Congressional Record, Volume 154 Issue 69 (Tuesday, April 29, 2008)

[Congressional Record Volume 154, Number 69 (Tuesday, April 29, 2008)]
[House]
[Pages H2773-H2814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONSOLIDATED NATURAL RESOURCES ACT OF 2008

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2739) to authorize certain programs and activities in
the Department of the Interior, the Forest Service, and the Department
of Energy, to implement further the Act approving the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America, to amend the Compact of Free
Association Amendments Act of 2003, and for other purposes.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:

S. 2739

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Consolidated Natural Resources Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.

TITLE I--FOREST SERVICE AUTHORIZATIONS

Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette
National Forest, Oregon, in honor of Jim Weaver, a former
Member of the House of Representatives.

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

Sec. 201. Piedras Blancas Historic Light Station.
Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area.
Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada.

TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

Subtitle A--Cooperative Agreements

Sec. 301. Cooperative agreements for national park natural resource
protection.

Subtitle B--Boundary Adjustments and Authorizations

Sec. 311. Carl Sandburg Home National Historic Site boundary
adjustment.
Sec. 312. Lowell National Historical Park boundary adjustment.
Sec. 313. Minidoka National Historic Site.
Sec. 314. Acadia National Park improvement.

Subtitle C--Studies

Sec. 321. National Park System special resource study, Newtonia Civil
War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial
Military Museum.
Sec. 323. Wolf House study.
Sec. 324. Space Shuttle Columbia study.
Sec. 325. Cesar E. Chavez study.
Sec. 326. Taunton, Massachusetts, special resource study.
Sec. 327. Rim of the Valley Corridor study.

Subtitle D--Memorials, Commissions, and Museums

Sec. 331. Commemorative work to honor Brigadier General Francis Marion
and his family.
Sec. 332. Dwight D. Eisenhower Memorial Commission.
Sec. 333. Commission to Study the Potential Creation of a National
Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration
Commission.
Sec. 335. Sense of Congress regarding the designation of the Museum of
the American Quilter's Society of the United States.
Sec. 336. Sense of Congress regarding the designation of the National
Museum of Wildlife Art of the United States.
Sec. 337. Redesignation of Ellis Island Library.

Subtitle E--Trails and Rivers

Sec. 341. Authorization and administration of Star-Spangled Banner
National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail,
Nebraska.
Sec. 343. Lewis and Clark National Historic Trail extension.
Sec. 344. Wild and scenic River designation, Eightmile River,
Connecticut.

Subtitle F--Denali National Park and Alaska Railroad Exchange

Sec. 351. Denali National Park and Alaska Railroad Corporation
exchange.

Subtitle G--National Underground Railroad Network to Freedom Amendments

Sec. 361. Authorizing appropriations for specific purposes.

Subtitle H--Grand Canyon Subcontractors

Sec. 371. Definitions.
Sec. 372. Authorization.

TITLE IV--NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 404. Management plan.
Sec. 405. Evaluation; report.
Sec. 406. Local coordinating entity.
Sec. 407. Relationship to other Federal agencies.
Sec. 408. Private property and regulatory protections.
Sec. 409. Authorization of appropriations.
Sec. 410. Use of Federal funds from other sources.
Sec. 411. Sunset for grants and other assistance.

Subtitle B--Niagara Falls National Heritage Area

Sec. 421. Purposes.
Sec. 422. Definitions.
Sec. 423. Designation of the Niagara Falls National Heritage Area.
Sec. 424. Management plan.
Sec. 425. Evaluation; report.
Sec. 426. Local coordinating entity.
Sec. 427. Niagara Falls Heritage Area Commission.
Sec. 428. Relationship to other Federal agencies.
Sec. 429. Private property and regulatory protections.
Sec. 430. Authorization of appropriations.
Sec. 431. Use of Federal funds from other sources.
Sec. 432. Sunset for grants and other assistance.

Subtitle C--Abraham Lincoln National Heritage Area

Sec. 441. Purposes.
Sec. 442. Definitions.
Sec. 443. Designation of Abraham Lincoln National Heritage Area.
Sec. 444. Management plan.
Sec. 445. Evaluation; report.
Sec. 446. Local coordinating entity.
Sec. 447. Relationship to other Federal agencies.
Sec. 448. Private property and regulatory protections.
Sec. 449. Authorization of appropriations.
Sec. 450. Use of Federal funds from other sources.
Sec. 451. Sunset for grants and other assistance.

Subtitle D--Authorization Extensions and Viability Studies

Sec. 461. Extensions of authorized appropriations.
Sec. 462. Evaluation and report.

Subtitle E--Technical Corrections and Additions

Sec. 471. National Coal Heritage Area technical corrections.
Sec. 472. Rivers of Steel National Heritage Area addition.
Sec. 473. South Carolina National Heritage Corridor addition.
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 475. New Jersey Coastal Heritage trail route extension of
authorization.

Subtitle F--Studies

Sec. 481. Columbia-Pacific National Heritage Area study.
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.

TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS

Sec. 501. Alaska water resources study.
Sec. 502. Renegotiation of payment schedule, Redwood Valley County
Water District.
Sec. 503. American River Pump Station Project transfer.
Sec. 504. Arthur V. Watkins Dam enlargement.
Sec. 505. New Mexico water planning assistance.
Sec. 506. Conveyance of certain buildings and lands of the Yakima
Project, Washington.
Sec. 507. Conjunctive use of surface and groundwater in Juab County,
Utah.
Sec. 508. Early repayment of A & B Irrigation District construction
costs.
Sec. 509. Oregon water resources.
Sec. 510. Republican River Basin feasibility study.
Sec. 511. Eastern Municipal Water District.
Sec. 512. Bay Area regional water recycling program.
Sec. 513. Bureau of Reclamation site security.
Sec. 514. More water, more energy, and less waste.
Sec. 515. Platte River Recovery Implementation Program and Pathfinder
Modification Project authorization.
Sec. 516. Central Oklahoma Master Conservatory District feasibility
study.

TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

Sec. 601. Energy technology transfer.
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988.

[[Page H2774]]

TITLE VII--NORTHERN MARIANA ISLANDS

Subtitle A--Immigration, Security, and Labor

Sec. 701. Statement of congressional intent.
Sec. 702. Immigration reform for the Commonwealth.
Sec. 703. Further amendments to Public Law 94-241.
Sec. 704. Authorization of appropriations.
Sec. 705. Effective date.

Subtitle B--Northern Mariana Islands Delegate

Sec. 711. Delegate to House of Representatives from Commonwealth of the
Northern Mariana Islands.
Sec. 712. Election of Delegate.
Sec. 713. Qualifications for Office of Delegate.
Sec. 714. Determination of election procedure.
Sec. 715. Compensation, privileges, and immunities.
Sec. 716. Lack of effect on covenant.
Sec. 717. Definition.
Sec. 718. Conforming amendments regarding appointments to military
service academies by Delegate from the Commonwealth of
the Northern Mariana Islands.

TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

Sec. 801. Approval of Agreements.
Sec. 802. Funds to facilitate Federal activities.
Sec. 803. Conforming amendment.
Sec. 804. Clarifications regarding Palau.
Sec. 805. Availability of legal services.
Sec. 806. Technical amendments.
Sec. 807. Transmission of videotape programming.
Sec. 808. Palau road maintenance.
Sec. 809. Clarification of tax-free status of trust funds.
Sec. 810. Transfer of naval vessels to certain foreign recipients.

TITLE I--FOREST SERVICE AUTHORIZATIONS

SEC. 101. WILD SKY WILDERNESS.

(a) Additions to the National Wilderness Preservation
System.--
(1) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System: certain lands which comprise
approximately 106,000 acres, as generally depicted on a map
entitled ``Wild Sky Wilderness Proposal'' and dated February
6, 2007, which shall be known as the ``Wild Sky Wilderness''.
(2) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description for the
wilderness area designated under this section with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives. The map and description shall have the same
force and effect as if included in this section, except that
the Secretary of Agriculture may correct clerical and
typographical errors in the legal description and map. The
map and legal description shall be on file and available for
public inspection in the office of the Chief of the Forest
Service, Department of Agriculture.
(b) Administration Provisions.--
(1) In general.--
(A) Subject to valid existing rights, lands designated as
wilderness by this section shall be managed by the Secretary
of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this section, except that, with
respect to any wilderness areas designated by this section,
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 enactment of this Act.
(B) To fulfill the purposes of this section and the
Wilderness Act and to achieve administrative efficiencies,
the Secretary of Agriculture may manage the area designated
by this section as a comprehensive part of the larger complex
of adjacent and nearby wilderness areas.
(2) New trails.--
(A) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for
Forest Service lands in order to develop--
(i) a system of hiking and equestrian trails within the
wilderness designated by this section in a manner consistent
with the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) a system of trails adjacent to or to provide access to
the wilderness designated by this section.
(B) Within 2 years after the date of enactment of this Act,
the Secretary of Agriculture shall complete a report on the
implementation of the trail plan required under this section.
This report shall include the identification of priority
trails for development.
(3) Repeater site.--Within the Wild Sky Wilderness, the
Secretary of Agriculture is authorized to use helicopter
access to construct and maintain a joint Forest Service and
Snohomish County telecommunications repeater site, in
compliance with a Forest Service approved communications site
plan, for the purposes of improving communications for
safety, health, and emergency services.
(4) Float plane access.--As provided by section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of
floatplanes on Lake Isabel, where such use has already become
established, shall be permitted to continue subject to such
reasonable restrictions as the Secretary of Agriculture
determines to be desirable.
(5) Evergreen mountain lookout.--The designation under this
section shall not preclude the operation and maintenance of
the existing Evergreen Mountain Lookout in the same manner
and degree in which the operation and maintenance of such
lookout was occurring as of the date of enactment of this
Act.
(c) Authorization for Land Acquisition.--
(1) In general.--The Secretary of Agriculture is authorized
to acquire lands and interests therein, by purchase,
donation, or exchange, and shall give priority consideration
to those lands identified as ``Priority Acquisition Lands''
on the map described in subsection (a)(1). The boundaries of
the Mt. Baker-Snoqualmie National Forest and the Wild Sky
Wilderness shall be adjusted to encompass any lands acquired
pursuant to this section.
(2) Access.--Consistent with section 5(a) of the Wilderness
Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall
ensure adequate access to private inholdings within the Wild
Sky Wilderness.
(3) Appraisal.--Valuation of private lands shall be
determined without reference to any restrictions on access or
use which arise out of designation as a wilderness area as a
result of this section.
(d) Land Exchanges.--The Secretary of Agriculture shall
exchange lands and interests in lands, as generally depicted
on a map entitled ``Chelan County Public Utility District
Exchange'' and dated May 22, 2002, with the Chelan County
Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within 90
days after the date of enactment of this Act, offers to the
Secretary of Agriculture approximately 371.8 acres within the
Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the
Secretary of Agriculture shall convey to the Chelan County
Public Utility District a permanent easement, including
helicopter access, consistent with such levels as used as of
the date of enactment of this Act, to maintain an existing
telemetry site to monitor snow pack on 1.82 acres on the
Wenatchee National Forest in the State of Washington.
(3) The exchange directed by this section shall be
consummated if Chelan County Public Utility District conveys
title acceptable to the Secretary and provided there is no
hazardous material on the site, which is objectionable to the
Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange
shall revert to the United States.

SEC. 102. DESIGNATION OF NATIONAL RECREATIONAL TRAIL,
WILLAMETTE NATIONAL FOREST, OREGON, IN HONOR OF
JIM WEAVER, A FORMER MEMBER OF THE HOUSE OF
REPRESENTATIVES.

(a) Designation.--Forest Service trail number 3590 in the
Willamette National Forest in Lane County, Oregon, which is a
19.6 mile trail that begins and ends at North Waldo
Campground and circumnavigates Waldo Lake, is hereby
designated as a national recreation trail under section 4 of
the National Trails System Act (16 U.S.C. 1243) and shall be
known as the ``Jim Weaver Loop Trail''.
(b) Interpretive Sign.--Using funds available for the
Forest Service, the Secretary of Agriculture shall prepare,
install, and maintain an appropriate sign at the trailhead of
the Jim Weaver Loop Trail to indicate the name of the trail
and to provide information regarding the life and career of
Congressman Jim Weaver.

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT STATION.

(a) Definitions.--In this section:
(1) Light station.--The term ``Light Station'' means
Piedras Blancas Light Station.
(2) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Piedras Blancas Historic Light
Station Outstanding Natural Area established pursuant to
subsection (c).
(3) Public lands.--The term ``public lands'' has the
meaning stated in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1703(e)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Findings.--Congress finds as follows:
(1) The publicly owned Piedras Blancas Light Station has
nationally recognized historical structures that should be
preserved for present and future generations.
(2) The coastline adjacent to the Light Station is
internationally recognized as having significant wildlife and
marine habitat that provides critical information to research
institutions throughout the world.
(3) The Light Station tells an important story about
California's coastal prehistory and history in the context of
the surrounding region and communities.

[[Page H2775]]

(4) The coastal area surrounding the Light Station was
traditionally used by Indian people, including the Chumash
and Salinan Indian tribes.
(5) The Light Station is historically associated with the
nearby world-famous Hearst Castle (Hearst San Simeon State
Historical Monument), now administered by the State of
California.
(6) The Light Station represents a model partnership where
future management can be successfully accomplished among the
Federal Government, the State of California, San Luis Obispo
County, local communities, and private groups.
(7) Piedras Blancas Historic Light Station Outstanding
Natural Area would make a significant addition to the
National Landscape Conservation System administered by the
Department of the Interior's Bureau of Land Management.
(8) Statutory protection is needed for the Light Station
and its surrounding Federal lands to ensure that it remains a
part of our historic, cultural, and natural heritage and to
be a source of inspiration for the people of the United
States.
(c) Designation of the Piedras Blancas Historic Light
Station Outstanding Natural Area.--
(1) In general.--In order to protect, conserve, and enhance
for the benefit and enjoyment of present and future
generations the unique and nationally important historical,
natural, cultural, scientific, educational, scenic, and
recreational values of certain lands in and around the
Piedras Blancas Light Station, in San Luis Obispo County,
California, while allowing certain recreational and research
activities to continue, there is established, subject to
valid existing rights, the Piedras Blancas Historic Light
Station Outstanding Natural Area.
(2) Maps and legal descriptions.--The boundaries of the
Outstanding Natural Area as those shown on the map entitled
``Piedras Blancas Historic Light Station: Outstanding Natural
Area'', dated May 5, 2004, which shall be on file and
available for public inspection in the Office of the
Director, Bureau of Land Management, United States Department
of the Interior, and the State office of the Bureau of Land
Management in the State of California.
(3) Basis of management.--The Secretary shall manage the
Outstanding Natural Area as part of the National Landscape
Conservation System to protect the resources of the area, and
shall allow only those uses that further the purposes for the
establishment of the Outstanding Natural Area, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable laws.
(4) Withdrawal.--Subject to valid existing rights, and in
accordance with the existing withdrawal as set forth in
Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198,
Federal Register 52149), the Federal lands and interests in
lands included within the Outstanding Natural Area are hereby
withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the public land
mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
(d) Management of the Piedras Blancas Historic Light
Station Outstanding Natural Area.--
(1) In general.--The Secretary shall manage the Outstanding
Natural Area in a manner that conserves, protects, and
enhances the unique and nationally important historical,
natural, cultural, scientific, educational, scenic, and
recreational values of that area, including an emphasis on
preserving and restoring the Light Station facilities,
consistent with the requirements of subsection (c)(3).
(2) Uses.--Subject to valid existing rights, the Secretary
shall only allow such uses of the Outstanding Natural Area as
the Secretary finds are likely to further the purposes for
which the Outstanding Natural Area is established as set
forth in subsection (c)(1).
(3) Management plan.--Not later than 3 years after of the
date of enactment of this Act, the Secretary shall complete a
comprehensive management plan consistent with the
requirements of section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to provide long-term
management guidance for the public lands within the
Outstanding Natural Area and fulfill the purposes for which
it is established, as set forth in subsection (c)(1). The
management plan shall be developed in consultation with
appropriate Federal, State, and local government agencies,
with full public participation, and the contents shall
include--
(A) provisions designed to ensure the protection of the
resources and values described in subsection (c)(1);
(B) objectives to restore the historic Light Station and
ancillary buildings;
(C) an implementation plan for a continuing program of
interpretation and public education about the Light Station
and its importance to the surrounding community;
(D) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding
Natural Area as described in paragraph (1) and with other
proposed management activities to accommodate visitors and
researchers to the Outstanding Natural Area; and
(E) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and
long-term scientific uses of the resources, giving priority
to the enforcement of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.) and the National
Historic Preservation Act (16 U.S.C. 470 et seq.) within the
Outstanding Natural Area.
(4) Cooperative agreements.--In order to better implement
the management plan and to continue the successful
partnerships with the local communities and the Hearst San
Simeon State Historical Monument, administered by the
California Department of Parks and Recreation, the Secretary
may enter into cooperative agreements with the appropriate
Federal, State, and local agencies pursuant to section 307(b)
of the Federal Land Management Policy and Management Act of
1976 (43 U.S.C. 1737(b)).
(5) Research activities.--In order to continue the
successful partnership with research organizations and
agencies and to assist in the development and implementation
of the management plan, the Secretary may authorize within
the Outstanding Natural Area appropriate research activities
for the purposes identified in subsection (c)(1) and pursuant
to section 307(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1737(a)).
(6) Acquisition.--State and privately held lands or
interests in lands adjacent to the Outstanding Natural Area
and identified as appropriate for acquisition in the
management plan may be acquired by the Secretary as part of
the Outstanding Natural Area only by--
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the outstanding natural area.--Any lands
or interest in lands adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act shall be added to and administered as part of the
Outstanding Natural Area.
(8) Overflights.--Nothing in this section or the management
plan shall be construed to--
(A) restrict or preclude overflights, including low level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding
Natural Area;
(B) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of
military flight training routes over the Outstanding Natural
Area; or
(C) modify regulations governing low-level overflights
above the adjacent Monterey Bay National Marine Sanctuary.
(9) Law enforcement activities.--Nothing in this section
shall be construed to preclude or otherwise affect coastal
border security operations or other law enforcement
activities by the Coast Guard or other agencies within the
Department of Homeland Security, the Department of Justice,
or any other Federal, State, and local law enforcement
agencies within the Outstanding Natural Area.
(10) Native american uses and interests.--In recognition of
the past use of the Outstanding Natural Area by Indians and
Indian tribes for traditional cultural and religious
purposes, the Secretary shall ensure access to the
Outstanding Natural Area by Indians and Indian tribes for
such traditional cultural and religious purposes. In
implementing this subsection, the Secretary, upon the request
of an Indian tribe or Indian religious community, shall
temporarily close to the general public use of one or more
specific portions of the Outstanding Natural Area in order to
protect the privacy of traditional cultural and religious
activities in such areas by the Indian tribe or Indian
religious community. Any such closure shall be made to affect
the smallest practicable area for the minimum period
necessary for such purposes. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C.
1996 et seq.; commonly referred to as the ``American Indian
Religious Freedom Act'').
(11) No buffer zones.--The designation of the Outstanding
Natural Area is not intended to lead to the creation of
protective perimeters or buffer zones around area. The fact
that activities outside the Outstanding Natural Area and not
consistent with the purposes of this section can be seen or
heard within the Outstanding Natural Area shall not, of
itself, preclude such activities or uses up to the boundary
of the Outstanding Natural Area.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 202. JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.

