[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[Senate]
[Pages S13042-S13044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL DESIGNATION ACT

  The Senate proceeded to consider the bill (S. 206) to designate the 
Ice Age Floods National Geologic Trail, and for other purposes, which 
had been reported from the Committee on Energy and Natural Resources, 
with an amendment, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                 S. 206

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

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Ice Age Floods National 
     Geologic Trail Designation Act of 2005''.

     [SEC. 2. FINDINGS AND PURPOSE.

       [(a) Findings.--Congress finds that--
       [(1) at the end of the last Ice Age, some 12,000 to 17,000 
     years ago, a series of cataclysmic floods occurred in what is 
     now the northwest region of the United States, leaving a 
     lasting mark of dramatic and distinguishing features on the 
     landscape of parts of the States of Montana, Idaho, 
     Washington and Oregon;
       [(2) geological features that have exceptional value and 
     quality to illustrate and interpret this extraordinary 
     natural phenomenon are present on Federal, State, tribal, 
     county, municipal, and private land in the region; and
       [(3) in 2001, a joint study team headed by the National 
     Park Service that included about 70 members from public and 
     private entities completed a study endorsing the 
     establishment of an Ice Age Floods National Geologic Trail--
       [(A) to recognize the national significance of this 
     phenomenon; and
       [(B) to coordinate public and private sector entities in 
     the presentation of the story of the Ice Age floods.
       [(b) Purpose.--The purpose of this Act is to designate the 
     Ice Age Floods National Geologic Trail in the States of 
     Montana, Idaho, Washington, and Oregon, enabling the public 
     to view, experience, and learn about the features and story 
     of the Ice Age floods through the collaborative efforts of 
     public and private entities.

     [SEC. 3. DEFINITIONS.

       [In this Act:
       [(1) Ice age floods; floods.--The term ``Ice Age floods'' 
     or ``floods'' means the cataclysmic floods that occurred in 
     what is now the northwestern United States during the last 
     Ice Age from massive, rapid and recurring drainage of Glacial 
     Lake in Missoula, Montana.
       [(2) Plan.--The term ``plan'' means the cooperative 
     management and interpretation plan authorized under section 
     5(f).
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(4) Trail.--The term ``Trail'' means the Ice Age Floods 
     National Geologic Trail designated by section 4(a).

[[Page S13043]]

     [SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.

       [(a) Designation.--In order to provide for public 
     appreciation, understanding, and enjoyment of the nationally 
     significant natural and cultural features of the Ice Age 
     floods and to promote collaborative efforts for 
     interpretation and education among public and private 
     entities located along the pathways of the floods, there is 
     designated the Ice Age Floods National Geologic Trail.
       [(b) Location.--
       [(1) Map.--The route of the Trail shall be generally 
     depicted on the map entitled ``Ice Age Floods National 
     Geologic Trail,'' numbered _____, and dated _____.
       [(2) Route.--The route shall generally follow public roads 
     and highways--
       [(A) from the vicinity of Missoula in western Montana;
       [(B) across northern Idaho;
       [(C) through eastern and southern sections of Washington;
       [(D) across northern Oregon in the vicinity of the 
     Willamette Valley and the Columbia River; and
       [(E) to the Pacific Ocean.
       [(3) Revision.--The Secretary may revise the map by 
     publication in the Federal Register of a notice of 
     availability of a new map as part of the plan.
       [(c) Map Availability.--Any map referred to in subsection 
     (b) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service.

     [SEC. 5. ADMINISTRATION.

