[Congressional Record Volume 150, Number 138 (Tuesday, December 7, 2004)]
[Senate]
[Pages S11906-S11936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4082. Mr. THOMAS (for Mr. Lieberman) proposed an amendment to the 
concurrent resolution S. Con. Res. 78, condemning the repression of the 
Iranian Baha'i community and calling for the emancipation of Iranian 
Baha'is, as follows:

       Beginning with page 5, line 22, strike all through page 6, 
     line 7, and insert the following:
       ``(A) assert the concerns of the United States Government 
     regarding violations by the Iranian Government of the rights 
     of Iranian citizens, including members of the Baha'i 
     community;''.
                                 ______
                                 
  SA 4083. Mr. THOMAS (for Mr. Lieberman) proposed an amendment to the 
concurrent resolution S. Con. Res. 78, condemning the repression of the 
Iranian Baha'i community and calling for the emancipation of Iranian 
Baha'is; as follows:

       Insert after the fourth whereas clause the following:
       ``Whereas Iranian authorities destroyed a Baha'i holy site, 
     the tomb of Quddus, in February 2004, and the historic house 
     of the father of the founder of the Baha'i faith in June 
     2004, marking the first time in 25 years that Baha'i sites 
     have been destroyed;''.
       Strike the tenth whereas clause that begins ``Whereas as of 
     June 2003'' and insert the following:
       ``Whereas as of November 2004, one Baha'i remains in an 
     Iranian prison for converting from Islam to the Baha'i faith 
     in 1995;''.
                                 ______
                                 
  SA 4084. Mr. ALEXANDER (for Mr. Domenici) proposed an amendment to 
the bill H.R. 620, An act to authorize the Secretary of the Interior to 
provide supplemental funding and other services that are necessary to 
assist certain local school districts in the State of California in 
providing educational services for students attending schools located 
within Yosemite National Park, to authorize the secretary of the 
Interior to adjust the boundaries of the Golden Gate National 
Recreation Area, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

          TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS.

      SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.

       (a) In General.--(1) For fiscal years 2005 through 2008, 
     the Secretary of the Interior may provide funds to the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District in the State of California for 
     educational services to students--
       (A) who are dependents of persons engaged in the 
     administration, operation, and maintenance of Yosemite 
     National Park; or
       (B) who live within or near the park upon real property 
     owned by the United States.
       (2) The Secretary's authority to make payments under this 
     section shall terminate if the State of California or local 
     education agencies do not continue to provide funding to the 
     schools referred to in subsection (a) at per student levels 
     that are no less than the amount provided in fiscal year 
     2004.
       (b) Limitation on Use of Funds.--Payments made under this 
     section shall only be used to pay public employees for 
     educational services provided in accordance with subsection 
     (a). Payments may not be used for construction, construction 
     contracts, or major capital improvements.
       (c) Limitation on Amount of Funds.--Payments made under 
     this section shall not exceed the lesser of--
       (1) $400,000 in any fiscal year; or
       (2) the amount necessary to provide students described in 
     subsection (a) with educational services that are normally 
     provided and generally available to students who attend 
     public schools elsewhere in the State of California.
       (d) Source of Payments.--(1) Except as otherwise provided 
     in this subsection, the Secretary may use funds available to 
     the National Park Service from appropriations, donations, or 
     fees.
       (2) Funds from the following sources shall not be used to 
     make payments under this section:
       (A) Any law authorizing the collection or expenditure of 
     entrance or use fees at units of the National Park System, 
     including the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-4 et seq.); the recreational fee 
     demonstration program established under section 315 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1996 (16 U.S.C. 460l-6a note); and the 
     National Park Passport Program established under section 602 
     of the National Parks Omnibus Management Act of 1998 (16 
     U.S.C. 5992).
       (B) Emergency appropriations for flood recovery at Yosemite 
     National Park.
       (3)(A) The Secretary may use an authorized funding source 
     to make payments under this section only if the funding 
     available to Yosemite National Park from such source (after 
     subtracting any payments to the school districts authorized 
     under this section) is greater than or equal to the amount 
     made available to the park for the prior fiscal year, or in 
     fiscal year 2004, whichever is greater.
       (B) It is the sense of Congress that any payments made 
     under this section should not result in a reduction of funds 
     to Yosemite National Park from any specific funding

[[Page S11907]]

     source, and that with respect to appropriated funds, funding 
     levels should reflect annual increases in the park's 
     operating base funds that are generally made to units of the 
     National Park System.

     SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED 
                   OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
                   PARK.

       (a) Funding Authority for Transportation Systems and 
     External Facilities.--Section 814(c) of the Omnibus Parks and 
     Public Lands Management Act of 1996 (16 U.S.C. 346e) is 
     amended--
       (1) in the heading by inserting ``and Yosemite National 
     Park'' after ``Zion National Park'';
       (2) in the first sentence--
       (A) by inserting ``and Yosemite National Park'' after 
     ``Zion National Park''; and
       (B) by inserting ``for transportation systems or'' after 
     ``appropriated funds''; and
       (3) in the second sentence by striking ``facilities'' and 
     inserting ``systems or facilities''.
       (b) Clarifying Amendment for Transportation Fee 
     Authority.--Section 501 of the National Parks Omnibus 
     Management Act of 1998 (16 U.S.C. 5981) is amended in the 
     first sentence by striking ``service contract'' and inserting 
     ``service contract, cooperative agreement, or other 
     contractual arrangement''.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

     SEC. 201. SHORT TITLE.

        This title may be cited as the ``Rancho Corral de Tierra 
     Golden Gate National Recreation Area Boundary Adjustment 
     Act''.

     SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

       (a) Boundary Adjustment.--Section 2(a) of Public Law 92-589 
     (16 U.S.C. 460bb-1(a)) is amended--
       (1) by striking ``The recreation area shall comprise'' and 
     inserting the following:
       ``(1) Initial lands.--The recreation area shall comprise''; 
     and
       (2) by striking ``The following additional lands are also'' 
     and all that follows through the period at the end of the 
     subsection and inserting the following new paragraphs:
       ``(2) Additional lands.--In addition to the lands described 
     in paragraph (1), the recreation area shall include the 
     following:
       ``(A) The parcels numbered by the Assessor of Marin County, 
     California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 
     166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 
     166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 
     119-240-54, 166-010-12, 166-010-13, and 119-235-10.
       ``(B) Lands and waters in San Mateo County generally 
     depicted on the map entitled `Sweeney Ridge Addition, Golden 
     Gate National Recreation Area', numbered NRA GG-80,000-A, and 
     dated May 1980.
       ``(C) Lands acquired under the Golden Gate National 
     Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; 
     Public Law 102-299).
       ``(D) Lands generally depicted on the map entitled 
     `Additions to Golden Gate National Recreation Area', numbered 
     NPS-80-076, and dated July 2000/PWR-PLRPC.
       ``(E) Lands generally depicted on the map entitled `Rancho 
     Corral de Tierra Additions to the Golden Gate National 
     Recreation Area', numbered NPS-80,079E, and dated March 2004.
       ``(3) Acquisition limitation.--The Secretary may acquire 
     land described in paragraph (2)(E) only from a willing 
     seller.''.
       (b) Advisory Commission.--Section 5 of Public Law 92-589 
     (16 U.S.C. 460bb-4) is amended--
       (1) by striking subsection (b) and inserting the following 
     new subsection:
       ``(b) Membership.--The Commission shall be composed of 18 
     members appointed by the Secretary for terms of five years 
     each. In appointing such members, the Secretary shall ensure 
     that the interests of local, historic recreational users of 
     the recreation area are represented.''; and
       (2) in subsection (g), by striking ``cease to exist thirty 
     years after the enactment of this Act'' and inserting 
     ``terminate on December 31, 2014''.

     SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY 
                   COMMISSION.

       Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) 
     is amended by striking ``10 years after the date of enactment 
     of this title'' and inserting ``on December 31, 2013''.

                      TITLE III--OJITO WILDERNESS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Ojito Wilderness Act''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (4) Map.--The term ``map'' means the map entitled ``Ojito 
     Wilderness Act'' and dated October 1, 2004.
       (5) Wilderness.--The term ``Wilderness'' means the Ojito 
     Wilderness designated under section 303(a).

     SEC. 303. DESIGNATION OF THE OJITO WILDERNESS.

       (a) In General.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby 
     designated as wilderness, and, therefore, as a component of 
     the National Wilderness Preservation System, certain land in 
     the Albuquerque District-Bureau of Land Management, New 
     Mexico, which comprise approximately 11,183 acres, as 
     generally depicted on the map, and which shall be known as 
     the ``Ojito Wilderness''.
       (b) Map and Legal Description.--The map and a legal 
     description of the Wilderness shall--
       (1) 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 as soon as 
     practicable after the date of the enactment of this Act;
       (2) have the same force and effect as if included in this 
     title, except that the Secretary may correct clerical and 
     typographical errors in the legal description and map; and
       (3) be on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (c) Management of Wilderness.--Subject to valid existing 
     rights, the Wilderness shall be managed by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
     and this title, except that, with respect to the Wilderness, 
     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.
       (d) Management of Newly Acquired Land.--If acquired by the 
     United States, the following land shall become part of the 
     Wilderness and shall be managed in accordance with this title 
     and other laws applicable to the Wilderness:
       (1) Section 12 of township 15 north, range 01 west, New 
     Mexico Principal Meridian.
       (2) Any land within the boundaries of the Wilderness.
       (e) Management of Lands to Be Added.--The lands generally 
     depicted on the map as ``Lands to be Added'' shall become 
     part of the Wilderness if the United States acquires, or 
     alternative adequate access is available to, section 12 of 
     township 15 north, range 01 west.
       (f) Release.--The Congress hereby finds and directs that 
     the lands generally depicted on the map as ``Lands to be 
     Released'' 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 no 
     longer are subject to the requirement of section 603(c) of 
     such Act (43 U.S.C. 1782(c)) pertaining to the management of 
     wilderness study areas in a manner that does not impair the 
     suitability of such areas for preservation as wilderness.
       (g) Grazing.--Grazing of livestock in the Wilderness, where 
     established before the date of the enactment of this Act, 
     shall be administered in accordance with the provisions of 
     section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) 
     and the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the One Hundred First Congress (H. Rept. 101-
     405).
       (h) Fish and Wildlife.--As provided in section 4(d)(7) of 
     the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section shall be construed as affecting the jurisdiction or 
     responsibilities of the State with respect to fish and 
     wildlife in the State.
       (i) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as Wilderness by this title is arid 
     in nature and is generally not suitable for use or 
     development of new water resource facilities; and
       (B) because of the unique nature and hydrology of the 
     desert land designated as wilderness by this title, it is 
     possible to provide for proper management and protection of 
     the wilderness and other values of lands in ways different 
     from those used in other legislation.
       (2) Statutory construction.--Nothing in this title--
       (A) shall constitute or be construed to constitute either 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     wilderness by this title;
       (B) shall affect any water rights in the State existing on 
     the date of the enactment of this Act, including any water 
     rights held by the United States;
       (C) shall be construed as establishing a precedent with 
     regard to any future wilderness designations;
       (D) shall affect the interpretation of, or any designation 
     made pursuant to, any other Act; or
       (E) shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State and other States.
       (3) New mexico water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State in order to obtain and hold any water rights not in 
     existence on the date of enactment of this Act with respect 
     to the wilderness areas designated by this title.
       (4) New projects.--
       (A) Water resource facility.--As used in this subsection, 
     the term ``water resource facility''--
       (i) means irrigation and pumping facilities, reservoirs, 
     water conservation works, aqueducts, canals, ditches, 
     pipelines, wells, hydropower projects, and transmission and 
     other ancillary facilities, and other water diversion, 
     storage, and carriage structures; and
       (ii) does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in

[[Page S11908]]

     this Act, on and after the date of the enactment of this Act, 
     neither the President nor any other officer, employee, or 
     agent of the United States shall fund, assist, authorize, or 
     issue a license or permit for the development of any new 
     water resource facility within the wilderness area designated 
     by this title.
       (j) Withdrawal.--Subject to valid existing rights, the 
     Wilderness, the lands to be added under subsection (e), and 
     lands identified on the map as the ``BLM Lands Authorized to 
     be Acquired by the Pueblo of Zia'' are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (k) Exchange.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary shall seek to complete 
     an exchange for State land within the boundaries of the 
     Wilderness.

     SEC. 304. LAND HELD IN TRUST.

       (a) In General.--Subject to valid existing rights and the 
     conditions under subsection (d), all right, title, and 
     interest of the United States in and to the lands (including 
     improvements, appurtenances, and mineral rights to the lands) 
     generally depicted on the map as ``BLM Lands Authorized to be 
     Acquired by the Pueblo of Zia'' shall, on receipt of 
     consideration under subsection (c) and adoption and approval 
     of regulations under subsection (d), be declared by the 
     Secretary to be held in trust by the United States for the 
     Pueblo and shall be part of the Pueblo's Reservation.
       (b) Description of Lands.--The boundary of the lands 
     authorized by this section for acquisition by the Pueblo 
     where generally depicted on the map as immediately adjacent 
     to CR906, CR923, and Cucho Arroyo Road shall be 100 feet from 
     the center line of the road.
       (c) Consideration.--
       (1) In general.--In consideration for the conveyance 
     authorized under subsection (a), the Pueblo shall pay to the 
     Secretary the amount that is equal to the fair market value 
     of the land conveyed, as subject to the terms and conditions 
     in subsection (d), as determined by an independent appraisal.
       (2) Appraisal.--To determine the fair market value, the 
     Secretary shall conduct an appraisal paid for by the Pueblo 
     that is performed in accordance with the Uniform Appraisal 
     Standards for Federal Land Acquisitions and the Uniform 
     Standards of Professional Appraisal Practice.
       (3) Availability.--Any amounts paid under paragraph (1) 
     shall be available to the Secretary, without further 
     appropriation and until expended, for the acquisition from 
     willing sellers of land or interests in land in the State.
       (d) Public Access.--
       (1) In general.--Subject to paragraph (2), the declaration 
     of trust and conveyance under subsection (a) shall be subject 
     to the continuing right of the public to access the land for 
     recreational, scenic, scientific, educational, 
     paleontological, and conservation uses, subject to any 
     regulations for land management and the preservation, 
     protection, and enjoyment of the natural characteristics of 
     the land that are adopted by the Pueblo and approved by the 
     Secretary; Provided that the Secretary shall ensure that the 
     rights provided for in this paragraph are protected and that 
     a process for resolving any complaints by an aggrieved party 
     is established.
       (2) Conditions.--Except as provided in subsection (f)--
       (A) In general.--The land conveyed under subsection (a) 
     shall be maintained as open space, and the natural 
     characteristics of the land shall be preserved in perpetuity.
       (B) Prohibited uses.--The use of motorized vehicles (except 
     on existing roads or as is necessary for the maintenance and 
     repair of facilities used in connection with grazing 
     operations), mineral extraction, housing, gaming, and other 
     commercial enterprises shall be prohibited within the 
     boundaries of the land conveyed under subsection (a).
       (e) Rights of Way.--
       (1) Existing rights of way.--Nothing in this section shall 
     affect--
       (A) any validly issued right-of-way, or the renewal 
     thereof; or
       (B) the access for customary construction, operation, 
     maintenance, repair, and replacement activities in any right-
     of-way issued, granted, or permitted by the Secretary.
       (2) New rights of way and renewals.--
       (A) In general.--The Pueblo shall grant any reasonable 
     requests for rights-of-way for utilities and pipelines over 
     land acquired under subsection (a) that is designated as the 
     Rights-of-Way corridor #1 as established in the Rio Puerco 
     Resource Management Plan in effect on the date of the grant.
       (B) Administration.--Any right-of-way issued or renewed 
     after the date of the enactment of this Act over land 
     authorized to be conveyed by this section shall be 
     administered in accordance with the rules, regulations, and 
     fee payment schedules of the Department of the Interior, 
     including the Rio Puerco Resources Management Plan in effect 
     on the date of issuance or renewal of the right-of-way.
       (f) Judicial Relief.--
       (1) In general.--To enforce subsection (d), any person may 
     bring a civil action in the United States District Court for 
     the District of New Mexico seeking declaratory or injunctive 
     relief.
       (2) Sovereign immunity.--The Pueblo shall not assert 
     sovereign immunity as a defense or bar to a civil action 
     brought under paragraph (1).
       (3) Effect.--Nothing in this section--
       (A) authorizes a civil action against the Pueblo for money 
     damages, costs, or attorneys fees; or
       (B) except as provided in paragraph (2), abrogates the 
     sovereign immunity of the Pueblo.

          TITLE IV--WIND CAVE NATIONAL PARK BOUNDARY REVISION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Wind Cave National Park 
     Boundary Revision Act of 2004''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Map.--The term ``map'' means the map entitled ``Wind 
     Cave National Park Boundary Revision'', numbered 108/80,030, 
     and dated June 2002.
       (2) Park.--The term ``Park'' means the Wind Cave National 
     Park in the State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of South 
     Dakota.

     SEC. 403. LAND ACQUISITION.

       (a) Authority.--
       (1) In general.--The Secretary may acquire the land or 
     interest in land described in subsection (b)(1) for addition 
     to the Park.
       (2) Means.--An acquisition of land under paragraph (1) may 
     be made by donation, purchase from a willing seller with 
     donated or appropriated funds, or exchange.
       (b) Boundary.--
       (1) Map and acreage.--The land referred to in subsection 
     (a)(1) shall consist of approximately 5,675 acres, as 
     generally depicted on the map.
       (2) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (3) Revision.--The boundary of the Park shall be adjusted 
     to reflect the acquisition of land under subsection (a)(1).

     SEC. 404. ADMINISTRATION.

       (a) In General.--The Secretary shall administer any land 
     acquired under section 403(a)(1) as part of the Park in 
     accordance with laws (including regulations) applicable to 
     the Park.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--The Secretary shall transfer from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service administrative jurisdiction over 
     the land described in paragraph (2).
       (2) Map and acreage.--The land referred to in paragraph (1) 
     consists of the approximately 80 acres of land identified on 
     the map as ``Bureau of Land Management land''.

     SEC. 405. GRAZING.

       (a) Grazing Permitted.--Subject to any permits or leases in 
     existence as of the date of acquisition, the Secretary may 
     permit the continuation of livestock grazing on land acquired 
     under section 403(a)(1).
       (b) Limitation.--Grazing under subsection (a) shall be at 
     not more than the level existing on the date on which the 
     land is acquired under section 403(a)(1).
       (c) Purchase of Permit or Lease.--The Secretary may 
     purchase the outstanding portion of a grazing permit or lease 
     on any land acquired under section 403(a)(1).
       (d) Termination of Leases or Permits.--The Secretary may 
     accept the voluntary termination of a permit or lease for 
     grazing on any acquired land.

       TITLE V--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Blunt Reservoir and Pierre 
     Canal Land Conveyance Act of 2004''.

     SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL.

       (a) Definitions.--In this section:
       (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
     feature'' means the Blunt Reservoir feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (2) Commission.--The term ``Commission'' means the 
     Commission of Schools and Public Lands of the State.
       (3) Nonpreferential lease parcel.--The term 
     ``nonpreferential lease parcel'' means a parcel of land 
     that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a nonpreferential lease parcel by 
     the Secretary as of January 1, 2001, and is reflected as such 
     on the roster of leases of the Bureau of Reclamation for 
     2001.
       (4) Pierre canal feature.--The term ``Pierre Canal 
     feature'' means the Pierre Canal feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (5) Preferential leaseholder.--The term ``preferential 
     leaseholder'' means a person or descendant of a person that 
     held a lease on a preferential lease parcel as of January 1, 
     2001, and is reflected as such on the roster of leases of the 
     Bureau of Reclamation for 2001.
       (6) Preferential lease parcel.--The term ``preferential 
     lease parcel'' means a parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and

[[Page S11909]]

       (B) was considered to be a preferential lease parcel by the 
     Secretary as of January 1, 2001, and is reflected as such on 
     the roster of leases of the Bureau of Reclamation for 2001.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) State.--The term ``State'' means the State of South 
     Dakota, including a successor in interest of the State.
       (9) Unleased parcel.--The term ``unleased parcel'' means a 
     parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) is not under lease as of the date of enactment of this 
     Act.
       (b) Deauthorization.--The Blunt Reservoir feature is 
     deauthorized.
       (c) Acceptance of Land and Obligations.--
       (1) In general.--As a condition of each conveyance under 
     subsections (d)(5) and (e), respectively, the State shall 
     agree to accept--
       (A) in ``as is'' condition, the portions of the Blunt 
     Reservoir Feature and the Pierre Canal Feature that pass into 
     State ownership;
       (B) any liability accruing after the date of conveyance as 
     a result of the ownership, operation, or maintenance of the 
     features referred to in subparagraph (A), including liability 
     associated with certain outstanding obligations associated 
     with expired easements, or any other right granted in, on, 
     over, or across either feature; and
       (C) the responsibility that the Commission will act as the 
     agent for the Secretary in administering the purchase option 
     extended to preferential leaseholders under subsection (d).
       (2) Responsibilities of the state.--An outstanding 
     obligation described in paragraph (1)(B) shall inure to the 
     benefit of, and be binding upon, the State.
       (3) Oil, gas, mineral and other outstanding rights.--A 
     conveyance to the State under subsection (d)(5) or (e) or a 
     sale to a preferential leaseholder under subsection (d) shall 
     be made subject to--
       (A) oil, gas, and other mineral rights reserved of record, 
     as of the date of enactment of this Act, by or in favor of a 
     third party; and
       (B) any permit, license, lease, right-of-use, or right-of-
     way of record in, on, over, or across a feature referred to 
     in paragraph (1)(A) that is outstanding as to a third party 
     as of the date of enactment of this Act.
       (4) Additional conditions of conveyance to state.--A 
     conveyance to the State under subsection (d)(5) or (e) shall 
     be subject to the reservations by the United States and the 
     conditions specified in section 1 of the Act of May 19, 1948 
     (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
     the transfer of property to State agencies for wildlife 
     conservation purposes.
       (d) Purchase Option.--
       (1) In general.--A preferential leaseholder shall have an 
     option to purchase from the Commission, acting as an agent 
     for the Secretary, the preferential lease parcel that is the 
     subject of the lease.
       (2) Terms.--
       (A) In general.--Except as provided in subparagraph (B), a 
     preferential leaseholder may elect to purchase a parcel on 
     one of the following terms:
       (i) Cash purchase for the amount that is equal to--

       (I) the value of the parcel determined under paragraph (4); 
     minus
       (II) ten percent of that value.

       (ii) Installment purchase, with 10 percent of the value of 
     the parcel determined under paragraph (4) to be paid on the 
     date of purchase and the remainder to be paid over not more 
     than 30 years at 3 percent annual interest.
       (B) Value under $10,000.--If the value of the parcel is 
     under $10,000, the purchase shall be made on a cash basis in 
     accordance with subparagraph (A)(i).
       (3) Option exercise period.--
       (A) In general.--A preferential leaseholder shall have 
     until the date that is 5 years after enactment of this Act to 
     exercise the option under paragraph (1).
       (B) Continuation of leases.--Until the date specified in 
     subparagraph (A), a preferential leaseholder shall be 
     entitled to continue to lease from the Secretary the parcel 
     leased by the preferential leaseholder under the same terms 
     and conditions as under the lease, as in effect as of the 
     date of enactment of this Act.
       (4) Valuation.--
       (A) In general.--The value of a preferential lease parcel 
     shall be its fair market value for agricultural purposes 
     determined by an independent appraisal, exclusive of the 
     value of private improvements made by the leaseholders while 
     the land was federally owned before the date of the enactment 
     of this Act, in conformance with the Uniform Appraisal 
     Standards for Federal Land Acquisition.
       (B) Fair market value.--Any dispute over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (5) Conveyance to the state.--
       (A) In general.--If a preferential leaseholder fails to 
     purchase a parcel within the period specified in paragraph 
     (3)(A), the Secretary shall convey the parcel to the State of 
     South Dakota Department of Game, Fish, and Parks.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (6) Use of proceeds.--Proceeds of sales of land under this 
     title shall be deposited as miscellaneous funds in the 
     Treasury and such funds shall be made available, subject to 
     appropriations, to the State for the establishment of a trust 
     fund to pay the county taxes on the lands received by the 
     State Department of Game, Fish, and Parks under the bill.
       (e) Conveyance of Nonpreferential Lease Parcels and 
     Unleased Parcels.--
       (1) Conveyance by secretary to state.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall convey to the 
     South Dakota Department of Game, Fish, and Parks the 
     nonpreferential lease parcels and unleased parcels of the 
     Blunt Reservoir and Pierre Canal.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (2) Land exchanges for nonpreferential lease parcels and 
     unleased parcels.--
       (A) In general.--With the concurrence of the South Dakota 
     Department of Game, Fish, and Parks, the South Dakota 
     Commission of Schools and Public Lands may allow a person to 
     exchange land that the person owns elsewhere in the State for 
     a nonpreferential lease parcel or unleased parcel at Blunt 
     Reservoir or Pierre Canal, as the case may be.
       (B) Priority.--The right to exchange nonpreferential lease 
     parcels or unleased parcels shall be granted in the following 
     order or priority:
       (i) Exchanges with current lessees for nonpreferential 
     lease parcels.
       (ii) Exchanges with adjoining and adjacent landowners for 
     unleased parcels and nonpreferential lease parcels not 
     exchanged by current lessees.
       (C) Easement for water conveyance structure.--As a 
     condition of the exchange of land of the Pierre Canal Feature 
     under this paragraph, the United States reserves a perpetual 
     easement to the land to allow for the right to design, 
     construct, operate, maintain, repair, and replace a pipeline 
     or other water conveyance structure over, under, across, or 
     through the Pierre Canal feature.
       (f) Release From Liability.--
       (1) In general.--Effective on the date of conveyance of any 
     parcel under this title, the United States shall not be held 
     liable by any court for damages of any kind arising out of 
     any act, omission, or occurrence relating to the parcel, 
     except for damages for acts of negligence committed by the 
     United States or by an employee, agent, or contractor of the 
     United States, before the date of conveyance.
       (2) No additional liability.--Nothing in this section adds 
     to any liability that the United States may have under 
     chapter 171 of title 28, United States Code (commonly known 
     as the ``Federal Tort Claims Act'').
       (g) Requirements Concerning Conveyance of Lease Parcels.--
       (1) Interim requirements.--During the period beginning on 
     the date of enactment of this Act and ending on the date of 
     conveyance of the parcel, the Secretary shall continue to 
     lease each preferential lease parcel or nonpreferential lease 
     parcel to be conveyed under this section under the terms and 
     conditions applicable to the parcel on the date of enactment 
     of this Act.
       (2) Provision of parcel descriptions.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall provide the State a full legal description of all 
     preferential lease parcels and nonpreferential lease parcels 
     that may be conveyed under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this title $750,000 to 
     reimburse the Secretary for expenses incurred in implementing 
     this title, and such sums as are necessary to reimburse the 
     Commission for expenses incurred implementing this title, not 
     to exceed 10 percent of the cost of each transaction 
     conducted under this title.

            TITLE VI--HOLLOMAN AIR FORCE BASE LAND EXCHANGE

     SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN VICINITY 
                   OF HOLLOMAN AIR FORCE BASE, NEW MEXICO.