(a) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and

[[Page H2776]]

(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means
the management plan developed under subsection (c)(1).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse Outstanding Natural Area'' and dated October
29, 2007.
(6) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Jupiter Inlet Lighthouse Outstanding
Natural Area established by subsection (b)(1).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse
Outstanding Natural Area.--
(1) Establishment.--Subject to valid existing rights, there
is established for the purposes described in paragraph (2)
the Jupiter Inlet Lighthouse Outstanding Natural Area, the
boundaries of which are depicted on the map.
(2) Purposes.--The purposes of the Outstanding Natural Area
are to protect, conserve, and enhance the unique and
nationally important historic, natural, cultural, scientific,
educational, scenic, and recreational values of the Federal
land surrounding the Lighthouse for the benefit of present
generations and future generations of people in the United
States, while--
(A) allowing certain recreational and research activities
to continue in the Outstanding Natural Area; and
(B) ensuring that Coast Guard operations and activities are
unimpeded within the boundaries of the Outstanding Natural
Area.
(3) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Bureau of Land Management.
(4) Withdrawal.--
(A) In general.--Subject to valid existing rights,
subsection (e), and any existing withdrawals under the
Executive orders and public land order described in
subparagraph (B), the Federal land and any interests in the
Federal land included in the Outstanding Natural Area are
withdrawn from--
(i) all forms of entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing and geothermal
leasing laws and the mineral materials laws.
(B) Description of executive orders.--The Executive orders
and public land order described in subparagraph (A) are--
(i) the Executive Order dated October 22, 1854;
(ii) Executive Order No. 4254 (June 12, 1925); and
(iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Commandant, shall develop a comprehensive management plan
in accordance with section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to--
(A) provide long-term management guidance for the public
land in the Outstanding Natural Area; and
(B) ensure that the Outstanding Natural Area fulfills the
purposes for which the Outstanding Natural Area is
established.
(2) Consultation; public participation.--The management
plan shall be developed--
(A) in consultation with appropriate Federal, State,
county, and local government agencies, the Commandant, the
Local Partners, and other partners; and
(B) in a manner that ensures full public participation.
(3) Existing plans.--The management plan shall, to the
maximum extent practicable, be consistent with existing
resource plans, policies, and programs.
(4) Inclusions.--The management plan shall include--
(A) objectives and provisions to ensure--
(i) the protection and conservation of the resource values
of the Outstanding Natural Area; and
(ii) the restoration of native plant communities and
estuaries in the Outstanding Natural Area, with an emphasis
on the conservation and enhancement of healthy, functioning
ecological systems in perpetuity;
(B) objectives and provisions to maintain or recreate
historic structures;
(C) an implementation plan for a program of interpretation
and public education about the natural and cultural resources
of the Lighthouse, the public land surrounding the
Lighthouse, and associated structures;
(D) a proposal for administrative and public facilities to
be developed or improved that--
(i) are compatible with achieving the resource objectives
for the Outstanding Natural Area described in subsection
(d)(1)(A)(ii); and
(ii) would accommodate visitors to the Outstanding Natural
Area;
(E) natural and cultural resource management strategies for
the Outstanding Natural Area, to be developed in consultation
with appropriate departments of the State, the Local
Partners, and the Commandant, with an emphasis on resource
conservation in the Outstanding Natural Area and the
interpretive, educational, and long-term scientific uses of
the resources; and
(F) recreational use strategies for the Outstanding Natural
Area, to be prepared in consultation with the Local Partners,
appropriate departments of the State, and the Coast Guard,
with an emphasis on passive recreation.
(5) Interim plan.--Until a management plan is adopted for
the Outstanding Natural Area, the Jupiter Inlet Coordinated
Resource Management Plan (including any updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan)
shall be in effect.
(d) Management of the Jupiter Inlet Lighthouse Outstanding
Natural Area.--
(1) Management.--
(A) In general.--The Secretary, in consultation with the
Local Partners and the Commandant, shall manage the
Outstanding Natural Area--
(i) as part of the National Landscape Conservation System;
(ii) in a manner that conserves, protects, and enhances the
unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational
values of the Outstanding Natural Area, including an emphasis
on the restoration of native ecological systems; and
(iii) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable laws.
(B) Limitation.--In managing the Outstanding Natural Area,
the Secretary shall not take any action that precludes,
prohibits, or otherwise affects the conduct of ongoing or
future Coast Guard operations or activities on lots 16 and
18, as depicted on the map.
(2) Uses.--Subject to valid existing rights and subsection
(e), the Secretary shall only allow uses of the Outstanding
Natural Area that the Secretary, in consultation with the
Commandant and Local Partners, determines would likely
further the purposes for which the Outstanding Natural Area
is established.
(3) Cooperative agreements.--To facilitate implementation
of the management plan and to continue the successful
partnerships with local communities and other partners, the
Secretary may, in accordance with section 307(b) of the
Federal Land Management Policy and Management Act of 1976 (43
U.S.C. 1737(b)), enter into cooperative agreements with the
appropriate Federal, State, county, other local government
agencies, and other partners (including the Loxahatchee River
Historical Society) for the long-term management of the
Outstanding Natural Area.
(4) Research activities.--To continue successful research
partnerships, pursue future research partnerships, and assist
in the development and implementation of the management plan,
the Secretary may, in accordance with section 307(a) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(a)), authorize the conduct of appropriate research
activities in the Outstanding Natural Area for the purposes
described in subsection (b)(2).
(5) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire for inclusion in the Outstanding Natural Area any
State or private land or any interest in State or private
land that is--
(i) adjacent to the Outstanding Natural Area; and
(ii) identified in the management plan as appropriate for
acquisition.
(B) Means of acquisition.--Land or an interest in land may
be acquired under subparagraph (A) only by donation,
exchange, or purchase from a willing seller with donated or
appropriated funds.
(C) Additions to the outstanding natural area.--Any land or
interest in land adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act under subparagraph (A) shall be added to, and
administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities.--Nothing in this section,
the management plan, or the Jupiter Inlet Coordinated
Resource Management Plan (including any updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan)
precludes, prohibits, or otherwise affects--
(A) any maritime security, maritime safety, or
environmental protection mission or activity of the Coast
Guard;
(B) any border security operation or law enforcement
activity by the Department of Homeland Security or the
Department of Justice; or
(C) any law enforcement activity of any Federal, State, or
local law enforcement agency in the Outstanding Natural Area.
(7) Future disposition of coast guard facilities.--If the
Commandant determines, after the date of enactment of this
Act, that Coast Guard facilities within the Outstanding
Natural Area exceed the needs of the Coast Guard, the
Commandant may relinquish the facilities to the Secretary
without removal, subject only to any environmental
remediation that may be required by law.
(e) Effect on Ongoing and Future Coast Guard Operations.--
Nothing in this section, the management plan, or the Jupiter
Inlet Coordinated Resource Management Plan (including updates
or amendments to the Jupiter Inlet Coordinated Resource
Management

[[Page H2777]]

Plan) precludes, prohibits, or otherwise affects ongoing or
future Coast Guard operations or activities in the
Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance
of, and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot
18;
(4) the existing lease of the Jupiter Inlet Lighthouse on
lot 18 from the Coast Guard to the Loxahatchee River
Historical Society; or
(5) any easements or other less-than-fee interests in
property appurtenant to existing Coast Guard facilities on
lots 16 and 18.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 203. NEVADA NATIONAL GUARD LAND CONVEYANCE, CLARK
COUNTY, NEVADA.

(a) In General.--Notwithstanding any other provision of
law, Clark County, Nevada, may convey, without consideration,
to the Nevada Division of State Lands for use by the Nevada
National Guard approximately 51 acres of land in Clark
County, Nevada, as generally depicted on the map entitled
``Southern Nevada Readiness Center Act'' and dated October 4,
2005.
(b) Limitation.--If the land described in subsection (a)
ceases to be used by the Nevada National Guard, the land
shall revert to Clark County, Nevada, for management in
accordance with the Southern Nevada Public Land Management
Act of 1998 (Public Law 105-263; 112 Stat. 2343).

TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

Subtitle A--Cooperative Agreements

SEC. 301. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL
RESOURCE PROTECTION.

(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') may enter into
cooperative agreements with State, local, or tribal
governments, other Federal agencies, other public entities,
educational institutions, private nonprofit organizations, or
participating private landowners for the purpose of
protecting natural resources of units of the National Park
System through collaborative efforts on land inside and
outside of National Park System units.
(b) Terms and Conditions.--A cooperative agreement entered
into under subsection (a) shall provide clear and direct
benefits to park natural resources and--
(1) provide for--
(A) the preservation, conservation, and restoration of
coastal and riparian systems, watersheds, and wetlands;
(B) preventing, controlling, or eradicating invasive exotic
species that are within a unit of the National Park System or
adjacent to a unit of the National Park System; or
(C) restoration of natural resources, including native
wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the
agreement will--
(A) enhance science-based natural resource stewardship at
the unit of the National Park System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical assistance to
be provided by the Secretary or other parties to the
agreement in support of activities inside and outside the
unit of the National Park System that will--
(A) protect natural resources of the unit of the National
Park System; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment and any
other resources that will be contributed by the parties to
the agreement or by other Federal agencies;
(5) describe any financial assistance to be provided by the
Secretary or the partners to implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant
to the agreement is determined by the Secretary to support
the purposes of natural resource stewardship at a unit of the
National Park System; and
(7) include such other terms and conditions as are agreed
to by the Secretary and the other parties to the agreement.
(c) Limitations.--The Secretary shall not use any funds
associated with an agreement entered into under subsection
(a) for the purposes of land acquisition, regulatory
activity, or the development, maintenance, or operation of
infrastructure, except for ancillary support facilities that
the Secretary determines to be necessary for the completion
of projects or activities identified in the agreement.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

Subtitle B--Boundary Adjustments and Authorizations

SEC. 311. CARL SANDBURG HOME NATIONAL HISTORIC SITE BOUNDARY
ADJUSTMENT.

(a) Definitions.--In this section:
(1) Historic site.--The term ``Historic Site'' means Carl
Sandburg Home National Historic Site.
(2) Map.--The term ``map'' means the map entitled
``Sandburg Center Alternative'' numbered 445/80,017 and dated
April 2007.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Acquisition Authority.--The Secretary may acquire from
willing sellers by donation, purchase with donated or
appropriated funds, or exchange not more than 110 acres of
land, water, or interests in land and water, within the area
depicted on the map, to be added to the Historic Site.
(c) Visitor Center.--To preserve the historic character and
landscape of the site, the Secretary may also acquire up to
five acres for the development of a visitor center and
visitor parking area adjacent to or in the general vicinity
of the Historic Site.
(d) Boundary Revision.--Upon acquisition of any land or
interest in land under this section, the Secretary shall
revise the boundary of the Historic Site to reflect the
acquisition.
(e) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(f) Administration.--Land added to the Historic Site by
this section shall be administered as part of the Historic
Site in accordance with applicable laws and regulations.

SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.

The Act entitled ``An Act to provide for the establishment
of the Lowell National Historical Park in the Commonwealth of
Massachusetts, and for other purposes'' approved June 5, 1978
(Public Law 95-290; 92 Stat. 290; 16 U.S.C. 410cc et seq.) is
amended as follows:
(1) In section 101(a), by adding a new paragraph after
paragraph (2) as follows:
``(3) The boundaries of the park are modified to include
five parcels of land identified on the map entitled `Boundary
Adjustment, Lowell National Historical Park,' numbered 475/
81,424B and dated September 2004, and as delineated in
section 202(a)(2)(G).''.
(2) In section 202(a)(2), by adding at the end the
following new subparagraph:
``(G) The properties shown on the map identified in
subsection (101)(a)(3) as follows:
``(i) 91 Pevey Street.
``(ii) The portion of 607 Middlesex Place.
``(iii) Eagle Court.
``(iv) The portion of 50 Payne Street.
``(v) 726 Broadway.''.

SEC. 313. MINIDOKA NATIONAL HISTORIC SITE.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Idaho.
(b) Bainbridge Island Japanese American Memorial.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Minidoka Internment
National Monument, located in the State and established by
Presidential Proclamation 7395 of January 17, 2001, is
adjusted to include the Nidoto Nai Yoni (``Let it not happen
again'') memorial (referred to in this subsection as the
``memorial''), which--
(i) commemorates the Japanese Americans of Bainbridge
Island, Washington, who were the first to be forcibly removed
from their homes and relocated to internment camps during
World War II under Executive Order No. 9066; and
(ii) consists of approximately 8 acres of land owned by the
City of Bainbridge Island, Washington, as depicted on the map
entitled ``Bainbridge Island Japanese American Memorial'',
numbered 194/80,003, and dated September, 2006.
(B) Map.--The map referred to in subparagraph (A) shall be
kept on file and made available for public inspection in the
appropriate offices of the National Park Service.
(2) Administration of memorial.--
(A) In general.--The memorial shall be administered as part
of the Minidoka Internment National Monument.
(B) Agreements.--To carry out this subsection, the
Secretary may enter into agreements with--
(i) the City of Bainbridge Island, Washington;
(ii) the Bainbridge Island Metropolitan Park and
Recreational District;
(iii) the Bainbridge Island Japanese American Community
Memorial Committee;
(iv) the Bainbridge Island Historical Society; and
(v) other appropriate individuals or entities.
(C) Implementation.--To implement an agreement entered into
under this paragraph, the Secretary may--
(i) enter into a cooperative management agreement relating
to the operation and maintenance of the memorial with the
City of Bainbridge Island, Washington, in accordance with
section 3(l) of Public law 91-383 (16 U.S.C. 1a-2(l)); and
(ii) enter into cooperative agreements with, or make grants
to, the City of Bainbridge Island, Washington, and other non-
Federal entities for the development of facilities,
infrastructure, and interpretive media at the memorial, if
any Federal funds provided by a grant or through a
cooperative agreement are matched with non-Federal funds.