       [(a) In General.--The Secretary, acting through the 
     Director of the National Park Service, shall administer the 
     Trail in accordance with this Act.
       [(b) Trail Management Office.--In order for the National 
     Park Service to manage the Trail and coordinate Trail 
     activities with other public agencies and private entities, 
     the Secretary may establish and operate a trail management 
     office within the vicinity of the Trail.
       [(c) Land Acquisition.--
       [(1) In general.--If the acquisition is consistent with the 
     plan, the Secretary may acquire land, in a quantity not to 
     exceed 25 acres, for administrative and public information 
     purposes to facilitate the geographic diversity of the Trail 
     throughout the States of Montana, Idaho, Washington, and 
     Oregon.
       [(2) Methods.--
       [(A) Private land.--Private land may be acquired from a 
     willing seller under this Act only by donation, purchase with 
     donated or appropriated funds, or exchange.
       [(B) Non-federal public land.--Non-Federal public land may 
     be acquired from a willing seller under this Act--
       [(i) only by donation or exchange; and
       [(ii) after consultation with the affected unit of local 
     government.
       [(d) Interpretive Facilities.--The Secretary may plan, 
     design, and construct interpretive facilities for sites 
     associated with the Trail if the facilities are constructed 
     in partnership with State, local, tribal, or non-profit 
     entities and are consistent with the plan.
       [(e) Interagency Technical Committee.--
       [(1) In general.--The Secretary shall establish an 
     interagency technical committee to advise the trail 
     management office on the technical planning for the 
     development of the plan.
       [(2) Composition.--The committee--
       [(A) shall include--
       [(i) representatives from Federal, State, local, and tribal 
     agencies with interests in the floods; and
       [(ii) representatives from the Ice Age Floods Institute; 
     and
       [(B) may include private property owners, business owners, 
     and nonprofit organizations.
       [(f) Management Plan.--
       [(1) In general.--Not later than 3 years after funds are 
     made available to carry out this Act under section 6, the 
     Secretary shall prepare a cooperative management and 
     interpretation plan for the Trail.
       [(2) Consultation.--The Secretary shall prepare the plan in 
     consultation with--
       [(A) State, local, and tribal governments;
       [(B) the Ice Age Floods Institute;
       [(C) private property owners; and
       [(D) other interested parties.
       [(3) Contents.--The plan shall--
       [(A) confirm and, if appropriate, expand on the inventory 
     of features of the floods contained in the National Park 
     Service study entitled ``Ice Age Floods, Study of 
     Alternatives and Environmental Assessment'' (February 2001) 
     by--
       [(i) locating features more accurately;
       [(ii) improving the description of features; and
       [(iii) reevaluating the features in terms of their 
     interpretive potential;
       [(B) review and, if appropriate, modify the map of the 
     Trail referred to in section 4(b);
       [(C) describe strategies for the coordinated development of 
     the Trail, including an interpretive plan for facilities, 
     waysides, roadside pullouts, exhibits, media, and programs 
     that present the story of the floods to the public 
     effectively; and
       [(D) identify potential partnering opportunities in the 
     development of interpretive facilities and educational 
     programs to educate the public about the story of the floods.
       [(g) Cooperative Management.--
       [(1) In general.--In order to facilitate the development of 
     coordinated interpretation, education, resource stewardship, 
     visitor facility development and operation, and scientific 
     research associated with the Trail and to promote more 
     efficient administration of the sites associated with the 
     Trail, the Secretary may enter into cooperative management 
     agreements with appropriate officials in the States of 
     Montana, Idaho, Washington, and Oregon in accordance with the 
     authority provided for units of the National Park System 
     under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
       [(2) Unit of national park system.--For purposes of this 
     subsection, the Trail shall be considered a unit of the 
     National Park System.
       [(h) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with public or private entities to 
     carry out this Act.
       [(i) Effect on Private Property Rights.--Nothing in this 
     Act--
       [(1) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       [(2) modifies any provision of Federal, State, or local law 
     with respect to public access to or use of private land.
       [(j) Liability.--Designation of the Trail by section 4(a) 
     does not create any liability for, or affect any liability 
     under any law of, any private property owner with respect to 
     any person injured on the private property.

     [SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, of which not more than 
     $500,000 may be used for each fiscal year for the 
     administration of the Trail.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ice Age Floods National 
     Geologic Trail Designation Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) at the end of the last Ice Age, some 12,000 to 17,000 
     years ago, a series of cataclysmic floods occurred in what is 
     now the northwest region of the United States, leaving a 
     lasting mark of dramatic and distinguishing features on the 
     landscape of parts of the States of Montana, Idaho, 
     Washington and Oregon;
       (2) geological features that have exceptional value and 
     quality to illustrate and interpret this extraordinary 
     natural phenomenon are present on Federal, State, tribal, 
     county, municipal, and private land in the region; and
       (3) in 2001, a joint study team headed by the National Park 
     Service that included about 70 members from public and 
     private entities completed a study endorsing the 
     establishment of an Ice Age Floods National Geologic Trail--
       (A) to recognize the national significance of this 
     phenomenon; and
       (B) to coordinate public and private sector entities in the 
     presentation of the story of the Ice Age floods.
       (b) Purpose.--The purpose of this Act is to designate the 
     Ice Age Floods National Geologic Trail in the States of 
     Montana, Idaho, Washington, and Oregon, enabling the public 
     to view, experience, and learn about the features and story 
     of the Ice Age floods through the collaborative efforts of 
     public and private entities.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Ice age floods; floods.--The term ``Ice Age floods'' or 
     ``floods'' means the cataclysmic floods that occurred in what 
     is now the northwestern United States during the last Ice Age 
     from massive, rapid and recurring drainage of Glacial Lake in 
     Missoula, Montana.
       (2) Plan.--The term ``plan'' means the cooperative 
     management and interpretation plan authorized under section 
     5(e).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Trail.--The term ``Trail'' means the Ice Age Floods 
     National Geologic Trail designated by section 4(a).

     SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.

       (a) Designation.--In order to provide for public 
     appreciation, understanding, and enjoyment of the nationally 
     significant natural and cultural features of the Ice Age 
     floods and to promote collaborative efforts for 
     interpretation and education among public and private 
     entities located along the pathways of the floods, there is 
     designated the Ice Age Floods National Geologic Trail.
       (b) Location.--
       (1) Map.--The route of the Trail shall be generally 
     depicted on the map entitled ``Ice Age Floods National 
     Geologic Trail,'' numbered P43/80,000 and dated June 2004.
       (2) Route.--The route shall generally follow public roads 
     and highways.
       (3) Revision.--The Secretary may revise the map by 
     publication in the Federal Register of a notice of 
     availability of a new map as part of the plan.
       (c) Map Availability.--The map referred to in subsection 
     (b) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service.

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary, acting through the Director 
     of the National Park Service, shall administer the Trail in 
     accordance with this Act.
       (b) Limitation.--Except as provided in subsection (f)(2), 
     the Trail shall not be considered to be a unit of the 
     National Park System.
       (c) Trail Management Office.--To improve management of the 
     Trail and coordinate Trail activities with other public 
     agencies and private entities, the Secretary may establish 
     and operate a trail management office at a central location 
     within the vicinity of the Trail.
       (d) Interpretive Facilities.--The Secretary may plan, 
     design, and construct interpretive facilities for sites 
     associated with the Trail if the facilities are constructed 
     in partnership with State, local, tribal, or non-profit 
     entities and are consistent with the plan.

[[Page S13044]]

       (e) Management Plan.--
       (1) In general.--Not later than 3 years after funds are 
     made available to carry out this Act, the Secretary shall 
     prepare a cooperative management and interpretation plan for 
     the Trail.
       (2) Consultation.--The Secretary shall prepare the plan in 
     consultation with--
       (A) State, local, and tribal governments;
       (B) the Ice Age Floods Institute;
       (C) private property owners; and
       (D) other interested parties.
       (3) Contents.--The plan shall--
       (A) confirm and, if appropriate, expand on the inventory of 
     features of the floods contained in the National Park Service 
     study entitled ``Ice Age Floods, Study of Alternatives and 
     Environmental Assessment'' (February 2001) by--
       (i) locating features more accurately;
       (ii) improving the description of features; and
       (iii) reevaluating the features in terms of their 
     interpretive potential;
       (B) review and, if appropriate, modify the map of the Trail 
     referred to in section 4(b);
       (C) describe strategies for the coordinated development of 
     the Trail, including an interpretive plan for facilities, 
     waysides, roadside pullouts, exhibits, media, and programs 
     that present the story of the floods to the public 
     effectively; and
       (D) identify potential partnering opportunities in the 
     development of interpretive facilities and educational 
     programs to educate the public about the story of the floods.
       (f) Cooperative Management.--
       (1) In general.--In order to facilitate the development of 
     coordinated interpretation, education, resource stewardship, 
     visitor facility development and operation, and scientific 
     research associated with the Trail and to promote more 
     efficient administration of the sites associated with the 
     Trail, the Secretary may enter into cooperative management 
     agreements with appropriate officials in the States of 
     Montana, Idaho, Washington, and Oregon in accordance with the 
     authority provided for units of the National Park System 
     under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
       (2) Authority.--For purposes of this subsection only, the 
     Trail shall be considered a unit of the National Park System.
       (g) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with public or private entities to 
     carry out this Act.
       (h) Effect on Private Property Rights.--Nothing in this 
     Act--
       (1) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       (2) modifies any provision of Federal, State, or local law 
     with respect to public access to or use of private land.
       (i) Liability.--Designation of the Trail by section 4(a) 
     does not create any liability for, or affect any liability 
     under any law of, any private property owner with respect to 
     any person injured on the private property.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, of which not more than 
     $12,000,000 may be used for development of the Trail.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 206), as amended, was read the third time and passed.

                          ____________________