all of the above reasons, I rise in strong opposition to this
measure and point out that the amendment to be offered by the chairman
will not correct those deficiencies.
Mr. HANSEN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, let me point out this has probably been one of the most
interesting debates I have heard in a long time. It is interesting to
note that some people are worried about property rights, and some
people are worried about heritage areas, and some people are worried
that maybe some in the environmental community did not get everything
they wanted in this particular piece of legislation.
I would like to ask my colleagues, can anybody name a bill around
here that everybody got what they wanted in it? This is not a 10, but
none of us here are a 10. We are lucky if we are a 4, if we look at
some of the political polls right now. When we get right down to it,
this bill is probably a high 8.
Some people have one little particular area and they say, gee, I do
not feel good about that so I am going to vote against the whole
package, throw out the whole thing and forget all the goods things in
there. That does not make any sense. I have never seen a piece of
legislation like that.
We keep hearing the idea of the President vetoing this. We all know
it will be vetoed. As I mentioned before, last time around he said the
same thing, and I stood in the oval office and he signed the bill. That
was 2 years ago.
Now, he did send up some things he was objecting to: The San Rafael
Swell. So we made the changes he wanted. So who is talking about San
Rafael Swell around here? The antiquities Act. He could not go along
with that, even though his administration acknowledged they violated
the law when they did the Grand Staircase Escalante. So we took it out.
It is not there. He also talked about NEPA parity, but we have worked
on that. So where is the obstruction?
The most interesting thing about this debate that I have heard is no
one has said, specifically in this one piece, we do not like that. We
talk about all these people that are against it. My good friend from
New York mentioned a few of them. Tell me what environmental community
can we please around this country, anyway? In Utah, if I gave SUWA 5.7
million acres, they would want 8.5. If I gave them 8.5, they would want
15. The same with these other organizations. We cannot please them all.
Who believes we can do that in this country? Can we all please our
wives, can we please our kids and our colleagues? Nobody can.
So look at this thing. On a scale of 1 to 10, we have a high 8. Put
that green card in there and vote a green button and we will be all
right and we will get something moved. We will get to the Senate and
get some good legislation. This idea we are all going to sit down and
have a good Sunday school lesson and we are all going to agree on
something is poppycock. Has that ever happened around here in 200
years? Of course not. It never happens.
The only thing I have ever seen we have agreed on is when we gave a
gold medal to Queen Beatrice. I think it got 100 percent. And we are
not giving any gold medals today. We are trying to move some good
legislation.
I think it is interesting that many of these organizations that have
the name Utah on them have their headquarters in New York. I thought
the gentleman from New York (Mr. Boehlert) would enjoy that.
So I urge my colleagues to do everything they can to vote for this
bill. Let us get it out, let us get something done for America and get
off this nonsense that it needs 100 percent. It will never happen.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill is considered as having been read for
amendment under the 5-minute rule.
The text of H.R. 4570 is as follows:

H.R. 4570

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Omnibus
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. Red Rock Canyon National Conservation Area, Nevada.
Sec. 107. Cape Cod National Seashore, Massachusetts.
Sec. 108. Hells Canyon Wilderness, Hells Canyon National Recreation
Area.

TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT

Subtitle A--Southern Nevada Public Land Management

Sec. 201. Findings and purpose.
Sec. 202. Definitions.
Sec. 203. Disposal and exchange.
Sec. 204. Acquisitions.
Sec. 205. Report.
Sec. 206. Recreation and Public Purposes Act.
Sec. 207. Support for affordable housing.
Sec. 208. Conveyance to Clark County Department of Aviation.

Subtitle B--Gallatin Land Consolidation

Sec. 211. Findings.
Sec. 212. Definitions.
Sec. 213. Gallatin land consolidation completion.
Sec. 214. Other facilitated exchanges.
Sec. 215. General provisions.
Sec. 216. Authorization of appropriations.

Subtitle C--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.

[[Page H9762]]

Sec. 226. Use of proceeds.
Sec. 227. Montana Fish and Wildlife Conservation Trust.
Sec. 228. Canyon Ferry-Broadwater County Trust.

Subtitle D--Conveyance of National Forest Lands for Public School
Purposes

Sec. 231. Authorization of use of National Forest lands for public
school purposes.

Subtitle E--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. Conveyance of administrative site, Rogue River National
Forest, Oregon and California.
Sec. 248. Hart Mountain jurisdictional transfers, Oregon.
Sec. 249. Sale, lease, or exchange of Idaho school land.
Sec. 250. Transfer of jurisdiction of certain property in San Joaquin
County, California, to Bureau of Land Management.
Sec. 251. Conveyance, Camp Owen and related parcels, Kern County,
California.
Sec. 252. Treatment of certain land acquired by exchange, Red Cliffs
Desert Reserve, Utah.

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--Miscellaneous Provisions

Sec. 321. Blackstone River Valley National Heritage Corridor,
Massachusetts and Rhode Island.
Sec. 322. 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. Sand Creek Massacre National Historic Site study.
Sec. 411. Chesapeake and Ohio Canal National Historical Park
enhancement and protection.

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. Miccosukee Reserved Area.
Sec. 604. Cumberland Island.
Sec. 605. Studies of potential National Park System units in Hawaii.
Sec. 606. Congressional review of national monument status and
consultation.
Sec. 607. Santa Cruz Island, additional rights of use and occupancy.
Sec. 608. Acquisition of Warren Property for Morristown National
Historical Park.
Sec. 609. Amendment of Land and Water Conservation Fund Act of 1965
regarding treatment of receipts at certain parks.
Sec. 610. Chattahoochee River National Recreation Area.

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.
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. 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 Existing Dams and Weirs,
Emigrant Wilderness, Stanislaus National Forest,
California.
Sec. 1008. Demonstration resource management project, Stanislaus
National Forest, California, to enhance and protect the
Granite watershed.
Sec. 1009. East Texas blowdown-NEPA parity.
Sec. 1010. Exemption for not-for-profit entities from strict liability
for recovery of fire suppression costs.
Sec. 1011. Study of Improved Outdoor Recreational Access for Persons
with Disabilities.
Sec. 1012. Communication site.
Sec. 1013. Amendment of the Outer Continental Shelf Lands Act.
Sec. 1014. Leasing of Certain Reserved Mineral Interests.

[[Page H9763]]

Sec. 1015. Oil and Gas Wells in Wayne National Forest, Ohio.
Sec. 1016. Memorial to Mr. Benjamin Banneker in the District of
Columbia.

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.

Subtitle B--Other Amendments to Omnibus Parks Act

Sec. 1151. Black Revolutionary War Patriots Memorial extension.

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.

TITLE XIV--PROVISIONS SPECIFIC TO ALASKA

Subtitle A--Land Exchange Near Gustavus and Related Provisions

Sec. 1401. Short title.
Sec. 1402. Land exchange and wilderness designation.
Sec. 1403. Role of FERC.
Sec. 1404. Role of Secretary of the Interior.
Sec. 1405. Applicable law.

Subtitle B--Amendments to Alaska Native Claims Settlement Act and
Related Provisions

Sec. 1411. Automatic land bank protection.
Sec. 1412. Development by third-party trespassers.
Sec. 1413. Retained mineral estate.
Sec. 1414. Amendment to Public Law 102-415.
Sec. 1415. Clarification on treatment of bonds from a Native
Corporation.
Sec. 1416. Mining claims.
Sec. 1417. Sale, disposition, or other use of common varieties of sand,
gravel, stone, pumice, peat, clay, or cinder resources.
Sec. 1418. Alaska native allotment applications.
Sec. 1419. Visitor services.
Sec. 1420. Local hire report.
Sec. 1421. Shareholder benefits.

Subtitle C--Miscellaneous Provisions

Sec. 1431. Moratorium on Federal management.
Sec. 1432. Easement for Chugach Alaska Corporation.
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.

[[Page H9764]]

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.
(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.

SEC. 106. RED ROCK CANYON NATIONAL CONSERVATION AREA, NEVADA.

Paragraph (2) of section 3(a) of the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc-1(a)) is amended to read as follows:
``(2) The conservation area shall consist of approximately
195,780 acres as generally depicted on the map entitled `Red
Rock Canyon National Conservation Area Administrative
Boundary Modification', dated August 8, 1996.''.

SEC. 107. CAPE COD NATIONAL SEASHORE, MASSACHUSETTS.

(a) Land Exchange and Boundary Adjustment.--Section 2 of
Public Law 87-126 (16 U.S.C. 459b-1) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) The Secretary may convey to the town of Provincetown,
Massachusetts, a parcel of real property consisting of
approximately 7.62 acres of Federal land within such area in
exchange for approximately 11.157 acres of land outside of
such area, as depicted on the map entitled `Cape Cod National
Seashore Boundary Revision Map', dated May 1997, and numbered
609/80,801, to allow for the establishment of a municipal
facility to serve the town that is restricted to solid waste
transfer and recycling facilities and for other municipal
activities that are compatible with National Park Service
laws and regulations. Upon completion of the exchange, the
Secretary shall modify the boundary of the Cape Cod National
Seashore to include the land that has been added.''.
(b) Reauthorization of Advisory Commission.--Section 8(a)
of Public Law 87-126 (16 U.S.C. 459b-7(a)) is amended by
striking the second sentence and inserting the following new
sentence: ``The Commission shall terminate September 26,
2008.''.

SEC. 108. HELLS CANYON WILDERNESS, HELLS CANYON NATIONAL
RECREATION AREA.

The Secretary of Agriculture shall revise the map and
detailed boundary description of the Hells Canyon Wilderness
designated by section 2 of Public Law 94-199 (16 U.S.C.
460gg-1) to exclude Forest Service Road 3965 from the
wilderness area so that the road may continue to be used by
motorized vehicles to its historical terminus at Squirrel
Prairie, as was the original intent of the Congress. The road
shall continue to be included in the Hells Canyon National
Recreation Area also established by such Act.
TITLE II--OTHER LAND CONVEYANCES AND MANAGEMENT
Subtitle A--Southern Nevada Public Land Management

SEC. 201. FINDINGS AND PURPOSE.

(a) Findings.--The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in small and large parcels interspersed with or
adjacent to private land in the Las Vegas Valley, Nevada,
making many of these parcels difficult to manage and more
appropriate for disposal.
(2) In order to promote responsible and orderly development
in the Las Vegas Valley, certain of those Federal lands
should be sold by the Federal Government based on
recommendations made by local government and the public.
(3) The Las Vegas metropolitan area is the fastest growing
urban area in the United States, which is causing significant
impacts upon the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area, and the Spring
Mountains

[[Page H9765]]

National Recreation Area, which surround the Las Vegas
Valley.
(b) Purpose.--The purpose of this subtitle is to provide
for the orderly disposal of certain Federal lands in Clark
County, Nevada, and to provide for the acquisition of
environmentally sensitive lands in the State of Nevada.

SEC. 202. DEFINITIONS.

As used in this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Unit of local government.--The term ``unit of local
government'' means Clark County, the City of Las Vegas, the
City of North Las Vegas, or the City of Henderson; all in the
State of Nevada.
(3) Agreement.--The term ``Agreement'' means the agreement
entitled ``The Interim Cooperative Management Agreement
Between The United States Department of the Interior--Bureau
of Land Management and Clark County'', dated November 4,
1992.
(4) Special account.--The term ``special account'' means
the account in the Treasury of the United States established
under section 203(e)(1)(C).
(5) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act entitled
``An Act to authorize acquisition or use of public lands by
States, counties, or municipalities for recreational
purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
(6) Regional governmental entity.--The term ``regional
governmental entity'' means the Southern Nevada Water
Authority, the Regional Flood Control District, and the Clark
County Sanitation District.
(7) Aviation department.--The term ``Aviation Department''
means the Department of Aviation of Clark County, Nevada.

SEC. 203. DISPOSAL AND EXCHANGE.

(a) Disposal.--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), the Secretary, in accordance with this section, the
Federal Land Policy and Management Act of 1976, and other
applicable law, and subject to valid existing rights, is
authorized to dispose of lands within the boundary of the
area under the jurisdiction of the Direction of the Bureau of
Land Management in Clark County, Nevada, as generally
depicted on the map entitled ``Las Vegas Valley, Nevada, Land
Disposal Map'', dated April 10, 1997. 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) Reservation for Local Public Purposes.--
(1) Recreation and public purpose act conveyances.--Not
less than 30 days before the offering of lands for sale or
exchange pursuant to subsection (a), the State of Nevada or
the unit of local government in whose jurisdiction the lands
are located may elect to obtain any such lands for local
public purposes pursuant to the provisions of the Recreation
and Public Purposes Act. Pursuant to any such election, the
Secretary shall retain the elected lands for conveyance to
the State of Nevada or such unit of the local government in
accordance with the provisions of the Recreation and Public
Purposes Act.
(2) Rights-of-way.--
(A) Issuance.--Upon application, by a unit of local
government or regional governmental entity, the Secretary, in
accordance with this section and the Federal Land Policy and
Management Act of 1976, and other applicable provisions of
law, shall issue right-of-way grants on Federal lands in
Clark County, Nevada, for all reservoirs, canals, channels,
ditches, pipes, pipelines, tunnels and other facilities and
systems needed for--
(i) the impoundment, storage, treatment, transportation or
distribution of water (other than water from the Virgin
River) or wastewater; or
(ii) flood control management.
(B) Duration.--Right-of-way grants issued under this
paragraph shall be valid in perpetuity.
(C) Waiver of fees.--Right-of-way grants issued under this
paragraph shall not require the payment of rental or cost
recovery fees.
(3) Youth activity facilities.--Within 30 days after a
request by Clark County, Nevada, the Secretary shall offer to
Clark County, Nevada, the land depicted on the map entitled
``Vicinity Map Parcel 177-28-101-020 dated August 14, 1996,
in accordance with the Recreation and Public Purposes Act for
the construction of youth activity facilities.
(c) Withdrawal.--Subject to valid existing rights, all
Federal lands identified in subsection (a) for disposal are
withdrawn from location and entry, under the mining laws and
from operation under the mineral leasing and geothermal
leasing laws until such time as the Secretary terminates the
withdrawal or the lands are patented.
(d) Selection.--
(1) Joint selection required.--The Secretary and the unit
of local government in whose jurisdiction lands referred to
in subsection (a) are located shall jointly select lands to
be offered for sale or exchange under this section. The
Secretary shall coordinate land disposal activities with the
unit of local government in whose jurisdiction such lands are
located. Land disposal activities of the Secretary shall be
consistent with local land use planning and zoning
requirements and recommendations.
(2) Offering.--After land has been selected in accordance
with this subsection, the Secretary shall make the first
offering of land as soon as practicable after the date of
enactment of this Act.
(e) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this section in a fiscal year--
(A) 5 percent shall be paid directly to the State of Nevada
for use in the general education program of the State;
(B) 10 percent shall be paid directly to the Southern
Nevada Water Authority for water treatment and transmission
facility infrastructure in Clark County, Nevada; and
(C) the remainder shall be deposited in a special account
in the Treasury of the United States for use pursuant to the
provisions of paragraph (3).

Amounts in the special account shall be available to the
Secretary without further appropriation and shall remain
available until expended.
(2) Land exchanges.--
(A) Payments.--In the case of a land exchange under this
section, the non-Federal party shall provide direct payments
to the State of Nevada and the Southern Nevada Water
Authority in accordance with subparagraphs (A) and (B) of
paragraph (1). The payments shall be based on the fair market
value of the Federal lands to be conveyed in the exchange and
shall be considered a cost incurred by the non-Federal party
that shall be compensated by the Secretary if so provided by
any agreement to initiate the exchange.
(B) Pending exchanges.--The provisions of this section,
except this subsection and subsections (a) and (b), shall not
apply to any land exchange for which an initial agreement to
initiate an exchange was signed by an authorized
representative of the exchange proponent and an authorized
officer of the Bureau of Land Management prior to February
29, 1996.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special account
may be expended by the Secretary for--
(i) the acquisition of environmentally sensitive land in
the State of Nevada in accordance with section 5, with
priority given to lands located within Clark County;
(ii) capital improvements at the Lake Mead National
Recreation Area, the Desert National Wildlife Refuge, the Red
Rock Canyon National Conservation Area and other areas
administered by the Bureau of Land Management in Clark
County, and the Spring Mountains National Recreation Area;
(iii) development of a multispecies habitat conservation
plan in Clark County, Nevada;
(iv) development of parks, trails, and natural areas in
Clark County, Nevada, pursuant to a cooperative agreement
with a unit of local government; and
(v) reimbursement of costs incurred by the local offices of
the Bureau of Land Management in arranging sales or exchanges
under this subtitle.
(B) Procedures.--The Secretary shall coordinate the use of
the special account with the Secretary of Agriculture, the
State of Nevada, local governments, and other interested
persons, to ensure accountability and demonstrated results.
(C) Limitation.--Not more than 25 percent of the amounts
available to the Secretary from the special account in any
fiscal year (determined without taking into account amounts
deposited under subsection (g)(4)) may be used in any fiscal
year for the purposes described in subparagraph (A)(ii).
(f) Investment of Special Account.--All funds deposited as
principal in the special account shall earn interest in the
amount determined by the Secretary of the Treasury on the
basis of the current average market yield on outstanding
marketable obligations of the United States of comparable
maturities. Such interest shall be added to the principal of
the account and expended according to the provisions of
subsection (e)(3).
(g) Airport Environs Overlay District Land Transfer.--Upon
request of Clark County, Nevada, the Secretary shall transfer
to Clark County, Nevada, without consideration, all right,
title, and interest of the United States in and to the lands
identified in the Agreement, subject to the following:
(1) Valid existing rights.
(2) Clark County agrees to manage such lands in accordance
with the Agreement and with section 47504 of title 49, United
States Code (relating to airport noise compatibility
planning), and regulations promulgated pursuant to that
section.
(3) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed or leased by Clark County, such
sale, lease, or other conveyance shall contain a limitation
which requires uses compatible with the Agreement and such
airport noise compatibility planning provisions.
(4) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed by Clark County, such lands
shall be sold, leased, or otherwise conveyed for fair market
value. Clark County shall contribute 85 percent of the gross
proceeds from the sale, lease, or other conveyance of such
lands directly to the special account. If any of such lands
sold, leased, or otherwise conveyed by Clark County are
identified on the map referenced in section 2(a) of the Act
entitled ``An Act to provide for the orderly disposal of
certain Federal lands in Nevada and for the acquisition of
certain other lands in the Lake Tahoe Basin, and for other
purposes'',

[[Page H9766]]

approved December 23, 1980 (94 Stat. 3381; commonly known as
the ``Santini-Burton Act''), the proceeds contributed to the
special account by Clark County from the sale, lease, or
other conveyance of such lands shall be used by the Secretary
of Agriculture to acquire environmentally sensitive land in
the Lake Tahoe Basin pursuant to section 3 of the Santini-
Burton Act. Clark County shall contribute 5 percent of the
gross proceeds from the sale, lease, or other conveyance of
such lands directly to the State of Nevada for use in the
general education program of the State, and the remainder
shall be available for use by the Aviation Department for the
benefit of airport development and the noise compatibility
program.