[[Page H2778]]

(D) Administration and visitor use site.--The Secretary may
operate and maintain a site in the State of Washington for
administrative and visitor use purposes associated with the
Minidoka Internment National Monument.
(c) Establishment of Minidoka National Historic Site.--
(1) Definitions.--In this section:
(A) Historic site.--The term ``Historic Site'' means the
Minidoka National Historic Site established by paragraph
(2)(A).
(B) Minidoka map.--The term ``Minidoka Map'' means the map
entitled ``Minidoka National Historic Site, Proposed Boundary
Map'', numbered 194/80,004, and dated December 2006.
(2) Establishment.--
(A) National historic site.--In order to protect, preserve,
and interpret the resources associated with the former
Minidoka Relocation Center where Japanese Americans were
incarcerated during World War II, there is established the
Minidoka National Historic Site.
(B) Minidoka internment national monument.--
(i) In general.--The Minidoka Internment National Monument
(referred to in this subsection as the ``Monument)'', as
described in Presidential Proclamation 7395 of January 17,
2001, is abolished.
(ii) Incorporation.--The land and any interests in the land
at the Monument are incorporated within, and made part of,
the Historic Site.
(iii) Funds.--Any funds available for purposes of the
Monument shall be available for the Historic Site.
(C) References.--Any reference in a law (other than in this
title), map, regulation, document, record, or other paper of
the United States to the ``Minidoka Internment National
Monument'' shall be considered to be a reference to the
``Minidoka National Historic Site''.
(3) Boundary of historic site.--
(A) Boundary.--The boundary of the Historic Site shall
include--
(i) approximately 292 acres of land, as depicted on the
Minidoka Map; and
(ii) approximately 8 acres of land, as described in
subsection (b)(1)(A)(ii).
(B) Availability of map.--The Minidoka Map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(4) Land transfers and acquisition.--
(A) Transfer from bureau of reclamation.--Administrative
jurisdiction over the land identified on the Minidoka Map as
``BOR parcel 1'' and ``BOR parcel 2'', including any
improvements on, and appurtenances to, the parcels, is
transferred from the Bureau of Reclamation to the National
Park Service for inclusion in the Historic Site.
(B) Transfer from bureau of land management.--
Administrative jurisdiction over the land identified on the
Minidoka Map as ``Public Domain Lands'' is transferred from
the Bureau of Land Management to the National Park Service
for inclusion in the Historic Site, and the portions of any
prior Secretarial orders withdrawing the land are revoked.
(C) Acquisition authority.--The Secretary may acquire any
land or interest in land located within the boundary of the
Historic Site, as depicted on the Minidoka Map, by--
(i) donation;
(ii) purchase with donated or appropriated funds from a
willing seller; or
(iii) exchange.
(5) Administration.--
(A) In general.--The Historic Site shall be administered in
accordance with--
(i) this Act; and
(ii) laws (including regulations) generally applicable to
units of the National Park System, including--

(I) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(II) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).

(B) Interpretation and education.--
(i) In general.--The Secretary shall interpret--

(I) the story of the relocation of Japanese Americans
during World War II to the Minidoka Relocation Center and
other centers across the United States;
(II) the living conditions of the relocation centers;
(III) the work performed by the internees at the relocation
centers; and
(IV) the contributions to the United States military made
by Japanese Americans who had been interned.

(ii) Oral histories.--To the extent feasible, the
collection of oral histories and testimonials from Japanese
Americans who were confined shall be a part of the
interpretive program at the Historic Site.
(iii) Coordination.--The Secretary shall coordinate the
development of interpretive and educational materials and
programs for the Historic Site with the Manzanar National
Historic Site in the State of California.
(C) Bainbridge island japanese american memorial.--The
Bainbridge Island Japanese American Memorial shall be
administered in accordance with subsection (b)(2).
(D) Continued agricultural use.--In keeping with the
historical use of the land following the decommission of the
Minidoka Relocation Center, the Secretary may issue a special
use permit or enter into a lease to allow agricultural uses
within the Historic Site under appropriate terms and
conditions, as determined by the Secretary.
(6) Disclaimer of interest in land.--
(A) In general.--The Secretary may issue to Jerome County,
Idaho, a document of disclaimer of interest in land for the
parcel identified as ``Tract No. 2''--
(i) in the final order of condemnation, for the case
numbered 2479, filed on January 31, 1947, in the District
Court of the United States, in and for the District of Idaho,
Southern Division; and
(ii) on the Minidoka Map.
(B) Process.--The Secretary shall issue the document of
disclaimer of interest in land under subsection (a) in
accordance with section 315(b) of Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1745(b)).
(C) Effect.--The issuance by the Secretary of the document
of disclaimer of interest in land under subsection (a) shall
have the same effect as a quit-claim deed issued by the
United States.
(d) Conveyance of American Falls Reservoir District Number
2.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means Agreement No.
5-07-10-L1688 between the United States and the District,
entitled ``Agreement Between the United States and the
American Falls Reservoir District No. 2 to Transfer Title to
the Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir
District No. 2''.
(B) District.--The term ``District'' means the American
Falls Reservoir District No. 2, located in Jerome, Lincoln,
and Gooding Counties, of the State.
(2) Authority to convey title.--
(A) In general.--In accordance with all applicable law and
the terms and conditions set forth in the Agreement, the
Secretary may convey--
(i) to the District all right, title, and interest in and
to the land and improvements described in Appendix A of the
Agreement, subject to valid existing rights;
(ii) to the city of Gooding, located in Gooding County, of
the State, all right, title, and interest in and to the 5.0
acres of land and improvements described in Appendix D of the
Agreement; and
(iii) to the Idaho Department of Fish and Game all right,
title, and interest in and to the 39.72 acres of land and
improvements described in Appendix D of the Agreement.
(B) Compliance with agreement.--All parties to the
conveyance under subparagraph (A) shall comply with the terms
and conditions of the Agreement, to the extent consistent
with this section.
(3) Compliance with other laws.--
(A) In general.--On conveyance of the land and improvements
under paragraph (2)(A)(i), the District shall comply with all
applicable Federal, State, and local laws (including
regulations) in the operation of each facility transferred.
(B) Applicable authority.--Nothing in this subsection
modifies or otherwise affects the applicability of 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.)) to project water provided
to the District.
(4) Revocation of withdrawals.--
(A) In general.--The portions of the Secretarial Orders
dated March 18, 1908, October 7, 1908, September 29, 1919,
October 22, 1925, March 29, 1927, July 23, 1927, and May 7,
1963, withdrawing the approximately 6,900 acres described in
Appendix E of the Agreement for the purpose of the Gooding
Division of the Minidoka Project, are revoked.
(B) Management of withdrawn land.--The Secretary, acting
through the Director of the Bureau of Land Management, shall
manage the withdrawn land described in subparagraph (A)
subject to valid existing rights.
(5) Liability.--
(A) In general.--Subject to subparagraph (B), upon
completion of a conveyance under paragraph (2), the United
States shall not be liable for damages of any kind for any
injury arising out of an act, omission, or occurrence
relating to the land (including any improvements to the land)
conveyed under the conveyance.
(B) Exception.--Subparagraph (A) shall not apply to
liability for damages resulting from an injury caused by any
act of negligence committed by the United States (or by any
officer, employee, or agent of the United States) before the
date of completion of the conveyance.
(C) Federal tort claims act.--Nothing in this paragraph
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code.
(6) Future benefits.--
(A) Responsibility of the district.--After completion of
the conveyance of land and improvements to the District under
paragraph (2)(A)(i), and consistent with the Agreement, the
District shall assume responsibility for all duties and costs
associated with the operation, replacement, maintenance,
enhancement, and betterment of the transferred land
(including any improvements to the land).
(B) Eligibility for federal funding.--
(i) In general.--Except as provided in clause (ii), the
District shall not be eligible to receive Federal funding to
assist in any activity described in subparagraph (A) relating
to land and improvements transferred under paragraph
(2)(A)(i).
(ii) Exception.--Clause (i) shall not apply to any funding
that would be available to a similarly situated
nonreclamation district, as determined by the Secretary.

[[Page H2779]]

(7) National environmental policy act.--Before completing
any conveyance under this subsection, the Secretary shall
complete all actions required under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(C) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(D) all other applicable laws (including regulations).
(8) Payment.--
(A) Fair market value requirement.--As a condition of the
conveyance under paragraph (2)(A)(i), the District shall pay
the fair market value for the withdrawn lands to be acquired
by the District, in accordance with the terms of the
Agreement.
(B) Grant for building replacement.--As soon as practicable
after the date of enactment of this Act, and in full
satisfaction of the Federal obligation to the District for
the replacement of the structure in existence on that date of
enactment that is to be transferred to the National Park
Service for inclusion in the Minidoka National Historic Site,
the Secretary, acting through the Commissioner of
Reclamation, shall provide to the District a grant in the
amount of $52,996, in accordance with the terms of the
Agreement.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT.

(a) Extension of Land Conveyance Authority.--Section 102(d)
of Public Law 99-420 (16 U.S.C. 341 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Federally owned property under jurisdiction of the
Secretary referred to in paragraph (1) of this subsection
shall be conveyed to the towns in which the property is
located without encumbrance and without monetary
consideration, except that no town shall be eligible to
receive such lands unless lands within the Park boundary and
owned by the town have been conveyed to the Secretary.''.
(b) Extension of Acadia National Park Advisory
Commission.--
(1) In general.--Section 103(f) of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking ``20'' and inserting
``40''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 25, 2006.
(c) Authorization of Appropriations.--Section 106 of Public
Law 99-420 (16 U.S.C. 341 note) is amended by adding the
following:
``(c) Additional Funding.--In addition to such sums as have
been heretofore appropriated, there is hereby authorized
$10,000,000 for acquisition of lands and interests
therein.''.
(d) Intermodal Transportation Center.--Title I of Public
Law 99-420 (16 U.S.C. 341 note) is amended by adding at the
end the following new section:

``SEC. 108. INTERMODAL TRANSPORTATION CENTER.

``(a) In General.--The Secretary may provide assistance in
the planning, construction, and operation of an intermodal
transportation center located outside of the boundary of the
Park in the town of Trenton, Maine to improve the management,
interpretation, and visitor enjoyment of the Park.
``(b) Agreements.--To carry out subsection (a), in
administering the intermodal transportation center, the
Secretary may enter into interagency agreements with other
Federal agencies, and, notwithstanding chapter 63 of title
31, United States Code, cooperative agreements, under
appropriate terms and conditions, with State and local
agencies, and nonprofit organizations--
``(1) to provide exhibits, interpretive services (including
employing individuals to provide such services), and
technical assistance;
``(2) to conduct activities that facilitate the
dissemination of information relating to the Park and the
Island Explorer transit system or any successor transit
system;
``(3) to provide financial assistance for the construction
of the intermodal transportation center in exchange for space
in the center that is sufficient to interpret the Park; and
``(4) to assist with the operation and maintenance of the
intermodal transportation center.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary not more than 40 percent of the total cost
necessary to carry out this section (including planning,
design and construction of the intermodal transportation
center).
``(2) Operations and maintenance.--There are authorized to
be appropriated to the Secretary not more than 85 percent of
the total cost necessary to maintain and operate the
intermodal transportation center.''.

Subtitle C--Studies

SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY,
NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI.

(a) Special Resource Study.--The Secretary of the Interior
shall conduct a special resource study relating to the First
Battle of Newtonia in Newton County, Missouri, which occurred
on September 30, 1862, and the Second Battle of Newtonia,
which occurred on October 28, 1864, during the Missouri
Expedition of Confederate General Sterling Price in September
and October 1864.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in
the document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;
(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek
National Battlefield or their designation as a unit of the
National Park System is likely to have on land within or
bordering the battlefields and related sites that is
privately owned at the time of the study is conducted;
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local
governmental entities, or private and nonprofit
organizations; and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives referred to in paragraph
(5).
(c) Criteria.--The criteria for the study of areas for
potential inclusion in the National Park System contained in
section 8 of Public Law 91-383 (16 U.S.C. 1a-5) shall apply
to the study under subsection (a).
(d) Transmission to Congress.--Not later than three years
after the date on which funds are first made available for
the study under subsection (a), the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.

SEC. 322. NATIONAL PARK SERVICE STUDY REGARDING THE SOLDIERS'
MEMORIAL MILITARY MUSEUM.

(a) Findings.--Congress finds as follows:
(1) The Soldiers' Memorial is a tribute to all veterans
located in the greater St. Louis area, including Southern
Illinois.
(2) The current annual budget for the memorial is $185,000
and is paid for exclusively by the City of St. Louis.
(3) In 1923, the City of St. Louis voted to spend
$6,000,000 to purchase a memorial plaza and building
dedicated to citizens of St. Louis who lost their lives in
World War I.
(4) The purchase of the 7 block site exhausted the funds
and no money remained to construct a monument.
(5) In 1933, Mayor Bernard F. Dickmann appealed to citizens
and the city government to raise $1,000,000 to construct a
memorial building and general improvement of the plaza area
and the construction of Soldiers' Memorial began on October
21, 1935.
(6) On October 14, 1936, President Franklin D. Roosevelt
officially dedicated the site.
(7) On Memorial Day in 1938, Mayor Dickmann opened the
building to the public.
(b) Study.--The Secretary of the Interior shall carry out a
study to determine the suitability and feasibility of
designating the Soldiers' Memorial Military Museum, located
at 1315 Chestnut, St. Louis, Missouri, as a unit of the
National Park System.
(c) Study Process and Completion.--Section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and
completion of the study required by this section.
(d) Report.--The Secretary shall submit a report describing
the results the study required by this section to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.

SEC. 323. WOLF HOUSE STUDY.

(a) In General.--The Secretary shall complete a special
resource study of the Wolf House located on Highway 5 in
Norfork, Arkansas, to determine--
(1) the suitability and feasibility of designating the Wolf
House as a unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of the Wolf House by the National Park
Service, other Federal, State, or local government entities
or private or non-profit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.

SEC. 324. SPACE SHUTTLE COLUMBIA STUDY.

(a) Definitions.--In this section:
(1) Memorial.--The term ``memorial'' means a memorial to
the Space Shuttle Columbia that is subject to the study in
subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Study of Suitability and Feasibility of Establishing
Memorials to the Space Shuttle Columbia.--

[[Page H2780]]

(1) In general.--Not later than 3 years after the date on
which funds are made available, the Secretary shall conduct a
special resource study to determine the feasibility and
suitability of establishing a memorial as a unit or units of
the National Park System to the Space Shuttle Columbia on
land in the State of Texas described in paragraph (2) on
which large debris from the Shuttle was recovered.
(2) Description of land.--The parcels of land referred to
in paragraph (1) are--
(A) the parcel of land owned by the Fredonia Corporation,
located at the southeast corner of the intersection of East
Hospital Street and North Fredonia Street, Nacogdoches,
Texas;
(B) the parcel of land owned by Temple Inland Inc., 10
acres of a 61-acre tract bounded by State Highway 83 and
Bayou Bend Road, Hemphill, Texas;
(C) the parcel of land owned by the city of Lufkin, Texas,
located at City Hall Park, 301 Charlton Street, Lufkin,
Texas; and
(D) the parcel of land owned by San Augustine County,
Texas, located at 1109 Oaklawn Street, San Augustine, Texas.
(3) Additional sites.--The Secretary may recommend to
Congress additional sites in the State of Texas relating to
the Space Shuttle Columbia for establishment as memorials to
the Space Shuttle Columbia.

SEC. 325. CESAR E. CHAVEZ STUDY.