       (a) Conveyance of Public Land.--In exchange for the land 
     described in subsection (b), the Secretary of the Interior 
     shall convey to Randal, Jeffrey, and Timothy Rabon of Otero 
     County, New Mexico (in this section referred to as the 
     ``Rabons''), all right, title, and interest of the United 
     States in and to certain public land administered by the 
     Secretary through the Bureau of Land Management consisting of 
     a total of approximately 320 acres, as depicted on the map 
     entitled ``Alamogordo Rabon Land Exchange'' and dated 
     September 24, 2004, and more specifically described as 
     follows:
       (1) SE1/4 of section 6, township 17 south, range 10 east, 
     New Mexico principal meridian.
       (2) N1/2N1/2 of section 7, township 17 south, range 10 
     east, New Mexico principal meridian.

[[Page S11910]]

       (b) Consideration.--As consideration for the conveyance of 
     the real property under subsection (a), the Rabons shall 
     convey to the United States all right, title, and interest 
     held by the Rabons in and to three parcels of land depicted 
     on the map referred to in subsection (a), which consists of 
     approximately 241 acres, is contiguous to Holloman Air Force 
     Base, New Mexico, and is located within the required safety 
     zone surrounding munitions storage bunkers at the 
     installation. The Secretary shall assume jurisdiction over 
     the land acquired under this subsection. The three parcels 
     are more specifically described as follows:
       (1) Lot 4 in the S1/2 of section 30, township 16 south, 
     range 9 east, New Mexico principal meridian, consisting of 
     approximately 17.6 acres.
       (2) E1/2SW1/4 of section 31, township 16 south, range 9 
     east, New Mexico principal meridian, consisting of 
     approximately 80 acres.
       (3) Lots 1, 2, 3, and 4 of section 31, township 16 south, 
     range 9 east, New Mexico principal meridian, consisting of 
     approximately 143 acres.
       (c) Interests Included in Exchange.--Subject to valid 
     existing rights, the land exchange under this section shall 
     include conveyance of all surface, subsurface, mineral, and 
     water rights in the lands.
       (d) Compliance With Existing Law.--(1) The Secretary shall 
     carry out the land exchange under this section in the manner 
     provided in section 206 of the Federal Land Policy Management 
     Act of 1976 (43 U.S.C. 1716). Notwithstanding subsection (b) 
     of such section, if necessary, a cash equalization payment 
     may be made in excess of 25 percent of the appraised value 
     the public land to be conveyed under subsection (a).
       (2) The cost of the appraisals performed as part of the 
     land exchange shall be borne by the Secretary.
       (e) Additional Terms and Conditions.--The Secretary 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.

        TITLE VII--COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

     SEC. 701. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       (a) In General.--Section 19(b) of Public Law 99-396 (48 
     U.S.C. 1469a-1) is amended by adding at the end the 
     following: ``Amounts to be covered over pursuant to section 
     703(b) of the Covenant to establish the Commonwealth of the 
     Northern Mariana Islands shall include the proceeds of all 
     taxes, fees, and other collections, including on estates and 
     gifts, derived from the Commonwealth or activities therein or 
     its inhabitants and residents, with the sole exception of 
     taxes imposed under chapters 2 and 21 of the Internal Revenue 
     Code of 1986, as specifically excluded under 703(b) of the 
     Covenant, together with interest on any amounts not covered 
     over within 1 year of the date of receipt.''.
       (b) Settlement.--The Secretary of the Interior shall review 
     the analysis and methodology submitted by the Commonwealth of 
     the Northern Mariana Islands for amounts due under section 
     703(b) of the Covenant to Establish a Commonwealth of the 
     Northern Mariana Islands in Political Union with the United 
     States of America (90 Stat. 263) and shall negotiate with the 
     Governor of the Commonwealth to reach a settlement for all 
     past due sums set forth in the analysis as well as other 
     sums, such as excise taxes and other collections applicable 
     in or to the Commonwealth. Any settlement shall be 
     conditioned on the Commonwealth executing a full and final 
     release of any and all claims under section 703(b) of the 
     Covenant and submission of a plan for the expenditure of all 
     funds for essential infrastructure for education and water.

   TITLE VIII--UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``United States-Mexico 
     Transboundary Aquifer Assessment Act''.

     SEC. 802. PURPOSE.

       The purpose of this title is to direct the Secretary of the 
     Interior to establish a United States-Mexico transboundary 
     aquifer assessment program to--
       (1) systematically assess priority transboundary aquifers; 
     and
       (2) provide the scientific foundation necessary for State 
     and local officials to address pressing water resource 
     challenges in the United States-Mexico border region.

     SEC. 803. DEFINITIONS.

       In this title:
       (1) Aquifer.--The term ``aquifer'' means a subsurface 
     water-bearing geologic formation from which significant 
     quantities of water may be extracted.
       (2) Border state.--The term ``Border State'' means each of 
     the States of Arizona, California, New Mexico, and Texas.
       (3) Indian tribe.--The term ``Indian tribe'' means an 
     Indian tribe, band, nation, or other organized group or 
     community--
       (A) that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians; and
       (B) the reservation of which includes a transboundary 
     aquifer within the exterior boundaries of the reservation.
       (4) Priority transboundary aquifer.--The term ``priority 
     transboundary aquifer'' means a transboundary aquifer that 
     has been designated for study and analysis under the program.
       (5) Program.--The term ``program'' means the United States-
     Mexico transboundary aquifer assessment program established 
     under section 804(a).
       (6) Reservation.--The term ``reservation'' means land that 
     has been set aside or that has been acknowledged as having 
     been set aside by the United States for the use of an Indian 
     tribe, the exterior boundaries of which are more particularly 
     defined in a final tribal treaty, agreement, executive order, 
     Federal statute, secretarial order, or judicial 
     determination.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Geological Survey.
       (8) Transboundary aquifer.--The term ``transboundary 
     aquifer'' means an aquifer that underlies the boundary 
     between the United States and Mexico.
       (9) Tri-regional planning group.--The term ``Tri-Regional 
     Planning Group'' means the binational planning group 
     comprised of--
       (A) the Junta Municipal de Agua y Saneamiento de Ciudad 
     Juarez;
       (B) the El Paso Water Utilities Public Service Board; and
       (C) the Lower Rio Grande Water Users Organization.
       (10) Water resources research institutes.--The term ``water 
     resources research institutes'' means the institutes within 
     the Border States established under section 104 of the Water 
     Resources Research Act of 1984 (42 U.S.C. 10303).

     SEC. 804. ESTABLISHMENT OF PROGRAM.

       (a) In General.--The Secretary, in consultation and 
     cooperation with the Border States, the water resources 
     research institutes, Sandia National Laboratories, and other 
     appropriate entities in the United States and Mexico, shall 
     carry out the United States-Mexico transboundary aquifer 
     assessment program to characterize, map, and model 
     transboundary groundwater resources along the United States-
     Mexico border at a level of detail determined to be 
     appropriate for the particular aquifer.
       (b) Objectives.--The objectives of the program are to--
       (1) develop and implement an integrated scientific approach 
     to assess transboundary groundwater resources, including--
       (A)(i) identifying fresh and saline transboundary aquifers; 
     and
       (ii) prioritizing the transboundary aquifers for further 
     analysis by assessing--
       (I) the proximity of the transboundary aquifer to areas of 
     high population density;
       (II) the extent to which the transboundary aquifer is used;
       (III) the susceptibility of the transboundary aquifer to 
     contamination; and
       (IV) any other relevant criteria;
       (B) evaluating all available data and publications as part 
     of the development of study plans for each priority 
     transboundary aquifer;
       (C) creating a new, or enhancing an existing, geographic 
     information system database to characterize the spatial and 
     temporal aspects of each priority transboundary aquifer; and
       (D) using field studies, including support for and 
     expansion of ongoing monitoring and metering efforts, to 
     develop--
       (i) the additional data necessary to adequately define 
     aquifer characteristics; and
       (ii) scientifically sound groundwater flow models to assist 
     with State and local water management and administration, 
     including modeling of relevant groundwater and surface water 
     interactions;
       (2) expand existing agreements, as appropriate, between the 
     United States Geological Survey, the Border States, the water 
     resources research institutes, and appropriate authorities in 
     the United States and Mexico, to--
       (A) conduct joint scientific investigations;
       (B) archive and share relevant data; and
       (C) carry out any other activities consistent with the 
     program; and
       (3) produce scientific products for each priority 
     transboundary aquifer that--
       (A) are capable of being broadly distributed; and
       (B) provide the scientific information needed by water 
     managers and natural resource agencies on both sides of the 
     United States-Mexico border to effectively accomplish the 
     missions of the managers and agencies.
       (c) Designation of Priority Transboundary Aquifers.--
       (1) In general.--For purposes of the program, the Secretary 
     shall designate as priority transboundary aquifers--
       (A) the Hueco Bolson and Mesilla aquifers underlying parts 
     of Texas, New Mexico, and Mexico; and
       (B) the Santa Cruz River Valley aquifers underlying Arizona 
     and Sonora, Mexico.
       (2) Additional aquifers.--The Secretary shall, using the 
     criteria under subsection (b)(1)(A)(ii), evaluate and 
     designate additional priority transboundary aquifers.
       (d) Cooperation With Mexico.--To ensure a comprehensive 
     assessment of transboundary aquifers, the Secretary shall, to 
     the maximum extent practicable, work with appropriate Federal 
     agencies and other organizations to develop partnerships 
     with, and receive input from, relevant organizations in 
     Mexico to carry out the program.
       (e) Grants and Cooperative Agreements.--The Secretary may 
     provide grants or enter into cooperative agreements and other 
     agreements with the water resources

[[Page S11911]]

     research institutes and other Border State entities to carry 
     out the program.

     SEC. 805. IMPLEMENTATION OF PROGRAM.

       (a) Coordination With States, Tribes, and Other Entities.--
     The Secretary shall coordinate the activities carried out 
     under the program with--
       (1) the appropriate water resource agencies in the Border 
     States;
       (2) any affected Indian tribes; and
       (3) any other appropriate entities that are conducting 
     monitoring and metering activity with respect to a priority 
     transboundary aquifer.
       (b) New Activity.--After the date of enactment of this Act, 
     the Secretary shall not initiate any new field studies or 
     analyses under the program before consulting with, and 
     coordinating the activity with, any Border State water 
     resource agencies that have jurisdiction over the aquifer.
       (c) Study Plans; Cost Estimates.--
       (1) In general.--The Secretary shall work closely with 
     appropriate Border State water resource agencies, water 
     resources research institutes, and other relevant entities to 
     develop a study plan, timeline, and cost estimate for each 
     priority transboundary aquifer to be studied under the 
     program.
       (2) Requirements.--A study plan developed under paragraph 
     (1) shall, to the maximum extent practicable--
       (A) integrate existing data collection and analyses 
     conducted with respect to the priority transboundary aquifer;
       (B) if applicable, improve and strengthen existing 
     groundwater flow models developed for the priority 
     transboundary aquifer; and
       (C) be consistent with appropriate State guidelines and 
     goals.

     SEC. 806. EFFECT.

       Nothing in this title affects--
       (1) the jurisdiction or responsibility of a Border State 
     with respect to managing surface or groundwater resources in 
     the Border State; or
       (2) the water rights of any person or entity using water 
     from a transboundary aquifer.

     SEC. 807. REPORTS.

       Not later than 5 years after the date of enactment of this 
     Act, and on completion of the program in fiscal year 2014, 
     the Secretary shall submit to the appropriate water resource 
     agency in the Border States, an interim and final report, 
     respectively, that describes--
       (1) any activities carried out under the program;
       (2) any conclusions of the Secretary relating to the status 
     of transboundary aquifers; and
       (3) the level of participation in the program of entities 
     in Mexico.

     SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $50,000,000 for the period of fiscal 
     years 2005 through 2014.
       (b) Distribution of Funds.--Of the amounts made available 
     under subsection (a), 50 percent shall be made available to 
     the water resources research institutes to provide funding to 
     appropriate entities in the Border States (including Sandia 
     National Laboratories, State agencies, universities, the Tri-
     Regional Planning Group, and other relevant organizations) 
     and Mexico to conduct activities under the program, including 
     the binational collection and exchange of scientific data.

           TITLE IX--CASTILLO DE SAN MARCOS NATIONAL MONUMENT

 Subtitle A--Castillo de San Marcos National Monument Preservation Act

     SEC. 901. SHORT TITLE.

       This subtitle may be cited as the ``Castillo de San Marcos 
     National Monument Preservation and Education Act''.

     SEC. 902. VISITOR CENTER.

       (a) Authorization.--Subject to the availability of 
     appropriations and the project being prioritized in the 
     National Park Services 5-year, line-item construction 
     program, the Secretary of the Interior (referred to in this 
     section as the ``Secretary'') may design and construct a 
     Visitor Center for the Castillo de San Marcos National 
     Monument (referred to in this section as the ``Monument'').
       (b) Preferred Alternative.--The Visitor Center authorized 
     in subsection (a) shall be located and constructed in 
     accordance with the Preferred Alternative identified in the 
     Record of Decision for the General Management Plan for the 
     Monument, expected to be signed in 2005.

     SEC. 903. COOPERATIVE AGREEMENT.

       The Secretary may enter into cooperative agreements with 
     the City of St. Augustine, Florida, the Colonial St. 
     Augustine Preservation Foundation, other Federal, State, and 
     local departments or agencies, academic institutions, and 
     non-profit entities for the planning and design, 
     construction, management, and operation of the Visitor 
     Center.

     SEC. 904. BOUNDARY EXPANSION.

       (a) Property Acquisition.--If the Preferred Alternative for 
     the Visitor Center authorized by section 902 is located 
     outside the boundary of the Monument, the Secretary is 
     authorized to acquire the site for the Visitor Center, from 
     willing sellers, by donation, purchase with donated or 
     appropriated funds, or by exchange.
       (b) Administration of Newly Acquired Land.--Land added to 
     the Monument pursuant to subsection (a) shall be administered 
     by the Secretary in accordance with applicable laws and 
     regulations.
       (c) Boundary Modification.--The boundary of the Monument 
     shall be modified to reflect the acquisition of land 
     authorized in subsection (a) after completion of the 
     acquisition.

     SEC. 905. PROJECT APPROVAL.

       Prior to initiating any planning, design, or construction 
     on the Visitor Center authorized by section 902, the project 
     must be reviewed and approved by the National Park Service 
     consistent with partnership construction guidelines 
     established by that agency.

     Subtitle B--Castillo de San Marcos National Monument Boundary 
                              Modification

     SEC. 911. SHORT TITLE.

       This subtitle may be cited as the ``Castillo de San Marcos 
     National Monument Boundary Adjustment Act of 2004''.

     SEC. 912. FINDINGS.

       Congress finds the following:
       (1) The early defense lines for Fort Marion, Florida, today 
     known as the Castillo de San Marcos National Monument, 
     included defenses extending in a line due west to the 
     Sebastian River, a distance of about one half mile.
       (2) In the 1830's, during the Seminole Wars in Florida, 
     these defensive lines were maintained, but as Florida became 
     more settled they fell into disrepair and/or became obsolete.
       (3) In 1908 the War Department deeded much of the property 
     running west to the Sebastian River to the St. Johns County 
     Board of Public Instruction. The portion of this property 
     remaining in federal ownership today is occupied by Orange 
     Street, a City of St. Augustine, Florida street.
       (4) For nearly a century, the City of St. Augustine has 
     maintained and managed Orange Street, a modern city street, 
     and associated utilities in the Orange Street corridor.
       (5) Any archeological remains that are still present on the 
     property overlaid by Orange Street are adequately protected 
     by the City's archeological ordinances, and by the City 
     having an archeologist on staff.
       (6) Although the city currently operates Orange Street 
     under a right-of-way from the National Park Service, from a 
     management perspective it is appropriate for the City of St. 
     Augustine to own Orange Street.

     SEC. 913. BOUNDARY ADJUSTMENT.

       (a) Conveyance of Land.--The Secretary of the Interior 
     shall convey, without consideration, to the City of St. 
     Augustine, Florida, all right, title, and interest of the 
     United States in and to the lands known as Orange Street, a 
     portion of the Castillo de San Marcos National Monument 
     (Monument), consisting of approximately 3.1 acres, as shown 
     on the map entitled Castillo de San Marcos National Monument 
     Boundary Adjustment and Correction, numbered 343/80060, and 
     dated April 2003. Upon completion of the conveyance, the 
     Secretary shall revise the boundary of the Monument to 
     exclude the land conveyed.
       (b) Boundary Revision.--Effective on the date of the 
     enactment of this Act, the boundary of the Monument is 
     revised to include an area of approximately 0.45 acres, as 
     shown on the map identified in subsection (a). The Secretary 
     shall administer the lands included in the boundary as part 
     of the national monument in accordance with applicable laws 
     and regulations.

     TITLE X--NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Northern California 
     Coastal Wild Heritage Wilderness Act''.

     SEC. 1002. DEFINITION OF SECRETARY.

       In this title, the term ``Secretary'' means--
       (1) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (2) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.

     SEC. 1003. DESIGNATION OF WILDERNESS AREAS.

       In accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the following areas in the State of California are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Snow mountain wilderness addition.--
       (A) In general.--Certain land in the Mendocino National 
     Forest, comprising approximately 23,312 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall considered to be a part of the 
     ``Snow Mountain Wilderness'', as designated by section 
     101(a)(31) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Skeleton Glade Unit, Snow Mountain 
     Proposed Wilderness Addition, Mendocino National Forest'' and 
     dated September 17, 2004; and
       (ii) the map entitled ``Bear Creek/Deafy Glade Unit, Snow 
     Mountain Wilderness Addition, Mendocino National Forest'' and 
     dated September 17, 2004.
       (2) Sanhedrin wilderness.--Certain land in the Mendocino 
     National Forest, comprising approximately 10,571 acres, as 
     generally depicted on the map entitled ``Sanhedrin Proposed 
     Wilderness, Mendocino National Forest'' and dated September 
     17, 2004, which shall be known as the ``Sanhedrin 
     Wilderness''.
       (3) Yuki wilderness.--Certain land in the Mendocino 
     National Forest and certain land administered by the Bureau 
     of Land Management in Lake and Mendocino Counties, 
     California, together comprising approximately

[[Page S11912]]

     54,087 acres, as generally depicted on the map entitled 
     ``Yuki Proposed Wilderness'' and dated October 28, 2004, 
     which shall be known as the ``Yuki Wilderness''.
       (4) Yolla bolly-middle eel wilderness addition.--Certain 
     land in the Mendocino National Forest and certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, together comprising approximately 25,806 
     acres, as generally depicted on the map entitled ``Middle 
     Fork Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle 
     Eel Proposed Wilderness Addition'' and dated October 28, 
     2004, is incorporated in and shall considered to be a part of 
     the Yolla Bolly-Middle Eel Wilderness, as designated by 
     section 3 of the Wilderness Act (16 U.S.C. 1132).
       (5) Mad river buttes wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 6,494 acres, 
     as generally depicted on the map entitled ``Mad River Buttes, 
     Mad River Proposed Wilderness'' and dated September 17, 2004, 
     which shall be known as the ``Mad River Buttes Wilderness''.
       (6) Siskiyou wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 48,754 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall be considered to be a part of the 
     Siskiyou Wilderness, as designated by section 101(a)(30) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Bear Basin Butte Unit, Siskiyou 
     Proposed Wilderness Additions, Six Rivers National Forest'' 
     and dated October 28, 2004;
       (ii) the map entitled ``Blue Creek Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     October 28, 2004;
       (iii) the map entitled ``Blue Ridge Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004;
       (iv) the map entitled ``Broken Rib Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004; and
       (v) the map entitled ``Wooly Bear Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 27, 2004.
       (7) Mount lassic wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 7,279 acres, 
     as generally depicted on the map entitled ``Mt. Lassic 
     Proposed Wilderness'' and dated September 17, 2004, which 
     shall be known as the ``Mount Lassic Wilderness''.
       (8) Trinity alps wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 28,805 acres, as generally 
     depicted on the maps described in subparagraph (B) and which 
     is incorporated in and shall be considered to be a part of 
     the Trinity Alps Wilderness as designated by section 
     101(a)(34) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Orleans Mountain Unit (Boise Creek), 
     Trinity Alps Proposed Wilderness Addition, Six Rivers 
     National Forest'', and dated October 28, 2004;
       (ii) the map entitled ``East Fork Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004;
       (iii) the map entitled ``Horse Linto Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004; and
       (iv) the map entitled ``Red Cap Unit, Trinity Alps Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     September 17, 2004.
       (9) Underwood wilderness.--Certain land in the Six Rivers 
     National Forest, comprising approximately 2,977 acres, as 
     generally depicted on the map entitled ``Underwood Proposed 
     Wilderness, Six Rivers National Forest'' and dated September 
     17, 2004, which shall be known as the ``Underwood 
     Wilderness''.
       (10) Cache creek wilderness.--Certain land administered by 
     the Bureau of Land Management in Lake County, California, 
     comprising approximately 30,870 acres, as generally depicted 
     on the map entitled ``Cache Creek Wilderness Area'' and dated 
     September 27, 2004, which shall be known as the ``Cache Creek 
     Wilderness''.
       (11) Cedar roughs wilderness.--Certain land administered by 
     the Bureau of Land Management in Napa County, California, 
     comprising approximately 6,350 acres, as generally depicted 
     on the map entitled ``Cedar Roughs Wilderness Area'' and 
     dated September 27, 2004, which shall be known as the ``Cedar 
     Roughs Wilderness''.
       (12) South fork eel river wilderness.--Certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, comprising approximately 12,915 acres, as 
     generally depicted on the map entitled ``South Fork Eel River 
     Wilderness Area and Elkhorn Ridge Potential Wilderness'' and 
     dated September 27, 2004, which shall be known as the ``South 
     Fork Eel River Wilderness''.
       (13) King range wilderness.--
       (A) In general.--Certain land administered by the Bureau of 
     Land Management in Humboldt and Mendocino Counties, 
     California, comprising approximately 42,585 acres, as 
     generally depicted on the map entitled ``King Range 
     Wilderness'', and dated November 12, 2004, which shall be 
     known as the ``King Range Wilderness''.
       (B) Applicable law.--With respect to the wilderness 
     designated by subparagraph (A), in the case of a conflict 
     between this title and Public Law 91-476 (16 U.S.C. 460y et 
     seq.), the more restrictive provision shall control.
       (14) Rocks and islands.--
       (A) In general.--All Federally-owned rocks, islets, and 
     islands (whether named or unnamed and surveyed or unsurveyed) 
     that are located--
       (i) not more than 3 geographic miles off the coast of the 
     King Range National Conservation Area; and
       (ii) above mean high tide.
       (B) Applicable law.--In the case of a conflict between this 
     title and Proclamation No. 7264 (65 Fed. Reg. 2821), the more 
     restrictive provision shall control.

     SEC. 1004. ADMINISTRATION OF WILDERNESS AREAS.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this title shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the wilderness.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     title with--
       (A) the Committee on Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area designated by this 
     title that is acquired by the Federal Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this title, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (d) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness by this title is withdrawn from all 
     forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (e) Fire, Insect, and Disease Management Activities.--
       (1) In general.--The Secretary may take such measures in 
     the wilderness areas designated by this title as are 
     necessary for the control and prevention of fire, insects, 
     and diseases, in accordance with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) House Report No. 98-40 of the 98th Congress.
       (2) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall review existing 
     policies applicable to the wilderness areas designated by 
     this title to ensure that authorized approval procedures for 
     any fire management measures allow a timely and efficient 
     response to fire emergencies in the wilderness areas.
       (f) Access to Private Property.--
       (1) In general.--The Secretary shall provide any owner of 
     private property within the boundary of a wilderness area 
     designated by this title adequate access to such property to 
     ensure the reasonable use and enjoyment of the property by 
     the owner.
       (2) King range wilderness.--
       (A) In general.--Subject to subparagraph (B), within the 
     wilderness designated by section 1003(13), the access route 
     depicted on the map for private landowners shall also be 
     available for invitees of the private landowners.
       (B) Limitation.--Nothing in subparagraph (A) requires the 
     Secretary to provide any access to the landowners or invitees 
     beyond the access that would be available if the wilderness 
     had not been designated.
       (g) Snow Sensors and Stream Gauges.--If the Secretary 
     determines that hydrologic, meteorologic, or climatological 
     instrumentation is appropriate to further the scientific, 
     educational, and conservation purposes of the wilderness 
     areas designated by this title, nothing in this title 
     prevents the installation and maintenance of the 
     instrumentation within the wilderness areas.
       (h) Military Activities.--Nothing in this title precludes 
     low-level overflights of military aircraft, the designation 
     of new units of special airspace, or the use or establishment

[[Page S11913]]

     of military flight training routes over wilderness areas 
     designated by this title.
       (i) Livestock.--Grazing of livestock and the maintenance of 
     existing facilities related to grazing in wilderness areas 
     designated by this title, where established before the date 
     of enactment of this Act, shall be permitted to continue in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (j) Fish and Wildlife Management.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
     carry out management activities to maintain or restore fish 
     and wildlife populations and fish and wildlife habitats in 
     wilderness areas designated by this title if such activities 
     are--
       (A) consistent with applicable wilderness management plans; 
     and
       (B) carried out in accordance with applicable guidelines 
     and policies.
       (2) State jurisdiction.--Nothing in this title affects the 
     jurisdiction of the State of California with respect to fish 
     and wildlife on the public land located in the State.
       (k) Use by Members of Indian Tribes.--
       (1) Access.--In recognition of the past use of wilderness 
     areas designated by this title by members of Indian tribes 
     for traditional cultural and religious purposes, the 
     Secretary shall ensure that Indian tribes have access to the 
     wilderness areas for traditional cultural and religious 
     purposes.
       (2) Temporary closures.--
       (A) In general.--In carrying out this section, the 
     Secretary, on request of an Indian tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area to protect the privacy of the members of the 
     Indian tribe in the conduct of the traditional cultural and 
     religious activities in the wilderness area.
       (B) Requirement.--Any closure under subparagraph (A) shall 
     be made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out.
       (3) Applicable law.--Access to the wilderness areas under 
     this subsection shall be in accordance with--
       (A) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (l) Adjacent Management.--
       (1) In general.--Nothing in this title creates protective 
     perimeters or buffer zones around any wilderness area 
     designated by this title.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area designated by this title shall not preclude 
     the conduct of those activities or uses outside the boundary 
     of the wilderness area.

     SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this title or any previous Act has been 
     adequately studied for wilderness.
       (b) Description of Study Areas.--The study areas referred 
     to in subsection (a) are--
       (1) the King Range Wilderness Study Area;
       (2) the Chemise Mountain Instant Study Area;
       (3) the Red Mountain Wilderness Study Area;
       (4) the Cedar Roughs Wilderness Study Area; and
       (5) those portions of the Rocky Creek/Cache Creek 
     Wilderness Study Area in Lake County, California which are 
     not in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
       (c) Release.--Any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this title or any other Act enacted before the 
     date of enactment of this Act shall not be subject to section 
     603(c) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1782(c)).