SEC. 204. ACQUISITIONS.

(a) Acquisitions.--
(1) Definition.--For purposes of this section, the term
``environmentally sensitive land'' means land or an interest
in land, the acquisition of which the United States would, in
the judgment of the Secretary or the Secretary of
Agriculture--
(A) promote the preservation of natural, scientific,
aesthetic, historical, cultural, watershed, wildlife, and
other values contributing to public enjoyment and biological
diversity;
(B) enhance recreational opportunities and public access;
(C) provide the opportunity to achieve better management of
public land through consolidation of Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary may
acquire with the proceeds of the special account
environmentally sensitive land and interests in
environmentally sensitive land. Lands may not be acquired
under this section without the consent of the owner thereof.
Funds made available from the special account may be used
with any other funds made available under any other provision
of law.
(3) Consultation.--Before initiating efforts to acquire
land under this section, the Secretary or the Secretary of
Agriculture shall consult with the State of Nevada and with
local government within whose jurisdiction the lands are
located, including appropriate planning and regulatory
agencies, and with other interested persons, concerning the
necessity of making the acquisition, the potential impacts on
State and local government, and other appropriate aspects of
the acquisition. Consultation under this paragraph is in
addition to any other consultation required by law.
(b) Administration.--On acceptance of title by the United
States, land and interests in land acquired under this
section that is within the boundaries of a unit of the
National Forest System, National Park System, National
Wildlife Refuge System, National Wild and Scenic Rivers
System, National Trails System, National Wilderness
Preservation System, any other system established by Act of
Congress, or any national conservation or national recreation
area established by Act of Congress--
(1) shall become part of the unit or area without further
action by the Secretary or Secretary of Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or
area.
(c) Determination of fair market value.--The fair market
value of land or an interest in land to be acquired by the
Secretary or the Secretary of Agriculture under this section
shall be determined pursuant to section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716) and
shall be consistent with other applicable requirements and
standards. Fair market value shall be determined without
regard to the presence of a species listed as threatened or
endangered under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(d) Payments in lieu of taxes.--Section 6901(1) of title
31, United States Code, is amended as follows:
(1) By striking ``or'' at the end of subparagraph (F).
(2) By striking the period at the end of subparagraph (G)
and inserting ``; or''.
(3) By adding at the end the following:
``(H) acquired by the Secretary of the Interior or the
Secretary of Agriculture under subtitle A of title II of the
Omnibus National Parks and Public Lands Act of 1998 that is
not otherwise described in subparagraphs (A) through (G).''.

SEC. 205. REPORT.

The Secretary, in cooperation with the Secretary of
Agriculture, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives an annual report on
all transactions under this subtitle.

SEC. 206. RECREATION AND PUBLIC PURPOSES ACT.

(a) Transfer of Reversionary Interest.--Upon request by a
grantee of lands within Clark County, Nevada, that are
subject to a lease or patent issued under the Recreation and
Public Purposes Act, the Secretary may transfer the
reversionary interest in such lands to other non-Federal
lands. The transfer of the reversionary interest shall only
be made to lands of equal value, except that with respect to
the State of Nevada or a unit of local government, an amount
equal to the excess (if any) of the fair market value of
lands received by the unit of local government over the fair
market value of lands transferred by the unit of local
government shall be paid to the Secretary and shall be
treated under section 203(e)(1) of this section as proceeds
from the sale of land. For purposes of this subsection, the
fair market value of lands to be transferred by the State of
Nevada or a unit of local government may be based upon a
statement of value prepared by a qualified appraiser.
(b) Terms and Conditions Applicable to Lands Acquired.--
Land selected under subsection (a) by a grantee described in
such subsection shall be subject to the terms and conditions,
uses, and acreage limitations of the lease or patent to which
the lands transferred by the grantee were subject, including
the reverter provisions, under the Recreation and Public
Purposes Act.

SEC. 207. SUPPORT FOR AFFORDABLE HOUSING.

The Secretary, in consultation with the Secretary of
Housing and Urban Development, may make available, in
accordance with section 203 of the Federal Land Planning and
Management Act of 1976 (43 U.S.C. 1712), land in the State of
Nevada at less than fair market value and under other such
terms and conditions as the Secretary may determine for
affordable housing purposes. Such lands shall be made
available only to State or local governmental entities,
including local public housing authorities. For the purposes
of this subsection, housing shall be considered to be
affordable housing if the housing serves low-income families
(as defined in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704)).

SEC. 208. 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 shall convey to the Department of
Aviation of Clark County, Nevada, all right, title, and
interest of the United States in and to the public lands
identified for disposition on the map entitled ``Ivanpah
Valley, Nevada-Airport Selections'', numbered ____ , and
dated ____ , 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

[[Page H9767]]

the Mining Law of 1872), and the Mineral Leasing Act (30
U.S.C. 181 et seq.).
Subtitle B--Gallatin Land Consolidation

SEC. 211. FINDINGS.

Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats
that make the land a valuable addition to the National Forest
System;
(2) it is in the interest of the United States to establish
a logical and effective ownership pattern for the Gallatin
National Forest, reducing long-term costs for taxpayers and
increasing and improving public access to the forest;
(3) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement
for the acquisition of land owned by Big Sky Lumber Co. to
accomplish the purposes of this subtitle;
(4) other private property owners are willing to enter into
exchanges that further improve the ownership pattern of the
Gallatin National Forest; and
(5) BSL, acting in good faith, has shouldered many aspects
of the financial burden of the appraisal and subsequent
option and exchange process.

SEC. 212. DEFINITIONS.

In this subtitle:
(1) BLM land.--The term ``BLM land'' means approximately
2,000 acres of Bureau of Land Management land (including all
appurtenances to the land) that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agreement.
(2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(3) BSL land.--The term ``BSL land'' means approximately
54,000 acres of land (including all appurtenances to the land
except as provided in section 213(e)(1)(D)(i)) owned by BSL
that is proposed to be acquired by the Secretary of
Agriculture, as depicted in Exhibit A to the Option
Agreement.
(4) Eastside national forests.--The term ``Eastside
National Forests'' means national forests east of the
Continental Divide in the State of Montana, including the
Beaverhead National Forest, Deerlodge National Forest, Helena
National Forest, Custer National Forest, and Lewis and Clark
National Forest.
(5) National forest system land.--The term ``National
Forest System land'' means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National Forest,
Lolo National Forest, and Lewis and Clark National Forest
that is proposed to be acquired by BSL, as depicted in
Exhibit B to the Option Agreement.
(6) Option agreement.--The term ``Option Agreement''
means--
(A) the document signed by BSL, dated July 29, 1998, and
entitled ``Option Agreement for the Acquisition of Big Sky
Lumber Co. Lands Pursuant to the Gallatin Range Consolidation
and Protection Act of 1993'';
(B) the exhibits and maps attached to the document
described in subparagraph (A); and
(C) a negotiated agreement to be entered into between the
Secretary and BSL and made part of the document described in
subparagraph (A).
(7) Secretary.--The ``Secretary'' means the Secretary of
Agriculture.

SEC. 213. GALLATIN LAND CONSOLIDATION COMPLETION.

(a) In General.--Notwithstanding any other provision of
law, and subject to the terms and conditions of the Option
Agreement--
(1) if BSL offers title acceptable to the Secretary to the
BSL land--
(A) the Secretary shall accept a warranty deed to the BSL
land and a quit claim deed to agreed to mineral interests in
the BSL land;
(B) the Secretary shall convey to BSL, subject to valid
existing rights and to other terms, conditions, reservations,
and exceptions as may be agreed to by the Secretary and BSL,
fee title to the National Forest System land; and
(C) the Secretary of the Interior shall convey to BSL, by
patent or otherwise, subject to valid existing rights and
other terms, conditions, reservations, and exceptions as may
be agreed to by the Secretary of the Interior and BSL, fee
title to the BLM land;
(2) if BSL places title in escrow acceptable to the
Secretary to 11\1/2\ sections of the BSL land in the Taylor
Fork area as set forth in the Option Agreement--
(A) the Secretary shall place Federal land in the Bangtail
and Doe Creek areas of the Gallatin National Forest, as
identified in the Option Agreement, in escrow pending
conveyance to the Secretary of the Taylor Fork land, as
identified in the Option Agreement in escrow;
(B) the Secretary, subject to the availability of funds,
shall purchase 7\1/2\ sections of BSL land in the Taylor Fork
area held in escrow and identified in the Option Agreement at
a purchase price of $4,150,000 plus interest at a rate
acceptable to the Secretary; and
(C) the Secretary shall acquire the 4 Taylor Fork sections
identified in the Option Agreement remaining in escrow, and
any of the 6 sections referred to in subparagraph (B) for
which funds are not available, by providing BSL with timber
sale receipts from timber sales on the Gallatin National
Forest and other eastside national forests in the State of
Montana in accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are received by
BSL--
(i) the deeds to an equivalent value of BSL Taylor Fork
land held in escrow shall be released and conveyed to the
Secretary; and
(ii) the escrow of deeds to an equivalent value of Federal
land shall be released to the Secretary in accordance with
the terms of the Option Agreement; or
(B) if funds or timber sale receipts are not provided to
BSL as provided in the Option Agreement, BSL shall be
entitled to receive patents and deeds to an equivalent value
of the Federal land held in escrow.
(b) Valuation.--
(1) In general.--The property and other assets exchanged or
conveyed by BSL and the United States under subsection (a)
shall be approximately equal in value, as determined by the
Secretary.
(2) Difference in value.--To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) Timber Sale Program.--
(1) In general.--The Secretary shall implement a timber
sale program, according to the terms and conditions
identified in the Option Agreement and subject to compliance
with applicable environmental laws, judicial decisions, and
acts beyond the control of the Secretary, to generate
sufficient timber receipts to purchase the portions of the
BSL land in Taylor Fork identified in the Option Agreement.
(2) Implementation.--In implementing the timber sale
program--
(A) the Secretary shall provide BSL with a proposed annual
schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be deposited by
the Secretary in a special account established by the
Secretary and paid by the Secretary to BSL;
(C) receipts from the Gallatin National Forest shall not be
subject to the Act of May 23, 1908 (16 U.S.C. 500); and
(D) the Secretary shall fund the timber sale program at
levels determined by the Secretary to be commensurate with
the preparation and administration of the identified timber
sale program.
(d) Rights-of-Way.--As specified in the Option Agreement--
(1) the Secretary, under the authority of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
shall convey to BSL such easements in or other rights-of-way
over National Forest System land for access to the land
acquired by BSL under this subtitle for all lawful purposes;
and
(2) BSL shall convey to the United States such easements in
or other rights-of-way over land owned by BSL for all lawful
purposes, as may be agreed to by the Secretary and BSL.
(e) Quality of Title.--
(1) Determination.--The Secretary shall review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from
BSL, determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied and the quality of the title
is otherwise acceptable to the Secretary of Agriculture;
(B) all draft conveyances and closing documents have been
received and approved;
(C) a current title commitment verifying compliance with
applicable title standards has been issued to the Secretary;
and
(D) the title includes both the surface and subsurface
estates without reservation or exception (except as
specifically provided in this subtitle), including--
(i) minerals, mineral rights, and mineral interests
(including severed oil and gas surface rights), subject to
and excepting other outstanding or reserved oil and gas
rights;
(ii) timber, timber rights, and timber interests (except
those reserved subject to section 251.14 of title 36, Code of
Federal Regulations, by BSL and agreed to by the Secretary);
(iii) water, water rights, ditch, and ditch rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) Conveyance of title.--
(A) In general.--If the quality of title does not meet
Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the Secretary
shall advise BSL regarding corrective actions necessary to
make an affirmative determination under paragraph (1).
(B) Title to subsurface estate.--Title to the subsurface
estate shall be conveyed by BSL to the Secretary in the same
form and content as that estate is received by BSL from
Burlington Resources Oil & Gas Company Inc. and Glacier Park
Company.
(f) Timing of Implementation.--
(1) Land-for-land exchange.--The Secretary shall accept the
conveyance of land described in subsection (a) not later than
45 days after the Secretary has made an affirmative
determination of quality of title.
(2) Land-for-timber sale receipt exchange.--As provided in
subsection (c) and the Option Agreement, the Secretary shall
make timber receipts described in subsection (a)(3) available
not later than December 31 of

[[Page H9768]]

the fifth full calendar year that begins after the date of
enactment of this subtitle.
(3) Purchase.--The Secretary shall complete the purchase of
BSL land under subsection (a)(2)(B) not later than 30 days
after the date on which funds are made available for such
purchase and an affirmative determination of quality of title
is made with respect to the BSL land.

SEC. 214. OTHER FACILITATED EXCHANGES.

(a) Authorized Exchanges.--
(1) In general.--The Secretary shall enter into the
following land exchanges if the landowners are willing:
(A) Wapiti land exchange, as outlined in the documents
entitled ``Non-Federal Lands in Facilitated Exchanges'' and
``Federal Lands in Facilitated Exchanges'' and dated July
1998.
(B) Eightmile/West Pine land exchange as outlined in the
documents entitled ``Non-Federal Lands in Facilitated
Exchanges'' and ``Federal Lands in Facilitated Exchanges''
and dated July 1998.
(2) Equal Value.--Before entering into an exchange under
paragraph (1), the Secretary shall determine that the parcels
of land to be exchanged are of approximately equal value,
based on an appraisal.
(b) Section 1 of the Taylor Fork Land.--
(1) In general.--The Secretary is encouraged to pursue a
land exchange with the owner of section 1 of the Taylor Fork
land after completing a full public process and an appraisal.
(2) Report.--The Secretary shall report to Congress on the
implementation of paragraph (1) not later than 180 days after
the date of enactment of this subtitle.

SEC. 215. GENERAL PROVISIONS.