(a) In General.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall complete a special resource study of
sites in the State of Arizona, the State of California, and
other States that are significant to the life of Cesar E.
Chavez and the farm labor movement in the western United
States to determine--
(1) appropriate methods for preserving and interpreting the
sites; and
(2) whether any of the sites meets the criteria for listing
on the National Register of Historic Places or designation as
a national historic landmark under--
(A) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); or
(B) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(b) Requirements.--In conducting the study under subsection
(a), the Secretary shall--
(1) consider the criteria for the study of areas for
potential inclusion in the National Park System under section
8(b)(2) of Public Law 91-383 (16 U.S.C. 1a-5(b)(2)); and
(2) consult with--
(A) the Cesar E. Chavez Foundation;
(B) the United Farm Workers Union; and
(C) State and local historical associations and societies,
including any State historic preservation offices in the
State in which the site is located.
(c) Report.--On completion of the study, the Secretary
shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes--
(1) the findings of the study; and
(2) any recommendations of the Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY.

(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in consultation with
the appropriate State historic preservation officers, State
historical societies, the city of Taunton, Massachusetts, and
other appropriate organizations, shall conduct a special
resources study regarding the suitability and feasibility of
designating certain historic buildings and areas in Taunton,
Massachusetts, as a unit of the National Park System. The
study shall be conducted and completed in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and
shall include analysis, documentation, and determinations
regarding whether the historic areas in Taunton--
(1) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under management
by the National Park Service or under an alternative
management structure;
(2) have an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use;
(3) reflect traditions, customs, beliefs, and historical
events that are valuable parts of the national story;
(4) provide outstanding opportunities to conserve natural,
historic, cultural, architectural, or scenic features;
(5) provide outstanding recreational and educational
opportunities; and
(6) can be managed by the National Park Service in
partnership with residents, business interests, nonprofit
organizations, and State and local governments to develop a
unit of the National Park System consistent with State and
local economic activity.
(b) Report.--Not later than 3 fiscal years after the date
on which funds are first made available for this section, the
Secretary shall submit to the Committee on Natural 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 of the study required under
subsection (a).
(c) Private Property.--The recommendations in the report
submitted pursuant to subsection (b) shall include discussion
and consideration of the concerns expressed by private
landowners with respect to designating certain structures
referred to in this section as a unit of the National Park
System.

SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY.

(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall complete a
special resource study of the area known as the Rim of the
Valley Corridor, generally including the mountains encircling
the San Fernando, La Crescenta, Santa Clarita, Simi, and
Conejo Valleys in California, to determine--
(1) the suitability and feasibility of designating all or a
portion of the corridor as a unit of the Santa Monica
Mountains National Recreation Area; and
(2) the methods and means for the protection and
interpretation of this corridor by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(b) Documentation.--In conducting the study authorized
under subsection (a), the Secretary shall document--
(1) the process used to develop the existing Santa Monica
Mountains National Recreation Area Fire Management Plan and
Environmental Impact Statement (September 2005); and
(2) all activity conducted pursuant to the plan referred to
in paragraph (1) designed to protect lives and property from
wildfire.
(c) Study Requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which
funds are made available to carry out this title, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.

Subtitle D--Memorials, Commissions, and Museums

SEC. 331. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL
FRANCIS MARION AND HIS FAMILY.

(a) Findings.--The Congress finds the following:
(1) Francis Marion was born in 1732 in St. John's Parish,
Berkeley County, South Carolina. He married Mary Esther
Videau on April 20th, 1786. Francis and Mary Esther Marion
had no children, but raised a son of a relative as their own,
and gave the child Francis Marion's name.
(2) Brigadier General Marion commanded the Williamsburg
Militia Revolutionary force in South Carolina and was
instrumental in delaying the advance of British forces by
leading his troops in disrupting supply lines.
(3) Brigadier General Marion's tactics, which were unheard
of in rules of warfare at the time, included lightning raids
on British convoys, after which he and his forces would
retreat into the swamps to avoid capture. British Lieutenant
Colonel Tarleton stated that ``as for this damned old swamp
fox, the devil himself could not catch him''. Thus, the
legend of the ``Swamp Fox'' was born.
(4) His victory at the Battle of Eutaw Springs in September
of 1781 was officially recognized by Congress.
(5) Brigadier General Marion's troops are believed to be
the first racially integrated force fighting for the United
States, as his band was a mix of Whites, Blacks, both free
and slave, and Native Americans.
(6) As a statesman, he represented his parish in the South
Carolina senate as well as his State at the Constitutional
Convention.
(7) Although the Congress has authorized the establishment
of commemorative works on Federal lands in the District of
Columbia honoring such celebrated Americans as George
Washington, Thomas Jefferson, and Abraham Lincoln, the
National Capital has no comparable memorial to Brigadier
General Francis Marion for his bravery and leadership during
the Revolutionary War, without which the United States would
not exist.
(8) Brigadier General Marion's legacy must live on. Since
1878, United States Reservation 18 has been officially
referred to as Marion Park. Located between 4th and 6th
Streets, S.E., at the intersection of E Street and South
Carolina Avenue, S.E., in Washington, DC, the park lacks a
formal commemoration to this South Carolina hero who was
important to the initiation of the Nation's heritage.
(9) The time has come to correct this oversight so that
future generations of Americans will know and understand the
preeminent historical and lasting significance to the Nation
of Brigadier General Marion's contributions. Such a South
Carolina hero deserves to be given the proper recognition.
(b) Authority To Establish Commemorative Work.--The Marion
Park Project, a committee of the Palmetto Conservation
Foundation, may establish a commemorative work on Federal
land in the District of Columbia and its environs to honor
Brigadier General Francis Marion and his service.
(c) Compliance With Standards for Commemorative Works.--The
commemorative work authorized by subsection (b) shall be
established in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').

[[Page H2781]]

(d) Use of Federal Funds Prohibited.--Federal funds may not
be used to pay any expense of the establishment of the
commemorative work authorized by subsection (b). The Marion
Park Project, a committee of the Palmetto Conservation
Foundation, shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the
establishment of that commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the commemorative work
authorized by subsection (b) (including the maintenance and
preservation amount provided for in section 8906(b) of title
40, United States Code), or upon expiration of the authority
for the commemorative work under chapter 89 of title 40,
United States Code, there remains a balance of funds received
for the establishment of that commemorative work, the Marion
Park Project, a committee of the Palmetto Conservation
Foundation, shall transmit the amount of the balance to the
Secretary of the Treasury for deposit in the account provided
for in section 8906(b)(1) of such title.
(f) Definitions.--For the purposes of this section, the
terms ``commemorative work'' and ``the District of Columbia
and its environs'' have the meanings given to such terms in
section 8902(a) of title 40, United States Code.

SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.

Section 8162 of the Department of Defense Appropriations
Act, 2000 (Public Law 106-79; 113 Stat. 1274) is amended--
(1) by striking subsection (j) and inserting the following:
``(j) Powers of the Commission.--
``(1) In general.--
``(A) Powers.--The Commission may--
``(i) make such expenditures for services and materials for
the purpose of carrying out this section as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
``(ii) solicit and accept contributions to be used in
carrying out this section or to be used in connection with
the construction or other expenses of the memorial;
``(iii) hold hearings and enter into contracts;
``(iv) enter into contracts for specialized or professional
services as necessary to carry out this section; and
``(v) take such actions as are necessary to carry out this
section.
``(B) Specialized or professional services.--Services under
subparagraph (A)(iv) may be--
``(i) obtained without regard to the provisions of title 5,
United States Code, including section 3109 of that title; and
``(ii) may be paid without regard to the provisions of
title 5, United States Code, including chapter 51 and
subchapter III of chapter 53 of that title.
``(2) Gifts of property.--The Commission may accept gifts
of real or personal property to be used in carrying out this
section, including to be used in connection with the
construction or other expenses of the memorial.
``(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide any
information or other assistance to the Commission that the
head of the Federal department or agency determines to be
appropriate.
``(4) Powers of members and agents.--
``(A) In general.--If authorized by the Commission, any
member or agent of the Commission may take any action that
the Commission is authorized to take under this section.
``(B) Architect.--The Commission may appoint an architect
as an agent of the Commission to--
``(i) represent the Commission on various governmental
source selection and planning boards on the selection of the
firms that will design and construct the memorial; and
``(ii) perform other duties as designated by the
Chairperson of the Commission.
``(C) Treatment.--An authorized member or agent of the
Commission (including an individual appointed under
subparagraph (B)) providing services to the Commission shall
be considered an employee of the Federal Government in the
performance of those services for the purposes of chapter 171
of title 28, United States Code, relating to tort claims.
``(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the
Commission.'';
(2) by redesignating subsection (o) as subsection (q); and
(3) by adding after subsection (n) the following:
``(o) Staff and Support Services.--
``(1) Executive director.--There shall be an Executive
Director appointed by the Commission to be paid at a rate not
to exceed the maximum rate of basic pay for level IV of the
Executive Schedule.
``(2) Staff.--
``(A) In general.--The staff of the Commission may be
appointed and terminated without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title, relating to classification and General Schedule
pay rates, except that an individual appointed under this
paragraph may not receive pay in excess of the maximum rate
of basic pay for GS-15 of the General Schedule.
``(B) Senior staff.--Notwithstanding subparagraph (A), not
more than 3 staff employees of the Commission (in addition to
the Executive Director) may be paid at a rate not to exceed
the maximum rate of basic pay for level IV of the Executive
Schedule.
``(3) Staff of federal agencies.--On request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of the department or agency to
the Commission to assist the Commission to carry out its
duties under this section.
``(4) Federal support.--The Commission shall obtain
administrative and support services from the General Services
Administration on a reimbursable basis. The Commission may
use all contracts, schedules, and acquisition vehicles
allowed to external clients through the General Services
Administration.
``(5) Cooperative agreements.--The Commission may enter
into cooperative agreements with Federal agencies, State,
local, tribal and international governments, and private
interests and organizations which will further the goals and
purposes of this section.
``(6) Temporary, intermittent, and part-time services.--
``(A) In general.--The Commission may obtain temporary,
intermittent, and part-time services under section 3109 of
title 5, United States Code, at rates not to exceed the
maximum annual rate of basic pay payable under section 5376
of that title.
``(B) Non-applicability to certain services.--This
paragraph shall not apply to services under subsection
(j)(1)(A)(iv).
``(7) Volunteer services.--
``(A) In general.--Notwithstanding section 1342 of title
31, United States Code, the Commission may accept and utilize
the services of volunteers serving without compensation.
``(B) Reimbursement.--The Commission may reimburse such
volunteers for local travel and office supplies, and for
other travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code.
``(C) Liability.--
``(i) In general.--Subject to clause (ii), a volunteer
described in subparagraph (A) shall be considered to be a
volunteer for purposes of the Volunteer Protection Act of
1997 (42 U.S.C. 14501 et seq.).
``(ii) Exception.--Section 4(d) of the Volunteer Protection
Act of 1997 (42 U.S.C. 14503(d)) shall not apply for purposes
of a claim against a volunteer described in subparagraph (A).
``(p) Authorization of Appropriations.--There are
authorized to be appropriated such sums as necessary to carry
out this section.''.

SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A
NATIONAL MUSEUM OF THE AMERICAN LATINO.

(a) Establishment of Commission.--
(1) In general.--There is established the Commission to
Study the Potential Creation of a National Museum of the
American Latino (hereafter in this section referred to as the
``Commission'').
(2) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of enactment
of this Act as follows:
(A) The President shall appoint 7 voting members.
(B) The Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate
shall each appoint 3 voting members.
(C) In addition to the members appointed under subparagraph
(B), the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate
shall each appoint 1 nonvoting member.
(3) Qualifications.--Members of the Commission shall be
chosen from among individuals, or representatives of
institutions or entities, who possess either--
(A) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit or cultural
institutions;
(iii) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(iv) experience in studying the issue of the Smithsonian
Institution's representation of American Latino art, life,
history, and culture; or
(v) extensive experience in public or elected service; or
(B) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups
in American history.
(b) Functions of the Commission.--
(1) Plan of action for establishment and maintenance of
museum.--The Commission shall submit a report to the
President and the Congress containing its recommendations
with respect to a plan of action for the

[[Page H2782]]

establishment and maintenance of a National Museum of the
American Latino in Washington, DC (hereafter in this section
referred to as the ``Museum'').
(2) Fundraising plan.--The Commission shall develop a
fundraising plan for supporting the creation and maintenance
of the Museum through contributions by the American people,
and a separate plan on fundraising by the American Latino
community.
(3) Report on issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian
Institution), and submit a report to the President and the
Congress on, the following issues:
(A) The availability and cost of collections to be acquired
and housed in the Museum.
(B) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(C) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of
Fine Arts, the Department of the Interior and Smithsonian
Institution.
(D) Whether the Museum should be located within the
Smithsonian Institution.
(E) The governance and organizational structure from which
the Museum should operate.
(F) How to engage the American Latino community in the
development and design of the Museum.
(G) The cost of constructing, operating, and maintaining
the Museum.
(4) Legislation to carry out plan of action.--Based on the
recommendations contained in the report submitted under
paragraph (1) and the report submitted under paragraph (3),
the Commission shall submit for consideration to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on House Administration of
the House of Representatives, the Committee on Rules and
Administration of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate recommendations for a legislative plan of
action to create and construct the Museum.
(5) National conference.--In carrying out its functions
under this section, the Commission may convene a national
conference on the Museum, comprised of individuals committed
to the advancement of American Latino life, art, history, and
culture, not later than 18 months after the commission
members are selected.
(c) Administrative Provisions.--
(1) Facilities and support of department of the interior.--
The Department of the Interior shall provide from funds
appropriated for this purpose administrative services,
facilities, and funds necessary for the performance of the
Commission's functions. These funds shall be made available
prior to any meetings of the Commission.
(2) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government may receive
compensation for each day on which the member is engaged in
the work of the Commission, at a daily rate to be determined
by the Secretary of the Interior.
(3) Travel expenses.--Each member shall be entitled to
travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I
of chapter 57 of title 5, United States Code.
(4) Federal advisory committee act.--The Commission is not
subject to the provisions of the Federal Advisory Committee
Act.
(d) Deadline for Submission of Reports; Termination.--
(1) Deadline.--The Commission shall submit final versions
of the reports and plans required under subsection (b) not
later than 24 months after the date of the Commission's first
meeting.
(2) Termination.--The Commission shall terminate not later
than 30 days after submitting the final versions of reports
and plans pursuant to paragraph (1).
(e) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out the activities of the
Commission $2,100,000 for the first fiscal year beginning
after the date of enactment of this Act and $1,100,000 for
the second fiscal year beginning after the date of enactment
of this Act.

SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL
COMMEMORATION COMMISSION.

(a) Coordination.--Each commission established under this
section shall coordinate with the other respective commission
established under this section to ensure that commemorations
of Henry Hudson, Robert Fulton, and Samuel de Champlain are--
(1) consistent with the plans and programs of the
commemorative commissions established by the States of New
York and Vermont; and
(2) well-organized and successful.
(b) Definitions.--In this section:
(1) Champlain commemoration.--The term ``Champlain
commemoration'' means the commemoration of the 400th
anniversary of the voyage of Samuel de Champlain.
(2) Champlain commission.--The term ``Champlain
Commission'' means the Champlain Quadricentennial
Commemoration Commission established by subsection (c)(1).
(3) Commission.--The term ``Commission'' means each of the
Champlain Commission and the Hudson-Fulton Commission.
(4) Hudson-fulton commemoration.--The term ``Hudson-Fulton
commemoration'' means the commemoration of--
(A) the 200th anniversary of the voyage of Robert Fulton in
the Clermont; and
(B) the 400th anniversary of the voyage of Henry Hudson in
the Half Moon.
(5) Hudson-fulton commission.--The term ``Hudson-Fulton
Commission'' means the Hudson-Fulton 400th Commemoration
Commission established by subsection (d)(1).
(6) Lake champlain basin program.--The term ``Lake
Champlain Basin Program'' means the partnership established
by section 120 of the Federal Water Pollution Control Act (33
U.S.C. 1270) between the States of New York and Vermont and
Federal agencies to carry out the Lake Champlain management
plan entitled, ``Opportunities for Action: An Evolving Plan
for the Lake Champlain Basin''.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Champlain Commission.--
(1) In general.--There is established a commission to be
known as the ``Champlain Quadricentennial Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Champlain Commission shall be
composed of 10 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 4 members shall be appointed by the Secretary from
among individuals who, on the date of enactment of this Act,
are--

(I) serving as members of the Hudson-Fulton-Champlain
Quadricentennial Commission of the State of New York; and
(II) residents of Champlain Valley, New York;

(iii) 4 members shall be appointed by the Secretary from
among individuals who, on the date of enactment of this Act,
are--

(I) serving as members of the Lake Champlain
Quadricentennial Commission of the State of Vermont; and
(II) residents of the State of Vermont; and

(iv) 1 member shall be appointed by the Secretary, and
shall be an individual who has--

(I) an interest in, support for, and expertise appropriate
with respect to, the Champlain commemoration; and
(II) knowledge relating to the history of the Champlain
Valley.