     SEC. 1006. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain public land 
     in the State administered by the Bureau of Land Management, 
     compromising approximately 9,655 acres, as generally depicted 
     on the map entitled South Fork Eel River Wilderness Area and 
     Elkhorn Ridge Potential Wilderness'' and dated September 27, 
     2004, is designated as a potential wilderness area.
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area as wilderness until the 
     potential wilderness area is designated as wilderness.
       (c) Ecological Restoration.--
       (1) In general.--For purposes of ecological restoration 
     (including the elimination of non-native species, removal of 
     illegal, unused, or decommissioned roads, repair of skid 
     tracks, and any other activities necessary to restore the 
     natural ecosystems in the potential wilderness area), the 
     Secretary may used motorized equipment and mechanized 
     transport in the potential wilderness area until the 
     potential wilderness area is designated as wilderness.
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--
       (1) In general.--The potential wilderness area shall be 
     designated as wilderness and as a component of the National 
     Wilderness Preservation System on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; or
       (B) the date that is 5 years after the date of enactment of 
     this Act.
       (2) Administration.--On designation as wilderness under 
     paragraph (1), the potential wilderness area shall be--
       (A) known as the ``Elkhorn Ridge Wilderness''; and
       (B) administered in accordance with this title and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 1007. WILD AND SCENIC RIVER DESIGNATION.

       (a) Designation of Black Butte River, California.--Section 
     3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
     amended by adding at the end the following:
       ``(__) Black butte river, california.--The following 
     segments of the Black Butte River in the State of California, 
     to be administered by the Secretary of Agriculture:
       ``(A) The 16 miles of Black Butte River, from the Mendocino 
     County Line to its confluence with Jumpoff Creek, as a wild 
     river.
       ``(B) The 3.5 miles of Black Butte River from its 
     confluence with Jumpoff Creek to its confluence with Middle 
     Eel River, as a scenic river.
       ``(C) The 1.5 miles of Cold Creek from the Mendocino County 
     Line to its confluence with Black Butte River, as a wild 
     river.''.
       (b) Plan; Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to Congress--
       (A) a fire management plan for the Black Butte River 
     segments designated by the amendment under subsection (a); 
     and
       (B) a report on the cultural and historic resources within 
     those segments.
       (2) Transmittal to county.--The Secretary of Agriculture 
     shall transmit to the Board of Supervisors of Mendocino 
     County, California, a copy of the plan and report submitted 
     under paragraph (1).

     SEC. 1008. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY 
                   ADJUSTMENT.

       Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is 
     amended by adding at the end the following:
       ``(d) In addition to the land described in subsections (a) 
     and (c), the land identified as the King Range National 
     Conservation Area Additions on the map entitled `King Range 
     Wilderness' and dated November 12, 2004, is included in the 
     Area.''.

                      TITLE XI--TRIBAL PARITY ACT

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Tribal Parity Act''.

     SEC. 1102. FINDINGS.

       Congress finds that--
       (1) the Pick-Sloan Missouri River Basin Program (authorized 
     by section 9 of the Act of December 22, 1944 (commonly known 
     as the ``Flood Control Act of 1944'') (58 Stat. 891)), was 
     approved to promote the general economic development of the 
     United States;
       (2) the Fort Randall and Big Bend dam and reservoir 
     projects in South Dakota--
       (A) are major components of the Pick-Sloan Missouri River 
     Basin Program; and
       (B) contribute to the national economy;
       (3) the Fort Randall and Big Bend projects inundated the 
     fertile bottom land of the Lower Brule and Crow Creek Sioux 
     Tribes, which greatly damaged the economy and cultural 
     resources of the Tribes;
       (4) Congress has provided compensation to several Indian 
     tribes, including the Lower Brule and Crow Creek Sioux 
     Tribes, that border the Missouri River and suffered injury as 
     a result of 1 or more Pick-Sloan Projects;
       (5) the compensation provided to those Indian tribes has 
     not been consistent;
       (6) Missouri River Indian tribes that suffered injury as a 
     result of 1 or more Pick-Sloan Projects should be adequately 
     compensated for those injuries, and that compensation should 
     be consistent among the Tribes; and
       (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux 
     Tribe, based on methodology determined appropriate by the 
     General Accounting Office, are entitled to receive additional 
     compensation for injuries described in paragraph (6), so as 
     to provide parity among compensation received by all Missouri 
     River Indian tribes.

     SEC. 1103. LOWER BRULE SIOUX TRIBE.

       Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
     Development Trust Fund Act (Public Law 105-132; 111 Stat. 
     2565) is amended by striking ``$39,300,000'' and inserting 
     ``$186,822,140''.

     SEC. 1104. CROW CREEK SIOUX TRIBE.

       Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
     Development Trust Fund Act of 1996 (Public Law 104-223; 110 
     Stat. 3027) is amended by striking ``$27,500,000'' and 
     inserting ``$105,917,853''.

[[Page S11914]]

          TITLE XII--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Redwood National Park 
     Boundary Adjustment Act of 2004''.

     SEC. 1202. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.

       Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 
     79b(a)) is amended--
       (1) in the first sentence, by striking ``(a) The area'' and 
     all that follows through the period at the end and inserting 
     the following: ``(a)(1) The Redwood National Park consists of 
     the land generally depicted on the map entitled `Redwood 
     National Park, Revised Boundary', numbered 167/60502, and 
     dated February, 2003.'';
       (2) by inserting after paragraph (1) (as designated by 
     paragraph (1)) the following:
       ``(2) The map referred to in paragraph (1) shall be--
       ``(A) on file and available for public inspection in the 
     appropriate offices of the National Park Service; and
       ``(B) provided by the Secretary of the Interior to the 
     appropriate officers of Del Norte and Humboldt Counties, 
     California.''; and
       (3) in the second sentence--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(3) The Secretary''; and
       (B) by striking ``one hundred and six thousand acres'' and 
     inserting ``133,000 acres''.

                TITLE XIII--VALLES CALDERA PRESERVATION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Valles Caldera 
     Preservation Act of 2004''.

     SEC. 1302. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

       (a) Acquisition of Outstanding Mineral Interests.--Section 
     104(e) of the Valles Caldera Preservation Act (16 U.S.C. 
     698v-2(e)) is amended--
       (1) by striking ``The acquisition'' and inserting the 
     following:
       ``(1) In general.--The acquisition'';
       (2) by striking ``The Secretary'' and inserting the 
     following:
       ``(2) Acquisition.--The Secretary'';
       (3) by striking ``on a willing seller basis'';
       (4) by striking ``Any such'' and inserting the following:
       ``(3) Administration.--Any such''; and
       (5) by adding at the end the following:
       ``(4) Available funds.--Any such interests shall be 
     acquired with available funds.
       ``(5) Declaration of taking.--
       ``(A) In general.--If negotiations to acquire the interests 
     are unsuccessful by the date that is 60 days after the date 
     of enactment of this paragraph, the Secretary shall acquire 
     the interests pursuant to section 3114 of title 40, United 
     States Code.
       ``(B) Source of funds.--Any difference between the sum of 
     money estimated to be just compensation by the Secretary and 
     the amount awarded shall be paid from the permanent judgment 
     appropriation under section 1304 of title 31, United States 
     Code.''.
       (b) Obligations and Expenditures.--Section 106(e) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is 
     amended by adding at the end the following:
       ``(4) Obligations and expenditures.--Subject to the laws 
     applicable to Government corporations, the Trust shall 
     determine--
       ``(A) the character of, and the necessity for, any 
     obligations and expenditures of the Trust; and
       ``(B) the manner in which obligations and expenditures 
     shall be incurred, allowed, and paid.''.
       (c) Solicitation of Donations.--Section 106(g) of the 
     Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is 
     amended by striking ``The Trust may solicit'' and inserting 
     ``The members of the Board of Trustees, the executive 
     director, and 1 additional employee of the Trust in an 
     executive position designated by the Board of Trustees or the 
     executive director may solicit''.
       (d) Use of Proceeds.--Section 106(h)(1) of the Valles 
     Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended 
     by striking ``subsection (g)'' and inserting ``subsection 
     (g), from claims, judgments, or settlements arising from 
     activities occurring on the Baca Ranch or the Preserve after 
     October 27, 1999,''.

     SEC. 1303. BOARD OF TRUSTEES.

       Section 107(e) of the Valles Caldera Preservation Act 
     (U.S.C. 698v-5(e)) is amended--
       (1) in paragraph (2), by striking ``Trustees'' and 
     inserting ``Except as provided in paragraph (3), trustees''; 
     and
       (2) in paragraph (3)--
       (A) by striking ``Trustees'' and inserting the following:
       ``(A) Selection.--Trustees''; and
       (B) by adding at the end the following:
       ``(B) Compensation.--On request of the chair, the chair may 
     be compensated at a rate determined by the Board of Trustees, 
     but not to exceed the daily equivalent of the annual rate of 
     pay for level IV of the Executive Schedule under section 5315 
     of title 5, United States Code, for each day (including 
     travel time) in which the chair is engaged in the performance 
     of duties of the Board of Trustees.
       ``(C) Maximum rate of pay.--The total amount of 
     compensation paid to the chair for a fiscal year under 
     subparagraph (B) shall not exceed 25 percent of the annual 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.''.

     SEC. 1304. RESOURCE MANAGEMENT.

       (a) Property Disposal Limitations.--Section 108(c)(3) of 
     the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) 
     is amended--
       (1) in the first sentence, by striking ``The Trust may not 
     dispose'' and inserting the following:
       ``(A) In general.--The Trust may not dispose'';
       (2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       ``(B) Maximum duration.--The Trust'';
       (3) in the last sentence, by striking ``Any such'' and 
     inserting the following:
       ``(C) Termination.--The''; and
       (4) by adding at the end the following:
       ``(D) Exclusions.--For the purposes of this paragraph, the 
     disposal of real property does not include the sale or other 
     disposal of forage, forest products, or marketable renewable 
     resources.''.
       (b) Law Enforcement and Fire Management.--Section 108(g) of 
     the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is 
     amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) Law enforcement.--
       ``(A) In general.--The Secretary'';
       (2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       ``(B) Federal agency.--The Trust''; and
       (3) by striking ``At the request of the Trust'' and all 
     that follows through the end of the paragraph and inserting 
     the following:
       ``(2) Fire management.--
       ``(A) Non-reimbursable services.--
       ``(i) Development of plan.--The Secretary shall, in 
     consultation with the Trust, develop a plan to carry out fire 
     preparedness, suppression, and emergency rehabilitation 
     services on the Preserve.
       ``(ii) Consistency with management program.--The plan shall 
     be consistent with the management program developed pursuant 
     to subsection (d).
       ``(iii) Cooperative agreement.--To the extent generally 
     authorized at other units of the National Forest System, the 
     Secretary shall provide the services to be carried out 
     pursuant to the plan under a cooperative agreement entered 
     into between the Secretary and the Trust.
       ``(B) Reimbursable services.--To the extent generally 
     authorized at other units of the National Forest System, the 
     Secretary may provide presuppression and nonemergency 
     rehabilitation and restoration services for the Trust at any 
     time on a reimbursable basis.''.

               TITLE XIV--CENTRAL NEVADA RURAL CEMETERIES

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Central Nevada Rural 
     Cemeteries Act''.

     SEC. 1402. CONVEYANCE TO LANDER COUNTY, NEVADA.

       (a) Findings.--Congress finds that--
       (1) the historical use by settlers and travelers since the 
     late 1800's of the cemetery known as ``Kingston Cemetery'' in 
     Kingston, Nevada, predates incorporation of the land within 
     the jurisdiction of the Forest Service on which the cemetery 
     is situated;
       (2) it is appropriate that that use be continued through 
     local public ownership of the parcel rather than through the 
     permitting process of the Federal agency;
       (3) in accordance with Public Law 85-569 (commonly known as 
     the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service 
     has conveyed to the Town of Kingston 1.25 acres of the land 
     on which historic gravesites have been identified; and
       (4) to ensure that all areas that may have unmarked 
     gravesites are included, and to ensure the availability of 
     adequate gravesite space in future years, an additional 
     parcel consisting of approximately 8.75 acres should be 
     conveyed to the county so as to include the total amount of 
     the acreage included in the original permit issued by the 
     Forest Service for the cemetery.
       (b) Conveyance on Condition Subsequent.--Subject to valid 
     existing rights and the condition stated in subsection (e), 
     the Secretary of Agriculture, acting through the Chief of the 
     Forest Service (referred to in this section as the 
     ``Secretary''), not later than 90 days after the date of 
     enactment of this Act, shall convey to Lander County, Nevada 
     (referred to in this section as the ``county''), for no 
     consideration, all right, title, and interest of the United 
     States in and to the parcel of land described in subsection 
     (c).
       (c) Description of Land.--The parcel of land referred to in 
     subsection (b) is the parcel of National Forest System land 
     (including any improvements on the land) known as ``Kingston 
     Cemetery'', consisting of approximately 10 acres and more 
     particularly described as SW\1/4\SE\1/4\SE\1/4\ of section 
     36, T. 16N., R. 43E., Mount Diablo Meridian.
       (d) Easement.--At the time of the conveyance under 
     subsection (b), subject to subsection (e)(2), the Secretary 
     shall grant the county an easement allowing access for 
     persons desiring to visit the cemetery and other cemetery 
     purposes over Forest Development Road #20307B, 
     notwithstanding any future closing of the road for other use.
       (e) Condition on Use of Land.--
       (1) In general.--The county (including its successors) 
     shall continue the use of the parcel conveyed under 
     subsection (b) as a cemetery.
       (2) Reversion.--If the Secretary, after notice to the 
     county and an opportunity for a hearing, makes a finding that 
     the county has used or permitted the use of the parcel for

[[Page S11915]]

     any purpose other than the purpose specified in paragraph 
     (1), and the county fails to discontinue that use--
       (A) title to the parcel shall revert to the Secretary, to 
     be administered by the Secretary; and
       (B) the easement granted to the county under subsection (d) 
     shall be revoked.
       (3) Waiver.--The Secretary may waive the application of 
     subparagraph (A) or (B) of paragraph (2) if the Secretary 
     determines that a waiver would be in the best interests of 
     the United States.

     SEC. 1403. CONVEYANCE TO EUREKA COUNTY, NEVADA.

       (a) Findings.--Congress finds that--
       (1) the historical use by settlers and travelers since the 
     late 1800's of the cemetery known as ``Maiden's Grave 
     Cemetery'' in Beowawe, Nevada, predates incorporation of the 
     land within the jurisdiction of the Bureau of Land Management 
     on which the cemetery is situated; and
       (2) it is appropriate that that use be continued through 
     local public ownership of the parcel rather than through the 
     permitting process of the Federal agency.
       (b) Conveyance on Condition Subsequent.--Subject to valid 
     existing rights and the condition stated in subsection (e), 
     the Secretary of the Interior, acting through the Director of 
     the Bureau of Land Management (referred to in this section as 
     the ``Secretary''), not later than 90 days after the date of 
     enactment of this Act, shall convey to Eureka County, Nevada 
     (referred to in this section as the ``county''), for no 
     consideration, all right, title, and interest of the United 
     States in and to the parcel of land described in subsection 
     (c).
       (c) Description of Land.--The parcel of land referred to in 
     subsection (b) is the parcel of public land (including any 
     improvements on the land) known as ``Maiden's Grave 
     Cemetery'', consisting of approximately 10 acres and more 
     particularly described as S\1/2\NE\1/4\SW\1/4\SW\1/4\, N\1/
     2\SE\1/4\SW\1/4\SW\1/4\ of section 10, T.31N., R.49E., Mount 
     Diablo Meridian.
       (d) Easement.--At the time of the conveyance under 
     subsection (b), subject to subsection (e)(2), the Secretary 
     shall grant the county an easement allowing access for 
     persons desiring to visit the cemetery and other cemetery 
     purposes over an appropriate access route consistent with 
     current access.
       (e) Condition on Use of Land.--
       (1) In general.--The county (including its successors) 
     shall continue the use of the parcel conveyed under 
     subsection (b) as a cemetery.
       (2) Reversion.--If the Secretary, after notice to the 
     county and an opportunity for a hearing, makes a finding that 
     the county has used or permitted the use of the parcel for 
     any purpose other than the purpose specified in paragraph 
     (1), and the county fails to discontinue that use--
       (A) title to the parcel shall revert to the Secretary, to 
     be administered by the Secretary; and
       (B) the easement granted to the county under subsection (d) 
     shall be revoked.
       (3) Waiver.--The Secretary may waive the application of 
     subparagraph (A) or (B) of paragraph (2) if the Secretary 
     determines that a waiver would be in the best interests of 
     the United States.

               TITLE XV--DANDINI RESEARCH PARK CONVEYANCE

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Dandini Research Park 
     Conveyance Act''.

     SEC. 1502. DEFINITIONS.

       In this title:
       (1) Board of regents.--The term ``Board of Regents'' means 
     the Board of Regents of the University and Community College 
     System of Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1503. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE 
                   SYSTEM OF NEVADA.

       (a) Conveyance.--
       (1) In general.--The Secretary shall convey to the Board of 
     Regents, without consideration, all right, title, and 
     interest of the United States in and to the approximately 467 
     acres of land located in Washoe County, Nevada, patented to 
     the University of Nevada under the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.), and described in paragraph 
     (2).
       (2) Description of land.--The land referred to in paragraph 
     (1) is--
       (A) the parcel of land consisting of approximately 309.11 
     acres and more particularly described as T. 20 N., R. 19 E., 
     Sec. 25, lots 1, 2, 3, 4, 5, and 11, SE\1/4\NW\1/4\, NE\1/
     4\SW\1/4\, Mount Diablo Meridian, Nevada; and
       (B) the parcel of land consisting of approximately 158.22 
     acres and more particularly described as T. 20 N., R. 19 E., 
     Sec. 25, lots 6 and 7, SW\1/4\NE\1/4\, NW\1/4\SE\1/4\, Mount 
     Diablo Meridian, Nevada.
       (b) Costs.--The Board of Regents shall pay to the United 
     States an amount equal to the costs of the Secretary 
     associated with the conveyance under subsection (a)(1).
       (c) Conditions.--If the Board of Regents sells any portion 
     of the land conveyed to the Board of Regents under subsection 
     (a)(1)--
       (1) the amount of consideration for the sale shall reflect 
     fair market value, as determined by an appraisal; and
       (2) the Board of Regents shall pay to the Secretary an 
     amount equal to the net proceeds of the sale, for use by the 
     Director of the Bureau of Land Management in the State of 
     Nevada, without further appropriation.

 TITLE XVI--ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH

     SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON 
                   COUNTY, UTAH.

       (a) Definition of Owner.--In this section, the term 
     ``owner'' means an owner that is able to convey to the United 
     States clear title to property taken under this section.
       (b) Taking of Property.--Notwithstanding any other 
     provision of law, effective 30 days after the date of 
     enactment of this Act, there is vested in the United States 
     all right, title, and interest in and to, and the right to 
     immediate possession of certain land located in a master 
     planned community development in Washington County, Utah, 
     known as ``PAHO'', owned by Environmental Land Technology, 
     Ltd., Rocky Mountain Ventures, and James Doyle, within the 
     Red Cliffs Reserve in Washington County, Utah, consisting 
     of--
       (A) the fee simple interest in approximately 1,516 acres of 
     real property; and
       (B) the fee simple interest in 34 acres of real property 
     adjacent to the Red Cliffs Reserve owned by Environmental 
     Land Technology, Ltd.
       (c) Just Compensation.--
       (1) In general.--The United States shall pay the owner just 
     compensation determined as of the date of enactment of this 
     Act.
       (2) Amount.--Payment of just compensation shall be in the 
     amount of--
       (A) the valuation of the property determined by judgment 
     awarded by a United States Court of competent jurisdiction;
       (B) interest from the date of enactment of this Act; and
       (C) any other costs and expenses, if any, as determined by 
     the court.
       (3) Interest.--Interest under this subsection shall be 
     compounded in the same manner as under subsection (b)(2)(B) 
     of the first section of the Act of April 17, 1954 (16 U.S.C. 
     429b(b)(2)(B)), except that the reference in that provision 
     to the date of enactment of the Manassas National Battlefield 
     Park Amendments of 1988 shall be deemed to be a reference to 
     the date of enactment of this Act.
       (4) Source of payment.--Payment of the amount pursuant to 
     this section shall be made from the permanent judgment 
     appropriation under section 1304 of title 31, United States 
     Code.
       (5) Full faith and credit.--The full faith and credit of 
     the United States is pledged to the payment of any judgment 
     entered against the United States with respect to the taking 
     of property under this section.

   TITLE XVII--NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN 
                              PARTNERSHIP

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Northern Arizona Land 
     Exchange and Verde River Basin Partnership Act of 2004''.

               Subtitle A--Northern Arizona Land Exchange

     SEC. 1711. DEFINITIONS.

       In this subtitle:
       (1) Camp.--The term ``camp'' means Camp Pearlstein, 
     Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and 
     Young Life Lost Canyon camps in the State of Arizona.
       (2) Cities.--The term ``cities'' means the cities of 
     Flagstaff, Williams, and Camp Verde, Arizona.
       (3) Federal land.--The term ``Federal land'' means the land 
     described in section 1714.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the land described in section 1713.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) Yavapai ranch.--The term ``Yavapai Ranch'' means the 
     Yavapai Ranch Limited Partnership, an Arizona Limited 
     Partnership, and the Northern Yavapai, L.L.C., an Arizona 
     Limited Liability Company.

     SEC. 1712. LAND EXCHANGE.

       (a) In General.--(1) Upon the conveyance by Yavapai Ranch 
     of title to the non-Federal land identified in section 1713, 
     the Secretary shall simultaneously convey to Yavapai Ranch 
     title to the Federal land identified in section 1714.
       (2) Title to the lands to be exchanged shall be in a form 
     acceptable to the Secretary and Yavapai Ranch.
       (3) The Federal and non-Federal lands to be exchanged under 
     this subtitle may be modified prior to the exchange as 
     provided in this subtitle.
       (4)(A) By mutual agreement, the Secretary and Yavapai Ranch 
     may make minor and technical corrections to the maps and 
     legal descriptions of the lands and interests therein 
     exchanged or retained under this subtitle, including changes, 
     if necessary to conform to surveys approved by the Bureau of 
     Land Management.
       (B) In the case of any discrepancy between a map and legal 
     description, the map shall prevail unless the Secretary and 
     Yavapai Ranch agree otherwise.
       (b) Exchange Process.--(1) Except as otherwise provided in 
     this subtitle, the land exchange under subsection (a) shall 
     be undertaken in accordance with section 206 of the Federal 
     Land Policy and Management Act (43 U.S.C. 1716).
       (2) Before completing the land exchange under this 
     subtitle, the Secretary shall perform any necessary land 
     surveys and pre-exchange inventories, clearances, reviews, 
     and

[[Page S11916]]

     approvals, including those relating to hazardous materials, 
     threatened and endangered species, cultural and historic 
     resources, and wetlands and flood plains.
       (c) Equal Value Exchange.--(1) The value of the Federal 
     land and the non-Federal land shall be equal, or equalized by 
     the Secretary by adjusting the acreage of the Federal land in 
     accordance with paragraph (2).
       (2) If the final appraised value of the Federal land 
     exceeds the final appraised value of the non-Federal land, 
     prior to making other adjustments, the Federal lands shall be 
     adjusted by deleting all or part of the parcels or portions 
     of the parcels in the following order:
       (A) A portion of the Camp Verde parcel described in section 
     1714(a)(4), comprising approximately 316 acres, located in 
     the Prescott National Forest, and more particularly described 
     as lots 1, 5, and 6 of section 26, the NE\1/4\NE\1/4\ portion 
     of section 26 and the N\1/2\N\1/2\ portion of section 27, 
     Township 14 North, Range 4 East, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona.
       (B) A portion of the Camp Verde parcel described in section 
     1714(a)(4), comprising approximately 314 acres, located in 
     the Prescott National Forest, and more particularly described 
     as lots 2, 7, 8, and 9 of section 26, the SE\1/4\NE\1/4\ 
     portion of section 26, and the S\1/2\N\1/2\ of section 27, 
     Township 14 North, Range 4 East, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona.
       (C) Beginning at the south boundary of section 31, Township 
     20 North, Range 5 West, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, and sections 33 and 35, 
     Township 20 North, Range 6 West, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, by adding to the non-
     Federal land to be conveyed to the United States in \1/8\-
     section increments (E-W 64th line) while deleting from the 
     conveyance to Yavapai Ranch Federal land in the same 
     incremental portions of section 32, Township 20 North, Range 
     5 West, Gila and Salt River Base and Meridian, Yavapai 
     County, Arizona, and sections 32, 34, and 36 in Township 20 
     North, Range 6 West, Gila and Salt River Base and Meridian, 
     Yavapai County, Arizona, to establish a linear and continuous 
     boundary that runs east-to-west across the sections.
       (D) Any other parcels, or portions thereof, agreed to by 
     the Secretary and Yavapai Ranch.
       (3) If any parcel of Federal land or non-Federal land is 
     not conveyed because of any reason, that parcel of land, or 
     portion thereof, shall be excluded from the exchange and the 
     remaining lands shall be adjusted as provided in this 
     subsection.
       (4) If the value of the Federal land exceeds the value of 
     the non-Federal land by more than $50,000, the Secretary and 
     Yavapai Ranch shall, by mutual agreement, delete additional 
     Federal land from the exchange until the value of the Federal 
     land and non-Federal land is, to the maximum extent 
     practicable, equal.
       (d) Appraisals.--(1) The value of the Federal land and non-
     Federal land shall be determined by appraisals prepared in 
     accordance with the Uniform Appraisal Standards for Federal 
     Land Acquisitions and the Uniform Standards of Professional 
     Appraisal Practice.
       (2)(A) After the Secretary has reviewed and approved the 
     final appraised values of the Federal land and non-Federal 
     land to be exchanged, the Secretary shall not be required to 
     reappraise or update the final appraised values before the 
     completion of the land exchange.
       (B) This paragraph shall apply during the three-year period 
     following the approval by the Secretary of the final 
     appraised values of the Federal land and non-Federal land 
     unless the Secretary and Yavapai Ranch have entered into an 
     agreement to implement the exchange.
       (3) During the appraisal process, the appraiser shall 
     determine the value of each parcel of Federal land and non-
     Federal land (including the contributory value of each 
     individual section of the intermingled Federal and non-
     Federal land of the property described in sections 103(a) and 
     104(a)(1)) as an assembled transaction.
       (4)(A) To ensure the timely and full disclosure to the 
     public of the final appraised values of the Federal land and 
     non-Federal land, the Secretary shall provide public notice 
     of any appraisals approved by the Secretary and copies of 
     such appraisals shall be available for public inspection in 
     appropriate offices of the Prescott, Coconino, and Kaibab 
     National Forests.
       (B) The Secretary shall also provide copies of any approved 
     appraisals to the cities and the owners of the camps 
     described in section 1711(1).
       (e) Contracting.--(1) If the Secretary lacks adequate staff 
     or resources to complete the exchange by the date specified 
     in section 1716(c), Yavapai Ranch, subject to the agreement 
     of the Secretary, may contract with independent third-party 
     contractors to carry out any work necessary to complete the 
     exchange by that date.
       (2) If, in accordance with this subsection, Yavapai Ranch 
     contracts with an independent third-party contractor to carry 
     out any work that would otherwise be performed by the 
     Secretary, the Secretary shall reimburse Yavapai Ranch for 
     the costs for the third-party contractors.
       (f) Easements.--(1) The exchange of non-Federal and Federal 
     land under this subtitle shall be subject to any easements, 
     rights-of-way, utility lines, and any other valid 
     encumbrances in existence on the date of enactment of this 
     subtitle, including acquired easements for water pipelines as 
     generally depicted on the map entitled ``Yavapai Ranch Land 
     Exchange, YRLP Acquired Easements for Water Lines'' dated 
     April 2002, and any other reservations that may be agreed to 
     by the Secretary and Yavapai Ranch.
       (2) Upon completion of the land exchange under this 
     subtitle, the Secretary and Yavapai Ranch shall grant each 
     other at no charge reciprocal easements for access and 
     utilities across, over, and through--
       (A) the routes depicted on the map entitled ``Yavapai Ranch 
     Land Exchange, Road and Trail Easements, Yavapai Ranch Area'' 
     dated April 2002; and
       (B) any relocated routes that are agreed to by the 
     Secretary and Yavapai Ranch.
       (3) An easement described in paragraph (2) shall be 
     unrestricted and non-exclusive in nature and shall run with 
     and benefit the land.
       (g) Conveyance of Federal Land to Cities and Camps.--(1) 
     Prior to the completion of the land exchange between Yavapai 
     Ranch and the Secretary, the cities and the owners of the 
     camps may enter into agreements with Yavapai Ranch whereby 
     Yavapai Ranch, upon completion of the land exchange, will 
     convey to the cities or the owners of the camps the 
     applicable parcel of Federal land or portion thereof.
       (2) If Yavapai Ranch and the cities or camp owners have not 
     entered into agreements in accordance with paragraph (1), the 
     Secretary shall, on notification by the cities or owners of 
     the camps no later than 30 days after the date the relevant 
     approved appraisal is made publicly available, delete the 
     applicable parcel or portion thereof from the land exchange 
     between Yavapai Ranch and the United States as follows:
       (A) Upon request of the City of Flagstaff, Arizona, the 
     parcels, or portion thereof, described in section 1714(a)(2).
       (B) Upon request of the City of Williams, Arizona, the 
     parcels, or portion thereof, described in section 1714(a)(3).
       (C) Upon request of the City of Camp Verde, Arizona, a 
     portion of the parcel described in section 1714(a)(4), 
     comprising approximately 514 acres located southeast of the 
     southeastern boundary of the I-17 right-of-way, and more 
     particularly described as the SE\1/4\ portion of the 
     southeast quarter of section 26, the E\1/2\ and the E\1/
     2\W\1/2\ portions of section 35, and lots 5 through 7 of 
     section 36, Township 14 North, Range 4 East, Gila and Salt 
     River Base and Meridian, Yavapai County, Arizona.
       (D) Upon request of the owners of the Younglife Lost Canyon 
     camp, the parcel described in section 1714(a)(5).
       (E) Upon request of the owner of Friendly Pines Camp, 
     Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or Sky Y 
     Camp, as applicable, the corresponding parcel described in 
     section 1714(a)(6).
       (3)(A) Upon request of the specific city or camp referenced 
     in paragraph (2), the Secretary shall convey to such city or 
     camp all right, title, and interest of the United States in 
     and to the applicable parcel of Federal land or portion 
     thereof, upon payment of the fair market value of the parcel 
     and subject to any terms and conditions the Secretary may 
     require.
       (B) A conveyance under this paragraph shall not require new 
     administrative or environmental analyses or appraisals beyond 
     those prepared for the land exchange.
       (4) A city or owner of a camp purchasing land under this 
     subsection shall reimburse Yavapai Ranch for any costs 
     incurred which are directly associated with surveys and 
     appraisals of the specific property conveyed.
       (5) A conveyance of land under this subsection shall not 
     affect the timing of the land exchange.
       (6) Nothing in this subsection limits the authority of the 
     Secretary or Yavapai Ranch to delete any of the parcels 
     referenced in this subsection from the land exchange.
       (7)(A) The Secretary shall deposit the proceeds of any sale 
     under paragraph (2) in a special account in the fund 
     established under Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a).
       (B) Amounts deposited under subparagraph (A) shall be 
     available to the Secretary, without further appropriation, to 
     be used for the acquisition of land in the State of Arizona 
     for addition to the National Forest System, including the 
     land to be exchanged under this subtitle.

     SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND.

       (a) In General.--The non-Federal land referred to in this 
     subtitle consists of approximately 35,000 acres of privately-
     owned land within the boundaries of the Prescott National 
     Forest, as generally depicted on the map entitled ``Yavapai 
     Ranch Land Exchange, Non-Federal Lands'', dated April 2002.
       (b) Easements.--(1) The conveyance of non-Federal land to 
     the United States under section 1712 shall be subject to the 
     reservation of--
       (A) water rights and perpetual easements that run with and 
     benefit the land retained by Yavapai Ranch for--
       (i) the operation, maintenance, repair, improvement, 
     development, and replacement of not more than 3 wells in 
     existence on the date of enactment of this Act;
       (ii) related storage tanks, valves, pumps, and hardware; 
     and
       (iii) pipelines to point of use; and
       (B) easements for reasonable access to accomplish the 
     purposes of the easements described in subparagraph (A).

[[Page S11917]]

       (2) Each easement for an existing well referred to in 
     paragraph (1) shall be 40 acres in area, and to the maximum 
     extent practicable, centered on the existing well.
       (3) The United States shall be entitled to one-half the 
     production of each existing or replacement well, not to 
     exceed a total of 3,100,000 gallons of water annually for 
     National Forest System purposes.
       (4) The locations of the easements and wells shall be as 
     generally depicted on the map entitled ``Yavapai Ranch Land 
     Exchange, Reserved Easements for Water Lines and Wells'', 
     dated April 2002.

     SEC. 1714. DESCRIPTION OF FEDERAL LAND.

       (a) In General.--The Federal land referred to in this 
     subtitle consists of the following:
       (1) Certain land comprising approximately 15,300 acres 
     located in the Prescott National Forest, as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Yavapai Ranch Area Federal Lands'', dated April 2002.
       (2) Certain land located in the Coconino National Forest--
       (A) comprising approximately 1,500 acres as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Flagstaff Federal Lands Airport Parcel'', dated April, 2002; 
     and
       (B) comprising approximately 28.26 acres in two separate 
     parcels, as generally depicted on the map entitled ``Yavapai 
     Ranch Land Exchange, Flagstaff Federal Lands Wetzel School 
     and Mt. Elden Parcels'', dated September 2002.
       (3) Certain land located in the Kaibab National Forest, and 
     referred to as the Williams Airport, Williams golf course, 
     Williams Sewer, Buckskinner Park, Williams Railroad, and Well 
     parcels number 2, 3, and 4, cumulatively comprising 
     approximately 950 acres, as generally depicted on the map 
     entitled ``Yavapai Ranch Land Exchange, Williams Federal 
     Lands'', dated April 2002.
       (4) Certain land located in the Prescott National Forest, 
     comprising approximately 2,200 acres, as generally depicted 
     on the map entitled ``Yavapai Ranch Land Exchange, Camp Verde 
     Federal Land General Crook Parcel'', dated April 2002.
       (5) Certain land located in the Kaibab National Forest, 
     comprising approximately 237.5 acres, as generally depicted 
     on the map entitled ``Yavapai Ranch Land Exchange, Younglife 
     Lost Canyon'', dated April 2002.
       (6) Certain land located in the Prescott National Forest, 
     including the ``Friendly Pines'', ``Patterdale Pines'', 
     ``Camp Pearlstein'', ``Pine Summit'', and ``Sky Y'' camps, 
     cumulatively comprising approximately 200 acres, as generally 
     depicted on the map entitled ``Yavapai Ranch Land Exchange, 
     Prescott Federal Lands, Summer Youth Camp Parcels'', dated 
     April 2002.
       (b) Condition of Conveyance of Camp Verde Parcel.--(1) To 
     conserve water in the Verde Valley, Arizona, and to minimize 
     the adverse impacts from future development of the Camp Verde 
     General Crook parcel described in subsection (a)(4) on 
     current and future holders of water rights in existence of 
     the date of enactment of this subtitle and the Verde River 
     and National Forest System lands retained by the United 
     States, the United States shall limit in perpetuity the use 
     of water on the parcel by reserving conservation easements 
     that--
       (A) run with the land;
       (B) prohibit golf course development on the parcel;
       (C) require that any public park or greenbelt on the parcel 
     be watered with treated wastewater;
       (D) limit total post-exchange water use on the parcel to 
     not more than 300 acre-feet of water per year;
       (E) provide that any water supplied by municipalities or 
     private water companies shall count towards the post-exchange 
     water use limitation described in subparagraph (D); and
       (F) except for water supplied to the parcel by municipal 
     water service providers or private water companies, require 
     that any water used for the parcel not be withdrawn from 
     wells perforated in the saturated Holocene alluvium of the 
     Verde River.
       (2) If Yavapai Ranch conveys the Camp Verde parcel 
     described in subsection (a)(4), or any portion thereof, the 
     terms of conveyance shall include a recorded and binding 
     agreement of the quantity of water available for use on the 
     land conveyed, as determined by Yavapai Ranch, except that 
     total water use on the Camp Verde parcel may not exceed the 
     amount specified in paragraph (1)(D).
       (3) The Secretary may enter into a memorandum of 
     understanding with the State or political subdivision of the 
     State to enforce the terms of the conservation easement.

     SEC. 1715. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

       (a) In General.--Land acquired by the United States under 
     this subtitle shall become part of the Prescott National 
     Forest and shall be administered by the Secretary in 
     accordance with this subtitle and the laws applicable to the 
     National Forest System.
       (b) Grazing.--Where grazing on non-Federal land acquired by 
     the Secretary under this subtitle occurs prior to the date of 
     enactment of this Act, the Secretary may manage the land to 
     allow for continued grazing use, in accordance with the laws 
     generally applicable to domestic livestock grazing on 
     National Forest System land.
       (c) Timber Harvesting.--(1) After completion of the land 
     exchange under this subtitle, except as provided in paragraph 
     (2), commercial timber harvesting shall be prohibited on the 
     non-Federal land acquired by the United States.
       (2) Timber harvesting may be conducted on the non-Federal 
     land acquired under this subtitle if the Secretary determines 
     that such harvesting is necessary--
       (A) to prevent or control fires, insects, and disease 
     through forest thinning or other forest management 
     techniques;
       (B) to protect or enhance grassland habitat, watershed 
     values, native plants and wildlife species; or
       (C) to improve forest health.

     SEC. 1716. MISCELLANEOUS PROVISIONS.

       (a) Revocation of Orders.--Any public orders withdrawing 
     any of the Federal land from appropriation or disposal under 
     the public land laws are revoked to the extent necessary to 
     permit disposal of the Federal land.
       (b) Withdrawal of Federal Land.--Subject to valid existing 
     rights, the Federal land is withdrawn from all forms of entry 
     and appropriation under the public land laws; location, 
     entry, and patent under the mining laws; and operation of the 
     mineral leasing and geothermal leasing laws, until the date 
     on which the land exchange is completed.
       (c) Completion of Exchange.--It is the intent of Congress 
     that the land exchange authorized and directed under this 
     subtitle be completed not later than 18 months after the date 
     of enactment of this Act.

     SEC. 1717. CONVEYANCE OF ADDITIONAL LAND.

       (a) In General--The Secretary shall convey to a person that 
     represents the majority of landowners with encroachments on 
     the lot by quitclaim deed the parcel of land described in 
     subsection (b).
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., 
     Gila and Salt River Base and Meridian, Coconino County, 
     Arizona.
       (c) Amount of Consideration.--In exchange for the land 
     described in subsection (b), the person acquiring the land 
     shall pay to the Secretary consideration in the amount of--
       (1) $2500; plus
       (2) any costs of re-monumenting the boundary of land.
       (d) Timing.--(1) Not later than 90 days after the date on 
     which the Secretary receives a power of attorney executed by 
     the person acquiring the land, the Secretary shall convey to 
     the person the land described in subsection (b).
       (2) If, by the date that is 270 days after the date of 
     enactment of this Act, the Secretary does not receive the 
     power of attorney described in paragraph (1)--
       (A) the authority provided under this section shall 
     terminate; and
       (B) any conveyance of the land shall be made under Public 
     Law 97-465 (16 U.S.C. 521c et seq.).

               Subtitle B--Verde River Basin Partnership

     SEC. 1721. PURPOSE.

       The purpose of this subtitle is to authorize assistance for 
     a collaborative and science-based water resource planning and 
     management partnership for the Verde River Basin in the State 
     of Arizona, consisting of members that represent--
       (1) Federal, State, and local agencies; and
       (2) economic, environmental, and community water interests 
     in the Verde River Basin.

     SEC. 1722. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the Arizona Department of Water Resources.
       (2) Partnership.--The term ``Partnership'' means the Verde 
     River Basin Partnership.
       (3) Plan.--The term ``plan'' means the plan for the Verde 
     River Basin required by section 1724(a)(1).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) State.--The term ``State'' means the State of Arizona.
       (6) Verde river basin.--The term ``Verde River Basin'' 
     means the land area designated by the Arizona Department of 
     Water Resources as encompassing surface water and groundwater 
     resources, including drainage and recharge areas with a 
     hydrologic connection to the Verde River.
       (7) Water budget.--The term ``water budget'' means the 
     accounting of--
       (A) the quantities of water leaving the Verde River Basin--
       (i) as discharge to the Verde River and tributaries;
       (ii) as subsurface outflow;
       (iii) as evapotranspiration by riparian vegetation;
       (iv) as surface evaporation;
       (v) for agricultural use; and
       (vi) for human consumption; and
       (B) the quantities of water replenishing the Verde River 
     Basin by precipitation, infiltration, and subsurface inflows.

     SEC. 1723. VERDE RIVER BASIN PARTNERSHIP.

       (a) In General.--The Secretary may participate in the 
     establishment of a partnership, to be known as the ``Verde 
     River Basin Partnership'', made up of Federal, State, local 
     governments, and other entities with responsibilities and 
     expertise in water to coordinate and cooperate in the 
     identification and implementation of comprehensive science-
     based policies, projects, and management activities relating 
     to the Verde River Basin.
       (b) Authorization of Appropriations.--On establishment of 
     the Partnership, there are

[[Page S11918]]

     authorized to be appropriated to the Secretary and the 
     Secretary of the Interior such sums as are necessary to carry 
     out the activities of the Partnership for each of fiscal 
     years 2005 through 2009.

     SEC. 1724. VERDE RIVER BASIN STUDIES.

       (a) Studies.--
       (1) In general.--The Partnership shall prepare a plan for 
     conducting water resource studies in the Verde River Basin 
     that identifies--
       (A) the primary study objectives to fulfill water resource 
     planning and management needs for the Verde River Basin; and
       (B) the water resource studies, hydrologic models, surface 
     and groundwater monitoring networks, and other analytical 
     tools helpful in the identification of long-term water supply 
     management options within the Verde River Basin.
       (2) Requirements.--At a minimum, the plan shall--
       (A) include a list of specific studies and analyses that 
     are needed to support Partnership planning and management 
     decisions;
       (B) identify any ongoing or completed water resource or 
     riparian studies that are relevant to water resource planning 
     and management for the Verde River Basin;
       (C) describe the estimated cost and duration of the 
     proposed studies and analyses; and
       (D) designate as a study priority the compilation of a 
     water budget analysis for the Verde Valley.
       (b) Verde Valley Water Budget Analysis.--
       (1) In general.--Subject to the availability of 
     appropriations, not later than 14 months after the date of 
     enactment of this Act, the Director of the U.S. Geological 
     Survey, in cooperation with the Director, shall prepare and 
     submit to the Partnership a report that provides a water 
     budget analysis of the portion of the Verde River Basin 
     within the Verde Valley.
       (2) Components.--The report submitted under paragraph (1) 
     shall include--
       (A) a summary of the information available on the 
     hydrologic flow regime for the portion of the Middle Verde 
     River from the Clarkdale streamgauging station to the city of 
     Camp Verde at United States Geological Survey Stream Gauge 
     09506000;
       (B) with respect to the portion of the Middle Verde River 
     described in subparagraph (A), estimates of--
       (i) the inflow and outflow of surface water and 
     groundwater;
       (ii) annual consumptive water use; and
       (iii) changes in groundwater storage; and
       (C) an analysis of the potential long-term consequences of 
     various water use scenarios on groundwater levels and Verde 
     River flows.
       (c) Preliminary Report and Recommendations.--.
       (1) In general.--Not later than 16 months after the date of 
     enactment of this Act, using the information provided in the 
     report submitted under subsection (b) and any other relevant 
     information, the Partnership shall submit to the Secretary, 
     the Governor of Arizona, and representatives of the Verde 
     Valley communities, a preliminary report that sets forth the 
     findings and recommendations of the Partnership regarding the 
     long-term available water supply within the Verde Valley.
       (2) Consideration of recommendations.--The Secretary may 
     take into account the recommendations included in the report 
     submitted under paragraph (1) with respect to decisions 
     affecting land under the jurisdiction of the Secretary, 
     including any future sales or exchanges of Federal land in 
     the Verde River Basin after the date of enactment of this 
     Act.
       (3) Effect.--Any recommendations included in the report 
     submitted under paragraph (1) shall not affect the land 
     exchange process or the appraisals of the Federal land and 
     non-Federal land conducted under sections 103 and 104.

     SEC. 1725. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.

       Not later than 4 years after the date of enactment of this 
     Act, the Partnership shall submit to the Secretary and the 
     Governor of Arizona a final report that--
       (1) includes a summary of the results of any water resource 
     assessments conducted under this subtitle in the Verde River 
     Basin;
       (2) identifies any areas in the Verde River Basin that are 
     determined to have groundwater deficits or other current or 
     potential water supply problems;
       (3) identifies long-term water supply management options 
     for communities and water resources within the Verde River 
     Basin; and
       (4) identifies water resource analyses and monitoring 
     needed to support the implementation of management options.

     SEC. 1726. MEMORANDUM OF UNDERSTANDING.

       The Secretary (acting through the Chief of the Forest 
     Service) and the Secretary of the Interior, shall enter into 
     a memorandum of understanding authorizing the United States 
     Geological Survey to access Forest Service land (including 
     stream gauges, weather stations, wells, or other points of 
     data collection on the Forest Service land) to carry out this 
     subtitle.

     SEC. 1727. EFFECT.

       Nothing in this title diminishes or expands State or local 
     jurisdiction, responsibilities, or rights with respect to 
     water resource management or control.

 TITLE XVIII--PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2004

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Pactola Reservoir 
     Reallocation Authorization Act of 2004''.

     SEC. 1802. FINDINGS.

       Congress finds that--
       (1) it is appropriate to reallocate the costs of the 
     Pactola Dam and Reservoir, South Dakota, to reflect increased 
     demands for municipal, industrial, and fish and wildlife 
     purposes; and
       (2) section 302 of the Department of Energy Organization 
     Act (42 U.S.C. 7152) prohibits such a reallocation of costs 
     without congressional approval.

     SEC. 1803. REALLOCATION OF COSTS OF PACTOLA DAM AND 
                   RESERVOIR, SOUTH DAKOTA.

       The Secretary of the Interior may, as provided in the 
     contract of August 2001 entered into between Rapid City, 
     South Dakota, and the Rapid Valley Conservancy District, 
     reallocate, in a manner consistent with Federal reclamation 
     law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
     and Acts supplemental to and amendatory of that Act (43 
     U.S.C. 371 et seq.)), the construction costs of Pactola Dam 
     and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin 
     Program, South Dakota, from irrigation purposes to municipal, 
     industrial, and fish and wildlife purposes.
                                 ______
                                 
  SA 4085. Mr. ALEXANDER (for Mr. Domenici) proposed an amendment to 
the bill S. 1521, an act to direct the Secretary of the Interior to 
convey certain land to the Edward H. McDaniel American Legion Post No. 
22 in Pahrump, Nevada, for the construction of a post building and 
memorial park for use by the American Legion, other veterans' groups, 
and the local community, and for other purposes; as follows:

       Strike section 201 and insert the following:

     SEC. 201. AUTHORIZATION AND APPROPRIATION EXTENSIONS.

       (a) In General.--Division II of the Omnibus Parks and 
     Public Lands Management Act of 1996 (Public Law 104-333; 16 
     U.S.C. 461 note) is amended--
       (1) in each of sections 107, 208, 408, 507, 607, 811, and 
     910, by striking ``September 30, 2012'' and inserting 
     ``September 30, 2027''; and
       (2) in title VIII, by striking ``Canal National Heritage 
     Corridor'' each place it appears in the section headings and 
     text and inserting ``National Heritage Canalway''.
       (b) John H. Chafee Blackstone River Valley.--Section 7 of 
     Public Law 99-647 (16 U.S.C. 461 note) is amended by striking 
     ``on the date'' and all that follows through ``section'' and 
     inserting ``on September 30, 2027''.
       After title VII, add the following:

         TITLE VIII--WIND CAVE NATIONAL PARK BOUNDARY REVISION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wind Cave National Park 
     Boundary Revision Act of 2004''.

     SEC. 802. DEFINITIONS.

       In this title:
       (1) Map.--The term ``map'' means the map entitled ``Wind 
     Cave National Park Boundary Revision'', numbered 108/80,030, 
     and dated June 2002.
       (2) Park.--The term ``Park'' means the Wind Cave National 
     Park in the State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of South 
     Dakota.

     SEC. 803. LAND ACQUISITION.

       (a) Authority.--
       (1) In general.--The Secretary may acquire the land or 
     interest in land described in subsection (b)(1) for addition 
     to the Park.
       (2) Means.--An acquisition of land under paragraph (1) may 
     be made by donation, purchase from a willing seller with 
     donated or appropriated funds, or exchange.
       (b) Boundary.--
       (1) Map and acreage.--The land referred to in subsection 
     (a)(1) shall consist of approximately 5,675 acres, as 
     generally depicted on the map.
       (2) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (3) Revision.--The boundary of the Park shall be adjusted 
     to reflect the acquisition of land under subsection (a)(1).

     SEC. 804. ADMINISTRATION.

       (a) In General.--The Secretary shall administer any land 
     acquired under section 803(a)(1) as part of the Park in 
     accordance with laws (including regulations) applicable to 
     the Park.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--The Secretary shall transfer from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service administrative jurisdiction over 
     the land described in paragraph (2).
       (2) Map and acreage.--The land referred to in paragraph (1) 
     consists of the approximately 80 acres of land identified on 
     the map as ``Bureau of Land Management land''.

     SEC. 805. GRAZING.

       (a) Grazing Permitted.--Subject to any permits or leases in 
     existence as of the date of acquisition, the Secretary may 
     permit the continuation of livestock grazing on land acquired 
     under section 803(a)(1).
       (b) Limitation.--Grazing under subsection (a) shall be at 
     not more than the level existing on the date on which the 
     land is acquired under section 803(a)(1).

[[Page S11919]]

       (c) Purchase of Permit or Lease.--The Secretary may 
     purchase the outstanding portion of a grazing permit or lease 
     on any land acquired under section 803(a)(1).
       (d) Termination of Leases or Permits.--The Secretary may 
     accept the voluntary termination of a permit or lease for 
     grazing on any acquired land.

       TITLE IX--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Blunt Reservoir and Pierre 
     Canal Land Conveyance Act of 2004''.

     SEC. 902. BLUNT RESERVOIR AND PIERRE CANAL.

       (a) Definitions.--In this section:
       (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
     feature'' means the Blunt Reservoir feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (2) Commission.--The term ``Commission'' means the 
     Commission of Schools and Public Lands of the State.
       (3) Nonpreferential lease parcel.--The term 
     ``nonpreferential lease parcel'' means a parcel of land 
     that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a nonpreferential lease parcel by 
     the Secretary as of January 1, 2001, and is reflected as such 
     on the roster of leases of the Bureau of Reclamation for 
     2001.
       (4) Pierre canal feature.--The term ``Pierre Canal 
     feature'' means the Pierre Canal feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (5) Preferential leaseholder.--The term ``preferential 
     leaseholder'' means a person or descendant of a person that 
     held a lease on a preferential lease parcel as of January 1, 
     2001, and is reflected as such on the roster of leases of the 
     Bureau of Reclamation for 2001.
       (6) Preferential lease parcel.--The term ``preferential 
     lease parcel'' means a parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a preferential lease parcel by the 
     Secretary as of January 1, 2001, and is reflected as such on 
     the roster of leases of the Bureau of Reclamation for 2001.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) State.--The term ``State'' means the State of South 
     Dakota, including a successor in interest of the State.
       (9) Unleased parcel.--The term ``unleased parcel'' means a 
     parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) is not under lease as of the date of enactment of this 
     Act.
       (b) Deauthorization.--The Blunt Reservoir feature is 
     deauthorized.
       (c) Acceptance of Land and Obligations.--
       (1) In general.--As a condition of each conveyance under 
     subsections (d)(5) and (e), respectively, the State shall 
     agree to accept--
       (A) in ``as is'' condition, the portions of the Blunt 
     Reservoir Feature and the Pierre Canal Feature that pass into 
     State ownership;
       (B) any liability accruing after the date of conveyance as 
     a result of the ownership, operation, or maintenance of the 
     features referred to in subparagraph (A), including liability 
     associated with certain outstanding obligations associated 
     with expired easements, or any other right granted in, on, 
     over, or across either feature; and
       (C) the responsibility that the Commission will act as the 
     agent for the Secretary in administering the purchase option 
     extended to preferential leaseholders under subsection (d).
       (2) Responsibilities of the state.--An outstanding 
     obligation described in paragraph (1)(B) shall inure to the 
     benefit of, and be binding upon, the State.
       (3) Oil, gas, mineral and other outstanding rights.--A 
     conveyance to the State under subsection (d)(5) or (e) or a 
     sale to a preferential leaseholder under subsection (d) shall 
     be made subject to--
       (A) oil, gas, and other mineral rights reserved of record, 
     as of the date of enactment of this Act, by or in favor of a 
     third party; and
       (B) any permit, license, lease, right-of-use, or right-of-
     way of record in, on, over, or across a feature referred to 
     in paragraph (1)(A) that is outstanding as to a third party 
     as of the date of enactment of this Act.
       (4) Additional conditions of conveyance to state.--A 
     conveyance to the State under subsection (d)(5) or (e) shall 
     be subject to the reservations by the United States and the 
     conditions specified in section 1 of the Act of May 19, 1948 
     (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
     the transfer of property to State agencies for wildlife 
     conservation purposes.
       (d) Purchase Option.--
       (1) In general.--A preferential leaseholder shall have an 
     option to purchase from the Commission, acting as an agent 
     for the Secretary, the preferential lease parcel that is the 
     subject of the lease.
       (2) Terms.--
       (A) In general.--Except as provided in subparagraph (B), a 
     preferential leaseholder may elect to purchase a parcel on 
     one of the following terms:
       (i) Cash purchase for the amount that is equal to--

       (I) the value of the parcel determined under paragraph (4); 
     minus
       (II) ten percent of that value.