(a) Minor Corrections.--
(1) In general.--The Option Agreement shall be subject to
such minor corrections and supplemental provisions as may be
agreed to by the Secretary and BSL.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate, the Committee
on Resources of the House of Representatives, and each member
of the Montana congressional delegation of any changes made
under this subsection.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Gallatin National
Forest is adjusted in the Wineglass and North Bridger area,
as described on maps dated July 1998, upon completion of the
conveyances.
(B) No limitation.--Nothing in this subsection limits the
authority of the Secretary to adjust the boundary pursuant to
section 11 of the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 521).
(C) Allocation of land and water conservation fund
moneys.--For the purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries
of the Gallatin National Forest shall be considered to be the
boundaries of the National Forest as of January 1, 1965.
(b) Public Availability.--The Option Agreement--
(1) shall be on file and available for public inspection in
the office of the Supervisor of the Gallatin National Forest;
and
(2) shall be filed with the county clerk of each of
Gallatin County, Park County, Madison County, Granite County,
Broadwater County, Meagher County, Flathead County, and
Missoula County, Montana.
(c) Compliance With Option Agreement.--The Secretary, the
Secretary of the Interior, and BSL shall comply with the
terms and conditions of the Option Agreement except to the
extent that any provision of the Option Agreement conflicts
with this subtitle.
(d) Conveyance of Timber.--After completion of the land-
for-land exchange under section 213(a)(1), the Secretary
shall convey to BSL 1,000,000 board feet of timber from
roaded land in the Gallatin National Forest, which--
(1) shall be treated as reserved timber under section
251.14 of title 36, Code of Federal Regulations; and
(2) shall not be considered as part of the appraisal value
of land exchanged under this subtitle.
(e) Status of Land.--All land conveyed to the United States
under this subtitle shall be added to and administered as
part of the Gallatin National Forest and Deerlodge National
Forest, as appropriate, in accordance with the Act of March
1, 1911 (5 U.S.C. 515 et seq.), and other laws (including
regulations) pertaining to the National Forest System.
(f) Management.--
(1) Public process.--Not later than 30 days after the date
of completion of the land-for-land exchange under section
213(f)(1), the Secretary shall initiate a public process to
amend the Gallatin National Forest Plan and the Deerlodge
National Forest Plan to integrate the acquired land into the
plans.
(2) Process time.--The amendment process under paragraph
(1) shall be completed as soon as practicable, and in no
event later than 540 days after the date on which the
amendment process is initiated.
(3) Limitation.--An amended management plan shall not
permit surface occupancy on the acquired land for access to
reserved or outstanding oil and gas rights or for exploration
or development of oil and gas.
(4) Interim management.--Pending completion of the forest
plan amendment process under paragraph (1), the Secretary
shall--
(A) manage the acquired land under the standards and
guidelines in the applicable land and resource management
plans for adjacent land managed by the Forest Service; and
(B) maintain all existing public access to the acquired
land.
(g) Restoration.--
(1) In general.--The Secretary shall implement a
restoration program including reforestation and watershed
enhancements to bring the acquired land and surrounding
national forest land into compliance with Forest Service
standards and guidelines.
(2) State and local conservation corps.--In implementing
the restoration program, the Secretary shall, when
practicable, use partnerships with State and local
conservation corps, including the Montana Conservation Corps,
under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et
seq.).
(h) Implementation.--The Secretary of Agriculture shall
ensure that sufficient funds are made available to the
Gallatin National Forest to carry out this subtitle.
(i) Revocations.--Notwithstanding any other provision of
law, any public orders withdrawing lands identified in the
Option Agreement from all forms of appropriation under the
public land laws are revoked upon conveyance of the lands by
the Secretary.

SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle C--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
Reservior;
(2) providing a permanent source of funding to acquire
public access, to 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) CFRA.--The term ``CFRA'' means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(2) Commissioners.--The term ``Commissioners'' means the
Board of Commissioners for Broadwater County, Montana.
(3) County Trust.--The terms ``County Trust'' and ``Canyon
Ferry-Broadwater County Trust'' mean the Canyon Ferry-
Broadwater County Trust established pursuant to section 228.
(3) Lessee.--The term ``Lessee'' means the leaseholder of
any 1 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 interest in that
cabin site.
(4) Property.--The term ``Property'' means any one of the
cabin sites described in section 224(b).
(5) Properties.--The term ``Properties'' means all 265 of
the cabin sites (and related parcels) described in section
224(b).
(6) Purchaser.--The term ``Purchaser'' means a person or
entity, excluding CFRA, that purchases the Properties under
section 224.
(7) Reservoir.--The terms ``Reservoir'' and ``Canyon Ferry
Reservoir'' mean the Canyon Ferry Reservoir in the State of
Montana.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) 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, 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 Properties (not
including shoreline or land

[[Page H9769]]

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 bid.
(d) Terms of Conveyance.--
(1) 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).
(2) Property descriptions and historical use.--The
Purchaser shall honor the existing descriptions of the
Properties and historical use restrictions for the
Properties.
(3) CFRA purchases.--
(A) Conveyance to state trust in lieu of payment.--If CFRA
is the highest bidder, or matches the highest bid, CFRA may
convey to the Montana Fish and Wildlife Conservation Trust
the fee title to any Property that is not purchased by a
Lessee under paragraph (1)(A). The conveyance to the State
Trust shall be in lieu of payment, and the value of each
Property contribution under this subparagraph shall be the
fair market value of the Property under this section.
(B) Continuation of leases.--
(i) In general.--CFRA (or the State Trust if a Property is
conveyed to the State Trust under subparagraph (A)) shall
allow the Lessee of that Property who is unable or unwilling
to purchase the 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.
(ii) Rental payments.--All rents received during the
continuation of a lease under clause (i) shall be paid to
CFRA (or the State Trust if the Property is conveyed to the
State Trust under subparagraph (A)).
(iii) Limitation on right to transfer lease.--Subject to
valid existing rights, a Lessee may not sell or otherwise
assign or transfer the Lessee's Property without purchasing
the Property from CFRA (or the State Trust if the Property is
conveyed to the State Trust under subparagraph (A)) and
conveying the fee interest in the Property.
(C) Conveyance by state trust.--All conveyances of a
Property and any related parcels under subsection (b)(1)(B)
by the State Trust shall be at fair market value as
determined by a new appraisal, but in no event may the State
Trust convey any Property to a Lessee for an amount less than
the value established for the Property by the appraisal
conducted pursuant to subsection (c)(2).
(e) 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.
(f) Timing.--The Secretary shall make every effort to
complete the conveyance under subsection (a) not later than
one year after the date of the enactment of this subtitle.
(g) Closing.--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.
(h) Conveyance to Lessee.--If a Lessee elects to purchase a
Property from the Purchaser or CFRA as provided in subsection
(d)(1)(A), 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.
(h) Costs.--The Lessee shall reimburse CFRA for a
proportionate share of the costs to CFRA of completing the
transactions contemplated by this subtitle, including any
interest charges. In addition, the Lessee shall reimburse the
State Trust for costs, including costs of the new appraisal,
associated with conveying the Property from the Trust to the
Lessee.

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;
and
(2) enter into such a contract if mutually agreed upon by
the Secretary and the Commissioners.
(b) Concession Income.--Any income generated by any
concessions which may be granted by the Commissioners at the
recreation area shall be deposited in the Canyon Ferry-
Broadwater County Trust established pursuant to section 228
and may be dispersed 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.

As part of the conveyance of the Properties under section
224, there shall be established 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--
(1) restore and conserve fisheries habitat, including
riparian habitat;
(2) restore and conserve wildlife habitat;
(3) enhance public hunting, fishing, and recreational
opportunities; and
(4) improve public access to public lands.

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 the Board of Commissioners for Broadwater
County, Montana--
(1) establishes a nonprofit charitable permanent perpetual
public trust, to be known as the ``Canyon Ferry-Broadwater
County Trust''; and
(2) deposits at least $3,000,000 as the initial corpus of
the County Trust.
(b) Reduction for In-Kind Contributions.--The Secretary may
reduce the amount required to be deposited in the County
Trust under subsection (a)(2) to reflect in-kind
contributions made in Broadwater County and related to the
maintenance or improvement of access to or recreational
facilities at the Reservoir. In kind contributions shall be
valued based on the fair market value of the goods or
services provided.
(c) County Trust Management.--The County Trust shall be
managed by the Montana Community Foundation, in this section
referred to as the ``trust manager''.
(d) Use.--
(1) In general.--The trust manager shall invest the corpus
of the County Trust and shall disperse 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 Trust until the sum of $3,000,000, or such
lesser amount established by the Secretary under subsection
(b), is deposited as the initial corpus of County Trust.
(5) Dispersement.--The trust manager shall either approve
or reject any request for dispersement, 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 person persons.

[[Page H9770]]

(2) Duties.--The advisory committee shall meet on a regular
basis to establish priorities and prepare requests for the
dispersement of funds from the County Trust, except that the
advisory committee shall recommend only such expenditures as
are approved by the Commissioners.
Subtitle D--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).
(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.

[[Page H9771]]

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.

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.

[[Page H9772]]

SEC. 247. CONVEYANCE OF ADMINISTRATIVE SITE, ROGUE RIVER
NATIONAL FOREST, OREGON AND CALIFORNIA.

(a) Sale or Exchange Authorized.--The Secretary of
Agriculture, under such terms and conditions as the Secretary
may prescribe, may sell or exchange any or all right, title,
and interest of the United States in and to the Rogue River
National Forest administrative site depicted on the map
entitled ``Rogue River Administrative Conveyance'' dated
April 23, 1998, consisting of approximately 5.1 acres.
(b) Exchange Acquisitions.--The Secretary of Agriculture
may provide for the construction of administrative facilities
in exchange for a conveyance of the administrative site under
subsection (a).
(c) Applicable Authorities.--Except as otherwise provided
in this section, any sale or exchange of an administrative
site shall be subject to the laws (including regulations)
applicable to the conveyance and acquisition of land for
National Forest System purposes.
(d) Cash Equalization.--Notwithstanding any other provision
of law, the Secretary of Agriculture may accept a cash
equalization payment in excess of 25 percent of the value of
an administrative site in an exchange under subsection (a).
(e) Solicitations of Offers.--In carrying out this section,
the Secretary of Agriculture may--
(1) use solicitations of offers for sale or exchange on
such terms and conditions as the Secretary may prescribe; and
(2) reject any offer if the Secretary determines that the
offer is not adequate or not in the public interest.
(f) Disposition of Funds.--The proceeds of a sale or
exchange under subsection (a) shall be deposited in the fund
established under Public Law 90-171 (16 U.S.C. 484a; commonly
known as the Sisk Act) and shall be available, until
expended, for the construction or improvement of offices and
support buildings for combined use by the Forest Service for
the Rogue River National Forest, and by the Bureau of Land
Management.
(g) Revocation of Public Land Orders.--Notwithstanding any
other provision of law, to facilitate the sale or exchange of
the administrative site, public land orders withdrawing the
administrative site from all forms of appropriation under the
public land laws are revoked for any portion of the
administrative site, upon conveyance of that portion by the
Secretary of Agriculture. The effective date of a revocation
made by this subsection shall be the date of the patent or
deed conveying the administrative site (or portion thereof).

SEC. 248. 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. 249. 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.
``(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.''.

[[Page H9773]]

SEC. 250. 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. 251. 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. 252. 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.
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 serve 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''.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

Section 12(a) of such Act (102 Stat. 4558) is amended by
striking ``$350,000'' and inserting ``$650.000''.

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.

[[Page H9774]]

(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.
(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

[[Page H9775]]

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--Miscellaneous Provisions

SEC. 321. 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. 322. 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)
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

[[Page H9776]]

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
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.

[[Page H9777]]

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 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 ------ and dated -------- (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

[[Page H9778]]

(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 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.

[[Page H9779]]

(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 served in America's
African-American Air Force units of World War II and shared
in the Tuskegee Experience.
(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) By the early 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
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 benefit and inspire present and future generations
to understand and appreciate 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 the impact of the Tuskegee
Airmen during World War II; the training process for the
Tuskegee Airmen including the roles played by Moton Field,
other training facilities, and related sites; the strategic
role of Tuskegee Institute (Tuskegee University) in the
training; the African-American struggle for greater
participation in the United States military and more
significant roles in defending their country; the
significance of successes of the Tuskegee Airmen in leading
to desegregation of the United States military shortly after
World War II; and the impacts of Tuskegee Airmen
accomplishments on subsequent civil rights advances of the
1950's and 1960's.
(d) Establishment of the Tuskegee Airmen National Historic
Site.
(1) In general.--There is hereby established as a unit of
the National Park System the Tuskegee Airmen National
Historic Site, in association with Tuskegee University, in
the State of Alabama.
(2) Description.--The total historic site, after the
conditions are met for its full development and management,
and subsequent to agreements to donate land by Tuskegee
University and the city of Tuskegee, shall consist of
approximately 90 acres, known as Moton Field, in Macon
County, Alabama, as generally depicted on a map entitled
``Alternative C, Living History: Tuskegee Airmen
Experience'', dated June 1998. Such map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(e) Property Acquisition.--The Secretary may acquire by
donation, exchange, or purchase with donated or appropriated
funds the real property described in subsection (d)(2),
except that any property owned by the State of Alabama or any
political subdivision thereof or Tuskegee University may be
acquired only by donation. It is understood that property
donated by Tuskegee University shall be used only for
purposes consistent with this Act in commemorating the
Tuskegee Airmen. The initial donation of land by Tuskegee
University shall consist of approximately 35 acres with the
remainder of the acreage to be donated by Tuskegee University
after agreement is reached regarding the development and
management of the Tuskegee Airmen National Center. The
Secretary may also acquire by the same methods personal
property associated with, and appropriate for, the
interpretation of the historic site.
(f) 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 (39 Stat. 535), and the
Act of August 21, 1935 (49 Stat. 666).
(2) Role of tuskegee institute national historic site.--
Tuskegee Institute National Historic Site shall serve as the
principal administrative facility for the historic site.
(3) Role of tuskegee university.--Tuskegee University shall
serve as the principal partner with the National Park
Service, and other Federal agencies mutually agreed upon, for
the leadership, organization, development, and management of
the historic site.
(4) Role of tuskegee airmen.--The Tuskegee Airmen shall
assist the principal partners for the historic site in
fundraising for the development of visitor facilities and
programs, and provide artifacts, memorabilia, and historical
research for interpretive exhibits.
(5) Development.--The general management plan for the
operation and development of the historic site shall reflect
Alternative C, Living History: The Tuskegee Airmen
Experience, as expressed in the draft special resource study
entitled ``Moton Field/Tuskegee Airmen Special Resource
Study'', dated June 1998. Subsequent development of the
historic site, with the approval of Tuskegee University,
shall reflect Alternative D.
(6) Cooperative agreements.--
(A) In general.--The Secretary may enter into cooperative
agreements with Tuskegee University, other nonhigher
educational institutions, the Tuskegee Airmen, individuals,
private and public organizations, and other Federal agencies
in furtherance of the purposes of this Act. The Secretary
shall recognize the concern of Tuskegee University

[[Page H9780]]

for the wise management, use, and development of the historic
site, and shall consult with Tuskegee University in the
formulation of any cooperative agreement that may affect the
historic site.
(B) Tuskegee airmen national center.--The Secretary may
enter into a cooperative agreement with Tuskegee University
to define and implement the public/private partnership needed
to develop the historic site, including the Tuskegee Airmen
National Center on the grounds of the historic site. The
purpose of the center shall be to extend the ability to
relate more fully the story of the Tuskegee Airmen at Moton
Field. The center shall house a Tuskegee Airmen Memorial and
provide large exhibit space for the display of period
aircraft and equipment used by the Tuskegee Airmen and a
Tuskegee University Department of Aviation Science. It is the
intent of the Congress that interpretive programs for
visitors benefit from the school's active pilot training
instruction program, and that the training program will
provide a historical continuum of flight training in the
tradition of the Tuskegee Airmen. The Tuskegee University
Department of Aviation Science may be located in historic
buildings within the Moton Field complex until the Tuskegee
Airmen National Center has been completed.
(C) Report.--Within one year after the date of the
enactment of this Act, the Secretary and Tuskegee University,
in consultation with the Tuskegee Airmen, shall prepare a
report on the partnership needed to develop and operate 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.
Subject to the approval of the Congress, the Secretary and
Tuskegee University may enter into a cooperative agreement to
permit the development of the Center. Before the balance of
the land is donated and before the development of the
Tuskegee Airmen National Center can proceed, a cooperative
agreement acceptable to the Secretary and Tuskegee University
must be executed.
(7) General management plan.--Within 2 complete fiscal
years after funds are first made available to carry out this
section, the Secretary shall prepare, with the full
participation of Tuskegee University, a general management
plan for the historic site and submit the plan 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.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 409. LITTLE ROCK CENTRAL HIGH SCHOOL NATIONAL HISTORIC
SITE, ARKANSAS.

(a) Findings.--The Congress finds that--
(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 9 African-American students, known as
the ``Little Rock Nine'', to Little Rock's Central high
School 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; and
(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 of Central High School National Historic
Site.--
(1) Establishment.--The Little Rock Central High School
national historic site in the State or 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 in Little Rock,
Arkansas, as generally depicted on a map entitled
____________ and dated June 1998. Such map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(2) 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 and the laws generally applicable to units of the
National Park System, including the Act of August 25, 1916
(16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C.
461-467): Provided, That nothing in this section shall affect
the authority of the Little Rock School District to
administer Little Rock Central High School.
(3) Cooperative agreements.--(A) 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 Act.
(B) The Secretary shall coordinate visitor interpretation
of the historic site with the Little Rock School District and
the Central High School Museum, Inc.
(4) General management plan.--Within 2 years after the date
funds are made available, the Secretary shall prepare a
general management plan for the historic site.
(5) Continuing educational use.--The Secretary shall
consult and coordinate with the Little Rock School District
in the development of the general management plan and in the
administration of the historic site so as to not interfere
with the continuing use of Central High School as an
educational institution.
(6) Acquisition of property.--The Secretary is authorized
to acquire by purchase with donated or appropriated funds, by
exchange, or donation the lands and interests therein located
within the boundaries of the historic site, except that the
Secretary may only acquire lands or interests therein with
the consent of the owner thereof and lands or interests
therein owned by the State of Arkansas or a political
subdivision thereof, may only be acquired by donation or
exchange.
(d) Desegregation in Public Education Theme Study.--
(1) Theme study.--Within 2 years after the date funds are
made available, the Secretary shall prepare and transmit 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 a national historic
landmark theme study (hereinafter referred to 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 Central High School National Historic Site
established in this section 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 1 or more major 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 Little Rock Central High School National Historic
Site established in this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 410. SAND CREEK MASSACRE NATIONAL HISTORIC SITE STUDY.