(B) Term; vacancies.--
(i) Term.--A member of the Champlain Commission shall be
appointed for the life of the Champlain Commission.
(ii) Vacancies.--A vacancy on the Champlain Commission
shall be filled in the same manner in which the original
appointment was made.
(3) Duties.--The Champlain Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate the 400th anniversary of the
voyage of Samuel de Champlain, the first European to discover
and explore Lake Champlain;
(B) facilitate activities relating to the Champlain
Quadricentennial throughout the United States;
(C) coordinate the activities of the Champlain Commission
with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the Lake Champlain Basin Program;
(iv) the National Endowment for the Arts; and
(v) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyage of Samuel de
Champlain;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Champlain
commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyage of Samuel de Champlain;
(G) ensure that the Champlain 2009 anniversary provides a
lasting legacy and a long-term public benefit by assisting in
the development of appropriate programs and facilities;
(H) help ensure that the observances of the voyage of
Samuel de Champlain are inclusive and appropriately recognize
the experiences and heritage of all people present when
Samuel de Champlain arrived in the Champlain Valley; and
(I) consult and coordinate with the Lake Champlain Basin
Program and other relevant organizations to plan and develop
programs and activities to commemorate the voyage of Samuel
de Champlain.
(d) Establishment of Hudson-Fulton Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Hudson-Fulton 400th Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Hudson-Fulton Commission shall be
composed of 15 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 1 member shall be appointed by the Secretary, after
considering the recommendation of the Governor of the State
of New York;

[[Page H2783]]

(iii) 6 members shall be appointed by the Secretary, after
considering the recommendations of the Members of the House
of Representatives whose districts encompass the Hudson River
Valley;
(iv) 2 members shall be appointed by the Secretary, after
considering the recommendations of the Members of the Senate
from the State of New York;
(v) 2 members shall be--

(I) appointed by the Secretary; and
(II) individuals who have an interest in, support for, and
expertise appropriate with respect to, the Hudson-Fulton
commemoration, of whom--

(aa) 1 member shall be an individual with expertise in the
Hudson River Valley National Heritage Area; and
(bb) 1 member shall be an individual with expertise in the
State of New York, as it relates to the Hudson-Fulton
commemoration;
(vi) 1 member shall be the Chairperson of a commemorative
commission formed by the State of New York (or the designee
of the Chairperson); and
(vii) 2 members shall be appointed by the Secretary,
after--

(I) considering the recommendation of the Mayor of the city
of New York; and
(II) consulting the Members of the House of Representatives
whose districts encompass the city of New York.

(B) Term; vacancies.--
(i) Term.--A member of the Hudson-Fulton Commission shall
be appointed for the life of the Hudson-Fulton Commission.
(ii) Vacancies.--A vacancy on the Hudson-Fulton Commission
shall be filled in the same manner in which the original
appointment was made.
(3) Duties.--The Hudson-Fulton Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate--
(i) the 400th anniversary of the voyage of Henry Hudson,
the first European to sail up the Hudson River; and
(ii) the 200th anniversary of the voyage of Robert Fulton,
the first person to use steam navigation on a commercial
basis;
(B) facilitate activities relating to the Hudson-Fulton-
Champlain Quadricentennial throughout the United States;
(C) coordinate the activities of the Hudson-Fulton
Commission with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the National Park Service, with respect to the Hudson
River Valley National Heritage Area;
(iv) the American Heritage Rivers Initiative Interagency
Committee established by Executive Order 13061, dated
September 11, 1997;
(v) the National Endowment for the Humanities;
(vi) the National Endowment for the Arts; and
(vii) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyages of Henry
Hudson and Robert Fulton;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Hudson-Fulton
commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyages of Henry Hudson and Robert Fulton;
(G) ensure that the Hudson-Fulton 2009 commemorations
provide a lasting legacy and long-term public benefit by
assisting in the development of appropriate programs and
facilities; and
(H) help ensure that the observances of Henry Hudson are
inclusive and appropriately recognize the experiences and
heritage of all people present when Henry Hudson sailed the
Hudson River.
(e) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of a commission established under this
section have been appointed, the applicable Commission shall
hold an initial meeting.
(2) Meetings.--A commission established under this section
shall meet--
(A) at least twice each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of voting members shall constitute
a quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the Chairperson
and the Vice Chairperson of the Commission on an annual
basis.
(B) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(5) Voting.--A commission established under this section
shall act only on an affirmative vote of a majority of the
voting members of the applicable Commission.
(f) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other
property for aiding or facilitating the work of the
Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines
to be necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize
any member or employee of the Commission to take any action
that the Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure supplies,
services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this section
(except that a contract, lease, or other legal agreement made
or entered into by the Commission shall not extend beyond the
date of termination of the Commission).
(B) Limitation.--The Commission may not purchase real
property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(6) Grants.--
(A) Champlain commission.--The Champlain Commission may
make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Champlain commemoration; and
(ii) to research and scholarly organizations to research,
publish, or distribute information relating to the early
history of the voyage of Samuel de Champlain.
(B) Hudson-fulton commission.--The Hudson-Fulton Commission
may make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Hudson-Fulton commemoration; and
(ii) to research and scholarly organizations to research,
publish, or distribute information relating to the early
history of the voyages of Henry Hudson and Robert Fulton.
(7) Technical assistance.--The Commission shall provide
technical assistance to States, localities, and nonprofit
organizations to further the Champlain commemoration and
Hudson-Fulton commemoration, as applicable.
(8) Coordination and consultation with lake champlain basin
program.--The Champlain Commission shall coordinate and
consult with the Lake Champlain Basin Program to provide
grants and technical assistance under paragraphs (6)(A) and
(7) for the development of activities commemorating the
voyage of Samuel de Champlain.
(g) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in subparagraph (B), a
member of the Commission shall serve without compensation.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(3) Staff.--The Commission may, without regard to the civil
service laws (including regulations), appoint and terminate
an Executive Director and such other additional personnel as
are necessary to enable the Commission to perform the duties
of the Commission.
(4) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Commission may fix the compensation of the Executive
Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the Executive
Director and other personnel shall not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) In general.--At the request of the Commission, the head
of any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this section.
(ii) Civil service status.--The detail of an employee under
clause (i) shall be without interruption or loss of civil
service status or privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed from the
State of New York or the State of Vermont, as appropriate
(including subdivisions of the States); and
(ii) reimburse the State of New York or the State of
Vermont for services of detailed personnel.
(C) Lake champlain basin program employees.--The Champlain
Commission may--
(i) accept the services of personnel detailed from the Lake
Champlain Basin Program; and
(ii) reimburse the Lake Champlain Basin Program for
services of detailed personnel.
(D) Procurement of temporary and intermittent services.--
The Commission may procure temporary and intermittent
services in accordance with section 3109(b) of

[[Page H2784]]

title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule under
section 5316 of that title.
(6) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as
the Commission determines necessary.
(7) Support services.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(8) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Reports.--Not later than September 30, 2010, the
Commission shall submit to the Secretary a report that
contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission; and
(3) the findings and recommendations of the Commission.
(i) Termination of Commissions.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2010.
(2) Transfer of documents and materials.--Before the date
of termination specified in paragraph (1), the Commission
shall transfer all of its documents and materials of the
Commission to the National Archives or another appropriate
Federal entity.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section for each of fiscal years 2008 through
2011--
(A) $500,000 to the Champlain Commission; and
(B) $500,000 to the Hudson-Fulton Commission.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.

SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
MUSEUM OF THE AMERICAN QUILTER'S SOCIETY OF THE
UNITED STATES.

(a) Findings.--Congress finds that--
(1) the Museum of the American Quilter's Society is the
largest quilt museum in the world, with a total of 13,400
square feet of exhibition space and more than 150 quilts
exhibited year-round in its 3 galleries;
(2) the mission of the Museum is to educate the local,
national, and international public about the art, history,
and heritage of quiltmaking;
(3) quilts in the Museum's permanent collection are made by
quilters from 44 of the 50 States and many foreign countries;
(4) the Museum, centrally located in Paducah, Kentucky, and
open to the public year-round, averages 40,000 visitors per
year;
(5) individuals from all 50 States and from more than 25
foreign countries have visited the Museum;
(6) the Museum's Friends, an organization dedicated to
supporting and sustaining the Museum, also has members in all
50 States, with 84 percent of members living more than 60
miles from the Museum;
(7) many members of the Museum's Friends have supported the
Museum annually since the Museum began in 1991;
(8) quilts exhibited in the Museum are representative of
the Nation and its cultures thanks to the wide diversity of
themes and topics, quilts, and quiltmakers; and
(9) the Museum of the American Quilter's Society has
national significance and support.
(b) Sense of Congress.--It is the sense of Congress that
the Museum of the American Quilter's Society, located at 215
Jefferson Street, Paducah, Kentucky, should be designated as
the ``National Quilt Museum of the United States''.

SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
NATIONAL MUSEUM OF WILDLIFE ART OF THE UNITED
STATES.

(a) Findings.--Congress finds that--
(1) the National Museum of Wildlife Art in Jackson,
Wyoming, is devoted to inspiring global recognition of fine
art related to nature and wildlife;
(2) the National Museum of Wildlife Art is an excellent
example of a thematic museum that strives to unify the
humanities and sciences into a coherent body of knowledge
through art;
(3) the National Museum of Wildlife Art, which was founded
in 1987 with a private gift of a collection of art, has grown
in stature and importance and is recognized today as the
world's premier museum of wildlife art;
(4) the National Museum of Wildlife Art is the only public
museum in the United States with the mission of enriching and
inspiring public appreciation and knowledge of fine art,
while exploring the relationship between humanity and nature
by collecting fine art focused on wildlife;
(5) the National Museum of Wildlife Art is housed in an
architecturally significant and award-winning 51,000-square
foot facility that overlooks the 28,000-acre National Elk
Refuge and is adjacent to the Grand Teton National Park;
(6) the National Museum of Wildlife Art is accredited with
the American Association of Museums, continues to grow in
national recognition and importance with members from every
State, and has a Board of Trustees and a National Advisory
Board composed of major benefactors and leaders in the arts
and sciences from throughout the United States;
(7) the permanent collection of the National Museum of
Wildlife Art has grown to more than 3,000 works by important
historic American artists including Edward Hicks, Anna Hyatt
Huntington, Charles M. Russell, William Merritt Chase, and
Alexander Calder, and contemporary American artists,
including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto,
and Jamie Wyeth;
(8) the National Museum of Wildlife Art is a destination
attraction in the Western United States with annual
attendance of 92,000 visitors from all over the world and an
award-winning website that receives more than 10,000 visits
per week;
(9) the National Museum of Wildlife Art seeks to educate a
diverse audience through collecting fine art focused on
wildlife, presenting exceptional exhibitions, providing
community, regional, national, and international outreach,
and presenting extensive educational programming for adults
and children; and
(10) a great opportunity exists to use the invaluable
resources of the National Museum of Wildlife Art to teach the
schoolchildren of the United States, through onsite visits,
traveling exhibits, classroom curriculum, online distance
learning, and other educational initiatives.
(b) Sense of Congress.--It is the sense of Congress that
the National Museum of Wildlife Art, located at 2820 Rungius
Road, Jackson, Wyoming, should be designated as the
``National Museum of Wildlife Art of the United States''.

SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY.

(a) Redesignation.--The Ellis Island Library on the third
floor of the Ellis Island Immigration Museum, located on
Ellis Island in New York Harbor, shall be known and
redesignated as the ``Bob Hope Memorial Library''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Ellis Island Library on the third floor of the Ellis Island
Immigration Museum referred to in subsection (a) shall be
deemed to be a reference to the ``Bob Hope Memorial
Library''.

Subtitle E--Trails and Rivers

SEC. 341. AUTHORIZATION AND ADMINISTRATION OF STAR-SPANGLED
BANNER NATIONAL HISTORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
``(26) Star-spangled banner national historic trail.--
``(A) In general.--The Star-Spangled Banner National
Historic Trail, a trail consisting of water and overland
routes totaling approximately 290 miles, extending from
Tangier Island, Virginia, through southern Maryland, the
District of Columbia, and northern Virginia, in the
Chesapeake Bay, Patuxent River, Potomac River, and north to
the Patapsco River, and Baltimore, Maryland, commemorating
the Chesapeake Campaign of the War of 1812 (including the
British invasion of Washington, District of Columbia, and its
associated feints, and the Battle of Baltimore in summer
1814), as generally depicted on the map titled `Star-Spangled
Banner National Historic Trail', numbered T02/80,000, and
dated June 2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be maintained on file and available for public inspection in
the appropriate offices of the National Park Service.
``(C) Administration.--Subject to subparagraph (E)(ii), the
trail shall be administered by the Secretary of the Interior.
``(D) Land acquisition.--No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the United States for the trail
except with the consent of the owner of the land or interest
in land.
``(E) Public participation.--The Secretary of the Interior
shall--
``(i) encourage communities, owners of land along the
trail, and volunteer trail groups to participate in the
planning, development, and maintenance of the trail; and
``(ii) consult with other affected landowners and Federal,
State, and local agencies in the administration of the trail.
``(F) Interpretation and assistance.--Subject to the
availability of appropriations, the Secretary of the Interior
may provide, to State and local governments and nonprofit
organizations, interpretive programs and services and
technical assistance for use in--
``(i) carrying out preservation and development of the
trail; and
``(ii) providing education relating to the War of 1812
along the trail.''.

SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC
TRAIL, NEBRASKA.

(a) Conveyance Authorized.--The Secretary of the Interior
may convey, without consideration, to the Missouri River
Basin Lewis and Clark Interpretive Trail and Visitor Center
Foundation, Inc. (a 501(c)(3) not-for-profit organization
with operational headquarters at 100 Valmont Drive, Nebraska
City, Nebraska 68410), all right, title, and interest of the
United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels as
generally depicted on the map titled ``Lewis and Clark
National Historic Trail'', numbered 648/80,002, and dated
March 2006.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of the survey and all other

[[Page H2785]]

costs incurred by the Secretary to convey the land shall be
borne by the Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The
conveyance authorized under subsection (a) shall be subject
to the condition that the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc.
use the conveyed land as an historic site and interpretive
center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis
and Clark Interpretive Trail and Visitor Center Foundation,
Inc. determines to discontinue use of the land conveyed under
subsection (a) as an historic site and interpretive center
for the Lewis and Clark National Historic Trail, the Missouri
River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. shall convey lands back to the
Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or the conveyance,
if any, under subsection (d) as the Secretary considers
appropriate to protect the interests of the United States.
Through a written agreement with the Foundation, the National
Park Service shall ensure that the operation of the land
conveyed under subsection (a) is in accordance with National
Park Service standards for preservation, maintenance, and
interpretation.
(f) Authorization of Appropriations.--To assist with the
operation of the historic site and interpretive center, there
is authorized to be appropriated $150,000 per year for a
period not to exceed 10 years.

SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION.

(a) Definitions.--In this section:
(1) Eastern legacy sites.--The term ``Eastern Legacy
sites'' means the sites associated with the preparation or
return phases of the Lewis and Clark expedition, commonly
known as the ``Eastern Legacy'', including sites in Virginia,
the District of Columbia, Maryland, Delaware, Pennsylvania,
West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri,
and Illinois. This includes the routes followed by Meriwether
Lewis and William Clark, whether independently or together.
(2) Trail.--The term ``Trail'' means the Lewis and Clark
National Historic Trail designated by section 5(a)(6) of the
National Trails System Act (16 U.S.C. 1244(a)(6)).
(b) Special Resource Study.--
(1) In general.--The Secretary shall complete a special
resource study of the Eastern Legacy sites to determine--
(A) the suitability and feasibility of adding these sites
to the Trail; and
(B) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(2) Study requirements.--
(A) In general.--The Secretary shall conduct the study in
accordance with section 5(b) of the National Trails System
Act (16 U.S.C. 1244(b)).
(B) Impact on tourism.--In conducting the study, the
Secretary shall analyze the potential impact that the
inclusion of the Eastern Legacy sites is likely to have on
tourist visitation to the western portion of the trail.
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.

SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.