       (ii) Installment purchase, with 10 percent of the value of 
     the parcel determined under paragraph (4) to be paid on the 
     date of purchase and the remainder to be paid over not more 
     than 30 years at 3 percent annual interest.
       (B) Value under $10,000.--If the value of the parcel is 
     under $10,000, the purchase shall be made on a cash basis in 
     accordance with subparagraph (A)(i).
       (3) Option exercise period.--
       (A) In general.--A preferential leaseholder shall have 
     until the date that is 5 years after enactment of this Act to 
     exercise the option under paragraph (1).
       (B) Continuation of leases.--Until the date specified in 
     subparagraph (A), a preferential leaseholder shall be 
     entitled to continue to lease from the Secretary the parcel 
     leased by the preferential leaseholder under the same terms 
     and conditions as under the lease, as in effect as of the 
     date of enactment of this Act.
       (4) Valuation.--
       (A) In general.--The value of a preferential lease parcel 
     shall be its fair market value for agricultural purposes 
     determined by an independent appraisal, exclusive of the 
     value of private improvements made by the leaseholders while 
     the land was federally owned before the date of the enactment 
     of this Act, in conformance with the Uniform Appraisal 
     Standards for Federal Land Acquisition.
       (B) Fair market value.--Any dispute over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (5) Conveyance to the state.--
       (A) In general.--If a preferential leaseholder fails to 
     purchase a parcel within the period specified in paragraph 
     (3)(A), the Secretary shall convey the parcel to the State of 
     South Dakota Department of Game, Fish, and Parks.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (6) Use of proceeds.--Proceeds of sales of land under this 
     title shall be deposited as miscellaneous funds in the 
     Treasury and such funds shall be made available, subject to 
     appropriations, to the State for the establishment of a trust 
     fund to pay the county taxes on the lands received by the 
     State Department of Game, Fish, and Parks under the bill.
       (e) Conveyance of Nonpreferential Lease Parcels and 
     Unleased Parcels.--
       (1) Conveyance by secretary to state.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall convey to the 
     South Dakota Department of Game, Fish, and Parks the 
     nonpreferential lease parcels and unleased parcels of the 
     Blunt Reservoir and Pierre Canal.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (2) Land exchanges for nonpreferential lease parcels and 
     unleased parcels.--
       (A) In general.--With the concurrence of the South Dakota 
     Department of Game, Fish, and Parks, the South Dakota 
     Commission of Schools and Public Lands may allow a person to 
     exchange land that the person owns elsewhere in the State for 
     a nonpreferential lease parcel or unleased parcel at Blunt 
     Reservoir or Pierre Canal, as the case may be.
       (B) Priority.--The right to exchange nonpreferential lease 
     parcels or unleased parcels shall be granted in the following 
     order or priority:
       (i) Exchanges with current lessees for nonpreferential 
     lease parcels.
       (ii) Exchanges with adjoining and adjacent landowners for 
     unleased parcels and nonpreferential lease parcels not 
     exchanged by current lessees.
       (C) Easement for water conveyance structure.--As a 
     condition of the exchange of land of the Pierre Canal Feature 
     under this paragraph, the United States reserves a perpetual 
     easement to the land to allow for the right to design, 
     construct, operate, maintain, repair, and replace a pipeline 
     or other water conveyance structure over, under, across, or 
     through the Pierre Canal feature.
       (f) Release From Liability.--
       (1) In general.--Effective on the date of conveyance of any 
     parcel under this title, the United States shall not be held 
     liable by any court for damages of any kind arising out of 
     any act, omission, or occurrence relating to the parcel, 
     except for damages for acts of negligence committed by the 
     United States or by an employee, agent, or contractor of the 
     United States, before the date of conveyance.
       (2) No additional liability.--Nothing in this section adds 
     to any liability that the

[[Page S11920]]

     United States may have under chapter 171 of title 28, United 
     States Code (commonly known as the ``Federal Tort Claims 
     Act'').
       (g) Requirements Concerning Conveyance of Lease Parcels.--
       (1) Interim requirements.--During the period beginning on 
     the date of enactment of this Act and ending on the date of 
     conveyance of the parcel, the Secretary shall continue to 
     lease each preferential lease parcel or nonpreferential lease 
     parcel to be conveyed under this section under the terms and 
     conditions applicable to the parcel on the date of enactment 
     of this Act.
       (2) Provision of parcel descriptions.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall provide the State a full legal description of all 
     preferential lease parcels and nonpreferential lease parcels 
     that may be conveyed under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this title $750,000 to 
     reimburse the Secretary for expenses incurred in implementing 
     this title, and such sums as are necessary to reimburse the 
     Commission for expenses incurred implementing this title, not 
     to exceed 10 percent of the cost of each transaction 
     conducted under this title.

             TITLE X--STEEL INDUSTRY NATIONAL HISTORIC SITE

     SEC. 1001. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Certain sites and structures in the Commonwealth of 
     Pennsylvania symbolize in physical form the heritage of the 
     steel industry of the United States.
       (2) Certain buildings and other structures in the 
     Commonwealth of Pennsylvania are nationally significant 
     historical resources, including the United States Steel 
     Homestead Works, the Carrie Furnace complex, and the Hot 
     Metal Bridge.
       (3) Despite substantial efforts for cultural preservation 
     and historical interpretation by the Commonwealth of 
     Pennsylvania and by individuals and public and private 
     entities in the Commonwealth, these buildings and other 
     structures may be lost without the assistance of the Federal 
     Government.
       (b) Purposes.--The purposes of this title are to ensure the 
     preservation, interpretation, visitor enjoyment, and 
     maintenance of the nationally significant historical and 
     cultural sites and structures described in subsection (a) for 
     the benefit and inspiration of present and future 
     generations.

     SEC. 1002. STEEL INDUSTRY NATIONAL HISTORIC SITE, 
                   PENNSYLVANIA.

       (a) Establishment.--The Steel Industry National Historic 
     Site is hereby established as a unit of the National Park 
     System in the Commonwealth of Pennsylvania.
       (b) Description.--
       (1) Inclusion of certain property.--Subject to paragraph 
     (2), the historic site shall consist of the following 
     properties, each of which relate to the former United States 
     Steel Homestead Works, as depicted on the map entitled 
     ``Steel Industry National Historic Site'', dated November 
     2003, and numbered 80,000:
       (A) The historic location of the Battle of Homestead site 
     in the borough of Munhall, Pennsylvania, consisting of 
     approximately 3 acres of land, including the pumphouse and 
     water tower and related structures, within the property 
     bounded by the Monongahela River, the CSX railroad, 
     Waterfront Drive, and the Damascus-Marcegaglia Steel Mill.
       (B) The historic location of the Carrie Furnace complex in 
     the boroughs of Swissvale and Rankin, Pennsylvania, 
     consisting of approximately 35 acres of land, including blast 
     furnaces 6 and 7, the ore yard, the cast house, the blowing 
     engine house, the AC power house, and related structures, 
     within the property bounded by the proposed southwesterly 
     right-of-way line needed to accommodate the Mon/Fayette 
     Expressway and the relocated CSX railroad right-of-way, the 
     Monongahela River, and a property line drawn northeast to 
     southwest approximately 100 yards east of the AC power house.
       (C) The historic location of the Hot Metal Bridge, 
     consisting of the Union railroad bridge and its approaches, 
     spanning the Monongahela River and connecting the mill sites 
     in the boroughs of Rankin and Munhall, Pennsylvania.
       (2) Availability of map.--The map referred to in paragraph 
     (1) shall be available for public inspection in an 
     appropriate office of the National Park Service.
       (c) Acquisition of Property.-- To further the purposes of 
     this section, the Secretary of the Interior may acquire, only 
     by donation, property for inclusion in the historic site as 
     follows:
       (1) Any land or interest in land with respect to the 
     property identified in subsection (b)(1).
       (2) Up to 10 acres of land adjacent to or in the general 
     proximity of the property identified in such subsection, for 
     the development of visitor, administrative, museum, 
     curatorial, and maintenance facilities.
       (3) Personal property associated with, and appropriate for, 
     the interpretation of the historic site.
       (d) Private Property Protections.--Nothing in this title 
     shall be construed--
       (1) to require any private property owner to permit public 
     access (including Federal, State, or local government access) 
     to the private property; or
       (2) to modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (e) Administration.--The Secretary of the Interior shall 
     administer the historic site in accordance with this title 
     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.), and the Act of August 21, 1935 
     (16 U.S.C. 461 et seq.).
       (f) Cooperative Agreements.--
       (1) In general.--Until such time as the Secretary of the 
     Interior has acquired the property identified in subsection 
     (b)(1), as depicted on the map referred to in such 
     subsection, the Secretary may enter into a cooperative 
     agreement with any interested individual, public or private 
     agency, organization, or institution to further the purposes 
     of the historic site.
       (2) Contrary purposes.--Any payment made by the Secretary 
     pursuant to a cooperative agreement under this subsection 
     shall be subject to an agreement that conversion, use, or 
     disposal of the project so assisted for purposes contrary to 
     the purpose of the historic site, as determined by the 
     Secretary, shall result in a right of the United States to 
     reimbursement of all funds made available to such a project 
     or the proportion of the increased value of the project 
     attributable to such funds as determined at the time of such 
     conversion, use, or disposal, whichever is greater.
       (g) Technical Assistance.--The Secretary of the Interior 
     may provide technical assistance to any person for--
       (1) the preservation of historic structures within the 
     historic site; and
       (2) the maintenance of the natural and cultural landscape 
     of the historic site.
       (h) General Management Plan.--
       (1) Preparation.--Not later than three years after the date 
     on which funds are first made available to carry out this 
     title, the Secretary of the Interior shall prepare a general 
     management plan for the historic site that will incorporate 
     or otherwise address substantive comments made during the 
     consultation required by paragraph (2).
       (2) Consultation.--The Secretary shall prepare the general 
     management plan in consultation with--
       (A) an appropriate official of each appropriate political 
     subdivision of the Commonwealth of Pennsylvania that has 
     jurisdiction over all or a portion of the lands included in 
     the historic site;
       (B) an appropriate official of the Steel Industry Heritage 
     Corporation; and
       (C) private property owners in the vicinity of the historic 
     site.
       (3) Submission of plan to congress.--Upon the completion of 
     the general management plan, the Secretary shall submit a 
     copy of the plan to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Resources of the 
     House of Representatives.

            TITLE XI--ST. CROIX NATIONAL HERITAGE AREA STUDY

     SEC. 1101. ST. CROIX NATIONAL HERITAGE AREA STUDY.

       (a) Study.--The Secretary of the Interior, in consultation 
     with appropriate State historic preservation officers, States 
     historical societies, and other appropriate organizations, 
     shall conduct a study regarding the suitability and 
     feasibility of designating the island of St. Croix as the St. 
     Croix National Heritage Area. The study shall include 
     analysis, documentation, and determination regarding whether 
     the island of St. Croix--
       (1) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (2) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (3) provides outstanding recreational and educational 
     opportunities;
       (4) contains resources important to the identified theme or 
     themes of the island of St. Croix that retain a degree of 
     integrity capable of supporting interpretation;
       (5) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles of all participants 
     (including the Federal Government), and have demonstrated 
     support for the concept of a national heritage area;
       (6) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity; and
       (7) has a conceptual boundary map that is supported by the 
     public.
       (b) Private Property.--In conducting the study required by 
     this section, the Secretary of the Interior shall analyze the 
     potential impact that designation of the area as a national 
     heritage area is likely to have on land within the proposed 
     area or bordering the proposed area that is privately owned 
     at the time that the study is conducted.
       (c) Report.--Not later than 3 fiscal years after the date 
     on which funds are first made available for this section, the 
     Secretary of the Interior 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 
     findings, conclusions, and recommendations as the Secretary 
     deems appropriate.

[[Page S11921]]

           TITLE XII--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

     SEC. 1201. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Arabia Mountain area contains a variety of natural, 
     cultural, historical, scenic, and recreational resources that 
     together represent distinctive aspects of the heritage of the 
     United States that are worthy of recognition, conservation, 
     interpretation, and continuing use.
       (2) The best methods for managing the resources of the 
     Arabia Mountain area would be through partnerships between 
     public and private entities that combine diverse resources 
     and active communities.
       (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
     park in DeKalb County, Georgia--
       (A) protects granite outcrop ecosystems, wetland, and pine 
     and oak forests; and
       (B) includes federally-protected plant species.
       (4) Panola Mountain, a national natural landmark, located 
     in the 860-acre Panola Mountain State Conservation Park, is a 
     rare example of a pristine granite outcrop.
       (5) The archaeological site at Miners Creek Preserve along 
     the South River contains documented evidence of early human 
     activity.
       (6) The city of Lithonia, Georgia, and related sites of 
     Arabia Mountain and Stone Mountain possess sites that display 
     the history of granite mining as an industry and culture in 
     Georgia, and the impact of that industry on the United 
     States.
       (7) The community of Klondike is eligible for designation 
     as a National Historic District.
       (8) The city of Lithonia has 2 structures listed on the 
     National Register of Historic Places.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To recognize, preserve, promote, interpret, and make 
     available for the benefit of the public the natural, 
     cultural, historical, scenic, and recreational resources in 
     the area that includes Arabia Mountain, Panola Mountain, 
     Miners Creek, and other significant sites and communities.
       (2) To assist the State of Georgia and the counties of 
     DeKalb, Rockdale, and Henry in the State in developing and 
     implementing an integrated cultural, historical, and land 
     resource management program to protect, enhance, and 
     interpret the significant resources within the heritage area.

     SEC. 1202. DEFINITIONS.

        For the purposes of this title, the following definitions 
     apply:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     1203.
       (2) Management entity.--The term ``management entity'' 
     means the Arabia Mountain Heritage Area Alliance or a 
     successor of the Arabia Mountain Heritage Area Alliance.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 1205.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

     SEC. 1203. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Arabia 
     Mountain National Heritage Area in the State.
       (b) Boundaries.--The heritage area shall consist of certain 
     parcels of land in the counties of DeKalb, Rockdale, and 
     Henry in the State, as generally depicted on the map entitled 
     ``Arabia Mountain National Heritage Area'', numbered AMNHA/
     80,000, and dated October, 2003.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Management Entity.--The Arabia Mountain Heritage Area 
     Alliance shall be the management entity for the heritage 
     area.

     SEC. 1204. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the management entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, political subdivisions of the State, and 
     private organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--
       (1) Management plan.--
       (A) In general.--The management entity shall develop and 
     submit to the Secretary the management plan.
       (B) Considerations.--In developing and implementing the 
     management plan, the management entity shall consider the 
     interests of diverse governmental, business, and nonprofit 
     groups within the heritage area.
       (2) Priorities.--The management entity shall give priority 
     to implementing actions described in the management plan, 
     including assisting units of government and nonprofit 
     organizations in preserving resources within the heritage 
     area.
       (3) Public meetings.--The management entity shall conduct 
     public meetings at least quarterly on the implementation of 
     the management plan.
       (4) Annual report.--For any year in which Federal funds 
     have been made available under this title, the management 
     entity shall submit to the Secretary an annual report that 
     describes the following:
       (A) The accomplishments of the management entity.
       (B) The expenses and income of the management entity.
       (5) Audit.--The management entity shall--
       (A) make available to the Secretary for audit all records 
     relating to the expenditure of Federal funds and any matching 
     funds; and
       (B) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of those funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds made available under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds made available 
     under other Federal laws for any purpose for which the funds 
     are authorized to be used.

     SEC. 1205. MANAGEMENT PLAN.

       (a) In General.--The management entity shall develop a 
     management plan for the heritage area that incorporates an 
     integrated and cooperative approach to protect, interpret, 
     and enhance the natural, cultural, historical, scenic, and 
     recreational resources of the heritage area.
       (b) Basis.--The management plan shall be based on the 
     preferred concept in the document entitled ``Arabia Mountain 
     National Heritage Area Feasibility Study'', dated February 
     28, 2001.
       (c) Consideration of Other Plans and Actions.--The 
     management plan shall--
       (1) take into consideration State and local plans; and
       (2) involve residents, public agencies, and private 
     organizations in the heritage area.
       (d) Requirements.--The management plan shall include the 
     following:
       (1) An inventory of the resources in the heritage area, 
     including--
       (A) a list of property in the heritage area that--
       (i) relates to the purposes of the heritage area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     heritage area.
       (2) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the heritage area consistent 
     with the purposes of this title.
       (3) An interpretation plan for the heritage area.
       (4) A program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the heritage area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (5) A description and evaluation of the management entity, 
     including the membership and organizational structure of the 
     management entity.
       (e) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the management entity shall submit 
     the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this title until such date as a management plan 
     for the heritage area is submitted to the Secretary.
       (f) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (e), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) Revision.--If the Secretary disapproves a management 
     plan submitted under paragraph (1), the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the management entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (g) Revision of Management Plan.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the management entity shall periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the management entity for 
     any revisions to the management plan that the management 
     entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any revision proposed 
     by the management entity under paragraph (1)(B) until the 
     Secretary approves the revision.

[[Page S11922]]

     SEC. 1206. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--At the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the heritage area to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, scenic, and recreational resources that support 
     the purposes of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 1207. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this title--
       (1) imposes an occupational, safety, conservation, or 
     environmental regulation on the heritage area that is more 
     stringent than the regulations that would be applicable to 
     the land described in section 1203(b) but for the 
     establishment of the heritage area by section 1203; or
       (2) authorizes a Federal agency to promulgate an 
     occupational, safety, conservation, or environmental 
     regulation for the heritage area that is more stringent than 
     the regulations applicable to the land described in section 
     1203(b) as of the date of enactment of this Act, solely as a 
     result of the establishment of the heritage area by section 
     1203.
       (b) Land Use Regulation.--Nothing in this title--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act; or
       (2) grants powers of zoning or land use to the management 
     entity.

     SEC. 1208. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 1209. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority To Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 1210. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, to remain available until 
     expended, of which not more than $1,000,000 may be used in 
     any fiscal year.
       (b) Federal Share.--The Federal share of the cost of any 
     project or activity carried out using funds made available 
     under this title shall not exceed 50 percent.

     SEC. 1211. TERMINATION OF AUTHORITY.

        The authority of the Secretary to make any grant or 
     provide any assistance under this title shall terminate on 
     September 30, 2016.

       TITLE XIII--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

     SEC. 1301. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The upper Housatonic Valley, encompassing 29 towns in 
     the hilly terrain of western Massachusetts and northwestern 
     Connecticut, is a singular geographical and cultural region 
     that has made significant national contributions through its 
     literary, artistic, musical, and architectural achievements, 
     its iron, paper, and electrical equipment industries, and its 
     scenic beautification and environmental conservation efforts.
       (2) The upper Housatonic Valley has 139 properties and 
     historic districts listed on the National Register of 
     Historic Places including--
       (A) five National Historic Landmarks--
       (i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
       (ii) Herman Melville's home, Arrowhead, Pittsfield, 
     Massachusetts;
       (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, 
     Massachusetts;
       (iv) Mission House, Stockbridge, Massachusetts; and
       (v) Crane and Company Old Stone Mill Rag Room, Dalton, 
     Massachusetts; and
       (B) four National Natural Landmarks--
       (i) Bartholomew's Cobble, Sheffield, Massachusetts, and 
     Salisbury, Connecticut;
       (ii) Beckley Bog, Norfolk, Connecticut;
       (iii) Bingham Bog, Salisbury, Connecticut; and
       (iv) Cathedral Pines, Cornwall, Connecticut.
       (3) Writers, artists, musicians, and vacationers have 
     visited the region for more than 150 years to enjoy its 
     scenic wonders, making it one of the country's leading 
     cultural resorts.
       (4) The upper Housatonic Valley has made significant 
     national cultural contributions through such writers as 
     Herman Melville, Nathaniel Hawthorne, Edith Wharton, and 
     W.E.B. DuBois, artists Daniel Chester French and Norman 
     Rockwell, and the performing arts centers of Tanglewood, 
     Music Mountain, Norfolk (Connecticut) Chamber Music Festival, 
     Jacob's Pillow, and Shakespeare & Company.
       (5) The upper Housatonic Valley is noted for its pioneering 
     achievements in the iron, paper, and electrical generation 
     industries and has cultural resources to interpret those 
     industries.
       (6) The region became a national leader in scenic 
     beautification and environmental conservation efforts 
     following the era of industrialization and deforestation and 
     maintains a fabric of significant conservation areas 
     including the meandering Housatonic River.
       (7) Important historical events related to the American 
     Revolution, Shays' Rebellion, and early civil rights took 
     place in the upper Housatonic Valley.
       (8) The region had an American Indian presence going back 
     10,000 years and Mohicans had a formative role in contact 
     with Europeans during the seventeenth and eighteenth 
     centuries.
       (9) The Upper Housatonic Valley National Heritage Area has 
     been proposed in order to heighten appreciation of the 
     region, preserve its natural and historical resources, and 
     improve the quality of life and economy of the area.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To establish the Upper Housatonic Valley National 
     Heritage Area in the State of Connecticut and the 
     Commonwealth of Massachusetts.
       (2) To implement the national heritage area alternative as 
     described in the document entitled ``Upper Housatonic Valley 
     National Heritage Area Feasibility Study, 2003''.
       (3) To provide a management framework to foster a close 
     working relationship with all levels of government, the 
     private sector, and the local communities in the upper 
     Housatonic Valley region to conserve the region's heritage 
     while continuing to pursue compatible economic opportunities.
       (4) To assist communities, organizations, and citizens in 
     the State of Connecticut and the Commonwealth of 
     Massachusetts in identifying, preserving, interpreting, and 
     developing the historical, cultural, scenic, and natural 
     resources of the region for the educational and inspirational 
     benefit of current and future generations.

     SEC. 1302. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Upper Housatonic Valley National Heritage Area, established 
     in section 1303.
       (2) Management entity.--The term ``Management Entity'' 
     means the management entity for the Heritage Area designated 
     by section 1303(d).
       (3) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area specified in 
     section 1305.
       (4) Map.--The term ``map'' means the map entitled 
     ``Boundary Map Upper Housatonic Valley National Heritage 
     Area'', numbered P17/80,000, and dated February 2003.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Connecticut and the Commonwealth of Massachusetts.

     SEC. 1303. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Upper 
     Housatonic Valley National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of--
       (1) part of the Housatonic River's watershed, which extends 
     60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
       (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
     Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
     Connecticut; and

[[Page S11923]]

       (3) the towns of Alford, Becket, Dalton, Egremont, Great 
     Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, 
     Monterey, Mount Washington, New Marlboro, Pittsfield, 
     Richmond, Sheffield, Stockbridge, Tyringham, Washington, and 
     West Stockbridge in Massachusetts.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Management Entity.--The Upper Housatonic Valley 
     National Heritage Area, Inc. shall be the management entity 
     for the Heritage Area.

     SEC. 1304. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE 
                   MANAGEMENT ENTITY.

       (a) Duties of the Management Entity.--To further the 
     purposes of the Heritage Area, the management entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 1305;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the management entity receives Federal funds 
     under this title, setting forth its accomplishments, 
     expenses, and income, including grants to any other entities 
     during the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this title, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require in all agreements authorizing expenditures 
     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; and
       (7) encourage by appropriate means economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The management entity may, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this title to--
       (1) make grants to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political subdivisions, 
     nonprofit organizations and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State of Connecticut and the 
     Commonwealth of Massachusetts, their subdivisions, nonprofit 
     organizations, and other interested parties;
       (3) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) undertake to be a catalyst for any other activity that 
     furthers the purposes of the Heritage Area and is consistent 
     with the approved management plan.
       (c) Prohibitions on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this title to acquire real property, but may use any other 
     source of funding, including other Federal funding outside 
     this authority, intended for the acquisition of real 
     property.

     SEC. 1305. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies and 
     recommendations for conservation, funding, management and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the natural, historical and cultural resources of the 
     Heritage Area;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area in the 
     first 5 years of implementation;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained;
       (6) describe a program of implementation for the management 
     plan including plans for resource protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the management entity or any 
     government, organization, or individual for the first 5 years 
     of implementation; and
       (7) include an interpretive plan for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary for approval within 3 years 
     after funds are made available for this title.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal funding under this title until such time as the 
     management plan is submitted to the Secretary.

     SEC. 1306. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon the request of the management entity, provide technical 
     assistance on a reimbursable or non-reimbursable basis and 
     financial assistance to the Heritage Area to develop and 
     implement the approved management plan. The Secretary is 
     authorized to enter into cooperative agreements with the 
     management entity and other public or private entities for 
     this purpose. In assisting the Heritage Area, the Secretary 
     shall give priority to actions that in general assist in--
       (1) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Approval and Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area including governments, natural 
     and historic resource protection organizations, educational 
     institutions, businesses, and recreational organizations;
       (B) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials whose cooperation is needed to 
     ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the management entity in writing of the reasons therefore and 
     shall make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision within 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The management entity shall not use Federal 
     funds authorized by this title to implement any amendments 
     until the Secretary has approved the amendments.

     SEC. 1307. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Area shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities;
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this title and, to the 
     maximum extent practicable, coordinate such activities with 
     the carrying out of such duties; and,
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner which the management entity 
     determines will not have an adverse effect on the Heritage 
     Area.

     SEC. 1308. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their

[[Page S11924]]

     property immediately removed from the boundary by submitting 
     a written request to the management entity.

     SEC. 1309. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority To Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 1310. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this title 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 title.
       (b) Matching Funds.--Federal funding provided under this 
     title may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this title.

     SEC. 1311. SUNSET.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on the day occurring 15 years 
     after funds are first made available for this title.

  TITLE XIV--PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2004

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Pactola Reservoir 
     Reallocation Authorization Act of 2004''.

     SEC. 1402. FINDINGS.

       Congress finds that--
       (1) it is appropriate to reallocate the costs of the 
     Pactola Dam and Reservoir, South Dakota, to reflect increased 
     demands for municipal, industrial, and fish and wildlife 
     purposes; and
       (2) section 302 of the Department of Energy Organization 
     Act (42 U.S.C. 7152) prohibits such a reallocation of costs 
     without congressional approval.

     SEC. 1403. REALLOCATION OF COSTS OF PACTOLA DAM AND 
                   RESERVOIR, SOUTH DAKOTA.

       The Secretary of the Interior may, as provided in the 
     contract of August 2001 entered into between Rapid City, 
     South Dakota, and the Rapid Valley Conservancy District, 
     reallocate, in a manner consistent with Federal reclamation 
     law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
     and Acts supplemental to and amendatory of that Act (43 
     U.S.C. 371 et seq.)), the construction costs of Pactola Dam 
     and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin 
     Program, South Dakota, from irrigation purposes to municipal, 
     industrial, and fish and wildlife purposes.

               TITLE XV--GULLAH/GEECHEE CULTURAL HERITAGE

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Gullah/Geechee Cultural 
     Heritage Act''.

     SEC. 1502. PURPOSES.

       The purposes of this title are to--
       (1) recognize the important contributions made to American 
     culture and history by African-Americans known as the Gullah/
     Geechee who settled in the coastal counties of South Carolina 
     and Georgia;
       (2) assist State and local governments and public and 
     private entities in the South Carolina and Georgia in 
     interpreting the story of the Gullah/Geechee and preserving 
     Gullah/Geechee folklore, arts, crafts, and music; and
       (3) assist in identifying and preserving sites, historical 
     data, artifacts, and objects associated with the Gullah/
     Geechee for the benefit and education of the public.

     SEC. 1503. DEFINITIONS.