(a) Findings.--Congress finds that--
(1) on November 29, 1864, Colonel John M. Chivington led a
group of 700 armed soldiers to a peaceful Cheyenne village of
more than 100 lodges on the Big Sandy, also known as Sand
Creek, located within the Territory of Colorado, and in a
running fight that ranged several miles upstream along the
Big Sandy, slaughtered several hundred Indians in Chief Black
Kettle's village, the majority of whom were women and
children;
(2) the incident was quickly recognized as a national
disgrace and investigated and condemned by 2 congressional
committees and a military commission;
(3) although the United States admitted guilt and
reparations were provided for in article VI of the Treaty of
Little Arkansas of October 14, 1865 (14 Stat. 703) between
the United States and the Cheyenne and Arapaho Tribes of
Indians, those treaty obligations remain unfulfilled;

[[Page H9781]]

(4) land at or near the site of the Sand Creek Massacre may
be available for purchase from a willing seller; and
(5) the site is of great significance to the Cheyenne and
Arapaho Indian descendants of those who lost their lives at
the incident at Sand Creek and to their tribes, and those
descendants and tribes deserve the right of open access to
visit the site and rights of cultural and historical
observance at the site.
(b) Definitions.--For purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior acting through the Director of the National
Park Service.
(2) Site.--The term ``site'' means the Sand Creek massacre
site described in subsection (a).
(3) Tribes.--The term ``Tribes'' means--
(A) the Cheyenne and Arapaho Tribe of Oklahoma;
(B) the Northern Cheyenne Tribe; and
(C) the Northern Arapaho Tribe.
(c) Study.--
(1) In general.--Not later than 18 months after the date on
which funds are made available for the purpose of this
section, the Secretary, in consultation with the Tribes and
the State of Colorado, shall submit to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a resource
study of the site.
(2) Contents.--The study under paragraph (1) shall--
(A) identify the location and extent of the massacre area
and the suitability and feasibility of designating the site
as a unit of the National Park System; and
(B) include cost estimates for any necessary acquisition,
development, operation and maintenance, and identification of
alternatives for the management, administration, and
protection of the area.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 411. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
ENHANCEMENT AND PROTECTION.

(a) Findings.--The Congress finds the following:
(1) The National Park Service has insufficient funds for
the operation, maintenance, and rehabilitation of certain
units of the National Park System.
(2) Federal full fee ownership of structures and lands that
are not consistent with the purposes for which a national
historical park was established and that are essential only
to the protection of such a park is not always required to
preserve the aesthetic, natural, cultural, and historical
values of national historical parks.
(3) The sale or lease, or any extension of a sale or lease,
of secondary structures and surplus lands of national
historical parks that are not consistent with the purposes
for which the parks were established and that are essential
only to the protection of such parks, could generate needed
funds while preserving the values for which the parks were
established, if adequate protection of natural, aesthetic,
recreational, cultural, and historical values is assured by
appropriate terms, covenants, conditions, or reservations.
(4) There are some secondary structures and surplus lands
of the Chesapeake and Ohio Canal National Historical Park
that need not be owned by the Federal Government in fee
simple to achieve the benefits for which the park was
established.
(b) Definitions.--In this section:
(1) Surplus land.--The term ``surplus land'' means land
owned by the United States that--
(A) is controlled by the Secretary, is administered as part
of the Chesapeake and Ohio Canal National Historical Park,
and was first included in the park in the period beginning
January 1, 1972, and ending December 31, 1983;
(B) is not consistent with the purposes for which the park
was established; and
(C) is determined by the Secretary to be surplus to the
purposes of national historical parks.
(2) Secondary Structures.--The term ``secondary
structure''--
(A) except as provided in subparagraph (B), means a
structure (including associated land) that--
(i) is controlled by the Secretary and administered as part
of the Chesapeake and Ohio Canal National Historical Park,
and was first included in the park in the period beginning
January 1, 1972, and ending December 31, 1983;
(ii) is not historic under National Register on Historic
Places criteria; and
(iii) is determined by the Secretary to be surplus to the
purposes of national historical parks; and
(B) does not include any structure or land that is
determined by the Secretary to be part of the essence of the
Chesapeake and Ohio Canal National Historical Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Allowing Private Acquisition or Use of Secondary
Structures and Surplus Land.--
(1) Determination of secondary structures and surplus
land.--The Secretary shall review the lands and structures
that are controlled by the Secretary and administered as part
of the Chesapeake and Ohio Canal National Historical Park and
determine whether any of those lands or structures are
secondary structures or surplus lands, respectively.
(2) Allowing private acquisition or use.--The Secretary,
after determining it to be in the public interest and after
publication of notice in the Federal Register and 30 days for
public comment, may in accordance with this section sell,
lease, permit the use of, or extend a lease or use permit
for, any land and structure determined by the Secretary to be
a secondary structure or surplus land, respectively.
(d) Requirements.--
(1) Competition.--Except as provided in paragraph (3), any
sale or lease of property under this section shall be made
under full and open competition.
(2) Costs.--The Secretary shall ensure that the terms of
any sale, lease, or use permit under this section are
sufficient to recover the costs to the United States of
awarding and administering the sale, lease, or permit. The
Secretary shall require that a person acquiring, leasing, or
using property under this section shall bear all reasonable
costs of appraisal incidental to such conveyance, lease, or
use, as determined by the Secretary.
(3) Reacquisition by original owner.--Before disposing of
any secondary structure or surplus land under this section,
the Secretary shall, to the extent possible, provide the
person or persons from whom the structure or land was
acquired by the United States, or their heirs, as determined
from the deed and land records for the property, an
opportunity to reacquire the structure or land by negotiated
sale, lease, or use permit. The Secretary shall publish a
notice in an appropriate regional or local newspaper in an
attempt to locate such persons.
(4) Notice to congress.--The Secretary shall report to the
Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
each conveyance, lease, or issuance of a use permit for
property under this section having a total value greater than
$150,000, at least 30 days prior to consummation of the
transaction.
(e) Protection of Historical Integrity of Park.--In order
to protect the natural, aesthetic, recreational, cultural, or
historic values of the Chesapeake and Ohio Canal National
Historical Park, the Secretary shall include in any sale,
lease, or use permit under this section any terms, covenants,
conditions, or reservations necessary to ensure preservation
of the public interest and uses consistent with the purposes
for which the park was established.
(f) Use of Revenues.--Amounts received by the United States
as proceeds from any sale, lease, or use of a secondary
structure or surplus land under this section in excess of the
administrative cost of the sale, lease, or use--
(1) shall be deposited in a special fund in the Treasury;
and
(2) shall be available to the Secretary, without further
appropriation, for operation, maintenance, or improvement of,
or for the acquisition of land or interests therein for, the
Chesapeake and Ohio Canal National Historical 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.

[[Page H9782]]

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.
(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.

[[Page H9783]]

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 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.

[[Page H9784]]

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.
(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;
(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.

[[Page H9785]]

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 and the
full exercise of those 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 is established before the date
of the enactment of this Act--
(1) may not be reduced, increased, or withdrawn, except
based solely on scientific analyses of range conditions; 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 overflights of aircraft and 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.
(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

[[Page H9786]]

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 based solely on
scientific analyses of range conditions.
(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 applicable to such use and
programs on the 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, replacement, or
improvement 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.
(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) Roads and Rights-of-Way as Boundaries.--Unless depicted
otherwise on a map referred to in this title, where roads
form the boundaries of an area designated as part of the
conservation area or a wilderness or semi-primitive area
under this title, the boundary of the area shall be set back
from the center line of the road as follows:
(1) A setback that corresponds with the boundary of the
right-of-way for Interstate 70.
(2) 150 feet for high standard roads.
(3) 100 feet for roads classified as County Class B roads.
(4) 50 feet for roads equivalent to County Class D roads.
(d) Access.--
(1) Reasonable access allowed.--Subject to valid existing
rights, reasonable access shall be allowed to existing
improvements, structures, and facilities, including those
related to water and grazing resources, which are within the
conservation area or a wilderness or semi-primitive area
designated under this title, whether located on Federal or
non-Federal lands, in order that they may be operated,
maintained, repaired, modified, or replaced as necessary.
(2) Reasonable access defined.--For the purposes of this
subsection, the term ``reasonable access'' means right of
entry and includes access by motorized transport when
necessarily, customarily, or historically employed on routes
in existence as of the date of the enactment of this Act.
(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.

[[Page H9787]]

(f) Rights-of-Way.--
(1) Right-of-way claims not affected.--Nothing in this
title, including any reference to or 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).
(2) Depictions not determinative.--Any depiction or lack of
depiction of a highway, road, right-of-way, or trail on the
map entitled ``San Rafael Swell National Heritage/
Conservation Area Proposed'', dated June 12, 1998, shall not
be considered in any determination under section 2477 of the
Revised Statutes (43 U.S.C. 932) of whether or not such
highway, road, right-of-way, or trail exists.
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 operation or maintenance by the
Northwest Pipeline Corporation (or its successors or assigns)
of the natural gas pipeline and related facilities located in
the Lost Spring Canyon Addition on the date of the enactment
of this subsection.''.
(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 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. MICCOSUKEE RESERVED AREA.

(a) Findings.--Congress finds the following:
(1) Since 1964, the Miccosukee Tribe of Indians of Florida
have lived and governed their own affairs on a strip of land
on the northern edge of the Everglades National Park pursuant
to permits from the National Park Service and other legal
authority. The current permit expires in 2014.
(2) Since the commencement of the Tribe's permitted use and
occupancy of the Special Use Permit Area, the Tribe's
membership has grown, as have the needs and desires of the
Tribe and its members for modern housing, governmental and
administrative facilities, schools and cultural amenities,
and related structures.
(3) The United States, the State of Florida, the Miccosukee
Tribe, and the Seminole Tribe of Florida are participating in
a major intergovernmental effort to restore the South Florida
ecosystem, including the restoration of the environment of
the Park.
(4) The Special Use Permit Area is located within the
northern boundary of the Park, which is critical to the
protection and restoration of the Everglades, as well as to
the cultural values of the Miccosukee Tribe.
(5) The interests of both the Miccosukee Tribe and the
United States would be enhanced by a further delineation of
the rights and obligations of each with respect to the
Special Use Permit Area and to the Park as a whole.

[[Page H9788]]

(6) The amount and location of land allocated to the Tribe
fulfills the purposes of the Park.
(b) Purposes.--The purposes of this section are as follows:
(1) To replace the special use permit with a legal
framework under which the Tribe can live permanently and
govern the Tribe's own affairs in a modern community within
the Park.
(2) To protect the Park outside the boundaries of the
Miccosukee Reserved Area from adverse effects of structures
or activities within that area, and to support restoration of
the South Florida ecosystem, including restoring the
environment of the Park.
(c) Definitions.--For purposes of this section:
(1) Everglades.--The term ``Everglades'' means the areas
within the Florida Water Conservation Areas, Everglades
National Park, and Big Cypress National Preserve.
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(3) Miccosukee reserved area; mra.--The term ``Miccosukee
Reserved Area'' or ``MRA'' means, notwithstanding any other
provision of law and subject to the limitations specified in
subsection (l) of this section, the portion of the Everglades
National Park described as follows: ``Beginning at the
western boundary of Everglades National Park at the west line
of sec. 20, T. 54 S., R. 35 E., thence E. following the
Northern boundary of said Park in T. 54 S., Rs. 35 and 36 E.,
to a point in sec. 19, T. 54 S., R. 36 E., 500 feet west of
the existing road known as Seven Miles Road, thence 500 feet
south from said road, thence west paralleling the Park
boundary for 3,200 feet, thence south for 600 feet, thence
west, paralleling the Park boundary to the west line of sec.
20, T. 54 S., R. 35 E., thence N. 1,100 feet to the point of
beginning.''.
(4) Park.--The term ``Park'' means the Everglades National
Park, including any additions to that Park.
(5) Permit.--The term ``permit'', unless otherwise
specified, means any federally issued permit, license,
certificate of public convenience and necessity, or other
permission of any kind.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the designee of the Secretary.
(7) South florida ecosystem.--The term ``South Florida
ecosystem'' has the meaning given that term in section
528(a)(4) of the Water Resources Development Act of 1996
(Public Law 104-303).
(8) Special use permit area.--The term ``special use permit
area'' means the area of 333.3 acres on the northern boundary
of the Park reserved for the use, occupancy, and governance
of the Tribe under a special use permit before the date of
enactment of this Act.
(9) Tribe.--The term ``Tribe'', unless otherwise specified,
means the Miccosukee Tribe of Indians of Florida, a tribe of
American Indians recognized by the United States and
organized under section 16 of the Act of June 18, 1934 (48
Stat. 987; 25 U.S.C. 476), and recognized by the State of
Florida pursuant to chapter 285, Florida Statutes.
(10) Tribal.--The term ``tribal'' means of or pertaining to
the Miccosukee Tribe of Indians of Florida.
(11) Tribal chairman.--The term ``tribal chairman'' means
the duly elected chairman of the Miccosukee Tribe of Indians
of Florida, or the designee of that chairman.
(d) Special Use Permit Terminated.--
(1) Termination.--The special use permit dated February 1,
1973, issued by the Secretary to the Tribe, and any
amendments to that permit, are terminated.
(2) Expansion of special use permit area.--The special use
permit area shall be expanded pursuant to this section and
known as the Miccosukee Reserved Area.
(3) Governance of affairs in miccosukee reserved area.--
Subject to the provisions of this section and other
applicable Federal law, the Tribe shall govern its own
affairs in the MRA as though the MRA were a Federal Indian
reservation.
(e) Perpetual Use and Occupancy.--The Tribe shall have the
exclusive right to use and develop the MRA in perpetuity in a
manner consistent with this section for purposes of the
administration, education, housing, and cultural activities
of the Tribe, including commercial services necessary to
support those purposes.
(f) Indian Country Status.--The MRA shall be--
(1) considered to be Indian Country (as that term is
defined in section 1151 of title 18, United States Code); and
(2) treated as a federally recognized Indian reservation
solely for purposes of--
(A) determining the authority of the Tribe to govern its
own affairs within the MRA; and
(B) the eligibility of the Tribe and its members for any
Federal health, education, employment, economic assistance,
revenue sharing, or social welfare programs, or any other
similar Federal program for which Indians are eligible
because of their--
(i) status as Indians; and
(ii) residence on or near an Indian reservation.
(g) Exclusive Federal Jurisdiction Preserved.--The
exclusive Federal legislative jurisdiction as applied to the
MRA as in effect on the date of enactment of this Act shall
be preserved. The Act of August 15, 1953, 67 Stat. 588,
chapter 505 and the amendments made by that Act, including
section 1162 of title 18, United States Code, as added by
that Act and section 1360 of title 28, United States Code, as
added by that Act, shall not apply with respect to the MRA.
(h) Other Rights Preserved.--Nothing in this section shall
affect any rights of the Tribe under Federal law, including
the right to use other lands or waters within the Park for
other purposes, including, fishing, boating, hiking, camping,
cultural activities, or religious observances.
(i) Environmental Protection and Access Requirements.--
(1) In general.--The MRA shall remain within the boundaries
of the Park and be a part of the Park in a manner consistent
with this section.
(2) Compliance with applicable laws.--The Tribe shall be
responsible for compliance with all applicable laws, except
as specifically exempted by this section.
(3) Prevention of degradation; abatement.--
(A) Prevention of degradation.--The Tribe shall prevent and
abate any significant degradation of the quality of surface
or groundwater that is released into other parts of the Park,
as follows:
(i) With respect to water entering the MRA which fails to
meet applicable water quality standards approved under the
Clean Water Act by the Federal Government, actions of the
Tribe shall not further degrade water quality. The Tribe
shall not be responsible for improving the water quality.
(ii) With respect to water entering the MRA which meets
water quality standards approved under the Clean Water Act by
the Federal Government, the Tribe shall not cause the water
to fail to comply with applicable water quality standards.
(B) Prevention and abatement.--The Tribe shall prevent and
abate any significant disruption of the restoration or
preservation of the quantity, timing, or distribution of
surface or groundwater that would enter the MRA and flow,
directly or indirectly, into other parts of the Park, but
only to the extent that such disruption is caused by
conditions, activities, or structures within the MRA.
(C) Prevention of significant propagation of exotic plants
and animals.--The Tribe shall prevent significant propagation
of exotic plants or animals outside the MRA.
(D) Public access to certain areas of the park.--The Tribe
shall not impede public access to those areas of the Park
outside the boundaries of the MRA, and to and from the Big
Cypress National Preserve, except that the Tribe shall not be
required to allow individuals who are not members of the
Tribe access to the MRA other than Federal employees, agents,
officers, and officials (as provided in this section).
(E) Prevention of significant cumulative adverse
environmental impacts.--The Tribe shall prevent and abate any
significant cumulative adverse environmental impact on the
Park outside the MRA resulting from development or other
activities within the MRA.
(i) Procedures.--Not later than 12 months after the date of
enactment of this Act, the Tribe shall develop, publish, and
implement procedures that shall ensure adequate public notice
and opportunity to comment on major tribal actions within the
MRA that may contribute to a significant cumulative adverse
impact on the Everglades ecosystem.
(ii) Written notice.--The procedures in clause (i) shall
include timely written notice to the Secretary and
consideration of the Secretary's comments.
(F) Water quality standards.--
(i) In general.--Not later than 12 months after the date of
enactment of this Act, the Tribe shall adopt and comply with
water quality standards within the MRA that are at least as
protective as the standards approved under the Clean Water
Act by the Federal Government for the area encompassed by
Everglades National Park.
(ii) Effect of failure to adopt or prescribe standards.--In
the event the Tribe fails to adopt water quality standards
referred to in clause (i) or fails to revise its own
standards within the 12-month period beginning on the date on
which any changes to water quality standards of the State of
Florida are made to ensure that the standards of the Tribe
are at least as protective as the standards of the State of
Florida, the standards of the State of Florida shall be
deemed to apply to the Tribe until such time as the Tribe
adopts standards that meet the requirements of this
subparagraph.
(G) Natural easements.--The Tribe shall not engage in any
construction, development, or improvement in any area that is
designated as a natural easement.
(j) Height Restrictions.--
(1) Restrictions.--Except as provided in paragraphs (2)
through (4), no structure constructed within the MRA shall
exceed the height of 45 feet or exceed 2 stories, except that
a structure within the government center, whichis that
portion of the MRA whose road frontage is occupied by a
government building onthe date of the enactment of this Act,
shall not exceed the height of 70 feet.
(2) Exceptions.--The following types of structures are
exempt from the restrictions of this section to the extent
necessary for the health, safety, or welfare of the tribal
members, and for the utility of the structures:
(A) Water towers or standpipes.
(B) Radio towers.
(C) Utility lines.