(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the study
of the Eightmile River in the State of Connecticut from its
headwaters downstream to its confluence with the Connecticut
River for potential inclusion in the National Wild and Scenic
Rivers System.
(2) The segments of the Eightmile River covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural
landscape, water quality, watershed hydrology, unique species
and natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river segments
depend on sustaining the integrity and quality of the
Eightmile River watershed;
(B) these resource values are manifest within the entire
watershed; and
(C) the watershed as a whole, including its protection, is
itself intrinsically important to this designation.
(4) The Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ``Eightmile River Watershed
Management Plan''), which establishes objectives, standards,
and action programs that will ensure long-term protection of
the outstanding values of the river and compatible management
of the land and water resources of the Eightmile River and
its watershed, without Federal management of affected lands
not owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the Eightmile River
Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East
Haddam, and Lyme, Connecticut), as well as the Boards of
Selectmen and Land Use Commissions of these towns, voted to
endorse the Eightmile River Watershed Management Plan and to
seek designation of the river as a component of the National
Wild and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted
Public Act 05-18 to endorse the Eightmile River Watershed
Management Plan and to seek designation of the river as a
component of the National Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--Segments of the main
stem and specified tributaries of the Eightmile River in the
State of Connecticut, totaling approximately 25.3 miles, to
be administered by the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its
confluence with the main stem of the Eightmile River, as a
scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with
the confluence of an unnamed stream lying 0.74 miles due east
of the intersection of Hartford Road (State Route 85) and
Round Hill Road to its confluence with the East Branch of the
Eightmile River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the
main stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of
Connecticut designated as components of the National Wild and
Scenic Rivers System by the amendment made by subsection (b)
(in this section referred to as the ``Eightmile River'')
shall be managed in accordance with the Eightmile River
Watershed Management Plan and such amendments to the plan as
the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan
is deemed to satisfy the requirements for a comprehensive
management plan required by section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(d) Committee.--The Secretary of the Interior shall
coordinate the management responsibilities of the Secretary
with regard to the Eightmile River with the Eightmile River
Coordinating Committee, as specified in the Eightmile River
Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the
long-term protection, preservation, and enhancement of the
Eightmile River, the Secretary of the Interior may enter into
cooperative agreements pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e), 1282(b)(1)) with the State of Connecticut, the towns
of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All
cooperative agreements authorized by this subsection shall be
consistent with the Eightmile River Watershed Management Plan
and may include provisions for financial or other assistance
from the United States.
(f) Relation to National Park System.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Eightmile River shall not be administered as
part of the National Park System or be subject to regulations
which govern the National Park System.
(g) Land Management.--The zoning ordinances adopted by the
towns of Salem, East Haddam, and Lyme, Connecticut, in effect
as of December 8, 2005, including provisions for conservation
of floodplains, wetlands, and watercourses associated with
the segments, are deemed to satisfy the standards and
requirements of section 6(c) of the Wild and

[[Page H2786]]

Scenic Rivers Act (16 U.S.C. 1277 (c)). For the purpose of
section 6(c) of that Act, such towns shall be deemed
``villages'' and the provisions of that section, which
prohibit Federal acquisition of lands by condemnation, shall
apply to the segments designated by subsection (b). The
authority of the Secretary to acquire lands for the purposes
of this section shall be limited to acquisition by donation
or acquisition with the consent of the owner thereof, and
shall be subject to the additional criteria set forth in the
Eightmile River Watershed Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries of
the Eightmile River watershed specified in paragraph (2) are
recognized as integral to the protection and enhancement of
the Eightmile River and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar
Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook,
Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook,
Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake
Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale
Brook, Witch Meadow Brook, and all other perennial streams
within the Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section and the amendment made by subsection (b).

Subtitle F--Denali National Park and Alaska Railroad Exchange

SEC. 351. DENALI NATIONAL PARK AND ALASKA RAILROAD
CORPORATION EXCHANGE.

(a) Definitions.--In this section:
(1) Corporation.--The term ``Corporation'' means the Alaska
Railroad Corporation owned by the State of Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Exchange.--
(1) In general.--
(A) Easement expanded.--The Secretary is authorized to
grant to the Alaska Railroad Corporation an exclusive-use
easement on land that is identified by the Secretary within
Denali National Park for the purpose of providing a location
to the Corporation for construction, maintenance, and on-
going operation of track and associated support facilities
for turning railroad trains around near Denali Park Station.
(B) Easement relinquished.--In exchange for the easement
granted in subparagraph (A), the Secretary shall require the
relinquishment of certain portions of the Corporation's
existing exclusive use easement within the boundary of Denali
National Park.
(2) Conditions of the exchange.--
(A) Equal exchange.--The exchange of easements under this
section shall be on an approximately equal-acre basis.
(B) Total acres.--The easement granted under paragraph
(1)(A) shall not exceed 25 acres.
(C) Interests conveyed.--The easement conveyed to the
Alaska Railroad Corporation by the Secretary under this
section shall be under the same terms as the exclusive use
easement granted to the Railroad in Denali National Park in
the Deed for Exclusive Use Easement and Railroad Related
Improvements filed in Book 33, pages 985-994 of the Nenana
Recording District, Alaska, pursuant to the Alaska Railroad
Transfer Act of 1982 (45 U.S.C. 1201 et seq.). The easement
relinquished by the Alaska Railroad Corporation to the United
States under this section shall, with respect to the portion
being exchanged, be the full title and interest received by
the Alaska Railroad in the Deed for Exclusive Use Easement
and Railroad Related Improvements filed in Book 33, pages
985-994 of the Nenana Recording District, Alaska, pursuant to
the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et
seq.).
(D) Costs.--The Alaska Railroad shall pay all costs
associated with the exchange under this section, including
the costs of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of any
surveys, and other reasonable costs.
(E) Land to be part of wilderness.--The land underlying any
easement relinquished to the United States under this section
that is adjacent to designated wilderness is hereby
designated as wilderness and added to the Denali Wilderness,
the boundaries of which are modified accordingly, and shall
be managed in accordance with applicable provisions of the
Wilderness Act (78 Stat. 892) and the Alaska National
Interest Lands Conservation Act of 1980 (94 Stat. 2371).
(F) Other terms and conditions.--The Secretary shall
require any additional terms and conditions under this
section that the Secretary determines to be appropriate to
protect the interests of the United States and of Denali
National Park.

Subtitle G--National Underground Railroad Network to Freedom Amendments

SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES.

(a) In General.--The National Underground Railroad Network
to Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended--
(1) by striking section 3(d);
(2) by striking section 4(d); and
(3) by adding at the end the following:

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

``(a) Amounts.--There are authorized to be appropriated to
carry out this Act $2,500,000 for each fiscal year, to be
allocated as follows:
``(1) $2,000,000 is to be used for the purposes of section
3.
``(2) $500,000 is to be used for the purposes of section 4.
``(b) Restrictions.--No amounts may be appropriated for the
purposes of this Act except to the Secretary for carrying out
the responsibilities of the Secretary as set forth in this
Act.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect at the beginning of the fiscal year
immediately following the date of the enactment of this Act.

Subtitle H--Grand Canyon Subcontractors

SEC. 371. DEFINITIONS.

In this subtitle:
(1) IDIQ.--The term ``IDIQ'' means an Indefinite Deliver/
Indefinite Quantity contract.
(2) Park.--The term ``park'' means Grand Canyon National
Park.
(3) PGI.--The term ``PGI'' means Pacific General, Inc.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.

SEC. 372. AUTHORIZATION.

The Secretary is authorized, subject to the appropriation
of such funds as may be necessary, to pay the amount owed to
the subcontractors of PGI for work performed at the park
under an IDIQ with PGI between fiscal years 2002 and 2003,
provided that--
(1) the primary contract between PGI and the National Park
Service is terminated;
(2) the amount owed to the subcontractors is verified;
(3) all reasonable legal avenues or recourse have been
exhausted by the subcontractors to recoup amounts owed
directly from PGI; and
(4) the subcontractors provide a written statement that
payment of the amount verified in paragraph (2) represents
payment in full by the United States for all work performed
at the park under the IDIQ with PGI between fiscal years 2002
and 2003.

TITLE IV--NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

SEC. 401. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``The Journey Through Hallowed Ground National
Heritage Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the
legacy of the American history created along the National
Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, including Native American, Colonial
American, European American, and African American heritage;
(5) to recognize and interpret the effect of the Civil War
on the civilian population of the National Heritage Area
during the war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist
the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the State of West Virginia, and
their units of local government, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural and recreational sites in the
National Heritage Area; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 402. DEFINITIONS.

In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National
Heritage Area established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Journey Through Hallowed
Ground Partnership, a Virginia non-profit, which is hereby
designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

[[Page H2787]]

SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND
NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Journey
Through Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
175-mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil
War Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through
Loudoun County, Virginia, to the Route 15 corridor and
surrounding areas encompassing portions of Loudoun and Prince
William Counties, Virginia, then Fauquier County, Virginia,
portions of Spotsylvania and Madison Counties, Virginia, and
Culpepper, Rappahannock, Orange, and Albemarle Counties,
Virginia.
(2) Map.--The boundaries of the National Heritage Area
shall include all of those lands and interests as generally
depicted on the map titled ``Journey Through Hallowed Ground
National Heritage Area'', numbered P90/80,000, and dated
October 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 404. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business,
or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 405. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 406. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Journey Through Hallowed Ground
Partnership, as the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--

[[Page H2788]]

(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this subtitle affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the
capacity of existing roads or to construct new roads) of any
Federal, State, Tribal, or local agency, or conveys any land
use or other regulatory authority to any local coordinating
entity, including but not necessarily limited to development
and management of energy or water or water-related
infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(b), there are authorized to be appropriated to carry out
this subtitle not more than $1,000,000 for any fiscal year.
Funds so appropriated shall remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more
than $15,000,000 may be appropriated to carry out this
subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this subtitle shall be not
more than 50 percent; the non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.

SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle B--Niagara Falls National Heritage Area

SEC. 421. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the
National Park Service study report entitled ``Niagara
National Heritage Area Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the
natural, scenic, cultural, and historic resources within the
National Heritage Area;
(3) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in
American history and culture, including Native American,
Colonial American, European American, and African American
heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural, and recreational sites in the
National Heritage Area;
(6) to conserve and interpret the history of the
development of hydroelectric power in the United States and
its role in developing the American economy; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 422. DEFINITIONS.

In this subtitle:
(1) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under
this subtitle.
(2) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated pursuant to this
subtitle.
(4) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(5) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area
established in this subtitle.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 423. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Niagara
Falls National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of the area from the western boundary of the town of
Wheatfield, New York, extending to the mouth of the Niagara
River on Lake Ontario, including the city of Niagara Falls,
New York, the villages of Youngstown and Lewiston, New York,
land and water within the boundaries of the Heritage Area in
Niagara County, New York, and any additional thematically
related sites within Erie and Niagara Counties, New York,
that are identified in the management plan developed under
this subtitle.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Niagara
Falls National Heritage Area,'' and numbered P76/80,000 and
dated July, 2006. The map shall be on file and available to
the public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 424. MANAGEMENT PLAN.

[[Page H2789]]

(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business,
or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 425. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 426. LOCAL COORDINATING ENTITY.

(a) Designation.--The local coordinating entity for the
Heritage Area shall be--
(1) for the 5-year period beginning on the date of
enactment of this subtitle, the Commission; and
(2) on expiration of the 5-year period described in
paragraph (1), a private nonprofit or governmental
organization designated by the Commission.
(b) Duties.--To further the purposes of the National
Heritage Area, the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area;
and
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of

[[Page H2790]]

the National Heritage Area and are consistent with the
approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.

(a) Establishment.--There is established within the
Department of the Interior the Niagara Falls National
Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17
members, of whom--
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from
among individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation and
Historic Preservation, the Niagara River Greenway Commission,
the New York Power Authority, the USA Niagara Development
Corporation, and the Niagara Tourism and Convention
Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara
Falls, New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or
natural resource management, conservation, recreation, and
education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary, after
consideration of the recommendation of the 2 members of the
Senate from the State; and
(B) 2 members shall be appointed by the Secretary, after
consideration of the recommendation of the Member of the
House of Representatives whose district encompasses the
National Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for a term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a vacancy on
the Commission shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(B) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment was
made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--
(1) In general.--A majority of the members of the
Commission shall constitute a quorum.
(2) Transaction.--For the transaction of any business or
the exercise of any power of the Commission, the Commission
shall have the power to act by a majority vote of the members
present at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least
quarterly at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the
authorities otherwise granted in this subtitle, the
Commission may--
(1) request and accept from the head of any Federal agency,
on a reimbursable or non-reimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying
out the duties of the Commission;
(2) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties
of the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants,
or donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of
the National Heritage Area, in addition to the duties
otherwise listed in this subtitle, the Commission shall
assist in the transition of the management of the National
Heritage Area from the Commission to the local coordinating
entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(j) Gifts.--For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift or charitable contribution to
the Commission shall be considered to be a charitable
contribution or gift to the United States.
(k) Use of Federal Funds.--Except as provided for the
leasing of administrative facilities under subsection (g)(1),
the Commission may not use Federal funds made available to
the Commission under this subtitle to acquire any real
property or interest in real property.

SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle C--Abraham Lincoln National Heritage Area

SEC. 441. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Feasibility Study of the Proposed Abraham Lincoln National
Heritage Area'' prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;

[[Page H2791]]

(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key periods in the growth
of America, including Native American, Colonial American,
European American, and African American heritage;
(4) to recognize and interpret the distinctive role the
region played in shaping the man who would become the 16th
President of the United States, and how Abraham Lincoln's
life left its traces in the stories, folklore, buildings,
streetscapes, and landscapes of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government,
the private sector, and the local communities in the region
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; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.

SEC. 442. DEFINITIONS.

In this subtitle:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Looking for Lincoln Heritage
Coalition, which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(2) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(3) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area
established in this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Abraham
Lincoln National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of sites as designated by the management plan within a core
area located in Central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles,
Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene,
Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon,
Macoupin, Madison, Mason, McDonough, McLean, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon,
Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and
Woodford counties.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Proposed
Abraham Lincoln National Heritage Area'', and numbered 338/
80,000, and dated July 2007. The map shall be on file and
available to the public in the appropriate offices of the
National Park Service and the local coordinating entity.

SEC. 444. MANAGEMENT PLAN.

[[Page H2792]]

SEC. 445. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 446. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Looking for Lincoln Heritage Coalition, as
the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 449. AUTHORIZATION OF APPROPRIATIONS.

SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle D--Authorization Extensions and Viability Studies

SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.

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 in each of sections 108(a), 209(a), 311(a),
409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by
section 474(9)), and 909(c), by striking ``$10,000,000'' and
inserting ``$15,000,000''.

SEC. 462. EVALUATION AND REPORT.

(a) In General.--For the nine National Heritage Areas
authorized in Division II of the Omnibus Parks and Public
Lands Management Act of 1996, not later than 3 years before
the date on which authority for Federal funding terminates
for each National Heritage Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local management entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National
Heritage Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The report shall include
recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.

Subtitle E--Technical Corrections and Additions

SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.

Title I of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333 as amended
by Public Law 106-176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek
and

[[Page H2793]]

Cabin Creek within Kanawah County, West Virginia, and the
counties that are the subject of the study by the National
Park Service, dated 1993, entitled `A Coal Mining Heritage
Study: Southern West Virginia' conducted pursuant to title VI
of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:

``SEC. 105. ELIGIBLE RESOURCES.

``(a) In General.--The resources eligible for the
assistance under section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage
Area Authority; and
``(2) the resources set forth in appendix D of the study by
the National Park Service, dated 1993, entitled `A Coal
Mining Heritage Study: Southern West Virginia' conducted
pursuant to title VI of Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to
those sites listed as `Conservation Priorities' and
`Important Historic Resources' as depicted on the map
entitled `Study Area: Historic Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows through
``Parks,'' and inserting ``National Coal Heritage Area
Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities, or'' and
inserting ``National Coal Heritage Area Authority or''; and
(4) in section 106(b), by inserting ``not'' before
``meet''.

SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.

Section 403(b) of title IV of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104-333) is amended by inserting ``Butler,'' after
``Beaver,''.

SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.

Section 604(b)(2) of title VI of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 is amended by
adding at the end the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not part of
the Gullah/Geechee Cultural Heritage Corridor.''.

SEC. 474. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR
TECHNICAL CORRECTIONS.