       For the purposes of this title, the following definitions 
     apply:
       (1) Commission.--The term ``Commission'' means the Gullah/
     Geechee Cultural Heritage Corridor Commission established 
     under this title.
       (2) Heritage corridor.--The term ``Heritage Corridor'' 
     means the Gullah/Geechee Cultural Heritage Corridor 
     established by this title.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1504. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established the Gullah/Geechee 
     Cultural Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The Heritage Corridor shall be comprised 
     of those lands and waters generally depicted on a map 
     entitled ``Gullah/Geechee Cultural Heritage Corridor'' 
     numbered GGCHC/80,000, and dated September 2004. The map 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service and in an 
     appropriate State office in each of the States included in 
     the Heritage Corridor. The Secretary shall publish in the 
     Federal Register, as soon as practicable after the date of 
     enactment of this Act a detailed description and map of the 
     boundaries established under this subsection.
       (2) Revisions.--The boundaries of the heritage corridor may 
     be revised if the revision is--
       (A) proposed in the management plan developed for the 
     Heritage Corridor;
       (B) approved by the Secretary in accordance with this 
     title; and
       (C) placed on file in accordance with paragraph (1).
       (c) Administration.--The Heritage Corridor shall be 
     administered in accordance with the provisions of this title.

     SEC. 1505. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--There is hereby established a 
     commission to be known as ``Gullah/Geechee Cultural Heritage 
     Corridor Commission'' whose purpose shall be to assist 
     Federal, State, and local authorities in the development and 
     implementation of a management plan for those land and waters 
     specified in section 1504.
       (b) Membership.--The Commission shall be composed of nine 
     members appointed by the Secretary as follows:
       (1) Four individuals nominated by the State Historic 
     Preservation Officer of South Carolina and two individuals 
     nominated by the State Historic Preservation Officer of 
     Georgia and appointed by the Secretary.
       (2) Two individuals from South Carolina and one individual 
     from Georgia who are recognized experts in historic 
     preservation, anthropology, and folklore, appointed by the 
     Secretary.
       (c) Terms.--Members of the Commission shall be appointed to 
     terms not to exceed 3 years. The Secretary may stagger the 
     terms of the initial appointments to the Commission in order 
     to assure continuity of operation. Any member of the 
     Commission may serve after the expiration of their term until 
     a successor is appointed. A vacancy shall be filled in the 
     same manner in which the original appointment was made.
       (d) Termination.--The Commission shall terminate 10 years 
     after the date of enactment of this Act.

     SEC. 1506. OPERATION OF THE COMMISSION.

       (a) Duties of the Commission.--To further the purposes of 
     the Heritage Corridor, the Commission shall--
       (1) prepare and submit a management plan to the Secretary 
     in accordance with section 1507;
       (2) assist units of local government and other persons in 
     implementing the Approved management plan by--
       (A) carry out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Corridor;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Corridor;
       (C) developing recreational and educational opportunities 
     in the Heritage Corridor;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, natural, and scenic resources of the 
     Heritage Corridor;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Corridor that are consistent with heritage 
     corridor themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Corridor; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Corridor;
       (3) consider the interests of diverse units of government, 
     business, organizations, and individuals in the Heritage 
     Corridor in the preparation and implementation of the 
     management plan;
       (4) conduct meetings open to the public at least quarterly 
     regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the Commission receives Federal funds under 
     this title, setting forth its accomplishments, expenses, and 
     income, including grants made to any other entities during 
     the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this title, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organization make available for audit all records and other 
     information pertaining to the expenditure of such funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Corridor.

[[Page S11925]]

       (b) Authorities.--The Commission may, for the purposes of 
     preparing and implementing the management plan, use funds 
     made available under this title to--
       (1) make grants to, and enter into cooperative agreements 
     with the States of South Carolina and Georgia, political 
     subdivisions of those States, a nonprofit organization, or 
     any person;
       (2) hire and compensate staff;
       (3) obtain funds from any source including any that are 
     provided under any other Federal law or program; and
       (4) contract for goods and services.

     SEC. 1507. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage 
     Corridor shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Corridor;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the historical, cultural, and natural resources of 
     the Heritage Corridor;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Corridor in the 
     first 5 years of implementation;
       (5) include an inventory of the historical, cultural, 
     natural, resources of the Heritage Corridor related to the 
     themes of the Heritage Corridor that should be preserved, 
     restored, managed, developed, or maintained;
       (6) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the Heritage Corridor's 
     historical, cultural, and natural resources;
       (7) describe a program for implementation of the management 
     plan including plans for resources protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the Commission or any government, 
     organization, or individual for the first 5 years of 
     implementation;
       (8) include an analysis and recommendations for the ways in 
     which Federal, State, or local programs may best be 
     coordinated to further the purposes of this title; and
       (9) include an interpretive plan for the Heritage Corridor.
       (b) Submittal of Management Plan.--The Commission shall 
     submit the management plan to the Secretary for approval not 
     later than 3 years after funds are made available for this 
     title.
       (c) Failure to Submit.--If the Commission fails to submit 
     the management plan to the Secretary in accordance with 
     subsection (b), the Heritage Corridor shall not qualify for 
     Federal funding until the management plan is submitted.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the Commission has afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the management plan;
       (B) the resource preservation and interpretation strategies 
     contained in the management plan would adequately protect the 
     cultural and historic resources of the Heritage Corridor; and
       (C) the Secretary has received adequate assurances from 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the Commission in writing of the reasons therefore and shall 
     make recommendations for revisions to the management plan. 
     The Secretary shall approve or disapprove a proposed revision 
     not later than 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed and approved by the 
     Secretary in the same manner as provided in the original 
     management plan. The Commission shall not use Federal funds 
     authorized by this title to implement any amendments until 
     the Secretary has approved the amendments.

     SEC. 1508. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--Upon a request of the Commission, the 
     Secretary may provide technical and financial assistance for 
     the development and implementation of the management plan.
       (b) Priority for Assistance.--In providing assistance under 
     subsection (a), the Secretary shall give priority to actions 
     that assist in--
       (1) conserving the significant cultural, historical, and 
     natural resources of the Heritage Corridor; and
       (2) providing educational and interpretive opportunities 
     consistent with the purposes of the Heritage Corridor.
       (c) Spending for Non-Federal Property.--
       (1) In general.--The Commission may expend Federal funds 
     made available under this title on nonfederally owned 
     property that is--
       (A) identified in the management plan; or
       (B) listed or eligible for listing on the National Register 
     for Historic Places.
       (2) Agreements.--Any payment of Federal funds made pursuant 
     to this title shall be subject to an agreement that 
     conversion, use, or disposal of a project so assisted for 
     purposes contrary to the purposes of this title, as 
     determined by the Secretary, shall result in a right of the 
     United States to compensation of all funds made available to 
     that project or the proportion of the increased value of the 
     project attributable to such funds as determined at the time 
     of such conversion, use, or disposal, whichever is greater.

     SEC. 1509. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Corridor shall--
       (1) consult with the Secretary and the Commission with 
     respect to such activities;
       (2) cooperate with the Secretary and the Commission in 
     carrying out their duties under this title and, to the 
     maximum extent practicable, coordinate such activities with 
     the carrying out of such duties; and
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner in which the Commission 
     determines will not have an adverse effect on the Heritage 
     Corridor.

     SEC. 1510. COASTAL HERITAGE CENTERS.

       In furtherance of the purposes of this title and using the 
     authorities made available under this title, the Commission 
     shall establish one or more Coastal Heritage Centers at 
     appropriate locations within the Heritage Corridor in 
     accordance with the preferred alternative identified in the 
     Record of Decision for the Low Country Gullah Culture Special 
     Resource Study and Environmental Impact Study, December 2003.

     SEC. 1511. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to require any private property owner to 
     permit public access (including Federal, State, or local 
     government access) to such private property. Nothing in this 
     title shall be construed to modify any provision of Federal, 
     State, or local law with regard to public access to or use of 
     private lands.
       (b) Liability.--Designation of the Heritage Corridor shall 
     not be considered to create any liability, or to have any 
     effect on any liability under any other law, of any private 
     property owner with respect to any persons injured on such 
     private property.
       (c) Recognition of Authority To Control Land Use.--Nothing 
     in this title shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Corridor.--Nothing in this title shall be construed to 
     require the owner of any private property located within the 
     boundaries of the Heritage Corridor to participate in or be 
     associated with the Heritage Corridor.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Corridor represent the area within which Federal 
     funds appropriated for the purpose of this title shall be 
     expended. The establishment of the Heritage Corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Corridor 
     or its viewshed by the Secretary or the management entity.
       (f) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Corridor 
     until the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (g) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Corridor shall 
     have their property immediately removed from within the 
     boundary by submitting a written request to the management 
     entity.

     SEC. 1512. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this title 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 Corridor under this title.
       (b) Cost Share.--Federal funding provided under this title 
     may not exceed 50 percent of the total cost of any activity 
     for which assistance is provided under this title.
       (c) In-Kind Contributions.--The Secretary may accept in-
     kind contributions as part of the non-Federal cost share of 
     any activity for which assistance is provided under this 
     title.

     SEC. 1513. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on the day occurring 15 years 
     after the date of enactment of this Act.

                TITLE XVI--WESTERN RESERVE HERITAGE AREA

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Western Reserve Heritage 
     Areas Study Act''.

[[Page S11926]]

     SEC. 1602. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN 
                   RESERVE, OHIO.

       (a) Findings.--The Congress finds the following:
       (1) The area that encompasses the modern-day counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and 
     Ashland in Ohio with the rich history in what was once the 
     Western Reserve, has made a unique contribution to the 
     cultural, political and industrial development of the United 
     States.
       (2) The Western Reserve is distinctive as the land settled 
     by the people of Connecticut after the Revolutionary War. The 
     Western Reserve holds a unique mark as the original 
     wilderness land of the West that many settlers migrated to in 
     order to begin life outside of the original 13 colonies.
       (3) The Western Reserve played a significant role in 
     providing land to the people of Connecticut whose property 
     and land was destroyed during the Revolution. These settlers 
     were descendants of the brave immigrants who came to the 
     Americas in the 17th century.
       (4) The Western Reserve offered a new destination for those 
     who moved west in search of land and prosperity. The 
     agricultural and industrial base that began in the Western 
     Reserve still lives strong in these prosperous and historical 
     counties.
       (5) The heritage of the Western Reserve remains transfixed 
     in the counties of Trumbull, Mahoning, Ashtabula, Portage, 
     Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, 
     Ottawa, and Ashland in Ohio. The people of these counties are 
     proud of their heritage as shown through the unwavering 
     attempts to preserve agricultural land and the industrial 
     foundation that has been embedded in this region since the 
     establishment of the Western Reserve. Throughout these 
     counties, historical sites, and markers preserve the unique 
     traditions and customs of its original heritage.
       (6) The counties that encompass the Western Reserve 
     continue to maintain a strong connection to its historic past 
     as seen through its preservation of its local heritage, 
     including historic homes, buildings, and centers of public 
     gatherings.
       (7) There is a need for assistance for the preservation and 
     promotion of the significance of the Western Reserve as the 
     natural, historic and cultural heritage of the counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and 
     Ashland in Ohio.
       (8) The Department of the Interior is responsible for 
     protecting the Nation's cultural and historical resources. 
     There are significant examples of such resources within these 
     counties and what was once the Western Reserve to merit the 
     involvement of the Federal Government in the development of 
     programs and projects, in cooperation with the State of Ohio 
     and other local governmental entities, to adequately 
     conserve, protect, and interpret this heritage for future 
     generations, while providing opportunities for education and 
     revitalization.
       (b) Study.--
       (1) In general.--The Secretary shall, in consultation with 
     the State of Ohio, the counties of Trumbull, Mahoning, 
     Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, 
     Huron, Lorain, Erie, Ottawa, and Ashland, and other 
     appropriate organizations, carry out a study regarding the 
     suitability and feasibility of establishing the Western 
     Reserve Heritage Area in these counties in Ohio.
       (2) Contents.--The study shall include analysis and 
     documentation regarding whether the Study Area--
       (A) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (C) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (D) provides outstanding recreational and educational 
     opportunities;
       (E) contains resources important to the identified theme or 
     themes of the Study Area that retain a degree of integrity 
     capable of supporting interpretation;
       (F) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles for all participants, 
     including the Federal Government, and have demonstrated 
     support for the concept of a national heritage area;
       (G) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity;
       (H) has a conceptual boundary map that is supported by the 
     public; and
       (I) has potential or actual impact on private property 
     located within or abutting the Study Area.
       (c) Boundaries of the Study Area.--The Study Area shall be 
     comprised of the counties of Trumbull, Mahoning, Ashtabula, 
     Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, 
     Lorain, Erie, Ottawa, and Ashland in Ohio.

                     TITLE XVII--TRIBAL PARITY ACT

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Tribal Parity Act''.

     SEC. 1702. FINDINGS.

       Congress finds that--
       (1) the Pick-Sloan Missouri River Basin Program (authorized 
     by section 9 of the Act of December 22, 1944 (commonly known 
     as the ``Flood Control Act of 1944'') (58 Stat. 891)), was 
     approved to promote the general economic development of the 
     United States;
       (2) the Fort Randall and Big Bend dam and reservoir 
     projects in South Dakota--
       (A) are major components of the Pick-Sloan Missouri River 
     Basin Program; and
       (B) contribute to the national economy;
       (3) the Fort Randall and Big Bend projects inundated the 
     fertile bottom land of the Lower Brule and Crow Creek Sioux 
     Tribes, which greatly damaged the economy and cultural 
     resources of the Tribes;
       (4) Congress has provided compensation to several Indian 
     tribes, including the Lower Brule and Crow Creek Sioux 
     Tribes, that border the Missouri River and suffered injury as 
     a result of 1 or more Pick-Sloan Projects;
       (5) the compensation provided to those Indian tribes has 
     not been consistent;
       (6) Missouri River Indian tribes that suffered injury as a 
     result of 1 or more Pick-Sloan Projects should be adequately 
     compensated for those injuries, and that compensation should 
     be consistent among the Tribes; and
       (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux 
     Tribe, based on methodology determined appropriate by the 
     General Accounting Office, are entitled to receive additional 
     compensation for injuries described in paragraph (6), so as 
     to provide parity among compensation received by all Missouri 
     River Indian tribes.

     SEC. 1703. LOWER BRULE SIOUX TRIBE.

       Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
     Development Trust Fund Act (Public Law 105-132; 111 Stat. 
     2565) is amended by striking ``$39,300,000'' and inserting 
     ``$186,822,140''.

     SEC. 1704. CROW CREEK SIOUX TRIBE.

       Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
     Development Trust Fund Act of 1996 (Public Law 104-223; 110 
     Stat. 3027) is amended by striking ``$27,500,000'' and 
     inserting ``$105,917,853''.

        TITLE XVIII--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

     SEC. 1801. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) northern New Mexico encompasses a mosaic of cultures 
     and history, including eight Pueblos and the descendants of 
     Spanish ancestors who settled in the area in 1598;
       (2) the combination of cultures, languages, folk arts, 
     customs, and architecture make northern New Mexico unique;
       (3) the area includes spectacular natural, scenic, and 
     recreational resources;
       (4) there is broad support from local governments and 
     interested individuals to establish a National Heritage Area 
     to coordinate and assist in the preservation and 
     interpretation of these resources;
       (5) in 1991, the National Park Service study Alternative 
     Concepts for Commemorating Spanish Colonization identified 
     several alternatives consistent with the establishment of a 
     National Heritage Area, including conducting a comprehensive 
     archaeological and historical research program, coordinating 
     a comprehensive interpretation program, and interpreting a 
     cultural heritage scene; and
       (6) establishment of a National Heritage Area in northern 
     New Mexico would assist local communities and residents in 
     preserving these unique cultural, historical and natural 
     resources.

     SEC. 1802. DEFINITIONS.

       As used in this title--
       (1) the term ``heritage area'' means the Northern Rio 
     Grande Heritage Area; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 1803. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the 
     Northern Rio Grande National Heritage Area in the State of 
     New Mexico.
       (b) Boundaries.--The heritage area shall include the 
     counties of Santa Fe, Rio Arriba, and Taos.
       (c) Management Entity.--
       (1) The Northern Rio Grande National Heritage Area, Inc., a 
     non-profit corporation chartered in the State of New Mexico, 
     shall serve as the management entity for the heritage area.
       (2) The Board of Directors for the management entity shall 
     include representatives of the State of New Mexico, the 
     counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos 
     within the heritage area, the cities of Santa Fe, Espanola 
     and Taos, and members of the general public. The total number 
     of Board members and the number of Directors representing 
     State, local and tribal governments and interested 
     communities shall be established to ensure that all parties 
     have appropriate representation on the Board.

     SEC. 1804. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Management Plan.--

[[Page S11927]]

       (1) Not later than 3 years after the date of enactment of 
     this title, the management entity shall develop and forward 
     to the Secretary a management plan for the heritage area.
       (2) The management entity shall develop and implement the 
     management plan in cooperation with affected communities, 
     tribal and local governments and shall provide for public 
     involvement in the development and implementation of the 
     management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) include an analysis of ways in which local, State, 
     Federal, and tribal programs may best be coordinated to 
     promote the purposes of this title.
       (4) If the management entity fails to submit a management 
     plan to the secretary as provided in paragraph (1), the 
     heritage area shall no longer be eligible to receive Federal 
     funding under this title until such time as a plan is 
     submitted to the Secretary.
       (5) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission. 
     If the Secretary disapproves the management plan, the 
     Secretary shall advise the management entity in writing of 
     the reasons therefore and shall make recommendations for 
     revisions to the plan.
       (6) The management entity shall periodically review the 
     management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The management entity may make grants and 
     provide technical assistance to tribal and local governments, 
     and other public and private entities to carry out the 
     management plan.
       (c) Duties.--The management entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;
       (2) coordinate with tribal and local governments to better 
     enable them to adopt land use policies consistent with the 
     goals of the management plan;
       (3) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and
       (4) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sits in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the management entity 
     determines appropriate to fulfill the purposes of this title, 
     consistent with the management plan.
       (d) Prohibition on Acquiring Real Property.--The management 
     entity may not use Federal funds received under this title to 
     acquire real property or an interest in real property.
       (e) Public Meetings.--The management entity shall hold 
     public meetings at least annually regarding the 
     implementation of the management plan.
       (f) Annual Reports and Audits.--
       (1) For any year in which the management entity receives 
     Federal funds under this title, the management entity shall 
     submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each entity to 
     which any grant was made by the management entity.
       (2) The management entity shall make available to the 
     Secretary for audit all records relating to the expenditure 
     of Federal funds and any matching funds. The management 
     entity shall also require, for all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organization make available to the Secretary for 
     audit all records concerning the expenditure of those funds.

     SEC. 1805. DUTIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon request of the management entity, provide technical and 
     financial assistance to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, archaeological, scenic, and recreational 
     resources of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities consistent with the resources and 
     associated values of the heritage area.

     SEC. 1806. SAVINGS PROVISIONS.

       (a) No Effect on Private Property.--Nothing in this title 
     shall be construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, or local governments to regulate any use of 
     privately owned lands; or
       (2) to grant the management entity any authority to 
     regulate the use of privately owned lands.
       (b) Tribal Lands.--Nothing in this title shall restrict or 
     limit a tribe from protecting cultural or religious sites on 
     tribal lands.
       (c) Authority of Governments.--Nothing in this title 
     shall--
       (1) modify, enlarge, or diminish any authority of Federal, 
     State, tribal, or local governments to manage or regulate any 
     use of land as provided for by law or regulation; or
       (2) authorize the management entity to assume any 
     management authorities over such lands.
       (d) Trust Responsibilities.--Nothing in this title shall 
     diminish the Federal Government's trust responsibilities or 
     government-to-government obligations to any federally 
     recognized Indian tribe.

     SEC. 1807. SUNSET.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this title.

     SEC. 1808. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

             TITLE XIX--ATCHAFALAYA NATIONAL HERITAGE AREA

     SEC. 1901. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     1902(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 1902(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 1904.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Louisiana.

     SEC. 1902. ATCHAFALAYA NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Atchafalaya National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     whole of the following parishes in the State: St. Mary, 
     Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
     Iberville, Assumption, Terrebonne, Lafayette, West Baton 
     Rouge, Concordia, and East Baton Rouge.
       (c) Local Coordinating Entity.--
       (1) In general.--The Atchafalaya Trace Commission shall be 
     the local coordinating entity for the Heritage Area.
       (2) Composition.--The local coordinating entity shall be 
     composed of 13 members appointed by the governing authority 
     of each parish within the Heritage Area.

     SEC. 1903. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For the purposes of developing and 
     implementing the management plan and otherwise carrying out 
     this title, the local coordinating entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, units of local government, and private 
     organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The local coordinating entity shall--
       (1) submit to the Secretary for approval a management plan;
       (2) implement the management plan, including providing 
     assistance to units of government and others in--
       (A) carrying out programs that recognize important resource 
     values within the Heritage Area;
       (B) encouraging sustainable economic development within the 
     Heritage Area;
       (C) establishing and maintaining interpretive sites within 
     the Heritage Area; and
       (D) increasing public awareness of, and appreciation for 
     the natural, historic, and cultural resources of, the 
     Heritage Area;
       (3) adopt bylaws governing the conduct of the local 
     coordinating entity; and
       (4) for any year for which Federal funds are received under 
     this title, submit to the Secretary a report that describes, 
     for the year--
       (A) the accomplishments of the local coordinating entity; 
     and
       (B) the expenses and income of the local coordinating 
     entity.
       (c) Acquisition of Real Property.--The local coordinating 
     entity shall not use Federal funds received under this title 
     to acquire real property or an interest in real property.
       (d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly.

     SEC. 1904. MANAGEMENT PLAN.

       (a) In General.--The local coordinating entity shall 
     develop a management plan for the Heritage Area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, scenic,

[[Page S11928]]

     cultural, historic, and recreational resources of the 
     Heritage Area.
       (b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the local coordinating entity 
     shall--
       (1) take into consideration State and local plans; and
       (2) invite the participation of residents, public agencies, 
     and private organizations in the Heritage Area.
       (c) Contents.--The management plan shall include--
       (1) an inventory of the resources in the Heritage Area, 
     including--
       (A) a list of property in the Heritage Area that--
       (i) relates to the purposes of the Heritage Area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     Heritage Area;
       (2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with this title;
       (3) an interpretation plan for the Heritage Area; and
       (4) a program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the Heritage Area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (d) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this title, the local coordinating entity shall 
     submit the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this title until a management plan for the 
     Heritage Area is submitted to the Secretary.
       (e) Approval.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (d)(1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan under paragraph (1), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (f) Revision.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any revision proposed 
     by the local coordinating entity under paragraph (1)(B) until 
     the Secretary approves the revision.

     SEC. 1905. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent to the management entity for such preservation, 
     conservation, or promotion.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     that private property immediately removed from the boundary 
     by submitting a written request to the management entity.

     SEC. 1906. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on that private 
     property.
       (c) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.

     SEC. 1907. EFFECT OF TITLE.

       Nothing in this title or in establishment of the Heritage 
     Area--
       (1) grants any Federal agency regulatory authority over any 
     interest in the Heritage Area, unless cooperatively agreed on 
     by all involved parties;
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     title;
       (3) grants any power of zoning or land use to the local 
     coordinating entity;
       (4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this title 
     that would be applicable had the Heritage Area not been 
     established;
       (5)(A) imposes any change in Federal environmental quality 
     standards; or
       (B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       (6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       (7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       (8) affects the continuing use and operation, where located 
     on the date of enactment of this title, of any public utility 
     or common carrier.

     SEC. 1908. REPORTS.

       For any year in which Federal funds have been made 
     available under this title, the local coordinating entity 
     shall submit to the Secretary a report that describes--
       (1) the accomplishments of the local coordinating entity; 
     and
       (2) the expenses and income of the local coordinating 
     entity.

     SEC. 1909. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 shall be made available for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 1910. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance to the 
     local coordinating entity under this title terminates on the 
     date that is 15 years after the date of enactment of this 
     title.

        TITLE XX--CHAMPLAIN VALLEY NATIONAL HERITAGE PARTNERSHIP

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``Champlain Valley National 
     Heritage Partnership Act of 2003''.

     SEC. 2002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Champlain Valley and its extensive cultural and 
     natural resources have played a significant role in the 
     history of the United States and the individual States of 
     Vermont and New York;
       (2) archaeological evidence indicates that the Champlain 
     Valley has been inhabited by humans since the last retreat of 
     the glaciers, with the Native Americans living in the area at 
     the time of European discovery being primarily of Iroquois 
     and Algonquin descent;
       (3) the linked waterways of the Champlain Valley, including 
     the Richelieu River in Canada, played a unique and 
     significant role in the establishment and development of the 
     United States and Canada through several distinct eras, 
     including--
       (A) the era of European exploration, during which Samuel de 
     Champlain and other explorers used the waterways as a means 
     of access through the wilderness;
       (B) the era of military campaigns, including highly 
     significant military campaigns of the French and Indian War, 
     the American Revolution, and the War of 1812; and
       (C) the era of maritime commerce, during which canals 
     boats, schooners, and steamships formed the backbone of 
     commercial transportation for the region;
       (4) those unique and significant eras are best described by 
     the theme ``The Making of Nations and Corridors of 
     Commerce'';
       (5) the artifacts and structures associated with those eras 
     are unusually well-preserved;
       (6) the Champlain Valley is recognized as having one of the 
     richest collections of historical resources in North America;
       (7) the history and cultural heritage of the Champlain 
     Valley are shared with Canada and the Province of Quebec;
       (8) there are benefits in celebrating and promoting this 
     mutual heritage;
       (9) tourism is among the most important industries in the 
     Champlain Valley, and heritage tourism in particular plays a 
     significant role in the economy of the Champlain Valley;
       (10) it is important to enhance heritage tourism in the 
     Champlain Valley while ensuring that increased visitation 
     will not impair the historical and cultural resources of the 
     region;
       (11) according to the 1999 report of the National Park 
     Service entitled ``Champlain

[[Page S11929]]

     Valley Heritage Corridor Project'', ``the Champlain Valley 
     contains resources and represents a theme `The Making of 
     Nations and Corridors of Commerce', that is of outstanding 
     importance in U.S. history''; and
       (12) it is in the interest of the United States to preserve 
     and interpret the historical and cultural resources of the 
     Champlain Valley for the education and benefit of present and 
     future generations.
       (b) Purposes.--The purposes of this title are--
       (1) to establish the Champlain Valley National Heritage 
     Partnership in the States of Vermont and New York to 
     recognize the importance of the historical, cultural, and 
     recreational resources of the Champlain Valley region to the 
     United States;
       (2) to assist the State of Vermont and New York, including 
     units of local government and nongovernmental organizations 
     in the States, in preserving, protecting, and interpreting 
     those resources for the benefit of the people of the United 
     States;
       (3) to use those resources and the theme ``The Making of 
     Nations and Corridors of Commerce'' to--
       (A) revitalize the economy of communities in the Champlain 
     Valley; and
       (B) generate and sustain increased levels of tourism in the 
     Champlain Valley;
       (4) to encourage--
       (A) partnerships among State and local governments and 
     nongovernmental organizations in the United States; and
       (B) collaboration with Canada and the Province of Quebec 
     to--
       (i) interpret and promote the history of the waterways of 
     the Champlain Valley region;
       (ii) form stronger bonds between the United States and 
     Canada; and
       (iii) promote the international aspects of the Champlain 
     Valley region; and
       (5) to provide financial and technical assistance for the 
     purposes described in paragraphs (1) through (4).