[[Page H9789]]

(3) Waiver.--The Secretary may waive the restrictions of
this subsection if the Secretary finds that the needs of the
Tribe for the structure that is taller than structure allowed
under the restrictions would outweigh the adverse effects to
the Park or its visitors.
(4) Grandfather clause.--Any structure approved by the
Secretary before to the date of enactment of this Act, and
for which construction commences not later than 12 months
after the date of enactment of this Act, shall not be subject
to the provisions of this subsection.
(5) Measurement.--The heights specified in this subsection
shall be measured from mean sea level.
(k) Other Conditions.--
(1) Gaming.--No class II or class III gaming (as those
terms are defined in section 4 (7) and (8) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703 (7) and (8)) shall be
conducted within the MRA.
(2) Aviation.--
(A) In general.--No commercial aviation may be conducted
from or to the MRA.
(B) Emergency operators.--Takeoffs and landings of aircraft
shall be allowed for emergency operations and administrative
use by the Tribe or the United States, including resource
management and law enforcement.
(C) State agencies and officials.--The Tribe may permit the
State of Florida, as agencies or municipalities of the State
of Florida to provide for takeoffs or landings of aircraft on
the MRA for emergency operations or administrative purposes.
(3) Visual quality.--
(A) In general.--In the planning, use, and development of
the MRA by the Tribe, the Tribe shall consider the quality of
the visual experience from the Shark River Valley visitor use
area, including limitations on the height and locations of
billboards or other commercial signs or other advertisements
visible from the Shark Valley visitor center, tram road, or
observation tower.
(B) Exemption of markings.--The Tribe may exempt markings
on a water tower or standpipe that merely identify the Tribe.
(l) Easements and Ranger Station.--Notwithstanding any
other provision of this section:
(1) Natural easements.--The use and occupancy of the MRA by
the Tribe shall be perpetually subject to natural easements
on parcels of land that are--
(A) bounded on the north and south by the boundaries of the
MRA, specified in the legal description under subsection (c);
and
(B) bounded on the east and west by boundaries than run
north and south perpendicular to the northern and southern
boundaries of the MRA, as follows:
(i) easement #1, being 443 feet wide with western boundary
525 feet, and eastern boundary 970 feet, east of the western
boundary of the MRA;
(ii) easement #2, being 443 feet wide with western boundary
3637 feet, and eastern boundary 4080 feet, east of the
western boundary of the MRA;
(iii) easement #3, being 320 feet wide with western
boundary 5380 feet, and eastern boundary 5700 feet, east of
the western boundary of the MRA;
(iv) easement #4, being 290 feet wide with western boundary
6020 feet, and eastern boundary 6310 feet, east of the
western boundary of the MRA;
(v) easement #5, being 290 feet wide with western boundary
8160 feet, and eastern boundary 8460 feet, east of the
western boundary of the MRA; and
(vi) easement #6, being 312 feet wide with western boundary
8920 feet, and eastern boundary 9232 feet, east of the
western boundary of the MRA.
(2) Extent of easements.--The aggregate extent of the east-
west parcels of lands subject to easements under this
paragraph shall not exceed 2,100 linear feet.
(3) Use of easements.--The Secretary in his discretion may
use the natural easements specified in paragraphs (1) and (2)
to fulfill the hydrological and other environmental
objectives of Everglades National Park.
(4) Additional requirements.--In addition to providing for
the easements specified in paragraphs (1) and (2), the Tribe
shall not impair or impede the continued function of the
water control structures designated as ``S-12A'' and ``S-
12B'', located north of the MRA on the Tamiami Trail and any
existing water flows under the Old Tamiami Trail.
(5) Use by department of the interior.--The Department of
the Interior shall have a right, in perpetuity, to use and
occupy, and to have access to, the Tamiami Ranger Station
presently located within the MRA, except that the pad on
which such station is constructed shall not be increased in
size without the consent of the Tribe.
(m) Government-to-Government Agreements.--The Secretary and
the tribal chairman shall make reasonable, good faith efforts
to implement the requirements of this section. Those efforts
may include government-to-government consultations, and the
development of standards of performance and monitoring
protocols.
(n) Federal Mediation and Conciliation Service.--If the
Secretary and the tribal chairman both believe that they
cannot reach agreement on any significant issue relating to
the implementation of the requirements of this section, the
Secretary and the tribal chairman may jointly request that
the Federal Mediation and Conciliation Service assist them in
reaching a satisfactory agreement.
(o) 60-Day Time Limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period not to
exceed 60 days beginning on the date on which the Federal
Mediation and Conciliation Service receives the request for
assistance, unless the Secretary and the tribal chairman
agree to an extension of period of time.
(p) Other Rights Preserved.--The facilitated dispute
resolution specified in this section shall not prejudice any
right of the parties to--
(1) commence an action in a court of the United States at
any time; or
(2) any other resolution process that is not prohibited by
law.
(q) No General Applicability.--Nothing in this section
creates any right, interest, privilege, or immunity affecting
any other Tribe or any other park or Federal lands.
(r) Noninterference With Federal Agents.--
(1) In general.--Federal employees, agents, officers, and
officials shall have a right of access to the MRA--
(A) to monitor compliance with the provisions of this
section; and
(B) for other purposes, as though it were a Federal Indian
reservation.
(2) Statutory construction.--Nothing in this section shall
authorize the Tribe or members or agents of the Tribe to
interfere with any Federal employee, agent, officer, or
official in the performance of official duties (whether
within or outside the boundaries of the MRA) except that
nothing in this paragraph may prejudice any right under the
Constitution of the United States.
(s) Federal Permits.--
(1) In general.--No Federal permit shall be issued to the
Tribe for any activity or structure that would be
inconsistent with this section.
(2) Consultations.--Any Federal agency considering an
application for a permit for construction or activities on
the MRA shall consult with, and consider the advice,
evidence, and recommendations of the Secretary before issuing
a final decision.
(3) Rule of construction.--Except as otherwise specifically
provided in this section, nothing in this section supersedes
any requirement of any other applicable Federal law.
(t) Volunteer Programs and Tribal Involvement.--The
Secretary may establish programs that foster greater
involvement by the Tribe with respect to the Park. Those
efforts may include internships and volunteer programs with
tribal schoolchildren and with adult tribal members.
(u) Saving Ecosystem Restoration.--
(1) In general.--Nothing in this section shall be construed
to amend or prejudice the authority of the United States to
design, construct, fund, operate, permit, remove, or degrade
canals, levees, pumps, impoundments, wetlands, flow ways, or
other facilities, structures, or systems, for the restoration
or protection of the South Florida ecosystem pursuant to
Federal laws.
(2) Groundwater.--
(A) In general.--The Secretary may use all or any part of
the MRA lands to the extent necessary to restore or preserve
the quality, quantity, timing, or distribution of surface or
groundwater, if other reasonable alternative measures to
achieve the same purpose are impractical.
(B) Use of lands.--The Secretary may use lands referred to
in subparagraph (A) either under an agreement with the tribal
chairman or upon an order of the United States district court
for the district in which the MRA is located, upon petition
by the Secretary and finding by the court that--
(i) the proposed actions of the Secretary are necessary;
and
(ii) other reasonable alternative measures are impractical.
(3) Costs.--
(A) In general.--In the event the Secretary exercises the
authority granted the Secretary under paragraph (2), the
United States shall be liable to the Tribe or the members of
the Tribe for--
(i) cost of modification, removal, relocation, or
reconstruction of structures lawfully erected in good faith
on the MRA; and
(ii) loss of use of the affected land within the MRA.
(B) Payment of compensation.--Any compensation paid under
subparagraph (A) shall be paid as cash payments with respect
to taking structures and other fixtures and in the form of
rights to occupy similar land adjacent to the MRA with
respect to taking land.
(4) Rule of construction.--Subsections (2) and (3) shall
not apply to natural easements specified in subsection (l)(1)
and (2).
(v) Parties Held Harmless.--
(1) United states held harmless.--
(A) In general.--Subject to subparagraph (B) with respect
to any tribal member, tribal employee, tribal contractor,
tribal enterprise, or any person residing within the MRA,
notwithstanding any other provision of law, the United States
(including an officer, agent, or employee of the United
States), shall not be liable for any action or failure to act
by the Tribe (including an officer, employee, or member of
the Tribe), including any failure to perform any of the
obligations of the Tribe under this section.
(B) Rule of construction.--Nothing in this section shall be
construed to alter any liability or other obligation that the
United

[[Page H9790]]

States may have under section 2 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450).
(2) Tribe held harmless.--Notwithstanding any other
provision of law, the Tribe and the members of the Tribe
shall not be liable for any injury, loss, damage, or harm
that--
(A) occurs with respect to the MRA; and
(B) is caused by an action or failure to act by the United
States, or the officer, agent, or employee of the United
States (including the failure to perform any obligation of
the United States under this section).
(w) Cooperative Agreements.--Nothing in this section shall
alter the authority of the Secretary and the Tribe to enter
into any cooperative agreement, including any agreement
concerning law enforcement, emergency response, or resource
management.
(x) Water Rights.--Nothing in this section shall enhance or
diminish any water rights of the Tribe, or members of the
Tribe, or the United States (with respect to the Park).
(y) Enforcement.--
(1) Actions brought by attorney general.--The Attorney
General may bring a civil action in the United States
district court for the district in which the MRA is located,
to enjoin the Tribe from violating any provision of this
section.
(2) Action brought by tribe.--The Tribe may bring a civil
action in the United States district court for the district
in which the MRA is located enjoin the United States from
violating any provision of this section.

SEC. 604. CUMBERLAND ISLAND.

(a) Boundary Adjustments for Land Exchange.--
(1) Exclusion of certain conveyed lands.--If a proposed
land exchange described in subsection (b) is agreed to by the
Secretary of the Interior, any lands to be conveyed by the
United States as part of the land exchange shall be excluded
from the boundaries of the Cumberland Island Wilderness or
the potential wilderness area if the lands contain
improvements.
(2) Inclusion of acquired lands.--All lands acquired by the
United States as part of the land exchange described in
subsection (b) shall be included in, and managed as part of,
the Cumberland Island Wilderness. Upon acquisition of the
lands, the Secretary of the Interior shall adjust the
boundaries of the Cumberland Island Wilderness to include the
acquired lands.
(b) Description of Land Exchange.--The land exchange
referred to in subsection (a) is a land exchange with regard
to Cumberland Island National Seashore and Cumberland Island
Wilderness that is being negotiated by the Secretary of the
Interior with the Nature Conservancy and High Point, Inc.,
for the purpose of acquiring privately owned lands on
Cumberland Island, which have substantial wilderness
characteristics, in exchange for Federal lands (or rights or
interests therein) located at the north end of the island.
(c) Treatment of Main Road.--
(1) Findings.--Congress finds the following:
(A) The main road at Cumberland Island National Seashore is
included on the register of national 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 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 both on the register of
national 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 from wilderness.--The main road on Cumberland
Island (as described on the register of national 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) Effect of exclusion.--Nothing in this subsection shall
be construed to affect the inclusion of the main road on the
register of national 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.
(d) 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.
(e) 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.
(f) Designation of Additional Wilderness Area.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a parcel of Federal
lands within Cumberland Island National Seashore, which
comprises approximately ____ acres on the southern portion of
Cumberland Island, as depicted on the map entitled
``Cumberland Island Wilderness Addition, Proposed'', dated
________, 1998, is hereby designated as wilderness and
therefore as a component of the National Wilderness
Preservation System.
(2) Administration.--The parcel designated by paragraph (1)
shall be administered by the Secretary of the Interior in
accordance with the Wilderness Act as part of the Cumberland
Island Wilderness. The Secretary shall adjust the boundaries
of the Cumberland Island Wilderness to include the parcel.
(3) Existing rights and uses.--The designation of the
wilderness area under paragraph (1) shall be subject to valid
existing rights of the designated parcel.
(g) 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.

SEC. 605. 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. 606. CONGRESSIONAL REVIEW OF NATIONAL MONUMENT STATUS
AND CONSULTATION.

Section 2 of the Act of June 8, 1906 (Chapter 3060; 34
Stat. 225; 16 U.S.C. 431; commonly referred to as the
``Antiquities Act''), is amended by adding at the end the
following: ``A proclamation of the President under this
section that results in the designation of a total acreage in
excess of 50,000 acres in a single State in a single calendar
year as a national monument may not be issued until 30 days
after the President has transmitted the proposed proclamation
to the Governor of the State in which such acreage is located
and solicited such Governor's written comments, and any such
proclamation shall cease to be effective on the date 2 years
after issuance unless the Congress has approved such
proclamation by the enactment of a law.''.

SEC. 607. SANTA CRUZ ISLAND, ADDITIONAL RIGHTS OF USE AND
OCCUPANCY.

[[Page H9791]]

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 such rights in such individuals as promptly as
practicable, but no later than 90 days, after the enactment
of this paragraph.''.

SEC. 608. 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. 609. 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. 610. 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-2(b)) is amended as follows:
(1) Section 101 is amended as follows:
(A) By inserting after ``map entitled `Boundary Map,
Chattahoochee River National Recreation Area', numbered Chat-
20,003 and dated September 1984'' the following: ``and on the
maps entitled `Chattahoochee River National Recreation Area,
Interim Boundary Map #1, #2, and #3, dated ______''.
(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) is repealed.
(3) Section 103(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) 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''.
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:

[[Page H9792]]

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:
(1) In section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery''.

[[Page H9793]]

(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. LINCOLN NATIONAL HISTORIC TRAIL.

(a) Potential Addition.--Section 5(a) of the National
Trails System Act (16 U.S.C. 1276(a)) is amended by adding
the following new paragraph at the end thereof:
``( ) The Lincoln National Historic Trail, a trail of
approximately 350 miles extending from Lake Michigan to the
Mississippi River, as generally described in `The Proposal'
in the Department of the Interior report entitled `Illinois
Trail, National Trail Feasibility Study and Environmental
Assessment', dated September 1987, with an extension of the
water route down the Mississippi River to connect with the
Lewis and Clark National Historic Trail near Wood River,
Illinois. A map generally depicting the route shall be on
file and available for public inspection in the Office of the
Director of the National Park Service, Washington, District
of Columbia. The trail shall be administered by the Secretary
of the Interior.''.
(b) Designation.--Section 3(a) of the National Trails
System Act (16 U.S.C. 1274(a)) is amended by adding the
following new paragraph at the end thereof:
``( ) 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

[[Page H9794]]

(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''.

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, forage removal by livestock
grazing or mechanical means, 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) Fuels.--The term ``fuels'' includes forage, woody
debris, duff, needle cast, brush, dead or dying understory,
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 purpose of reducing hazardous fuels
buildups in the area.
(2) Inclusion of forest management projects.--Subject to
paragraph (3), 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) Forest management credits.--The financing of a forest
management project required as a condition of a contract for
a sale authorized by subsection (a) shall be accomplished
through the inclusion in the contract of a provision for
amortization of the cost of the forest management project
through the issuance of forest management credits to the
purchaser. Such forest management credits shall offset the
cost of the required forest management project against the
purchaser's payment for forest products.
(2) 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 Credits.--Prior to
the advertisement of a sale authorized by subsection (a), the
Secretary concerned shall determine the amount of forest
management credits to be allocated to each forest management
project to be required as a condition of the sale contract. A
description of the forest management project, and the amount
of the forest management credits allocated to the project,
shall be included in the prospectus, and published in the
advertisement, for the sale.
(d) Transfer of Forest Management Credits.--The Secretary
concerned may permit a purchaser that holds forest management
credits earned by the purchaser as part of a sale authorized
by subsection (a), but not used in connection with that sale,
to transfer the forest management credits to another sale
authorized by subsection (a) if--
(1) the subsequent sale is also purchased by that
purchaser; and
(2) the sale parcel is located on Federal lands under that
Secretary's jurisdiction.