Title VIII of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333) is
amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage
Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the
feasibility study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL
HERITAGE CORRIDOR'' and inserting ``NATIONAL HERITAGE
CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively;
(C) in paragraph (2) (as redesignated by subparagraph (B)),
by striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``807(a)'' and inserting ``805(a)'';
(6) in the heading of section 804, by striking ``CANAL
NATIONAL HERITAGE CORRIDOR'' and inserting ``NATIONAL
HERITAGE CANALWAY'';
(7) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810,
respectively;
(10) in section 805(c)(2) (as redesignated by paragraph
(9)), by striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by paragraph (9))--
(A) in subsection (a)(1), by striking ``Committee'' and
inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by striking
``committee'' and inserting ``secretary'';
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and inserting
``management entity'';
(D) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by paragraph (9)), in
subsection (c) by striking ``Cayohoga Valley National
Recreation Area'' and inserting ``Cayohoga Valley National
Park'';
(13) in section 808 (as redesignated by paragraph (9))--
(A) in subsection (b), by striking ``Committee or''; and
(B) in subsection (c), in the matter before paragraph (1),
by striking ``Committee'' and inserting ``management
entity''; and
(14) in section 809 (as redesignated by paragraph (9)), by
striking ``assistance'' and inserting ``financial
assistance''.

SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION
OF AUTHORIZATION.

Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is
amended as follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive materials,
devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of the
strategic plan shall not require a non-Federal match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.

Subtitle F--Studies

SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop and Pacific Counties (also
known as the North Beach Peninsula); and
(B) areas relating to Native American history, local
history, Euro-American settlement culture, and related
economic activities of the Columbia River within a corridor
along the Columbia River eastward in Clatsop, Pacific,
Columbia, and Wahkiakum Counties.
(b) Columbia-Pacific National Heritage Area Study.--
(1) In general.--The Secretary, in consultation with the
managers of any Federal land within the study area,
appropriate State and local governmental agencies, tribal
governments, and any interested organizations, shall conduct
a study to determine the feasibility of designating the study
area as the Columbia-Pacific National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on 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 local coordinating 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
(H) has a conceptual boundary map that is supported by the
public.
(3) Private property.--In conducting the study required by
this subsection, the Secretary 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 made available to carry out the study, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the findings, conclusions, and recommendations of
the Secretary with respect to the study.

SEC. 482. STUDY OF SITES RELATING TO ABRAHAM LINCOLN IN
KENTUCKY.

(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means a
National Heritage Area in the State to honor Abraham Lincoln.
(2) State.--The term ``State'' means the Commonwealth of
Kentucky.
(3) Study area.--The term ``study area'' means the study
area described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Kentucky Historical Society, other State historical
societies, the State Historic Preservation Officer, State
tourism offices, and other appropriate organizations and
agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as a National
Heritage Area in the State to honor Abraham Lincoln.

[[Page H2794]]

(2) Description of study area.--The study area shall
include--
(A) Boyle, Breckinridge, Fayette, Franklin, Hardin,
Jefferson, Jessamine, Larue, Madison, Mercer, and Washington
Counties in the State; and
(B) the following sites in the State:
(i) The Abraham Lincoln Birthplace National Historic Site.
(ii) The Abraham Lincoln Boyhood Home Unit.
(iii) Downtown Hodgenville, Kentucky, including the Lincoln
Museum and Adolph A. Weinman statue.
(iv) Lincoln Homestead State Park and Mordecai Lincoln
House.
(v) Camp Nelson Heritage Park.
(vi) Farmington Historic Home.
(vii) The Mary Todd Lincoln House.
(viii) Ashland, which is the Henry Clay Estate.
(ix) The Old State Capitol.
(x) The Kentucky Military History Museum.
(xi) The Thomas D. Clark Center for Kentucky History.
(xii) The New State Capitol.
(xiii) Whitehall.
(xiv) Perryville Battlefield State Historic Site.
(xv) The Joseph Holt House.
(xvi) Elizabethtown, Kentucky, including the Lincoln
Heritage House.
(xvii) Lincoln Marriage Temple at Fort Harrod.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and cultural
resources that--
(i) interpret--

(I) the life of Abraham Lincoln; and
(II) the contributions of Abraham Lincoln to the United
States;

(ii) represent distinctive aspects of the heritage of the
United States;
(iii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iv) would be best managed--

(I) through partnerships among public and private entities;
and
(II) by linking diverse and sometimes noncontiguous
resources and active communities;

(B) reflects traditions, customs, beliefs, and historical
events that are a valuable part of the story of the United
States;
(C) provides--
(i) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(ii) outstanding educational opportunities;
(D) contains resources that--
(i) are important to any identified themes of the study
area; and
(ii) retain a degree of integrity capable of supporting
interpretation;
(E) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(i) are involved in the planning of the Heritage Area;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage Area,
including the Federal Government; and
(iii) have demonstrated support for designation of the
Heritage Area;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Heritage Area while
encouraging State and local economic activity; and
(G) has a conceptual boundary map that is supported by the
public.
(c) Report.--Not later than the third fiscal year after the
date on which funds are first made available to carry out
this section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.

TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS

SEC. 501. ALASKA WATER RESOURCES STUDY.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Alaska.
(b) Alaska Water Resources Study.--
(1) Study.--The Secretary, acting through the Commissioner
of Reclamation and the Director of the United States
Geological Survey, where appropriate, and in accordance with
this section and other applicable provisions of law, shall
conduct a study that includes--
(A) a survey of accessible water supplies, including
aquifers, on the Kenai Peninsula and in the Municipality of
Anchorage, the Matanuska-Susitna Borough, the city of
Fairbanks, and the Fairbanks Northstar Borough;
(B) a survey of water treatment needs and technologies,
including desalination, applicable to the water resources of
the State; and
(C) a review of the need for enhancement of the streamflow
information collected by the United States Geological Survey
in the State relating to critical water needs in areas such
as--
(i) infrastructure risks to State transportation;
(ii) flood forecasting;
(iii) resource extraction; and
(iv) fire management.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the results of
the study required by paragraph (1).
(c) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 502. RENEGOTIATION OF PAYMENT SCHEDULE, REDWOOD VALLEY
COUNTY WATER DISTRICT.

Section 15 of Public Law 100-516 (102 Stat. 2573) is
amended--
(1) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) If, as of January 1, 2006, the Secretary of the
Interior and the Redwood Valley County Water District have
not renegotiated the schedule of payment, the District may
enter into such additional non-Federal obligations as are
necessary to finance procurement of dedicated water rights
and improvements necessary to store and convey those rights
to provide for the District's water needs. The Secretary
shall reschedule the payments due under loans numbered 14-06-
200-8423A and 14-06-200-8423A Amendatory and said payments
shall commence when such additional obligations have been
financially satisfied by the District. The date of the
initial payment owed by the District to the United States
shall be regarded as the start of the District's repayment
period and the time upon which any interest shall first be
computed and assessed under section 5 of the Small
Reclamation Projects Act of 1956 (43 U.S.C. 422a et
seq.).''; and
(2) by striking subsection (c).

SEC. 503. AMERICAN RIVER PUMP STATION PROJECT TRANSFER.

(a) Authority To Transfer.--The Secretary of the Interior
(hereafter in this section referred to as the ``Secretary'')
shall transfer ownership of the American River Pump Station
Project located at Auburn, California, which includes the
Pumping Plant, associated facilities, and easements necessary
for permanent operation of the facilities, to the Placer
County Water Agency, in accordance with the terms of Contract
No. 02-LC-20-7790 between the United States and Placer County
Water Agency and the terms and conditions established in this
section.
(b) Federal Costs Nonreimbursable.--Federal costs
associated with construction of the American River Pump
Station Project located at Auburn, California, are
nonreimbursable.
(c) Grant of Real Property Interest.--The Secretary is
authorized to grant title to Placer County Water Agency as
provided in subsection (a) in full satisfaction of the United
States' obligations under Land Purchase Contract 14-06-859-
308 to provide a water supply to the Placer County Water
Agency.
(d) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities
pursuant to this section, the Secretary shall comply with all
applicable requirements under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) any other law applicable to the land and facilities.
(2) Effect.--Nothing in this section modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(e) Release From Liability.--Effective on the date of
transfer to the Placer County Water Agency of any land or
facility under this section, the United States shall not be
liable for damages arising out of any act, omission, or
occurrence relating to the land and facilities, consistent
with Article 9 of Contract No. 02-LC-20-7790 between the
United States and Placer County Water Agency.

SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT.

(a) Findings.--Congress finds the following:
(1) Arthur V. Watkins Dam is a feature of the Weber Basin
Project, which was authorized by law on August 29, 1949.
(2) Increasing the height of Arthur V. Watkins Dam and
construction of pertinent facilities may provide additional
storage capacity for the development of additional water
supply for the Weber Basin Project for uses of municipal and
industrial water supply, flood control, fish and wildlife,
and recreation.
(b) Authorization of Feasibility Study.--The Secretary of
the Interior, acting through the Bureau of Reclamation, is
authorized to conduct a feasibility study on raising the
height of Arthur V. Watkins Dam for the development of
additional storage to meet water supply needs within the
Weber Basin Project area and the Wasatch Front. The
feasibility study shall include such environmental evaluation
as required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and a cost allocation

[[Page H2795]]

as required under the Reclamation Project Act of 1939 (43
U.S.C. 485 et seq.).
(c) Cost Shares.--
(1) Federal share.--The Federal share of the costs of the
study authorized in subsection (b) shall not exceed 50
percent of the total cost of the study.
(2) In-kind contributions.--The Secretary shall accept, as
appropriate, in-kind contributions of goods or services from
the Weber Basin Water Conservancy District. Such goods and
services accepted under this subsection shall be counted as
part of the non-Federal cost share for the study.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $1,000,000 for the
Federal cost share of the study authorized in subsection (b).
(e) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of enactment of this Act.

SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation and
the United States Geological Survey.
(2) State.--The term ``State'' means the State of New
Mexico.
(b) Comprehensive Water Plan Assistance.--
(1) In general.--Upon the request of the Governor of the
State and subject to paragraphs (2) through (6), the
Secretary shall--
(A) provide to the State technical assistance and grants
for the development of comprehensive State water plans;
(B) conduct water resources mapping in the State; and
(C) conduct a comprehensive study of groundwater resources
(including potable, brackish, and saline water resources) in
the State to assess the quantity, quality, and interaction of
groundwater and surface water resources.
(2) Technical assistance.--Technical assistance provided
under paragraph (1) may include--
(A) acquisition of hydrologic data, groundwater
characterization, database development, and data
distribution;
(B) expansion of climate, surface water, and groundwater
monitoring networks;
(C) assessment of existing water resources, surface water
storage, and groundwater storage potential;
(D) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water
management options;
(E) participation in State planning forums and planning
groups;
(F) coordination of Federal water management planning
efforts;
(G) technical review of data, models, planning scenarios,
and water plans developed by the State; and
(H) provision of scientific and technical specialists to
support State and local activities.
(3) Allocation.--In providing grants under paragraph (1),
the Secretary shall, subject to the availability of
appropriations, allocate--
(A) $5,000,000 to develop hydrologic models and acquire
associated equipment for the New Mexico Rio Grande main stem
sections and Rios Pueblo de Taos and Hondo, Rios Nambe,
Pojoaque and Teseque, Rio Chama, and Lower Rio Grande
tributaries;
(B) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(C) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas
Basin, the Gila River, and tributaries;
(D) $4,500,000 for statewide digital orthophotography
mapping; and
(E) such sums as are necessary to carry out additional
projects consistent with paragraph (2).
(4) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the total cost of
any activity carried out using a grant provided under
paragraph (1) shall be 50 percent.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of any in-kind services
that the Secretary determines would contribute substantially
toward the conduct and completion of the activity assisted.
(5) Nonreimbursable basis.--Any assistance or grants
provided to the State under this section shall be made on a
non-reimbursable basis.
(6) Authorized transfers.--On request of the State, the
Secretary shall directly transfer to 1 or more Federal
agencies any amounts made available to the State to carry out
this section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2008 through 2012.
(d) Sunset of Authority.--The authority of the Secretary to
carry out any provisions of this section shall terminate 10
years after the date of enactment of this Act.

SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS AND LANDS OF THE
YAKIMA PROJECT, WASHINGTON.

(a) Conveyance Required.--The Secretary of the Interior
shall convey to the Yakima-Tieton Irrigation District,
located in Yakima County, Washington, all right, title, and
interest of the United States in and to the buildings and
lands of the Yakima Project, Washington, in accordance with
the terms and conditions set forth in the agreement titled
``Agreement Between the United States and the Yakima-Tieton
Irrigation District to Transfer Title to Certain Federally
Owned Buildings and Lands, With Certain Property Rights,
Title, and Interest, to the Yakima-Tieton Irrigation
District'' (Contract No. 5-07-10-L1658).
(b) Liability.--Effective upon the date of conveyance under
this section, 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 conveyed buildings
and lands, except for damages caused by acts of negligence
committed by the United States or by its employees or agents
before the date of conveyance. Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(popularly known as the Federal Tort Claims Act), on the date
of enactment of this Act.
(c) Benefits.--After conveyance of the buildings and lands
to the Yakima-Tieton Irrigation District under this section--
(1) such buildings and lands shall not be considered to be
a part of a Federal reclamation project; and
(2) such irrigation district shall not be eligible to
receive any benefits with respect to any buildings and lands
conveyed, except benefits that would be available to a
similarly situated person with respect to such buildings and
lands that are not part of a Federal reclamation project.
(d) Report.--If the Secretary of the Interior has not
completed the conveyance required under subsection (a) within
12 months after the date of enactment of this Act, the
Secretary shall submit to Congress a report that explains the
reason such conveyance has not been completed and stating the
date by which the conveyance will be completed.

SEC. 507. CONJUNCTIVE USE OF SURFACE AND GROUNDWATER IN JUAB
COUNTY, UTAH.

Section 202(a)(2) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102-575) is amended by
inserting ``Juab,'' after ``Davis,''.

SEC. 508. EARLY REPAYMENT OF A & B IRRIGATION DISTRICT
CONSTRUCTION COSTS.

(a) In General.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within the A & B Irrigation District in the State
(referred to in this section as the ``District'') may repay,
at any time, the construction costs of District project
facilities that are allocated to land of the landowner within
the District.
(b) Applicability of Full-Cost Pricing Limitations.--On
discharge, in full, of the obligation for repayment of all
construction costs described in subsection (a) that are
allocated to all land the landowner owns in the District in
question, the parcels of land shall not be subject to the
ownership and full-cost pricing limitations under 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.), including the Reclamation
Reform Act of 1982 (13 U.S.C. 390aa et seq.).
(c) Certification.--On request of a landowner that has
repaid, in full, the construction costs described in
subsection (a), the Secretary of the Interior shall provide
to the landowner a certificate described in section 213(b)(1)
of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and
the United States; or
(2) modifies any rights, obligations, or relationships
between the District and landowners in the District under
Idaho State law.

SEC. 509. OREGON WATER RESOURCES.

(a) Extension of Participation of Bureau of Reclamation in
Deschutes River Conservancy.--Section 301 of the Oregon
Resource Conservation Act of 1996 (division B of Public Law
104-208; 110 Stat. 3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including
two from irrigated agriculture who actively farm more than
100 acres of irrigated land and are not irrigation district
managers and two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2007 through 2016'';
and
(4) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2007 through 2016''.
(b) Wallowa Lake Dam Rehabilitation Act.--
(1) Definitions.--In this subsection:
(A) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.

[[Page H2796]]

(C) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated
December 2002, and on file with the Bureau of Reclamation.
(2) Authorization to participate in program.--
(A) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental
entities and the Associated Ditch Companies, Incorporated, to
plan, design, and construct facilities needed to implement
the Wallowa Lake Dam Rehabilitation Program.
(B) Conditions.--As a condition of providing funds under
subparagraph (A), the Secretary shall ensure that--
(i) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(ii) the Associated Ditch Companies, Incorporated, agrees
to assume liability for any work performed, or supervised,
with Federal funds provided to it under this subsection; and
(iii) the United States shall not be liable for damages of
any kind arising out of any act, omission, or occurrence
relating to a facility rehabilitated or constructed with
Federal funds provided under this subsection, both while and
after activities are conducted using Federal funds provided
under this subsection.
(C) Cost sharing.--
(i) In general.--The Federal share of the costs of
activities authorized under this subsection shall not exceed
50 percent.
(ii) Exclusions from federal share.--There shall not be
credited against the Federal share of such costs--

(I) any expenditure by the Bonneville Power Administration
in the Wallowa River watershed; and
(II) expenditures made by individual agricultural producers
in any Federal commodity or conservation program.