     SEC. 2003. DEFINITIONS.

       In this title:
       (1) Heritage partnership.--The term ``Heritage 
     Partnership'' means the Champlain Valley National Heritage 
     Partnership established by section 2004(a).
       (2) Management entity.--The term ``management entity'' 
     means the Lake Champlain Basin Program.
       (3) Management plan.--The term ``management plan'' means 
     the management plan developed under section 2004(b)(B)(i).
       (4) Region.--
       (A) In general.--The term ``region'' means any area or 
     community in 1 of the States in which a physical, cultural, 
     or historical resource that represents the theme is located.
       (B) Inclusions.--The term ``region'' includes
       (i) the linked navigable waterways of--

       (I) Lake Champlain;
       (II) Lake George;
       (III) the Champlain Canal; and
       (IV) the portion of the Upper Hudson River extending south 
     to Saratoga;

       (ii) portions of Grand Isle, Franklin, Chittenden, Addison, 
     Rutland, and Bennington Counties in the State of Vermont; and
       (iii) portions of Clinton, Essex, Warren, Saratoga and 
     Washington Counties in the State of New York.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--the term ``State'' means--
       (A) the State of Vermont; and
       (B) the State of New York.
       (7) Theme.--The term ``theme'' means the theme ``The Making 
     of Nations and Corridors of Commerce'', as the term is used 
     in the 1999 report of the National Park Service entitled 
     ``Champlain Valley Heritage Corridor Project'', that 
     describes the periods of international conflict and maritime 
     commerce during which the region played a unique and 
     significant role in the development of the United States and 
     Canada.

     SEC. 2004. HERITAGE PARTNERSHIP.

       (a) Establishment.--There is established in the regional 
     the Champlain Valley National Heritage Partnership.
       (b) Management Entity.--
       (1) Duties.--
       (A) In general.--The management entity shall implement the 
     title.
       (B) Management plan.--
       (i) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall develop a 
     management plan for the Heritage Partnership.
       (ii) Existing plan.--Pending the completion and approval of 
     the management plan, the management entity may implement the 
     provisions of this title based on its federally authorized 
     plan ``Opportunities for Action, an Evolving Plan For Lake 
     Champlain''.
       (iii) Contents.--The management plan shall include--

       (I) recommendations for funding, managing, and developing 
     the Heritage Partnership;
       (II) a description of activities to be carried out by 
     public and private organizations to protect the resources of 
     the Heritage Partnership;
       (III) a list of specific, potential sources of funding for 
     the protection, management, and development of the Heritage 
     Partnership;
       (IV) an assessment of the organizational capacity of the 
     management entity to achieve the goals for implementation; 
     and
       (V) recommendations of ways in which to encourage 
     collaboration with Canada and the Province of Quebec in 
     implementing this title.

       (iv) Considerations.--In developing the management plan 
     under clause (i), the management entity shall take into 
     consideration existing Federal, State, and local plans 
     relating to the region.
       (v) Submission to secretary for approval.--

       (I) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit the 
     management plan to the Secretary for approval.
       (II) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (I), the Secretary shall not provide any additional 
     funding under this title until a management plan for the 
     Heritage Partnership is submitted to the Secretary.

       (vi) Approval.--Not later than 90 days after receiving the 
     management plan submitted under subparagraph (V)(I), the 
     Secretary, in consultation with the States, shall approve or 
     disapprove the management plan.
       (vii) Action following disapproval.--

       (I) General.--If the Secretary disapproves a management 
     plan under subparagraph (vi), the Secretary shall--

       (aa) advise the management entity in writing of the reasons 
     for the disapproval;
       (bb) make recommendations for revisions to the management 
     plan; and
       (cc) allow the management entity to submit to the Secretary 
     revisions to the management plan.

       (II) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (vii)(I)(cc), the Secretary shall approve or 
     disapprove the revision.

       (viii) Amendment.--

       (I) In general.--After approval by the Secretary of the 
     management plan, the management entity shall periodically--

       (aa) review the management plan; and
       (bb) submit to the Secretary, for review and approval by 
     the Secretary, the recommendations of the management entity 
     for any amendments to the management plan that the management 
     entity considers to be appropriate.

       (II) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any amendment proposed 
     by the management entity under subparagraph (viii)(1) until 
     the Secretary approves the amendments.

       (2) Partnerships.--
       (A) In general.--In carrying out this title, the management 
     entity may enter into partnerships with--
       (i) the States, including units of local governments in the 
     States;
       (ii) nongovernmental organizations;
       (iii) Indian Tribes; and
       (iv) other persons in the Heritage Partnership.
       (B) Grants.--Subject to the availability of funds, the 
     management entity may provide grants to partners under 
     subparagraph (A) to assist in implementing this title.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this title to acquire real property or any interest in 
     real property.
       (c) Assistance From Secretary.--To carry out the purposes 
     of this title, the Secretary may provide technical and 
     financial assistance to the management entity.

     SEC. 2005. EFFECT.

       Nothing in this title--
       (1) grants powers of zoning or land use to the management 
     entity;
       (2) modifies, enlarges, or diminishes the authority of the 
     Federal Government or a State or local government to manage 
     or regulate any use of land under any law (including 
     regulations); or
       (3) obstructs or limits private business development 
     activities or resource development activities.

     SEC. 2006. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title not more than a total of $10,000,000, of 
     which not more than $1,000,000 may be made available for any 
     fiscal year.
       (b) Non-Federal Share.--The non-Federal share of the cost 
     of any activities carried out using Federal funds made 
     available under subsection (a) not be less than 50 percent.

     SEC. 2007. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this Act.

             TITLE XXI--GREAT BASIN NATIONAL HERITAGE ROUTE

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Great Basin National 
     Heritage Route Act''.

     SEC. 2102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the natural, cultural, and historic heritage of the 
     North American Great Basin is nationally significant;
       (2) communities along the Great Basin Heritage Route 
     (including the towns of Delta, Utah, Ely, Nevada, and the 
     surrounding communities) are located in a classic western 
     landscape that contains long natural vistas, isolated high 
     desert valleys, mountain ranges, ranches, mines, historic 
     railroads, archaeological sites, and tribal communities;
       (3) the Native American, pioneer, ranching, mining, timber, 
     and railroad heritages associated with the Great Basin 
     Heritage Route include the social history and living cultural 
     traditions of a rich diversity of nationalities;

[[Page S11930]]

       (4) the pioneer, Mormon, and other religious settlements, 
     and ranching, timber, and mining activities of the region 
     played and continue to play a significant role in the 
     development of the United States, shaped by--
       (A) the unique geography of the Great Basin;
       (B) an influx of people of Greek, Chinese, Basque, Serb, 
     Croat, Italian, and Hispanic descent; and
       (C) a Native American presence (Western Shoshone, Northern 
     and Southern Paiute, and Goshute) that continues in the Great 
     Basin today;
       (5) the Great Basin housed internment camps for Japanese-
     American citizens during World War II, 1 of which, Topaz, was 
     located along the Heritage Route;
       (6) the pioneer heritage of the Heritage Route includes the 
     Pony Express route and stations, the Overland Stage, and many 
     examples of 19th century exploration of the western United 
     States;
       (7) the Native American heritage of the Heritage Route 
     dates back thousands of years and includes--
       (A) archaeological sites;
       (B) petroglyphs and pictographs;
       (C) the westernmost village of the Fremont culture; and
       (D) communities of Western Shoshone, Paiute, and Goshute 
     tribes;
       (8) the Heritage Route contains multiple biologically 
     diverse ecological communities that are home to exceptional 
     species such as--
       (A) bristlecone pines, the oldest living trees in the 
     world;
       (B) wildlife adapted to harsh desert conditions;
       (C) unique plant communities, lakes, and streams; and
       (D) native Bonneville cutthroat trout;
       (9) the air and water quality of the Heritage Route is 
     among the best in the United States, and the clear air 
     permits outstanding viewing of the night skies;
       (10) the Heritage Route includes unique and outstanding 
     geologic features such as numerous limestone caves, classic 
     basin and range topography with playa lakes, alluvial fans, 
     volcanics, cold and hot springs, and recognizable features of 
     ancient Lake Bonneville;
       (11) the Heritage Route includes an unusual variety of open 
     space and recreational and educational opportunities because 
     of the great quantity of ranching activity and public land 
     (including city, county, and State parks, national forests, 
     Bureau of Land Management land, and a national park);
       (12) there are significant archaeological, historical, 
     cultural, natural, scenic, and recreational resources in the 
     Great Basin to merit the involvement of the Federal 
     Government in the development, in cooperation with the Great 
     Basin Heritage Route Partnership and other local and 
     governmental entities, of programs and projects to--
       (A) adequately conserve, protect, and interpret the 
     heritage of the Great Basin for present and future 
     generations; and
       (B) provide opportunities in the Great Basin for education; 
     and
       (13) the Great Basin Heritage Route Partnership shall serve 
     as the management entity for a Heritage Route established in 
     the Great Basin.
       (b) Purposes.--The purposes of this title are--
       (1) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     within White Pine County, Nevada, Millard County, Utah, and 
     the Duckwater Shoshone Reservation;
       (2) to enable communities referred to in paragraph (1) to 
     conserve their heritage while continuing to develop economic 
     opportunities; and
       (3) to conserve, interpret, and develop the archaeological, 
     historical, cultural, natural, scenic, and recreational 
     resources related to the unique ranching, industrial, and 
     cultural heritage of the Great Basin, in a manner that 
     promotes multiple uses permitted as of the date of enactment 
     of this Act, without managing or regulating land use.

     SEC. 2103. DEFINITIONS.

       In this title:
       (1) Great basin.--The term ``Great Basin'' means the North 
     American Great Basin.
       (2) Heritage route.--The term ``Heritage Route'' means the 
     Great Basin National Heritage Route established by section 
     2104(a).
       (3) Management entity.--The term ``management entity'' 
     means the Great Basin Heritage Route Partnership established 
     by section 2104(c).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the management entity under section 
     2106(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 2104. GREAT BASIN NATIONAL HERITAGE ROUTE.

       (a) Establishment.--There is established the Great Basin 
     National Heritage Route to provide the public with access to 
     certain historical, cultural, natural, scenic, and 
     recreational resources in White Pine County, Nevada, Millard 
     County, Utah, and the Duckwater Shoshone Reservation in the 
     State of Nevada, as designated by the management entity.
       (b) Boundaries.--The management entity shall determine the 
     specific boundaries of the Heritage Route.
       (c) Management Entity.--
       (1) In general.--The Great Basin Heritage Route Partnership 
     shall serve as the management entity for the Heritage Route.
       (2) Board of directors.--The Great Basin Heritage Route 
     Partnership shall be governed by a board of directors that 
     consists of--
       (A) 4 members who are appointed by the Board of County 
     Commissioners for Millard County, Utah;
       (B) 4 members who are appointed by the Board of County 
     Commissioners for White Pine County, Nevada; and
       (C) a representative appointed by each Native American 
     Tribe participating in the Heritage Route.

     SEC. 2105. MEMORANDUM OF UNDERSTANDING.

       (a) In General.--In carrying out this title, the Secretary, 
     in consultation with the Governors of the States of Nevada 
     and Utah and the tribal government of each Indian tribe 
     participating in the Heritage Route, shall enter into a 
     memorandum of understanding with the management entity.
       (b) Inclusions.--The memorandum of understanding shall 
     include information relating to the objectives and management 
     of the Heritage Route, including--
       (1) a description of the resources of the Heritage Route;
       (2) a discussion of the goals and objectives of the 
     Heritage Route, including--
       (A) an explanation of the proposed approach to 
     conservation, development, and interpretation; and
       (B) a general outline of the anticipated protection and 
     development measures;
       (3) a description of the management entity;
       (4) a list and statement of the financial commitment of the 
     initial partners to be involved in developing and 
     implementing the management plan; and
       (5) a description of the role of the States of Nevada and 
     Utah in the management of the Heritage Route.
       (c) Additional Requirements.--In developing the terms of 
     the memorandum of understanding, the Secretary and the 
     management entity shall--
       (1) provide opportunities for local participation; and
       (2) include terms that ensure, to the maximum extent 
     practicable, timely implementation of all aspects of the 
     memorandum of understanding.
       (d) Amendments.--
       (1) In general.--The Secretary shall review any amendments 
     of the memorandum of understanding proposed by the management 
     entity or the Governor of the State of Nevada or Utah.
       (2) Use of funds.--Funds made available under this title 
     shall not be expended to implement a change made by a 
     proposed amendment described in paragraph (1) until the 
     Secretary approves the amendment.

     SEC. 2106. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall develop 
     and submit to the Secretary for approval a management plan 
     for the Heritage Route that--
       (1) specifies--
       (A) any resources designated by the management entity under 
     section 2104(a); and
       (B) the specific boundaries of the Heritage Route, as 
     determined under section 2104(b); and
       (2) presents clear and comprehensive recommendations for 
     the conservation, funding, management, and development of the 
     Heritage Route.
       (b) Considerations.--In developing the management plan, the 
     management entity shall--
       (1) provide for the participation of local residents, 
     public agencies, and private organizations located within the 
     counties of Millard County, Utah, White Pine County, Nevada, 
     and the Duckwater Shoshone Reservation in the protection and 
     development of resources of the Heritage Route, taking into 
     consideration State, tribal, county, and local land use plans 
     in existence on the date of enactment of this Act;
       (2) identify sources of funding;
       (3) include--
       (A) a program for implementation of the management plan by 
     the management entity, including--
       (i) plans for restoration, stabilization, rehabilitation, 
     and construction of public or tribal property; and
       (ii) specific commitments by the identified partners 
     referred to in section 2105(b)(4) for the first 5 years of 
     operation; and
       (B) an interpretation plan for the Heritage Route; and
       (4) develop a management plan that will not infringe on 
     private property rights without the consent of the owner of 
     the private property.
       (c) Failure To Submit.--If the management entity fails to 
     submit a management plan to the Secretary in accordance with 
     subsection (a), the Heritage Route shall no longer qualify 
     for Federal funding.
       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receipt of a 
     management plan under subsection (a), the Secretary, in 
     consultation with the Governors of the States of Nevada and 
     Utah, shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve a 
     management plan, the Secretary shall consider whether the 
     management plan--

[[Page S11931]]

       (A) has strong local support from a diversity of 
     landowners, business interests, nonprofit organizations, and 
     governments associated with the Heritage Route;
       (B) is consistent with and complements continued economic 
     activity along the Heritage Route;
       (C) has a high potential for effective partnership 
     mechanisms;
       (D) avoids infringing on private property rights; and
       (E) provides methods to take appropriate action to ensure 
     that private property rights are observed.
       (3) Action following disapproval.--If the Secretary 
     disapproves a management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 90 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (e) Implementation.--On approval of the management plan as 
     provided in subsection (d)(1), the management entity, in 
     conjunction with the Secretary, shall take appropriate steps 
     to implement the management plan.
       (f) Amendments.--
       (1) In general.--The Secretary shall review each amendment 
     to the management plan that the Secretary determines may make 
     a substantial change to the management plan.
       (2) Use of funds.--Funds made available under this title 
     shall not be expended to implement an amendment described in 
     paragraph (1) until the Secretary approves the amendment.

     SEC. 2107. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this title to--
       (1) make grants to, and enter into cooperative agreements 
     with, a State (including a political subdivision), an Indian 
     tribe, a private organization, or any person; and
       (2) hire and compensate staff.
       (b) Duties.--In addition to developing the management plan, 
     the management entity shall--
       (1) give priority to implementing the memorandum of 
     understanding and the management plan, including taking steps 
     to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) establishing and maintaining interpretive exhibits 
     along the Heritage Route;
       (ii) developing recreational resources along the Heritage 
     Route;
       (iii) increasing public awareness of and appreciation for 
     the archaeological, historical, cultural, natural, scenic, 
     and recreational resources and sites along the Heritage 
     Route; and
       (iv) if requested by the owner, restoring, stabilizing, or 
     rehabilitating any private, public, or tribal historical 
     building relating to the themes of the Heritage Route;
       (B) encourage economic viability and diversity along the 
     Heritage Route in accordance with the objectives of the 
     management plan; and
       (C) encourage the installation of clear, consistent, and 
     environmentally appropriate signage identifying access points 
     and sites of interest along the Heritage Route;
       (2) consider the interests of diverse governmental, 
     business, and nonprofit groups associated with the Heritage 
     Route;
       (3) conduct public meetings in the region of the Heritage 
     Route at least semiannually regarding the implementation of 
     the management plan;
       (4) submit substantial amendments (including any increase 
     of more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     approval by the Secretary; and
       (5) for any year for which Federal funds are received under 
     this title--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which any loan or grant was made;
       (B) make available for audit all records pertaining to the 
     expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing the expenditure 
     of Federal funds by any entity, that the receiving entity 
     make available for audit all records pertaining to the 
     expenditure of the funds.
       (c) Prohibition on the Acquisition of Real Property.--The 
     management entity shall not use Federal funds made available 
     under this title to acquire real property or any interest in 
     real property.
       (d) Prohibition on the Regulation of Land Use.--The 
     management entity shall not regulate land use within the 
     Heritage Route.

     SEC. 2108. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--The Secretary may, on request of the 
     management entity, provide technical and financial assistance 
     to develop and implement the management plan and memorandum 
     of understanding.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall, on request of the 
     management entity, give priority to actions that assist in--
       (A) conserving the significant archaeological, historical, 
     cultural, natural, scenic, and recreational resources of the 
     Heritage Route; and
       (B) providing education, interpretive, and recreational 
     opportunities, and other uses consistent with those 
     resources.
       (b) Application of Federal Law.--The establishment of the 
     Heritage Route shall have no effect on the application of any 
     Federal law to any property within the Heritage Route.

     SEC. 2109. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

       (a) Land Use Regulation.--Nothing in this title--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal, State, tribal, or local government to regulate by 
     law (including by regulation) any use of land; or
       (2) grants any power of zoning or land use to the 
     management entity.
       (b) Applicability of Federal Law.--Nothing in this title--
       (1) imposes on the Heritage Route, as a result of the 
     designation of the Heritage Route, any regulation that is not 
     applicable to the area within the Heritage Route as of the 
     date of enactment of this Act; or
       (2) authorizes any agency to promulgate a regulation that 
     applies to the Heritage Route solely as a result of the 
     designation of the Heritage Route under this title.

     SEC. 2110. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of any 
     activity assisted under this title shall not exceed 50 
     percent.
       (2) Form of non-federal share.--The non-Federal share may 
     be in the form of in-kind contributions, donations, grants, 
     and loans from individuals and State or local governments or 
     agencies.

     SEC. 2111. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this Act.

TITLE XXII--BLEEDING KANSAS AND ENDURING STRUGGLE FOR FREEDOM NATIONAL 
                             HERITAGE AREA

     SEC. 2201. SHORT TITLE.

        This title may be cited as the ``Bleeding Kansas National 
     Heritage Area Act''.

     SEC. 2202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Bleeding Kansas National Heritage Area is a 
     cohesive assemblage of natural, historic, cultural, and 
     recreational resources that--
       (A) together represent distinctive aspects of American 
     heritage worthy of recognition, conservation, interpretation, 
     and continuing use;
       (B) are best managed through partnerships between private 
     and public entities; and
       (C) will build upon the Kansas rural development policy and 
     the new homestead act to recognize inherent strengths of 
     small towns and rural communities--close-knit communities, 
     strong local business networks, and a tradition of 
     entrepreneurial creativity.
       (2) The Bleeding Kansas National Heritage Area reflects 
     traditions, customs, beliefs, folk life, or some combination 
     thereof, that are a valuable part of the heritage of the 
     United States.
       (3) The Bleeding Kansas National Heritage Area provides 
     outstanding opportunities to conserve natural, cultural, or 
     historic features, or some combination thereof.
       (4) The Bleeding Kansas National Heritage Area provides 
     outstanding recreational and interpretive opportunities.
       (5) The Bleeding Kansas National Heritage Area has an 
     identifiable theme, and resources important to the theme 
     retain integrity capable of supporting interpretation.
       (6) Residents, nonprofit organizations, other private 
     entities, and units of local government throughout the 
     Bleeding Kansas National Heritage Area demonstrate support 
     for designation of the Bleeding Kansas National Heritage Area 
     as a national heritage area and for management of the 
     Bleeding Kansas National Heritage Area as appropriate for 
     such designation.
       (7) Capturing these interconnected stories through 
     partnerships with National Park Service sites, Kansas State 
     Historical Society sites, local organizations, and citizens 
     will augment the story opportunities within the prospective 
     boundary for the educational and recreational benefit of this 
     and future generations of Americans.
       (8) Communities throughout this region know the value of 
     their Bleeding Kansas legacy, but require expansion of the 
     existing cooperative framework to achieve key preservation, 
     education, and other significant goals by working more 
     closely together.
       (9) The State of Kansas officially recognized the national 
     significance of the Bleeding Kansas story when it designated 
     the heritage area development as a significant strategic goal 
     within the statewide economic development plan.
       (10) Territorial Kansas Heritage Alliance is a nonprofit 
     corporation created for the purposes of preserving, 
     interpreting, developing, promoting and, making available to 
     the public the story and resources related to the story of 
     Bleeding Kansas and the Enduring Struggle for Freedom.

[[Page S11932]]

       (11) Territorial Kansas Heritage Alliance has completed a 
     study that--
       (A) describes in detail the role, operation, financing, and 
     functions of Territorial Kansas Heritage Alliance, the 
     management entity; and
       (B) provides adequate assurances that Territorial Kansas 
     Heritage Alliance, the management entity, is likely to have 
     the financial resources necessary to implement the management 
     plan for the Heritage Area, including resources to meet 
     matching requirement for grants.
       (12) There are at least 7 National Historic Landmarks, 32 
     National Register properties, 3 Kansas Register properties, 
     and 7 properties listed on the National Underground Railroad 
     Network to Freedom that contribute to the Heritage Area as 
     well as other significant properties that have not been 
     designated at this time.
       (13) There is an interest in interpreting all sides of the 
     Bleeding Kansas story that requires further work with several 
     counties in Missouri interested in joining the area.
       (14) In 2004, the State of Kansas is commemorating the 
     Sesquicentennial of the signing of the Kansas-Nebraska Act, 
     opening the territory to settlement.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To designate a region in eastern Kansas and western 
     Missouri containing nationally important natural, historic, 
     and cultural resources and recreational and educational 
     opportunities that are geographically assembled and 
     thematically related as areas that provide unique frameworks 
     for understanding the great and diverse character of the 
     United States and the development of communities and their 
     surroundings as the Bleeding Kansas National Heritage Area.
       (2) To strengthen, complement, and support the Fort Scott, 
     Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
     sites through the interpretation and conservation of the 
     associated living landscapes outside of the boundaries of 
     these units of the National Park System.
       (3) To describe the extent of Federal responsibilities and 
     duties in regard to the Heritage Area.
       (4) To further collaboration and partnerships among 
     Federal, State, and local governments, nonprofit 
     organizations, and the private sector, or combinations 
     thereof, to conserve and manage the resources and 
     opportunities in the Heritage Area through grants, technical 
     assistance, training and other means.
       (5) To authorize Federal financial and technical assistance 
     to management entity to assist in the conservation and 
     interpretation of the Heritage Area.
       (6) To empower communities and organizations in Kansas to 
     preserve the special historic identity of Bleeding Kansas and 
     with it the identity of the Nation.
       (7) To provide for the management, preservation, 
     protection, and interpretation of the natural, historical, 
     and cultural resources within the region for the educational 
     and inspirational benefit of current and future generations.
       (8) To provide greater community capacity through inter-
     local cooperation.
       (9) To provide a vehicle, particularly in the four counties 
     with high out-migration of population, to recognize that 
     self-reliance and resilience will be the keys to their 
     economic future.
       (10) To build upon the Kansas rural development policy, the 
     Kansas agritourism initiative and the new homestead act to 
     recognize inherent strengths of small towns and rural 
     communities--close-knit communities, strong local business 
     networks, and a tradition of entrepreneurial creativity.
       (11) To educate and cultivate among its citizens, 
     particularly its youth, the stories and cultural resources of 
     the region's legacy that--
       (A) reflect the popular phrase ``Bleeding Kansas'' 
     describing the conflict over slavery that became nationally 
     prominent in Kansas just before and during the American Civil 
     War;
       (B) reflect the commitment of American settlers who first 
     fought and killed to uphold their different and 
     irreconcilable principles of freedom and equality during the 
     years of the Kansas Conflict;
       (C) reflect the struggle for freedom, experienced during 
     the ``Bleeding Kansas'' era, that continues to be a vital and 
     pressing issue associated with the real problem of democratic 
     nation building; and
       (D) recreate the physical environment revealing its impact 
     on agriculture, transportation, trade and business, and 
     social and cultural patterns in urban and rural settings.
       (12) To interpret the effect of the era's democratic ethos 
     on the development of America's distinctive political 
     culture.

     SEC. 2203. DEFINITIONS.

        For the purposes of this title:
       (1) Management entity.--The term ``management entity'' 
     means Territorial Kansas Heritage Alliance, recognized by the 
     Secretary, in consultation with the chief executive officer 
     of the State of Kansas, that agrees to perform the duties of 
     a local coordinating entity under this title.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Bleeding Kansas and the Enduring Struggle for Freedom 
     National Heritage Area in eastern Kansas and western 
     Missouri.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Unit of local government.--The term ``unit of local 
     government'' means the government of a State, a political 
     subdivision of a State, or an Indian tribe.

     SEC. 2204. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR 
                   FREEDOM NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State of 
     Kansas the Bleeding Kansas and the Enduring Struggle for 
     Freedom National Heritage Area.
       (b) Boundaries.--The Heritage Area shall include the 
     following:
       (1) An area located in eastern Kansas and western Missouri, 
     consisting currently of Allen, Anderson, Bourbon, Cherokee, 
     Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, 
     Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, 
     Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte 
     Counties in Kansas and tentatively including additional 
     counties in Kansas and western Missouri to be included in the 
     development of the management plan.
       (2) Contributing sites, buildings, and districts within the 
     area will be recommended by the management plan.
       (c) Map.--Final boundary will be defined during the 
     management plan development. A map of the Heritage Area shall 
     be included in the management plan. The map shall be on file 
     in the appropriate offices of the National Park Service, 
     Department of the Interior.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be Territorial Kansas Heritage Alliance, 
     a nonprofit organization established in the State of Kansas, 
     recognized by the Secretary, in consultation with the chief 
     executive officer of the State of Kansas, that agrees to 
     perform the duties of a local coordinating entity under this 
     title.