[[Page H9795]]

(e) Treatment of Forest Management Credits as Moneys
Received.--
(1) Bureau of land management lands.--In the case of
Federal lands described in section 903(1)(A), all amounts
earned by or allowed to any purchaser of a sale authorized by
subsection (a) in the form of forest management credits 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), all amounts earned by or
allowed to any purchaser of a sale authorized by subsection
(a) in the form of forest management credits 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).
(f) Cost Considerations.--Because of the strong concern for
the safety of human life and property and the protection of
water quality, air quality, and wildlife habitat, a sale
authorized by subsection (a) shall not be precluded because
the costs of the sale may exceed the revenues derived from
the sale, nor shall such sales be considered in any
calculations concerning the revenue effects of the forest
products sales program for the Federal lands or units of the
Federal lands.
(g) Limitation on Credits.--Each Secretary concerned may
utilize the authority in this section for up to $75,000,000
per fiscal year.

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. 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.
(c) Effect on Existing Forest Management Credits.--If any
forest management credits from a sale of forest products
pursuant to section 912 are not used before the end of the
period specified in subsection (a), and no law providing
authority to offer sales pursuant to section 912 after such
period is enacted by Congress, such credits may be used after
such period in any sale of forest products that is authorized
by another law, is purchased by the purchaser of the sale in
which the credits were earned, and is conducted by the
Secretary concerned who had jurisdiction over the sale in
which the credits were earned.
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.
(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) Definitions and Findings.--
(1) Definitions.--For purposes of this section:
(A) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under subsection (b).
(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;

[[Page H9796]]

(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.
(b) 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 5 members appointed by the President by
and with the advice and consent of the Senate. At least 2 of
the members of the Commission shall be selected from among
persons who are eligible descendants.
(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.
(c) Examination of Land Claims.--
(1) Submission of land claims petitions.--Any 3 (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 5 years after the date of
the enactment of this Act.
(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.
(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 to 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 paragraph
(1), at which hearing all persons 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 this paragraph, 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
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 non-
Federal lands. In the case of a valid petition covering lands
held in non-Federal ownership, the Commission shall modify
the recommendation under paragraph (6) to recommend the
substitution of comparable Federal lands in the State of New
Mexico for the lands held in non-Federal ownership.
(d) Community Land Grant Study Center.--To assist the
Commission in the performance of its activities under
subsection (c), 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.
(e) 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. The Commission 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.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as 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).
(f) Report.--As soon as practicable after reaching its last
decision under subsection (c), 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.
(g) Termination.--The Commission shall terminate on 180
days after submitting its final report under subsection (f).
(h) 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 (d).

SEC. 1004. OTAY MOUNTAIN WILDERNESS.

[[Page H9797]]

(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 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.

[[Page H9798]]

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 holder required by paragraph (2), the
Secretary of the Interior shall establish an exchange account
for that holder for the monetary credits issued to that
holder under paragraph (3). The account for a holder 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 holder's account
shall be available to the holder 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 holder may transfer
or sell any credits in the holder'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 holder, that holder 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 holder, the Secretary of the Interior
shall terminate that holder'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 holder under paragraph (6)(A),
title to any mineral and geothermal interests that are held
by the holder and are to be acquired by the Secretary of the
Interior under paragraph (2) shall transfer to the United
States.
``(h) Identification of Other 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 any other non-Federal property interests
within the boundaries of the Monument; and
``(2) containing the recommendations of the Secretary
regarding whether acquisition of any such interests may be
warranted to avoid future management problems in connection
with the Monument.''.

SEC. 1007. OPERATION AND MAINTENANCE OF EXISTING DAMS AND
WEIRS, EMIGRANT WILDERNESS, STANISLAUS NATIONAL
FOREST, CALIFORNIA.

The Secretary of Agriculture shall enter into an agreement
with a non-Federal entity, under which the entity will
retain, maintain, and operate at private expense the 18
concrete dams and weirs located within the boundaries of the
Emigrant Wilderness in the Stanislaus National Forest,
California, as designated by section 2(b) of Public Law 93-
632 (88 Stat. 2154; 16 U.S.C. 1132 note). The Secretary shall
require the entity to operate and maintain the dams and weirs
at the level of operation and maintenance that applied to
such dams and weirs before January 3, 1975.

SEC. 1008. DEMONSTRATION RESOURCE MANAGEMENT PROJECT,
STANISLAUS NATIONAL FOREST, CALIFORNIA, TO
ENHANCE AND PROTECT THE GRANITE WATERSHED.

(a) Resource Management Contract Authorized.--The Secretary
of Agriculture may enter into a contract with a single
private contractor to perform multiple resource management
activities on Federal lands within the Stanislaus National
Forest in the State of California for the purpose of
demonstrating enhanced ecosystem health and water quality,
and significantly reducing the risk of catastrophic wildfire,
in the Granite watershed at a reduced cost to the Government.
The contract shall be for a term of five years.
(b) Authorized Management Activities.--The types of
resource management activities performed under the contract
shall include the following:
(1) Reduction of forest fuel loads through the use of
precommercial and commercial thinning and prescribed burns in
the Granite watershed.
(2) Monitoring of ecosystem health and water quality in the
Granite watershed.
(3) Monitoring of the presence of wildlife in the area in
which management activities are performed and the effect of
the activities on wildlife presence.
(4) Such other resource management activities as the
Secretary considers appropriate to demonstrate enhanced
ecosystem health and water quality in the Granite watershed.
(c) Compliance With Federal Law and Spotted Owl
Guidelines.--All resource management activities performed
under the contract shall be performed in a manner consistent
with applicable Federal law and the standards and guidelines
for the conservation of the California spotted owl (as set
forth in the California Spotted Owl Sierran Province Interim
Guidelines or the subsequently issued final guidelines,
whichever is in effect).
(d) Funding.--
(1) Sources of funds.--To provide funds for the resource
management activities to be performed under the contract, the
Secretary may use--
(A) funds appropriated to carry out this section;
(B) funds specifically provided to the Forest Service to
implement projects to demonstrate enhanced water quality and
protect aquatic and upland resources;
(C) excess funds that are allocated for the administration
and management of the Stanislaus National Forest, California;
(D) hazardous fuels reduction funds allocated for Region 5
of the Forest Service; and
(E) a contract provision allowing the cost of performing
authorized management activities described in subsection (b)
to be offset by the values owed to the United States for any
forest products removed by the contractor.
(2) Prohibition on use of certain funds.--Except as
provided in paragraph (1), the Secretary may not carry out
the contract using funds appropriated for any other unit of
the National Forest System.
(3) Conditions on funds transfers.--Any transfer of funds
under paragraph (1) may be made only in accordance with the
procedures concerning notice to, and review by, the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate that are applied by
the Secretary in the case of a transfer of funds between
appropriations.
(e) Acceptance and Use of State Funds.--The Secretary may
accept and use funds provided by the State of California to
assist in the implementation of the contract under this
section.
(f) Reporting Requirements.--Not later than February 28 of
each year during the term of the contract, the Secretary
shall submit to Congress a report describing--
(1) the resource management activities performed under the
contract during the period covered by the report;
(2) the source and amount of funds used under subsection
(d) to carry out the contract; and
(3) the resource management activities to be performed
under the contract during the calendar year in which the
report is submitted.
(g) Relationship to Other Laws.--Nothing in this section
exempts the contract, or resource management activities to be
performed under the contract, from any Federal environmental
law.

SEC. 1009. EAST TEXAS BLOWDOWN-NEPA PARITY.

(a) In General.--The Secretary of Agriculture may remove
dead, downed, or severely root-sprung trees in areas
described in subsection (b) in accordance with 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.

[[Page H9799]]

(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) Other Forests.--
(1) Requirement to request alternative arrangements.--The
Secretary of Agriculture or the Secretary of the Interior,
respectively, shall promptly 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 on any national forest or public domain lands where
premature mortality is expected as a result of catastrophic
forest conditions.
(2) Consideration of requests.--Upon receipt of a request
under paragraph (1), the Council on Environmental Quality
shall promptly consider and approve or disapprove the
request.
(3) 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--
(A) governing the approval of alternative arrangements
under part 1506.11 of title 40, Code of Federal Regulations,
pursuant to requests under paragraph (1); and
(B) establishing criteria under which those requests will
be considered and approved or disapproved.

SEC. 1010. EXEMPTION FOR NOT-FOR-PROFIT ENTITIES 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 new paragraph:
``(3) In the regulations required under this subsection,
the Secretary concerned may not impose liability without
fault for fire suppression costs incurred by the United
States with respect to a right-of-way under this title if the
holder of the right-of-way is a not-for-profit entity,
including a not-for-profit entity that uses the right-of-way
for the delivery of electricity to parties having an equity
interest in the not-for-profit entity.''.

SEC. 1011. 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. 1012. 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 data 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;
(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. 1013. 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. 1014. 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. 1015. 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. 1016. MEMORIAL TO MR. BENJAMIN BANNEKER IN THE DISTRICT
OF COLUMBIA.

[[Page H9800]]

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)).
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
333/80331B,''.

SEC. 1103. MERCED IRRIGATION DISTRICT.

Section 218(a) of division I of the Omnibus Parks Act (110
Stat. 4113) is amended by striking ``this Act'' and inserting
``this section''.

SEC. 1104. BIG THICKET NATIONAL PRESERVE.

Section 306 of division I of the Omnibus Parks Act (110
Stat. 4132; 16 U.S.C. 698 note) is amended as follows:
(1) In subsection (d), 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,''.
(2) In subsection (f)(2), by striking ``Menard Creek'' and
inserting ``the Mendard Creek''.
(3) In subsection (g), by striking ``Menard Creek'' and
inserting ``Mendard Creek''.

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)(3), by striking ``legislated by this
Act'' and inserting ``required by this section''.
(2) In subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``formula of this Act'' and inserting ``formula of this
section'';
(B) in paragraphs (1), (2), and (3), by striking ``this
Act'' each place it appears and inserting ``this section'';
and
(C) in the sentence below paragraph (3)--
(i) by inserting ``adjusted gross revenue for the'' before
``1994-1995 base year''; and
(ii) by striking ``this Act'' and inserting ``this
section''.
(3) In subsection (f)--
(A) by striking ``sublessees'' and inserting
``subpermittees''; and
(B) by inserting inside the parenthesis ``offered for
commercial or other promotional purposes'' after
``complimentary lift tickets''.
(4) 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)

[[Page H9801]]

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,''.

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 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 (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).''.
(3) In subsection (f)(2)(A)(i), by striking ``profit sector
roles'' and inserting ``private-sector roles''.
(4) 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,''.
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''.
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

[[Page H9802]]

(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 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.

[[Page H9803]]

(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 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

[[Page H9804]]

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 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

[[Page H9805]]

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--
(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.

[[Page H9806]]

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.
(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.

[[Page H9807]]

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 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.

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.

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.

[[Page H9808]]

(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.

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.

[[Page H9809]]

(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 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.

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

[[Page H9810]]

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 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.

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 conveyance of the Project under this subtitle, the
liability of the United States under any law for damages of
any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of property in
which an interest is conveyed by the United States pursuant
to this subtitle shall be limited to the portion of the total
damages that bears the same proportion to the total damages
as the interest in the property retained by the United States
bears to the total interest in the 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 of1978.--
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.--Section 1621 of the Reclamation Projects
Authorization and Adjustment Act of 1992, as added by section
2(a)(2) of the Reclamation Recycling and Water Conservation
Act of 1996 (110 Stat. 3292; 43 U.S.C. 390h-12g), is
amended--
(1) in the heading by striking ``study'' and inserting
``project''; and
(2) in subsection (a)--
(A) by inserting ``the planning, design, and construction
of'' after ``participate in'';
(B) by striking ``Study'' and inserting ``Project''; and
(C) by inserting ``and nonpotable surface water'' after
``impaired groundwater''.
(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.

[[Page H9811]]

(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 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.
TITLE XIV--PROVISIONS SPECIFIC TO ALASKA
Subtitle A--Land Exchange Near Gustavus and Related Provisions

SEC. 1401. SHORT TITLE.

This subtitle may be cited as the ``Glacier Bay National
Park Boundary Adjustment Act of 1998''.

SEC. 1402. LAND EXCHANGE AND WILDERNESS DESIGNATION.

(a) In General.--(1) Subject to conditions set forth in
subsection (c), if the State of Alaska, in a manner
consistent with this subtitle, offers to transfer to the
United States the lands identified in paragraph (4) in
exchange for the lands identified in paragraph (3), selected
from the area described in section 1403(b)(1), the Secretary
of the Interior (in this subtitle referred to as the
``Secretary'') shall complete such exchange no later than 6
months after the issuance of a license to Gustavus Electric
Company by the Federal Energy Regulatory Commission (in this
subtitle referred to as ``FERC''), in accordance with this
subtitle. This land exchange shall be subject to the laws
applicable to exchanges involving lands managed by the
Secretary as part of the National Park System in Alaska and
the appropriate process for the exchange of State lands
required by State law.
(2) The lands to be conveyed to the United States by the
State of Alaska shall be determined by mutual agreement of
the Secretary and the State of Alaska. Lands that will be
considered for conveyance to the United States pursuant to
the process required by State law are lands owned by the
State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the
State of Alaska.
(3) If the Secretary and the State of Alaska have not
agreed on which lands the State of Alaska will convey by a
date not later than 6 months after a license is issued
pursuant to this subtitle, the United States shall accept,
within 1 year after a license is issued, title to land having
a sufficiently equal value to satisfy State and Federal law,
subject to clear title and valid existing rights, and absence
of environmental contamination, and as provided by the laws
applicable to exchanges involving lands managed by the
Secretary as part of the National Park System in Alaska and
the appropriate process for the exchange of State lands
required by State law. Such land shall be accepted by the
United States, subject to the other provisions of this
subtitle, from among the following State lands in the
priority listed:

copper river meridian

(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1,
2, and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing
617.68 acres, as shown on the plat of survey accepted June 9,
1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1
and 2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\;
Sec. 12; Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing
838.66 acres, as shown on the plat of survey accepted June 9,
1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/
4\NE\1/4\ and NW\1/4\. Containing 200.00 acres, as shown on
the plat of survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6, lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing
approximately 529.94 acres, as shown on the plat of survey
accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska by the
United States under paragraph (1) are lands to be designated
by the Secretary and the State of Alaska, consistent with
sound land management principles, based on those lands
determined by FERC with the concurrence of the Secretary and
the State of Alaska, in accordance with section 1403(b), to
be the minimum amount of land necessary for the construction
and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the
land exchanges described in this subtitle may be extended as
necessary by the Secretary should the processes of State law
or Federal law delay completion of an exchange.
(6) For purposes of this subtitle, the term ``land'' means
lands, waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction
maintains, within the National Wilderness Preservation
System, approximately the same amount of area of designated
wilderness as currently exists, the

[[Page H9812]]

following lands in Alaska shall be designated as wilderness
in the priority listed, upon consummation of the land
exchange authorized by this subtitle and shall be
administered according to the laws governing national
wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8,
T. 36 S., R. 54 E., CRM, and shown on United States
Geological Survey quadrangle Mt. Fairweather (D-2), Alaska,
containing approximately 789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying
within Lituya Bay in sections 23, 24, 25, and 26, T. 37 S.,
R. 47 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (C-5), Alaska, containing
approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31.
S., R. 43 E and T. 32 S., R. 43 E., CRM, that is not
currently designated wilderness, containing approximately
2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary,
consistent with sound land management principles, to
approximately equal, in sum, the total wilderness acreage
deleted from Glacier Bay National Park and Preserve pursuant
to the land exchange authorized by this subtitle.
(c) Conditions.--Any exchange of lands under this subtitle
may occur only if--
(1) following the submission of a complete license
application, FERC has conducted economic and environmental
analyses under the Federal Power Act (16 U.S.C. 791-828)
(notwithstanding provisions of that Act and the Federal
regulations that otherwise exempt this project from economic
analyses), the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4370), and the Fish and Wildlife Coordination Act
(16 U.S.C. 661-666), that conclude, with the concurrence of
the Secretary of the Interior with respect to subparagraphs
(A) and (B), that the construction and operation of a
hydroelectric power project on the lands described in section
1403(b)--
(A) will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after
the consummation of the land exchange authorized by this
section);
(B) will comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470-470w); and
(C) can be accomplished in an economically feasible manner;
(2) FERC held at least one public meeting in Gustavus,
Alaska, allowing the citizens of Gustavus to express their
views on the proposed project;
(3) FERC has determined, with the concurrence of the
Secretary and the State of Alaska, the minimum amount of land
necessary to construct and operate this hydroelectric power
project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction
may commence, and the FERC has approved such plan.