     SEC. 2205. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 
                   MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this title to--
       (1) prepare a management plan for the Heritage Area;
       (2) prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (3) pay for operational expenses of the management entity 
     incurred within the first 10 fiscal years beginning after the 
     date of the enactment of this Act designating the Heritage 
     Area;
       (4) make grants or loans to entities defined in the 
     management plan;
       (5) enter into cooperative agreements with the State of 
     Kansas, its political subdivisions, nonprofit organizations, 
     and other organizations;
       (6) hire and compensate staff;
       (7) obtain money from any source under any program or law 
     to be used for a regrant program requiring the recipient of 
     such money to make a contribution in order to receive it;
       (8) contract for goods and services; and
       (9) offer a competitive grants program to contributing 
     partners requiring a dollar-for-dollar match of Federal 
     funds.
       (b) Duties of the Management Entity.--In addition to 
     developing the management plan, the management entity shall--
       (1) give priority to the implementation of actions, goals, 
     strategies, and standards set forth in the management plan, 
     including assisting units of government and other persons 
     in--
       (A) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (B) establishing interpretive exhibits in the Heritage 
     Area;
       (C) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area;
       (D) supporting the restoration of historic buildings that 
     are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area;
       (E) the conservation of contributing landscapes and natural 
     resources; and
       (F) the installation throughout the Heritage Area of signs 
     identifying public access points and sites of interest;
       (2) prepare and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups 
     within the Heritage Area;
       (3) conduct public meetings in conjunction with training 
     and skill building workshops regarding the development and 
     implementation of the management plan; and
       (4) for any fiscal year for which Federal funds are 
     received under this title--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) accomplishments of the management entity;
       (ii) expenses and income of the management entity;
       (iii) each entity to which a grant was made; and
       (iv) an accounting of matching funds obtained to meet grant 
     guidelines;
       (B) conduct an annual audit with a neutral auditing firm 
     and make available for audit by Congress, the Secretary, and 
     appropriate units of government, all records pertaining to 
     the expenditure of the funds and any matching funds; and

[[Page S11933]]

       (C) require, for all agreements authorizing expenditure of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records pertaining to the expenditure 
     of their funds.
       (c) Prohibition of Acquisition of Real Property.--The 
     management entity shall not use Federal funds received under 
     this title to acquire real property or an interest in real 
     property.
       (d) Other Sources.--Nothing in this title precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes.

     SEC. 2206. MANAGEMENT PLAN.

       (a) Requirements.--The management entity shall:
       (1) Management plan.--Not later than 3 years after the date 
     funds are made available for this purpose, prepare and submit 
     a management plan reviewed by participating units of local 
     government within the boundaries of the proposed Heritage 
     Area.
       (2) Collaboration.--Collaborate with and consider the 
     interests of diverse units of government, businesses, tourism 
     officials, private property owners, and nonprofit groups 
     within the geographic area of the Heritage Area in developing 
     and implementing such a management plan.
       (3) Public involvement.--Ensure regular public involvement, 
     including public meetings at least annually, regarding the 
     implementation of the management plan.
       (b) Contents of Management Plan.--The management plan 
     prepared for the Heritage Area shall--
       (1) present a comprehensive program for the conservation, 
     interpretation, funding, management, and development of the 
     Heritage Area, in a manner consistent with the existing 
     local, State, and Federal land use laws and compatible 
     economic viability of the Heritage Area;
       (2) establish criteria or standards to measure what is 
     selected for conservation, interpretation, funding, 
     management, and development;
       (3) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (4) specify and coordinate, as of the date of the 
     management plan, existing and potential sources of technical 
     and financial assistance under this and other Federal laws to 
     protect, manage, and develop the Heritage Area; and
       (5) include--
       (A) actions to be undertaken by units of government and 
     private organizations to protect, conserve, and interpret the 
     resources of the Heritage Area;
       (B) 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 
     meets the establishing criteria (such as, but not exclusive 
     to, visitor readiness) to merit preservation, restoration, 
     management, development, or maintenance because of its 
     natural, cultural, historical, or recreational significance;
       (C) policies for resource management including the 
     development of intergovernmental cooperative agreements, 
     private sector agreements, or any combination thereof, to 
     protect the historical, cultural, recreational, and natural 
     resources of the Heritage Area in a manner consistent with 
     supporting appropriate and compatible economic viability;
       (D) a program for implementation of the management plan by 
     the designated management entity, in cooperation with its 
     partners and units of local government;
       (E) evidence that relevant State, county, and local plans 
     applicable to the Heritage Area have been taken into 
     consideration;
       (F) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this title; and
       (G) a business plan that--
       (i) describes in detail the role, operation, financing, and 
     functions of the management entity for each activity included 
     in the recommendations contained in the management plan; and
       (ii) provides, to the satisfaction of the Secretary, 
     adequate assurances that the management entity is likely to 
     have the financial resources necessary to implement the 
     management plan for the Heritage Area, including resources to 
     meet matching requirement for grants awarded under this 
     title.
       (c) Public Notice.--The management entity shall place a 
     notice of each of its public meetings in a newspaper of 
     general circulation in the Heritage Area and shall make the 
     minutes of the meeting available to the public.
       (d) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary within 4 
     years of the date of the enactment of this Act, the 
     management entity shall be ineligible to receive additional 
     funding under this title until the date on which the 
     Secretary receives the proposed management plan.
       (e) Approval and Disapproval of Management Plan.--The 
     Secretary shall approve or disapprove the proposed management 
     plan submitted under this title not later than 90 days after 
     receiving such proposed management plan.
       (f) Action Following Disapproval.--If the Secretary 
     disapproves a proposed management plan, the Secretary shall 
     advise the management entity in writing of the reasons for 
     the disapproval and shall make recommendations for revisions 
     to the proposed management plan. The Secretary shall approve 
     or disapprove a proposed revision within 90 days after the 
     date it is submitted.
       (g) Approval of Amendments.--The Secretary shall review and 
     approve substantial amendments to the management plan. Funds 
     appropriated under this title may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.

     SEC. 2207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     for the development and implementation of the management 
     plan.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that assist in--
       (A) conserving the significant cultural, historic, and 
     natural resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Spending for non-federal property.--The management 
     entity may expend Federal funds made available under this 
     title on non-Federal property that--
       (A) meets the criteria in the approved management plan; or
       (B) is listed or eligible for listing on the National 
     Register of Historic Places.
       (4) Other assistance.--The Secretary may enter into 
     cooperative agreements with public and private organizations 
     to carry out this subsection.
       (b) Other Federal Agencies.--Any Federal entity conducting 
     or supporting an activity that directly affects the Heritage 
     Area shall--
       (1) consider the potential effect of the activity on the 
     purposes of the Heritage Area and the management plan;
       (2) consult with the management entity regarding the 
     activity; and
       (3) to the maximum extent practicable, conduct or support 
     the activity to avoid adverse effects on the Heritage Area.
       (c) Other Assistance not Affected.--This title does not 
     affect the authority of any Federal official to provide 
     technical or financial assistance under any other law.
       (d) Notification of Other Federal Activities.--The head of 
     each Federal agency shall provide to the Secretary and the 
     management entity, to the extent practicable, advance notice 
     of all activities that may have an impact on the Heritage 
     Area.

     SEC. 2208. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to require any private property owner to 
     permit public access (including Federal, State, or local 
     government access) to such private property. Nothing in this 
     title shall be construed to modify any provision of Federal, 
     State, or local law with regard to public access to or use of 
     private lands.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Areas.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Land Use Regulation.--
       (1) In general.--The management entity shall provide 
     assistance and encouragement to State and local governments, 
     private organizations, and persons to protect and promote the 
     resources and values of the Heritage Area.
       (2) Effect.--Nothing in this title--
       (A) affects the authority of the State or local governments 
     to regulate under law any use of land; or
       (B) grants any power of zoning or land use to the 
     management entity.
       (f) Private Property.--
       (1) In general.--The management entity shall be an advocate 
     for land management practices consistent with the purposes of 
     the Heritage Area.
       (2) Effect.--Nothing in this title--
       (A) abridges the rights of any person with regard to 
     private property;
       (B) affects the authority of the State or local government 
     regarding private property; or
       (C) imposes any additional burden on any property owner.

     SEC. 2209. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be governed by the 
     management plan for the Heritage Area until the owner of that 
     private property has been notified in writing by the 
     management entity and has given written consent for such 
     inclusion to the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area, and not 
     notified under subsection (a), shall have their property 
     immediately removed from the boundary by submitting a written 
     request to the management entity.

[[Page S11934]]

     SEC. 2210. SAVINGS PROVISIONS.

       (a) Rules, Regulations, Standards, and Permit Processes.--
     Nothing in this title shall be construed to impose any 
     environmental, occupational, safety, or other rule, 
     regulation, standard, or permit process in the Heritage Area 
     that is different from those that would be applicable if the 
     Heritage Area had not been established.
       (b) Water and Water Rights.--Nothing in this title shall be 
     construed to authorize or imply the reservation or 
     appropriation of water or water rights.
       (c) No Diminishment of State Authority.--Nothing in this 
     title shall be construed to diminish the authority of the 
     State to manage fish and wildlife, including the regulation 
     of fishing and hunting within the Heritage Area.
       (d) Existing National Heritage Areas.--Nothing in this 
     title shall affect any national heritage area so designated 
     before the date of the enactment of this Act.

     SEC. 2211. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 2212. TERMINATION OF AUTHORITY.

        The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 10 years after the 
     date of the enactment of this Act.

           TITLE XXIII--NATIONAL MORMON PIONEER HERITAGE AREA

     SEC. 2301. SHORT TITLE.

       This title may be cited as the ``National Mormon Pioneer 
     Heritage Area Act''.

     SEC. 2302. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the historical, cultural, and natural heritage legacies 
     of Mormon colonization and settlement are nationally 
     significant;
       (2) in the area starting along the Highway 89 corridor at 
     the Arizona border, passing through Kane, Garfield, Piute, 
     Sevier, Wayne, and Sanpete Counties in the State of Utah, and 
     terminating in Fairview, Utah, there are a variety of 
     heritage resources that demonstrate--
       (A) the colonization of the western United States; and
       (B) the expansion of the United States as a major world 
     power;
       (3) the great relocation to the western United States was 
     facilitated by--
       (A) the 1,400 mile trek from Illinois to the Great Salt 
     Lake by the Mormon pioneers; and
       (B) the subsequent colonization effort in Nevada, Utah, the 
     southeast corner of Idaho, the southwest corner of Wyoming, 
     large areas of southeastern Oregon, much of southern 
     California, and areas along the eastern border of California;
       (4) the 250-mile Highway 89 corridor from Kanab to 
     Fairview, Utah, contains some of the best features of the 
     Mormon colonization experience in the United States;
       (5) the landscape, architecture, traditions, beliefs, folk 
     life, products, and events along Highway 89 convey the 
     heritage of the pioneer settlement;
       (6) the Boulder Loop, Capitol Reef National Park, Zion 
     National Park, Bryce Canyon National Park, and the Highway 89 
     area convey the compelling story of how early settlers--
       (A) interacted with Native Americans; and
       (B) established towns and cities in a harsh, yet 
     spectacular, natural environment;
       (7) the colonization and settlement of the Mormon settlers 
     opened up vast amounts of natural resources, including coal, 
     uranium, silver, gold, and copper;
       (8) the Mormon colonization played a significant role in 
     the history and progress of the development and settlement of 
     the western United States; and
       (9) the artisans, crafters, innkeepers, outfitters, 
     historic landscape, customs, national parks, and architecture 
     in the Heritage Area make the Heritage Area unique.
       (b) Purpose.--The purpose of this title is to establish the 
     Heritage Area to--
       (1) foster a close working relationship with all levels of 
     government, the private sector, residents, business 
     interests, and local communities in the State;
       (2) empower communities in the State to conserve, preserve, 
     and enhance the heritage of the communities while 
     strengthening future economic opportunities;
       (3) conserve, interpret, and develop the historical, 
     cultural, natural, and recreational resources within the 
     Heritage Area; and
       (4) expand, foster, and develop heritage businesses and 
     products relating to the cultural heritage of the Heritage 
     Area.

     SEC. 2303. DEFINITIONS.

       In this title:
       (1) Alliance.--The term ``Alliance'' means the Utah 
     Heritage Highway 89 Alliance.
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Alliance.
       (3) Heritage area.--The term ``Heritage Area'' means the 
     National Mormon Pioneer Heritage Area established by section 
     2304(a).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the Board under section 2306(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Utah.

     SEC. 2304. NATIONAL MORMON PIONEER HERITAGE AREA.

       (a) Establishment.--There is established the National 
     Mormon Pioneer Heritage Area.
       (b) Boundaries.--
       (1) In general.--The boundaries of the Heritage Area shall 
     include areas in the State that are--
       (A) related to the corridors--
       (i) from the Arizona border northward through Kanab, Utah, 
     and to the intersection of Highway 89 and Highway 12, 
     including Highway 12 and Highway 24 as those highways loop 
     off Highway 89 and rejoin Highway 89 at Sigurd;
       (ii) from Highway 89 at the intersection of Highway 12 
     through Panguitch, Junction, Marysvale, and Sevier County to 
     Sigurd;
       (iii) continuing northward along Highway 89 through Axtell 
     and Sterling, Sanpete County, to Fairview, Sanpete County, at 
     the junction with Utah Highway 31; and
       (iv) continuing northward along Highway 89 through Fairview 
     and Thistle Junction, to the junction with Highway 6; and
       (B) located in the following communities: Kanab, Mt. 
     Carmel, Orderville, Glendale, Alton, Cannonville, Tropic, 
     Henrieville, Escalante, Boulder, Teasdale, Fruita, 
     Hanksville, Torrey, Bicknell, Loa, Hatch, Panquitch, 
     Circleville, Antimony, Junction, Marysvale, Koosharem, 
     Sevier, Joseph, Monroe, Elsinore, Richfield, Glenwood, 
     Sigurd, Aurora, Salina, Mayfield, Sterling, Gunnison, 
     Fayette, Manti, Ephraim, Spring City, Mt. Pleasant, Moroni, 
     Fountain Green, and Fairview.
       (2) 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.
       (3) Notice to local governments.--The Alliance shall 
     provide to the government of each city, town, and county that 
     has jurisdiction over property proposed to be included in the 
     Heritage Area written notice of the proposed inclusion.
       (c) Administration.--The Heritage Area shall be 
     administered in accordance with this title.

     SEC. 2305. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.

       (a) In General.--The Alliance shall be the management 
     entity for the Heritage Area.
       (b) Federal Funding.--
       (1) Authorization to receive funds.--The Alliance may 
     receive amounts made available to carry out this title.
       (2) Disqualification.--If a management plan is not 
     submitted to the Secretary as required under section 2306 
     within the time period specified in that section, the 
     Alliance may not receive Federal funding under this title 
     until a management plan is submitted to the Secretary.
       (c) Use of Federal Funds.--The Alliance may, for the 
     purposes of developing and implementing the management plan, 
     use Federal funds made available under this title--
       (1) to make grants and loans to the State, political 
     subdivisions of the State, nonprofit organizations, and other 
     persons;
       (2) to enter into cooperative agreements with or provide 
     technical assistance to the State, political subdivisions of 
     the State, nonprofit organizations, and other organizations;
       (3) to hire and compensate staff;
       (4) to obtain funds from any source under any program or 
     law requiring the recipient of funds to make a contribution 
     in order to receive the funds; and
       (5) to contract for goods and services.
       (d) Prohibition of Acquisition of Real Property.--The 
     Alliance may not use Federal funds received under this title 
     to acquire real property or any interest in real property.

     SEC. 2306. MANAGEMENT OF THE HERITAGE AREA.

       (a) Heritage Area Management Plan.--
       (1) Development and submission for review.--Not later than 
     3 years after the date of enactment of this Act, the Board, 
     with public participation, shall develop and submit for 
     review to the Secretary a management plan for the Heritage 
     Area.
       (2) Contents.--The management plan shall--
       (A) present comprehensive recommendations for the 
     conservation, funding, management, and development of the 
     Heritage Area;
       (B) take into consideration Federal, State, county, and 
     local plans in effect on the date of enactment of this Act;
       (C) 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;
       (E) specify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (F) include--
       (i) an inventory of resources in the Heritage Area that--

       (I) includes a list of property in the Heritage Area that 
     should be conserved, restored, managed, developed, or 
     maintained because of the historical, cultural, or natural 
     significance of the property as the property relates to the 
     themes of the Heritage Area; and
       (II) does not include any property that is privately owned 
     unless the owner of the property consents in writing to the 
     inclusion;

       (ii) a recommendation of policies for resource management 
     that consider the application of appropriate land and water 
     management techniques, including policies for

[[Page S11935]]

     the development of intergovernmental cooperative agreements 
     to manage the historical, cultural, and natural resources and 
     recreational opportunities of the Heritage Area in a manner 
     that is consistent with the support of appropriate and 
     compatible economic viability;
       (iii) a program for implementation of the management plan, 
     including plans for restoration and construction;
       (iv) a description of any commitments that have been made 
     by persons interested in management of the Heritage Area;
       (v) an analysis of means by which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this title; and
       (vi) an interpretive plan for the Heritage Area.
       (3) Approval or disapproval of the management plan.--
       (A) In general.--Not later than 180 days after submission 
     of the management plan by the Board, the Secretary shall 
     approve or disapprove the management plan.
       (B) Disapproval and revisions.--
       (i) In general.--If the Secretary disapproves the 
     management plan, the Secretary shall--

       (I) advise the Board, in writing, of the reasons for the 
     disapproval; and
       (II) make recommendations for revision of the management 
     plan.

       (ii) Approval or disapproval.--The Secretary shall approve 
     or disapprove proposed revisions to the management plan not 
     later than 60 days after receipt of the revisions from the 
     Board.
       (b) Priorities.--The Alliance shall give priority to the 
     implementation of actions, goals, and policies set forth in 
     the management plan, including--
       (1) assisting units of government, regional planning 
     organizations, and nonprofit organizations in--
       (A) conserving the historical, cultural, and natural 
     resources of the Heritage Area;
       (B) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (C) developing recreational opportunities in the Heritage 
     Area;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, and natural resources of the Heritage 
     Area;
       (E) restoring historic buildings that are--
       (i) located within the boundaries of the Heritage Area; and
       (ii) related to the theme of the Heritage Area; and
       (F) 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, including encouraging and soliciting the 
     development of heritage products.
       (c) Consideration of Interests of Local Groups.--In 
     developing and implementing the management plan, the Board 
     shall consider the interests of diverse units of government, 
     businesses, private property owners, and nonprofit 
     organizations in the Heritage Area.
       (d) Public Meetings.--The Board shall conduct public 
     meetings at least annually regarding the implementation of 
     the management plan.
       (e) Annual Reports.--For any fiscal year in which the 
     Alliance receives Federal funds under this title or in which 
     a loan made by the Alliance with Federal funds under section 
     2305(c)(1) is outstanding, the Alliance shall submit to the 
     Secretary an annual report that describes--
       (1) the accomplishments of the Alliance;
       (2) the expenses and income of the Alliance; and
       (3) the entities to which the Alliance made any loans or 
     grants during the year for which the report is made.
       (f) Cooperation With Audits.--For any fiscal year in which 
     the Alliance receives Federal funds under this title or in 
     which a loan made by the Alliance with Federal funds under 
     section 2305(c)(1) is outstanding, the Alliance shall--
       (1) make available for audit by Congress, the Secretary, 
     and appropriate units of government all records and other 
     information relating to the expenditure of the Federal funds 
     and any matching funds; and
       (2) require, with respect to all agreements authorizing 
     expenditure of the Federal funds by other organizations, that 
     the receiving organizations make available for audit all 
     records and other information relating to the expenditure of 
     the Federal funds.
       (g) Delegation.--
       (1) In general.--The Alliance may delegate the 
     responsibilities and actions under this section for each area 
     identified in section 2304(b)(1).
       (2) Review.--All delegated responsibilities and actions are 
     subject to review and approval by the Alliance.

     SEC. 2307. 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--
       (A) units of government, nonprofit organizations, and other 
     persons, at the request of the Alliance; and
       (B) the Alliance, for use in developing and implementing 
     the management plan.
       (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 the 
     technical assistance or a grant to enact or modify any land 
     use restriction.
       (3) Determinations regarding assistance.--The Secretary 
     shall determine whether a unit of government, nonprofit 
     organization, or other person shall be awarded technical 
     assistance or grants and the amount of technical assistance--
       (A) based on the extent to which the assistance--
       (i) fulfills the objectives of the management plan; and
       (ii) achieves the purposes of this title; and
       (B) after giving special consideration to projects that 
     provide a greater leverage of Federal funds.
       (b) Provision of Information.--In cooperation with other 
     Federal agencies, the Secretary shall provide the public with 
     information concerning 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 section.
       (d) Duties of Other Federal Agencies.--A Federal entity 
     conducting any activity directly affecting the Heritage Area 
     shall--
       (1) consider the potential effect of the activity on the 
     management plan; and
       (2) consult with the Alliance with respect to the activity 
     to minimize the adverse effects of the activity on the 
     Heritage Area.

     SEC. 2308. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE 
                   PROPERTY.

       (a) No Effect on Land Use Authority.--Nothing in this title 
     modifies, enlarges, or diminishes any authority of Federal, 
     State, or local government to regulate any use of land under 
     any other law (including regulations).
       (b) No Zoning or Land Use Powers.--Nothing in this title 
     grants powers of zoning or land use control to the Alliance.
       (c) Local Authority and Private Property Not Affected.--
     Nothing in this title affects or authorizes the Alliance to 
     interfere with--
       (1) the right of any person with respect to private 
     property; or
       (2) any local zoning ordinance or land use plan of the 
     State or a political subdivision of the State.

     SEC. 2309. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Federal Share.--The Federal share of the cost of any 
     activity carried out using funds made available under this 
     title shall not exceed 50 percent.

     SEC. 2310. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this Act.

   TITLE XXIV--FRENCH COLONIAL HERITAGE NATIONAL HISTORIC SITE STUDY

     SEC. 2401. SHORT TITLE.

       This title may be cited as the ``French Colonial Heritage 
     National Historic Site Study Act of 2003''.

     SEC. 2402. FINDINGS.

       Congress finds that:
       (1) The French Colonial Heritage Area has great historical 
     significance as the home of two of the five poteaux-en-terre 
     (post in the ground) vertical log French homes remaining in 
     North America, dating from circa 1800, in addition to several 
     other important historical artifacts.
       (2) The area is located within the Ste. Genevieve National 
     Historic District, and is adjacent to related historic 
     properties including the third North American poteaux-en-
     terre home, the ``Le Grand Champ'' (common field used by 
     French settlers), historic downtown Ste. Genevieve, and a 
     pre-historic Native American village still evidenced by 
     several ceremonial mounds.
       (3) The Area contains some of the only existing examples of 
     a French Colonial Period settlement, which was characterized 
     by contact that emphasized integration with the local 
     culture.
       (4) Local state agencies and organizations have undertaken 
     significant efforts to preserve the historic architecture of 
     Ste. Genevieve and convert it to educational facilities 
     devoted to the history of the early French experience in the 
     New World.
       (5) No current National Park System unit has comparable 
     historic features providing the cultural backdrop required to 
     adequately interpret the story of the early French in the New 
     World.

     SEC. 2403. DEFINITIONS.

       In this title:
       (1) Area.--The term ``Area'' means the French Colonial 
     Heritage Area, which includes the Bequette-Ribault, St. 
     Gemme-Amoureaux, and Wilhauk homes, and the related and 
     supporting historical assets located in Ste. Genevieve 
     County, Missouri.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 2404. STUDY.

       (a) In General.--Not later than 3 years after the date on 
     which funds are made available to carry out this title, the 
     Secretary shall, in consultation with the State of Missouri--
       (1) complete a study on the suitability and feasibility of 
     designating the Area as a unit of the National Park System; 
     and
       (2) submit to the Committee on Resources of the House of 
     Representatives and the

[[Page S11936]]

     Committee on Energy and Natural Resources of the Senate a 
     report describing the findings of the study.
       (b) Contents.--The study under subsection (a) shall be 
     conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-
     1 et seq.).

     SEC. 2405. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

   TITLE XXV--SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA STUDY

     SEC. 2501. SHORT TITLE.

       This title may be cited as the ``Southern Campaign of the 
     Revolution Heritage Area Study Act''.

     SEC. 2502. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Southern Campaign of the Revolution Heritage Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of South 
     Carolina.
       (4) Study area.--The term ``study area'' means the study 
     area described in section 3(b).

     SEC. 2503. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA 
                   STUDY.

       (a) In General.--The Secretary, in consultation with State 
     historic preservation officers, State historical societies, 
     the South Carolina Department of Parks, Recreation, and 
     Tourism, and other appropriate entities, shall conduct a 
     study to assess the suitability and feasibility of 
     designating the study area as the Southern Campaign of the 
     Revolution Heritage Area.
       (b) Description of Study Area.--The study area--
       (1) shall include the counties of Anderson, Beaufort, 
     Charleston, Cherokee, Chester, Chesterfield, Colleton, 
     Darlington, Dorchester, Fairfield, Florence, Georgetown, 
     Greenville, Greenwood, Kershaw, Lancaster, Laurens, Marlboro, 
     Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, 
     Williamsburg, and York in the State; and
       (2) may include--
       (A) National Park Service sites in the State, including--
       (i) the Charles Pickney National Historic Site;
       (ii) Cowpens National Battlefield;
       (iii) Fort Moultrie National Monument;
       (iv) Kings Mountain National Military Park;
       (v) the National Park Service affiliate of the Historic 
     Camden Revolutionary War Site; and
       (vi) the Ninety Six National Historic Site;
       (B) sites maintained by the State, including--
       (i) Andrew Jackson State Park;
       (ii) Colonial Dorchester State Historic Site;
       (iii) Fort Watson;
       (iv) Eutaw Springs Battle Site;
       (v) Hampton Plantation State Historic Site;
       (vi) Landsford Canal State Historic Site; and
       (vii) Musgrove Mill State Park;
       (C) other sites in the State that are open to the public, 
     including--
       (i) Goose Creek Church;
       (ii) Historic Brattonsville;
       (iii) Hopsewee Plantation;
       (iv) Middleton Place; and
       (v) Walnut Grove Plantation;
       (D) the cities of Beaufort, Camden, Cayce, Charleston, 
     Cheraw, Georgetown, Kingstree, Orangeburg, and Winusboro, in 
     the State; and
       (E) appropriate sites and locations in the State of North 
     Carolina, as the Secretary determines to be appropriate.
       (c) Requirements.--The study shall include analysis, 
     documentation, and determinations on whether the study area--
       (1) has an assemblage of natural, historic, and cultural 
     resources that--
       (A) represent distinctive aspects of the heritage of the 
     United States;
       (B) are worthy of recognition, conservation, 
     interpretation, and continuing use; and
       (C) would be best managed--
       (i) through partnerships between public and private 
     entities; and
       (ii) by linking diverse and sometimes noncontiguous 
     resources and active communities;
       (2) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the story of the United States;
       (3) provides--
       (A) outstanding opportunities to conserve natural, 
     historical, cultural, or scenic features; and
       (B) outstanding recreational and educational opportunities;
       (4) contains resources that--
       (A) are important to any identified themes of the study 
     area; and
       (B) would support interpretation;
       (5) includes residents, business interests, nonprofit 
     organizations, and State and local governments that--
       (A) are involved in the planning of the Heritage Area;
       (B) have developed a conceptual financial plan that 
     outlines the roles of all participants in the Heritage Area, 
     including the Federal Government; and
       (C) have demonstrated support for the designation of the 
     Heritage Area;
       (6) has a potential management entity to work in 
     partnership with the individuals and entities referred to in 
     paragraph (5) while encouraging continued State and local 
     economic activity; and
       (7) has a conceptual boundary map that is supported by the 
     public.

     SEC. 2504. REPORT.

       Not later than the 3rd fiscal year that begins after the 
     date on which funds are first made available to carry out 
     this title, 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--
       (1) the findings of the Secretary; and
       (2) any conclusions and recommendations of the Secretary.

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