SEC. 1403. ROLE OF FERC.

(a) License Application.--(1) The FERC licensing process
shall apply to any application submitted by Gustavus Electric
Company to the FERC for the right to construct and operate a
hydropower project on the lands described in subsection (b).
(2) FERC is authorized to accept and consider an
application filed by Gustavus Electric Company for the
construction and operation of a hydropower plant to be
located on lands within the area described in subsection (b),
notwithstanding section 3(2) of the Federal Power Act (16
U.S.C. 796(2)). Such application must be submitted within 3
years after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower
project constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a)
of this section are lands in the State of Alaska described as
follows:

copper river meridian

Township 39 South, Range 59 East, partially surveyed,
Section 36 (unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/
4\, NE\1/4\SW\1/4\, W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/
2\SE\1/4\NW\1/4\. Containing approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed,
Section 1 (unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and
SW\1/4\SW\1/4\NE\1/4\, excluding U.S. Survey 944 and Native
allotment A-442; Section 2 (unsurveyed), fractional, that
portion lying above the mean high tide line of Icy Passage,
excluding U.S. Survey 944 and U.S. Survey 945; Section 11
(unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944;
Section 12 (unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/
2\NW\1/4\SW\1/4\NE\1/4\, and those portions of NW\1/4\ and
SW\1/4\ lying above the mean high tide line of Icy Passage,
excluding U.S. Survey 944 and Native allotment A-442.
Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed
in the study area described in paragraph (1) to account for
accretion to these lands from natural forces.
(3) With the concurrence of the Secretary and the State of
Alaska, the FERC shall determine the minimum amount of lands
necessary for construction and operation of such project.
(4) The National Park Service shall participate as a joint
lead agency in the development of any environmental document
under the National Environmental Policy Act of 1969 in the
licensing of such project. Such environmental document shall
consider both the impacts resulting from licensing and any
land exchange necessary to authorize such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power
project shall be FERC's approval, prior to any commencement
of construction, of a finance plan submitted by Gustavus
Electric Company.
(2) The National Park Service, as the existing supervisor
of potential project lands ultimately to be deleted from the
Federal reservation in accordance with this subtitle, waives
its right to impose mandatory conditions on such project
lands pursuant to section 4(e) of the Federal Power Act (16
U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or
amend the project license unless it determines, with the
Secretary's concurrence, that the project will not adversely
impact the purposes and values of Glacier Bay National Park
and Preserve (as constituted after the consummation of the
land exchange authorized by this subtitle). Additionally, a
condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power
project shall require the licensee to mitigate any adverse
effects of the project on the purposes and values of Glacier
Bay National Park and Preserve identified by the Secretary
after the initial licensing.
(4) A condition of the license to construct and operate any
portion of the hydroelectric power project shall be the
completion, prior to any commencement of construction, of the
land exchange described in this subtitle.

SEC. 1404. ROLE OF SECRETARY OF THE INTERIOR.

(a) Special Use Permit.--Notwithstanding the provisions of
the Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall
issue a special use permit to Gustavus Electric Company to
allow the completion of the analyses referred to in section
1403. The Secretary shall impose conditions in the permit as
needed to protect the purposes and values of Glacier Bay
National Park and Preserve.
(b) Park System.--The lands acquired from the State of
Alaska under this subtitle shall be added to and administered
as part of the National Park System, subject to valid
existing rights. Upon completion of the exchange of lands
under this subtitle, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park
System units to include the lands acquired from the State of
Alaska; and adjust the boundary of Glacier Bay National Park
and Preserve to exclude the lands transferred to the State of
Alaska under this subtitle. Any such adjustment to the
boundaries of National Park System units shall not be
considered in applying any acreage limitations under section
103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make
any necessary modifications or adjustments of boundaries of
wilderness areas as a result of the additions and deletions
caused by the land exchange referenced in section 1402. Any
such adjustment to the boundaries of National Park System
units shall not be considered in applying any acreage
limitations under section 103(b) of Public Law 96-487.
(d) Concurrence of the Secretary.--Whenever in this
subtitle the concurrence of the Secretary is required, it
shall not be unlawfully withheld or unreasonably delayed.

SEC. 1405. APPLICABLE LAW.

The authorities and jurisdiction provided in this subtitle
shall continue in effect until such time as this subtitle is
expressly modified or repealed by Congress.
Subtitle B--Amendments to Alaska Native Claims Settlement Act and
Related Provisions

SEC. 1411. 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

[[Page H9813]]

trusts, partnerships, or joint ventures whose beneficiaries,
partners, shareholders, or joint venturers are Native
Corporations.''.

SEC. 1412. 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. 1413. 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. 1414. 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 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. 1415. 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. 1416. 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. 1417. 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. 1418. 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. 1419. 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. 1420. 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. 1421. 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.''.
Subtitle C--Miscellaneous Provisions

SEC. 1431. 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. 1432. EASEMENT FOR CHUGACH ALASKA CORPORATION.

[[Page H9814]]

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.

The CHAIRMAN. No amendment is in order except those specified in
section 2 of House Resolution 573. Each amendment may be offered only
in the order printed, may be offered only by the Member specified,
shall be considered read, debatable for the time specified in the
report, equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment and shall not be subject to
a demand for division of the question.
The Chairman of the Committee of the Whole may postpone a demand for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.

Amendment No. 1 in the Nature of a Substitute Offered by Mr. Hansen

Mr. HANSEN. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of
a substitute.
The text of the amendment in the nature of a substitute is as
follows:

Amendment No. 1 in the nature of a substitute offered by
Mr. Hansen:
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

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

Subtitle B--Automobile National Heritage Area of Michigan

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

Subtitle B--San Rafael Swell National Conservation Area

Subtitle C--Wilderness Areas Within Conservation Area

Sec. 531. Designation of wilderness.

[[Page H9815]]

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

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

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

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

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

TITLE XIII--RECLAMATION PROJECT CONVEYANCES AND MISCELLANEOUS
PROVISIONS

Subtitle A--Sly Park Dam and Reservoir, California

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

Subtitle D--Palmetto Bend Project, Texas

Subtitle E--Wellton-Mohawk Division, Gila Project, Arizona

Sec. 1351. Short title.

[[Page H9816]]

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

Subtitle G--Clear Creek Distribution System, California

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.

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.

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.

SEC. 104. GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT,
VIRGINIA.

[[Page H9817]]

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.

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

[[Page H9818]]

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 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.

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

[[Page H9819]]

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;
(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.

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.

[[Page H9820]]

(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 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.

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.

[[Page H9821]]

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.

SEC. 244. ISSUANCE OF QUITCLAIM DEED, LOWE FAMILY PROPERTY,
BIG HORN COUNTY, WYOMING.

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

[[Page H9822]]

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.

SEC. 246. LAND EXCHANGE, ROUTT NATIONAL FOREST, COLORADO.

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.--

[[Page H9823]]

``(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.
``(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.

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.

(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

[[Page H9824]]

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 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.

SEC. 302. PURPOSE.

SEC. 303. CORRIDOR COMMISSION.

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.

[[Page H9825]]

``(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.

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.

SEC. 307. DUTIES OF OTHER FEDERAL ENTITIES.

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.

SEC. 310. DUTIES OF THE SECRETARY.

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.

SEC. 313. AUTOMOBILE NATIONAL HERITAGE AREA.

SEC. 314. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.

[[Page H9826]]

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.

SEC. 316. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

SEC. 317. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE
PROPERTY.

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.

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.

[[Page H9827]]

(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.

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

[[Page H9828]]

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.

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.

(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.

[[Page H9829]]

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
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.

SEC. 403. THOMAS COLE NATIONAL HISTORIC SITE, NEW YORK.

[[Page H9830]]

(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 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.

SEC. 406. LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE,
NEW YORK.

[[Page H9831]]

``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 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.

SEC. 408. TUSKEGEE AIRMEN NATIONAL HISTORIC SITE, ALABAMA.

[[Page H9832]]

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
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.

[[Page H9833]]

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 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.

[[Page H9834]]

(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 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,

[[Page H9835]]

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 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.

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.

[[Page H9836]]

SEC. 512. DESIGNATION.

There is hereby designated the San Rafael Swell National
Heritage Area.

SEC. 513. DEFINITIONS.

SEC. 514. GRANTS, TECHNICAL ASSISTANCE, AND OTHER DUTIES AND
AUTHORITIES OF FEDERAL AGENCIES.

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

[[Page H9837]]

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 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.

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.

(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.

[[Page H9838]]

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.

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.

(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.

Subtitle D--Other Special Management Areas Within Conservation Area

SEC. 541. SAN RAFAEL SWELL DESERT BIGHORN SHEEP MANAGEMENT
AREA.

[[Page H9839]]

(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.
(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.

SEC. 543. SCENIC VISUAL AREA OF CRITICAL ENVIRONMENTAL
CONCERN.

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.

SEC. 553. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL
TRUST LANDS.

[[Page H9840]]

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.

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.

SEC. 602. EXPANSION OF ARCHES NATIONAL PARK, UTAH.

[[Page H9841]]

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 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.

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.

[[Page H9842]]

(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 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.

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.

(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

[[Page H9843]]

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.

``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''.
(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.

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.

[[Page H9844]]

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:
(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.

SEC. 803. ASSISTANCE TO THE NATIONAL HISTORIC TRAILS
INTERPRETIVE CENTER.

[[Page H9845]]

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''.

SEC. 902. FINDINGS AND PURPOSE.

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.

SEC. 912. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE
FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN
INTERFACE AREAS.

[[Page H9846]]

(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 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.

SEC. 914. REPORTING REQUIREMENTS.

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.

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.

[[Page H9847]]

SEC. 1002. ESTABLISHMENT OF THE NATIONAL CAVE AND KARST
RESEARCH INSTITUTE IN NEW MEXICO.

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

[[Page H9848]]

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 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.--

[[Page H9849]]

(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 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.

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.).

[[Page H9850]]

``(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 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.

[[Page H9851]]

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;
(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.

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.

(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

[[Page H9852]]

(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.

SEC. 1102. COLONIAL NATIONAL HISTORICAL PARK.

SEC. 1103. MERCED IRRIGATION DISTRICT.

Section 218(a) of division I of the Omnibus Parks Act (110
Stat. 4113) is amended by 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.

SEC. 1106. LAMPREY WILD AND SCENIC RIVER.

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.

SEC. 1109. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

SEC. 1110. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.

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.

SEC. 1116. WASHITA BATTLEFIELD.

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.

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.

[[Page H9853]]

(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.

SEC. 1122. TALLGRASS PRAIRIE NATIONAL PRESERVE.

SEC. 1123. RECREATION LAKES.

SEC. 1124. FOSSIL FOREST PROTECTION.

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.

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.

SEC. 1130. TENNESSEE CIVIL WAR HERITAGE AREA.

SEC. 1131. AUGUSTA CANAL NATIONAL HERITAGE AREA.

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.

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.

[[Page H9854]]

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 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.

SEC. 1204. DISPOSITION OF CERTAIN LANDS AND PROPERTIES.

SEC. 1205. REVOCATION OF WITHDRAWALS.

[[Page H9855]]

(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 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.

SEC. 1208. PLANNING.

SEC. 1209. APPRAISALS.

SEC. 1210. DISPOSAL OF PROPERTIES.

[[Page H9856]]

(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 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--

[[Page H9857]]

(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--
(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.

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.

This subtitle may be cited as the ``Sly Park Unit
Conveyance Act''.

SEC. 1312. DEFINITIONS.

[[Page H9858]]

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.
(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.

SEC. 1316. RELATIONSHIP TO OTHER LAWS.

SEC. 1317. LIABILITY.

Subtitle B--Minidoka Project, Idaho

SEC. 1321. SHORT TITLE

This subtitle may be cited as the ``Burley Irrigation
District Conveyance Act''.

SEC. 1322. DEFINITIONS.

SEC. 1323. CONVEYANCE.

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.

SEC. 1326. LIABILITY.

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.

[[Page H9859]]

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 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.

SEC. 1335. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

SEC. 1336. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM
THE ACQUIRED LANDS.

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.

SEC. 1339. FUTURE RECLAMATION BENEFITS.

Subtitle D--Palmetto Bend Project, Texas

SEC. 1341. SHORT TITLE.

This subtitle may be cited as the ``Palmetto Bend
Conveyance Act''.

SEC. 1342. DEFINITIONS.

SEC. 1343. CONVEYANCE OF PROJECT.

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.

[[Page H9860]]

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.

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.

This subtitle may be cited as the ``Canadian River Project
Prepayment Act''.

SEC. 1362. DEFINITIONS.

SEC. 1363. PREPAYMENT AND CONVEYANCE OF PROJECT.

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.

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.

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.

[[Page H9861]]

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.

SEC. 1375. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

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.

SEC. 1383. CONVEYANCE OF PROJECT.

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

[[Page H9862]]

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 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.

``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.

[[Page H9863]]

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.

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.

SEC. 1402. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.

SEC. 1403. RETAINED MINERAL ESTATE.

[[Page H9864]]

``(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.

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.

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.

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.

[[Page H9865]]

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 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,

[[Page H9866]]

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 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.

[[Page H9867]]

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 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.
The CHAIRMAN. Pursuant to House resolution 573, the gentleman from
Utah (Mr. Hansen) and the gentleman from California (Mr. Miller) each
will control 10 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume
to explain the purpose of the amendment to H.R. 4570.
Many of the additions contained in the amendment are small word
changes and technical corrections. With a bill this size, it is
reasonable to expect a number of refinements along the way. We have
tried to spot and make corrections to all those areas that require
corrections, and I think we caught most of them.
Mr. Chairman, the vast majority of the provisions contained in this
bill are noncontroversial and bipartisan. However, we have made major
concessions to the more controversial measures and included revised
language in this amendment. In particular, the provisions for
Cumberland Island and the Tuskegee Institute have undergone
considerable changes in order to make these more acceptable yet still
deal with important concerns.
Likewise, this amendment contains major changes to the conveyance of
property at the Canyon Ferry Reservoir in Montana, to the hazardous
fuels reduction programs in our national forests, to the forest health-
NEPA parity program, and a program for improved operation and
maintenance of water impoundments in the Emigrant Wilderness of
California. Furthermore, this amendment has made significant and
agreeable modifications to the provisions dealing with land claims
under the Treaty of Guadelupe-Hidalgo in New Mexico.
Mr. Chairman, we have gone out of our way to craft this amendment to
address the majority of the concerns by both the administration and the
minority. This included eliminating from this package a number of
provisions that were very important to us. For example, the highly
controversial Antiquities Act provision that many of the people got up
and talked about is not in the bill. That has been entirely deleted
from the omnibus bill.

{time} 1500

This provision was especially important to me and I still believe it
is a good and necessary idea. However, I will strike this provision.
Likewise, both the C&O Canal and the Hell's Canyon provisions have been
eliminated. These were strongly opposed by the administration and we
reluctantly, yet willingly agreed to compromise and strike these
provisions in the spirit of compromise.
We have also made noncontroversial additions to the original bill
which followed the intent of this landmark legislation which create new
historic areas and heritage areas along with expanding national park
units. For example, the additions contained in the amendment will
create the Kate Mullany Historic Site in New York sponsored by the
gentleman from New York (Mr. McNulty), establish the Lackawanna Valley
Heritage Area in Pennsylvania sponsored by the gentleman from
Pennsylvania (Mr. McDade), and authorize Route 66 as a National
Historic Highway sponsored by the gentlewoman from New Mexico (Mrs.
Wilson). This amendment will also expand Bandelier National Monument in
New Mexico sponsored by the gentleman from New Mexico (Mr. Redmond),
expand the Weir Farm Historic Site in Connecticut sponsored by the
gentleman from Connecticut (Mr. Maloney), and authorize an expansion of
the Chickamauga-Chattanooga National Military Park sponsored by the
gentleman from Tennessee (Mr. Wamp).
Mr. Chairman, these new additions easily fall within our goal to
further benefit our national parks and public lands. This amendment
crafted with bipartisanship goes further to absolutely assure that our
national parks, public lands and national resources are cared for and
properly managed so that visitors can enjoy and experience these lands
for many generations to come.
Lastly, Mr. Chairman, in the spirit of bipartisanship, we have added
in the amendment a number of provisions that the minority strongly and
earnestly wanted to see as part of this package. These provisions
include the Adams National Historical Park sponsored by the gentleman
from Massachusetts (Mr. Delahunt) which consolidates the current Adams
Historical Sites into a historical park and allows for further
acquisitions of a small parcel of property.
The amendment also allows for expansion of the Frederick Law Olmstead
National Historic Site sponsored by the gentleman from Massachusetts
(Mr. Frank). Another provision would designate two new wilderness
areas, the Spanish Peaks Wilderness in Colorado sponsored by the
gentleman from Colorado (Mr. Skaggs) and the California Coastal Rocks
and Islands Wilderness sponsored by the gentleman from California (Mr.
Farr).
One other provision designates the Dante Fascell Biscayne National
Park Visitor Center as the official name of the visitors center in
Biscayne Bay National Park, sponsored by the gentleman from Florida
(Mr. Deutsch) and cosponsored by the gentleman from Florida (Mr.
Hastings) and the gentlewoman from Florida (Mrs. Meeks) among others.
Lastly, Mr. Chairman, a new provision authorizes a feasibility study
of Rosie the Riveter in California, sponsored by the ranking minority
member of the House Committee on Resources the gentleman from
California (Mr. Miller).
I strongly urge all my colleagues to support the amendment to H.R.
4570, especially those Members, Republicans and Democrats alike, that
have sponsored legislation which is part of this package.

[[Page H9868]]

Request for Modification of Amendment No. 1 in the Nature of a
Substitute Offered by Mr. Hansen

Mr. HANSEN. Mr. Chairman, I ask unanimous consent that the amendment
I have just offered be modified to strike section 1504.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:

Mr. Hansen asks unanimous consent to modify his amendment
No. 1 in the nature of a substitute as follows: ``Strike
section 1504''.

The CHAIRMAN. Is there objection to the modification?
Mr. GALLEGLY. Reserving the right to object, Mr. Chairman. I rise
reluctantly because I have tremendous respect for my chairman. He has
done a yeoman's job. I do not know of anyone that has worked harder to
try to reach a consensus on a very difficult piece of legislation, a
very important piece of legislation. But I will reluctantly oppose the
unanimous consent.
The CHAIRMAN. Does the gentleman object?
Mr. GALLEGLY. I do object.
The CHAIRMAN. Objection is heard.
Mr. MILLER of California. Mr. Chairman, I yield 3 minutes to the
gentleman from Minnesota (Mr. Vento).
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Mr. Chairman, I do not object to the gentleman from Utah,
the chairman of the subcommittee, trying to improve this product. It
needs a lot of improvement. That is for sure. That much, we can agree
upon. I think he has made a step forward to improve it. But you
remember that sausage I was talking about a little earlier, about part
of it having some bad product in it. When you add spices to that
sausage, you can add a little more salt to it, for a preservative, I
might add, not to rub it in or anything, but in the end it still does
not pass the smell test and it still is not edible.
I appreciate the gentleman's effort to negotiate on his own, not with
me, not with the gentleman from California (Mr. Miller), not with the
administration, not with our good friend the gentleman from New York
(Mr. Boehlert), but the end result is that still the gentleman, as I
heard our chairman talk about, well, he looked over some of these bills
and he decided they were all right. Well, that is just fine. I am glad
that he decided that, and maybe you decided that with him. I trust your
judgment, but I think frankly that many of these provisions that have
not had hearings may be good provisions, they may not. I know that we
have worked hard on that subcommittee. I have sat through a lot of
hearings myself. I just think that we can do better than bringing this
sort of bill with 100 different provisions on the floor and trying to
pass it at this late date without the type of agreement. As I said
before, I think even with this sugar-coated substitute, these new
spices to the sausage and this new salt preservative that you are
trying to put in here to cure this, I think we have to go back and
start over and look at these provisions, and I think we could do an
omnibus bill. But I think at this point in the process, there does not
appear to be the willingness to excise from this all of the elements
which are a problem.
Frankly many of these provisions have passed and are in the other
body and are being sent to the President. I appreciate the fact that
all this work that has gone on for the last 2 years deserves positive
consideration. But this is not the way to get it done. I think trying
to put these things on the floor, and the reason I think that this is
being done is that this is a train that is being made to pull a lot of
bad policy into law. I think that is what you are trying to do. I think
it is the wrong way to do it. It is wrong to put this stuff in the
appropriation bills, it is wrong to put it in this omnibus bill and not
give it the type of deliberation and discussion that is deserved in
this.
This substitute, while I do not oppose it because I think that this
bill, as I have said, needs a lot of improvement but a lot more than
this substitute is providing today. In the end, I hope that the Members
will vote against this and join the environmental groups, the
administration, we now have a letter from the Secretary of Agriculture
which I believe should be put in the Record, the Secretary of the
Interior is against it, the administration itself is, the President has
stated his intention to veto if it ever were to get that far. I think
at this late date it just does a disservice to the Members who want to
get projects done to pursue a policy and an attitude on this floor that
is going nowhere fast.
Mr. MILLER of California. Mr. Chairman, I yield 3 minutes to the
gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Chairman, I have no objection to this amendment
which does make some real improvements in the bill. But I would simply
point out that the amendment does not fix the fundamental problems with
the bill which I have already outlined several times today, and others
have done the same.
Let me emphasize that this amendment, despite what Members may have
heard or seen reported, does not take care of the objections that the
environmentalists and the administration had with this bill. It does
not incorporate, as has been suggested, most of what I and other
moderates were seeking in negotiations. It does not touch the most
troubling parts of this bill.
So while I appreciate and support the amendment by the gentleman from
Utah (Mr. Hansen), I would urge my colleagues not to fall into thinking
that it makes the bill acceptable. Far from it. I continue to urge my
colleagues to oppose this bill.
Mr. HANSEN. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Utah.
Mr. HANSEN. Would the gentleman specifically tell me what the
environmental community objects to in this bill? I have heard that for
2, 3 hours now.
Mr. BOEHLERT. I will be glad to. I will share once again what I have
shared with the gentleman many times before, with members of his staff,
a whole list of objections.
Mr. HANSEN. A specific thing, not a generality if I could from the
gentleman from New York.
Mr. BOEHLERT. I will be glad to share this with my distinguished
chairman.
Mr. MILLER of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, the manager's amendment is really immaterial here. As
the gentleman from New York (Mr. Boehlert) has pointed out, it fails to
remove any of the fatal flaws that exist in this legislation. We have
been told now several times by the supporters of this bill that they
have compromised and they have worked with the administration and
others, except the fact of the matter is on those areas where they
talked to the administration, where they did not get the answers they
wanted, they just stopped talking and, therefore, the administration
continues to oppose the legislation.
We have just received a letter from the Department of Agriculture,
from the Secretary of Agriculture that continues to be opposed to the
Chugach Alaska provisions in this bill because it gives away much more
public land than is necessary and it gives it away without compensating
the taxpayers. That is why the taxpayer organizations continue to
oppose this. And it does it in an environmentally insensitive way. That
is why the environmental organizations continue to oppose this. And it
goes on and on and on and on.
What they have tried to do now in the 11th hour is add a little bit
of frosting to this old piece of legislation to see if they could get
one or two more votes to vote for it. The fact of the matter is that
this legislation remains unacceptable to a bipartisan coalition in this
House, to the major environmental organizations, to many local
environmental organizations and citizen organizations. This legislation
remains unacceptable to taxpayer organizations in this country and
remains unacceptable to the Department of Agriculture, to the
Department of Interior and to the administration. That is why it is
going to get a veto and that is why it is not going to get taken up in
the Senate. That is why we ought to kill it now and then go back to the
business of trying to put together legislation that deals with those
projects that have bipartisan support, that deals with those projects
that are noncontroversial in terms of the environmental insults, and
drop from this bill, or drop from this negotiation those items that are
far too controversial to allow them to be signed into law before

[[Page H9869]]

the end of this session. Those items should have been brought out here
on the floor of the Congress. They should have been debated openly. We
had many, many hours in every week of this session where we went home
in the middle of the afternoon, where we did not show up until Tuesday
night, where we left on Thursday morning and we could have been
debating this legislation. But the effort here has been to try to jam
the members of this Congress so the Members of this Congress would try
to jam this vote and to somehow agree because they got one small
project or one small commission or one small boundary change that
somehow they would then enable the real agenda of this legislation to
pass, which is huge environmental insults that cannot stand on their
own, cannot take the light of day, cannot take the scrutiny of any of
the citizens organizations or of the public interest or of the
taxpayers.
We ought not to be doing that. Members ought not to take and trade
their integrity for some small bill when this bill insults taxpayers,
when it is a waste of public moneys, when it insults the environmental
policy in this country in the manner in which it does. Members ought
not to make that trade. This bill ought to go down and then those
Members that have good pieces of legislation that are noncontroversial,
that are bipartisan and that have the support of environmental
organizations and the administration and taxpayer organizations, that
bill ought to be put together and it will pass out of here on unanimous
consent. That is how you legislate. That is how you bring environmental
progress to this country. You do not do it in the 11th hour at the end
of a session where you have had plenty of time and then try to see
whether or not you can squeeze every Member to vote against their
conscience so that somehow we can have these bills that have been
opposed for many, many, many months. Many months, where there has not
been discussion about them and bills that they have refused to submit
to the committee because the committee probably would not approve them,
bills that they have submitted to no hearings because the hearings
would be controversial and probably end up with people opposing the
legislation from local organizations and elsewhere. Now all of a sudden
they decide that all of that has got to be put into one bill and
Members are told to take it or leave it. The Members ought to leave it.
Then we ought to get back to the business of legislating legislation in
the environmental area, in the public lands area that we can be proud
of, that we can talk about and we can show the American people that we
care about the environmental assets of this country without destroying
them in the name of saving a few others in different parts of the
country.
I would urge Members on a bipartisan basis, my colleagues here, to
oppose this legislation and then let us get on with the people's
business.
Mr. Chairman, I yield the balance of my time to the gentleman from
Minnesota (Mr. Vento).
Mr. VENTO. Mr. Chairman, I just want to comment. I think it is
regrettable. At the end of the session we do not need this type of
polarization. I appreciate the gentleman from Utah attempting to
mollify some of the provisions in the bill that are troublesome, but
frankly it simply does not go far enough. I think my fear is at the end
of the session like this that Members want an opportunity to
demonstrate that they are against these types of provisions. We went
through this catharsis for the last 3\1/2\ years, in the last Congress
passing laws like logging without laws, riders on various things. I had
hoped that this session that we would at least be able to come to
compromise as we did toward the end of the last session, and I think
that that is possible. But this step is a step in the wrong direction.
I fear this will in fact end up polarizing the circumstances. I rise in
opposition to this bill again and ask Members to oppose it.

{time} 1515

Mr. HANSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Pombo).
Mr. POMBO. Mr. Chairman, I thank the gentleman for yielding this time
to me, and I come to the floor reluctantly opposed to the bill and
reluctantly opposed to the manager's amendment.
I heard the gentleman from California (Mr. Miller) a minute ago say
that the manager's amendment was inconsequential, that it really did
not do anything. Well, it does do things. It takes a lot of things out
of the bill that I care about, it takes things out that I think made
this bill better than it will be after the manager's amendment passes.
It also adopts a provision that will be included in this particular
bill that is known as the California Coastal Rocks and Islands
Wilderness Act of 1998 that I do not think anybody in this place knows
or has any clue how many thousands of rocks and islands and reefs and
everything else that will be included in that; nobody has any idea what
will be included in that. And I oppose including that in this bill.
I also believe that the gentleman from Utah (Mr. Hansen) went way too
far in accepting changes to try to make this bill work, and I know he
was trying to put a bill together that would work for people, he was
trying to put good legislation together that we could pass and that the
President would sign. But as far as this Member is concerned, he went
way too far. He went way too far in trying to codify and trying to
accept the things that these people that are down here complaining
about the bill wanted. He did not get a single vote for doing all that.
And as far as I am concerned, he ought to strip all that stuff out, and
then maybe we will vote on it.
But I appreciate the gentleman having yielded to me.
Mr. HANSEN. Mr. Chairman I yield myself such time as I may consume.
Mr. Chairman, I found this very interesting on this debate on the
Hansen amendment as I have not heard anyone talk to the Hansen
amendment except myself when we started out, and, as long as we have a
few minutes here, I really appreciate my friend from New York giving me
the final time in all this debate that we can find out what these
people object to, and they have a list of five here. I am having a very
difficult time seeing where it is in any part of the bill.
It would remove areas from wilderness protection. I guess they are
talking about one of these 90 something bills in the Cumberland where
there is a small little road goes through so people can have access.
That is as far as we can figure that out. Sets new weaker guidelines
for wilderness protection; I assume they are talking about the big horn
sheep which I talked about before where here we are trying to establish
a herd of desert big horn sheep, and it would not be called wilderness,
but it would be preserved. But I guess some people cannot get enough,
and the only place I know of in America where we can have a herd of big
horn sheep, but we are against those poor sheep. That is fine.
Veterinarians cannot go in and take care of them because they have to
do it with a helicopter, and we cannot have guzzlers to give them a
drink, but that is all right, if we just every little square inch of
grounds got to be wilderness. Forget these poor sheep in this thing.
This idea of the poor Indians up there in the tribe in Alaska, these
American natives, cannot have access to their own property. That is the
other one I see. So, if we have an emergency of some kind, let us fly a
plane in there in turbulent weather and kill everybody on board, and as
a past pilot I can tell you they would not get me to do it, but
apparently some have tried. We have had a lot of debts up there, but
let us worry about this one little road going across there so these
American natives can get out. We do not want that to happen. Keep every
square inch in there to take care of it.
Makes no sense to me, and that is all I can see on the omnibus park
bill that the environmentalists object to. That is all there seems to
be.
But on the flip side of the argument look at all of the good things
that are in this bill. I think it was interesting, my friend from
California says that Congressman Hansen went too far. My gosh, there is
435 big egos in this place, and everyone of us goes too far
occasionally. I am trying to work out a compromise; that is why it has
got so many things in for my friends on the other side of the aisle.
And again, there is no tent around here; we are trying to come up
with a compromise piece of legislation that we can be proud of. I do
not know. It is easy to stand in the kitchen and talk

[[Page H9870]]

to the kids and tell them how things go, but standing on this floor is
a lot harder, and I would hope people would realize, yes, I did not get
everything I wanted, I did not cross every T and dot every I and get
everything I personally wanted because my ego is so big I have got to
have it all. Let us just say here a good compromise, and drop these
egos around here and vote for something good for the American people
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment in the nature of a
substitute offered by the gentleman from Utah (Mr. Hansen).
The amendment in the nature of a substitute was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hastert) having assumed the chair, Mr. Ney, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 4570) to
provide for certain boundary adjustments and conveyances involving
public lands, to establish and improve the management of certain
heritage areas, historic areas, National Parks, wild and scenic rivers,
and national trails, to protect communities by reducing hazardous fuels
levels on public lands, and for other purposes, pursuant to House
Resolution 573, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule the previous question is
ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MILLER of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 123,
nays 302, not voting 9, as follows:

[Roll No. 489]

YEAS--123

Archer
Armey
Baker
Ballenger
Barr
Barrett (NE)
Barton
Bateman
Bereuter
Bliley
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Bunning
Burton
Buyer
Callahan
Calvert
Cannon
Chambliss
Christensen
Coble
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Deal
DeLay
Dickey
Dingell
Doolittle
Dreier
Duncan
Dunn
Fowler
Frelinghuysen
Gallegly
Gibbons
Gillmor
Goodling
Granger
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hunter
Istook
Jenkins
Johnson, Sam
Kim
Kingston
Knollenberg
Kolbe
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
Lucas
Maloney (CT)
McCollum
McDade
McHugh
McInnis
McKeon
Metcalf
Mica
Norwood
Ortiz
Oxley
Packard
Parker
Paxon
Pickering
Pitts
Radanovich
Redmond
Regula
Riley
Rogers
Ros-Lehtinen
Roukema
Royce
Salmon
Schaefer, Dan
Schaffer, Bob
Sessions
Shadegg
Shuster
Skeen
Smith (OR)
Smith (TX)
Snowbarger
Solomon
Souder
Spence
Stenholm
Stump
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wilson
Young (AK)

NAYS--302

Abercrombie
Ackerman
Aderholt
Allen
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Bass
Becerra
Bentsen
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (CA)
Brown (FL)
Brown (OH)
Burr
Camp
Campbell
Canady
Capps
Cardin
Carson
Castle
Chabot
Chenoweth
Clay
Clayton
Clement
Clyburn
Coburn
Condit
Conyers
Costello
Coyne
Cramer
Crapo
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Dooley
Doyle
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Fawell
Filner
Foley
Forbes
Ford
Fossella
Fox
Frank (MA)
Franks (NJ)
Frost
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Klug
Kucinich
LaHood
Lampson
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney (NY)
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntosh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Northup
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Pappas
Pascrell
Pastor
Paul
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Reyes
Riggs
Rivers
Rodriguez
Roemer
Rogan
Rohrabacher
Rothman
Roybal-Allard
Rush
Ryun
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Sherman
Shimkus
Sisisky
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith, Adam
Smith, Linda
Snyder
Spratt
Stabenow
Stark
Stearns
Stokes
Strickland
Stupak
Sununu
Talent
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tiahrt
Tierney
Torres
Towns
Traficant
Turner
Upton
Velazquez
Vento
Visclosky
Walsh
Waters
Watt (NC)
Waxman
Wexler
Weygand
White
Whitfield
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)

NOT VOTING--9

Fazio
Gekas
Hefner
Kennedy (MA)
Kennelly
LaFalce
McCrery
Poshard
Pryce (OH)

{time} 1543

Mrs. JOHNSON of Connecticut and Messrs. GRAHAM, NEY, ADERHOLT,
CUNNINGHAM, RUSH, KASICH, GOODLATTE, BACHUS And McHALE changed their
vote from ``yea'' to ``nay.''
Messrs. CALLAHAN, HEFLEY, LIPINSKI and ORTIZ changed their vote from
``nay'' to ``yea.''
So the bill was not passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________