(D) Compliance with state law.--The Secretary, in carrying
out this subsection, shall comply with applicable Oregon
State water law.
(E) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this subsection.
(F) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation and
maintenance of any facility constructed or rehabilitated
under this subsection.
(3) Relationship to other law.--Activities funded under
this subsection shall not be considered a supplemental or
additional benefit under 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.)).
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to pay the Federal share
of the costs of activities authorized under this subsection
$6,000,000.
(5) Sunset.--The authority of the Secretary to carry out
any provisions of this subsection shall terminate 10 years
after the date of the enactment of this subsection.
(c) Little Butte/Bear Creek Subbasins, Oregon, Water
Resource Study.--
(1) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the
Water for Irrigation, Streams and the Economy Project water
management feasibility study and environmental impact
statement in accordance with the ``Memorandum of Agreement
Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'',
dated July 2, 2004.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this subsection.
(B) Non-federal share.--
(i) In general.--The non-Federal share shall be 50 percent
of the total costs of the Bureau of Reclamation in carrying
out paragraph (1).
(ii) Form.--The non-Federal share required under clause (i)
may be in the form of any in-kind services that the Secretary
of the Interior determines would contribute substantially
toward the conduct and completion of the study and
environmental impact statement required under paragraph (1).
(3) Sunset.--The authority of the Secretary to carry out
any provisions of this subsection shall terminate 10 years
after the date of the enactment of this section.
(d) North Unit Irrigation District.--The Act of August 10,
1954 (68 Stat. 679, chapter 663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:

``SEC. 3. ADDITIONAL TERMS.

``On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the
standards upon which the classification was made are
described in the document entitled ``Land Classification,
North Unit, Deschutes Project, 1953'' which is on file in the
office of the Regional Director, Bureau of Reclamation,
Boise, Idaho, and in the office of the District' and
inserting `The classified irrigable land within the project
comprises 58,902.8 irrigable acres, all of which are
authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time
so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the National
Forests, Parks, Public Land, and Reclamation Projects
Authorization Act of 2007, the annual installment for each
year, for the District, under the Contract, on account of the
District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held
by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall
furnish to the United States certified copies of such decrees
and of all pertinent supporting records.' after `for that
purpose.'.

``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

``The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate
with the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.''.

SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.

(a) Authorization of Study.--Pursuant to reclamation laws,
the Secretary of the Interior, acting through the Bureau of
Reclamation and in consultation and cooperation with the
States of Nebraska, Kansas, and Colorado, may conduct a study
to--
(1) determine the feasibility of implementing a water
supply and conservation project that will--
(A) improve water supply reliability in the Republican
River Basin between Harlan County Lake in Nebraska and
Milford Lake in Kansas, including areas in the counties of
Harlan, Franklin, Webster, and Nuckolls in Nebraska and
Jewel, Republic, Cloud, Washington, and Clay in Kansas (in
this section referred to as the ``Republican River Basin'');
(B) increase the capacity of water storage through
modifications of existing projects or through new projects
that serve areas in the Republican River Basin; and
(C) improve water management efficiency in the Republican
River Basin through conservation and other available means
and, where appropriate, evaluate integrated water resource
management and supply needs in the Republican River Basin;
and
(2) consider appropriate cost-sharing options for
implementation of the project.

[[Page H2797]]

(b) Cost Sharing.--The Federal share of the cost of the
study shall not exceed 50 percent of the total cost of the
study, and shall be nonreimbursable.
(c) Cooperative Agreements.--The Secretary shall undertake
the study through cooperative agreements with the State of
Kansas or Nebraska and other appropriate entities determined
by the Secretary.
(d) Completion and Report.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this
Act, the Secretary of the Interior shall complete the study
and transmit to the Congress a report containing the results
of the study.
(2) Extension.--If the Secretary determines that the study
cannot be completed within the 3-year period beginning on the
date of the enactment of this Act, the Secretary--
(A) shall, at the time of that determination, report to the
Congress on the status of the study, including an estimate of
the date of completion; and
(B) complete the study and transmit to the Congress a
report containing the results of the study by not later than
that date.
(e) Sunset of Authority.--The authority of the Secretary to
carry out any provisions of this section shall terminate 10
years after the date of the enactment of this Act.

SEC. 511. EASTERN MUNICIPAL WATER DISTRICT.

(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) is amended
by adding at the end the following:

``SEC. 1639. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER
SYSTEM PRESSURIZATION AND EXPANSION PROJECT,
CALIFORNIA.

``(a) Authorization.--The Secretary, in cooperation with
the Eastern Municipal Water District, California, may
participate in the design, planning, and construction of
permanent facilities needed to establish operational pressure
zones that will be used to provide recycled water in the
district.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,000,000.
``(e) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section
2 of the Reclamation Projects Authorization and Adjustment
Act of 1992 (43 U.S.C. prec. 371) is amended by inserting
after the item relating to section 1638 the following:

``Sec. 1639. Eastern Municipal Water District Recycled Water System
Pressurization and Expansion Project, California.''.

SEC. 512. BAY AREA REGIONAL WATER RECYCLING PROGRAM.

(a) Project Authorizations.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended
by section 512(a)) is amended by adding at the end the
following:

``SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER
PIPELINE PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Palo Alto, California, and the City of Mountain
View, California, is authorized to participate in the design,
planning, and construction of recycled water distribution
systems.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.

``SEC. 1643. PITTSBURG RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Pittsburg, California, and the Delta Diablo
Sanitation District, is authorized to participate in the
design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,750,000.

``SEC. 1644. ANTIOCH RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Antioch, California, and the Delta Diablo
Sanitation District, is authorized to participate in the
design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,250,000.

``SEC. 1645. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER
PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the North Coast County Water District, is authorized to
participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000.

``SEC. 1646. REDWOOD CITY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Redwood City, California, is authorized to
participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,100,000.

``SEC. 1647. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the South County Regional Wastewater Authority and the Santa
Clara Valley Water District, is authorized to participate in
the design, planning, and construction of recycled water
system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000.

``SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT
FACILITY.

``(a) Authorization.--The Secretary, in cooperation with
the City of San Jose, California, and the Santa Clara Valley
Water District, is authorized to participate in the design,
planning, and construction of recycled water treatment
facilities.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $8,250,000.''.
(2) Conforming amendments.--The table of sections in
section 2 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by
section 512(b)) is amended by inserting after the item
relating to section 1641 the following:

``Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 1643. Pittsburg Recycled Water Project.
``Sec. 1644. Antioch Recycled Water Project.
``Sec. 1645. North Coast County Water District Recycled Water Project.
``Sec. 1646. Redwood City Recycled Water Project.
``Sec. 1647. South Santa Clara County Recycled Water Project.
``Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.''.

(b) San Jose Area Water Reclamation and Reuse Project.--It
is the intent of Congress that a comprehensive water
recycling program for the San Francisco Bay Area include the
San Jose Area water reclamation and reuse program authorized
by section 1607 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h-5).

SEC. 513. BUREAU OF RECLAMATION SITE SECURITY.

(a) Treatment of Capital Costs.--Costs incurred by the
Secretary of the Interior for the physical fortification of
Bureau of Reclamation facilities to satisfy increased post-
September 11, 2001, security needs, including the
construction, modification, upgrade, or replacement of such
facility fortifications, shall be nonreimbursable.
(b) Treatment of Security-Related Operation and Maintenance
Costs.--
(1) Reimbursable costs.--The Secretary of the Interior
shall include no more than $18,900,000 per fiscal year,
indexed each fiscal year after fiscal year 2008 according to
the preceding year's Consumer Price Index, of those costs
incurred for increased levels of guards and patrols,
training, patrols by local and tribal law enforcement
entities, operation, maintenance, and replacement of

[[Page H2798]]

guard and response force equipment, and operation and
maintenance of facility fortifications at Bureau of
Reclamation facilities after the events of September 11,
2001, as reimbursable operation and maintenance costs under
Reclamation law.
(2) Costs collected through water rates.--In the case of
the Central Valley Project of California, site security costs
allocated to irrigation and municipal and industrial water
service in accordance with this section shall be collected by
the Secretary exclusively through inclusion of these costs in
the operation and maintenance water rates.
(c) Transparency and Report to Congress.--
(1) Policies and procedures.--The Secretary is authorized
to develop policies and procedures with project
beneficiaries, consistent with the requirements of paragraphs
(2) and (3), to provide for the payment of the reimbursable
costs described in subsection (b).
(2) Notice.--On identifying a Bureau of Reclamation
facility for a site security measure, the Secretary shall
provide to the project beneficiaries written notice--
(A) describing the need for the site security measure and
the process for identifying and implementing the site
security measure; and
(B) summarizing the administrative and legal requirements
relating to the site security measure.
(3) Consultation.--The Secretary shall--
(A) provide project beneficiaries an opportunity to consult
with the Bureau of Reclamation on the planning, design, and
construction of the site security measure; and
(B) in consultation with project beneficiaries, develop and
provide timeframes for the consultation described in
subparagraph (A).
(4) Response; notice.--Before incurring costs pursuant to
activities described in subsection (b), the Secretary shall
consider cost containment measures recommended by a project
beneficiary that has elected to consult with the Bureau of
Reclamation on such activities. The Secretary shall provide
to the project beneficiary--
(A) a timely written response describing proposed actions,
if any, to address the recommendation; and
(B) notice regarding the costs and status of such
activities on a periodic basis.
(5) Report.--The Secretary shall report annually to the
Natural Resources Committee of the House of Representatives
and the Energy and Natural Resources Committee of the Senate
on site security actions and activities undertaken pursuant
to this Act for each fiscal year. The report shall include a
summary of Federal and non-Federal expenditures for the
fiscal year and information relating to a 5-year planning
horizon for the program, detailed to show pre-September 11,
2001, and post-September 11, 2001, costs for the site
security activities.
(d) Pre-September 11, 2001 Security Cost Levels.--
Reclamation project security costs at the levels of activity
that existed prior to September 11, 2001, shall remain
reimbursable.

SEC. 514. MORE WATER, MORE ENERGY, AND LESS WASTE.

(a) Findings.--The Congress finds that--
(1) development of energy resources, including oil, natural
gas, coalbed methane, and geothermal resources, frequently
results in bringing to the surface water extracted from
underground sources;
(2) some of that produced water is used for irrigation or
other purposes, but most of the water is returned to the
subsurface or otherwise disposed of as waste;
(3) reducing the quantity of produced water returned to the
subsurface and increasing the quantity of produced water that
is made available for irrigation and other uses--
(A) would augment water supplies;
(B) could reduce the costs to energy developers for
disposing of the water; and
(C) in some cases, could increase the efficiency of energy
development activities; and
(4) it is in the national interest--
(A) to limit the quantity of produced water disposed of as
waste;
(B) to optimize the production of energy resources; and
(C) to remove or reduce obstacles to use of produced water
for irrigation or other purposes in ways that will not
adversely affect water quality or the environment.
(b) Purposes.--The purposes of this section are--
(1) to optimize the production of energy resources--
(A) by minimizing the quantity of produced water; and
(B) by facilitating the use of produced water for
irrigation and other purposes without adversely affecting
water quality or the environment; and
(2) to demonstrate means of accomplishing those results.
(c) Definitions.--In this section:
(1) Lower basin state.--The term ``Lower Basin State''
means any of the States of--
(A) Arizona;
(B) California; and
(C) Nevada.
(2) Produced water.--The term ``produced water'' means
water from an underground source that is brought to the
surface as part of the process of exploration for, or
development of--
(A) oil;
(B) natural gas;
(C) coalbed methane; or
(D) any other substance to be used as an energy source.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Upper basin state.--The term ``Upper Basin State''
means any of the States of--
(A) Colorado;
(B) New Mexico;
(C) Utah; and
(D) Wyoming.
(d) Identification of Problems and Solutions.--
(1) Study.--The Secretary shall conduct a study to
identify--
(A) the technical, economic, environmental, and other
obstacles to reducing the quantity of produced water;
(B) the technical, economic, environmental, legal, and
other obstacles to increasing the extent to which produced
water can be used for irrigation and other purposes without
adversely affecting water quality, public health, or the
environment;
(C) the legislative, administrative, and other actions that
could reduce or eliminate the obstacles identified in
subparagraphs (A) and (B); and
(D) the costs and benefits associated with reducing or
eliminating the obstacles identified in subparagraphs (A) and
(B).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the results of
the study under paragraph (1).
(e) Implementation.--
(1) Grants.--Subject to the availability of appropriations,
the Secretary shall provide financial assistance for the
development of facilities, technologies, and processes to
demonstrate the feasibility, effectiveness, and safety of--
(A) optimizing energy resource production by reducing the
quantity of produced water generated; or
(B) increasing the extent to which produced water may be
recovered and made suitable for use for irrigation,
municipal, or industrial uses, or other purposes without
adversely affecting water quality or the environment.
(2) Limitations.--Assistance under this subsection--
(A) shall be provided for--
(i) at least 1 project in each of the Upper Basin States;
and
(ii) at least 1 project in at least 1 of the Lower Basin
States;
(B) shall not exceed $1,000,000 for any project;
(C) shall be used to pay not more than 50 percent of the
total cost of a project;
(D) shall not be used for the operation or maintenance of
any facility; and
(E) may be in addition to assistance provided by the
Federal Government pursuant to other provisions of law.
(f) Consultation, Advice, and Comments.--In carrying out
this section, including in preparing the report under
subsection (d)(2) and establishing criteria to be used in
connection with an award of financial assistance under
subsection (e), the Secretary shall--
(1) consult with the Secretary of Energy, the Administrator
of the Environmental Protection Agency, and appropriate
Governors and local officials;
(2)(A) review any relevant information developed in
connection with research carried out by others, including
research carried out pursuant to subtitle J of title IX of
the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
(B) to the extent the Secretary determines to be advisable,
include that information in the report under subsection
(d)(2);
(3) seek the advice of--
(A) individuals with relevant professional or academic
expertise; and
(B) individuals or representatives of entities with
industrial experience, particularly experience relating to
production of oil, natural gas, coalbed methane, or other
energy resources (including geothermal resources); and
(4) solicit comments and suggestions from the public.
(g) Relation to Other Laws.--Nothing in this section
supersedes, modifies, abrogates, or limits--
(1) the effect of any State law or any interstate authority
or compact relating to--
(A) any use of water; or
(B) the regulation of water quantity or quality; or
(2) the applicability or effect of any Federal law
(including regulations).
(h) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $1,000,000 to carry out subsection (d); and
(2) $7,500,000 to carry out subsection (e).

SEC. 515. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND
PATHFINDER MODIFICATION PROJECT AUTHORIZATION.

(a) Purposes.--The purposes of this section are to
authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the
States, other Federal agencies, and other non-Federal
entities, to continue the cooperative effort among the
Federal and non-Federal entities through the implementation
of the Platte River Recovery Implementation Program for
threatened and endangered species in the

[[Page H2799]]

Central and Lower Platte River Basin without creating Federal
water rights or requiring the grant of water rights to
Federal entities; and
(2) the modification of the Pathfinder Dam and Reservoir,
in accordance with the requirements described in subsection
(c).
(b) Platte River Recovery Implementation Program.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the
Secretary.
(B) First increment.--The term ``First Increment'' means
the first 13 years of the Program.
(C) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(D) Interest in land or water.--The term ``interest in land
or water'' includes a fee title, short- or long-term
easement, lease, or other contractual arrangement that is
determined to be necessary by the Secretary to implement the
land and water components of the Program.
(E) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement.
(F) Project or activity.--The term ``project or activity''
means--
(i) the planning, design, permitting or other compliance
activity, preconstruction activity, construction,
construction management, operation, maintenance, and
replacement of a facility;
(ii) the acquisition of an interest in land or water;
(iii) habitat restoration;
(iv) research and monitoring;
(v) program administration; and
(vi) any other activity that is determined to be necessary
by the Secretary to carry out the Program.
(G) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(H) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
(2) Implementation of program.--
(A) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(i) participate in the Program; and
(ii) carry out any projects and activities that are
designated for implementation during the First Increment.
(B) Authority of secretary.--For purposes of carrying out
this section, the Secretary, in cooperation with the
Governance Committee, may--
(i) enter into agreements and contracts with Federal and
non-Federal entities;
(ii) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(iii) subsequently transfer any interests acquired under
clause (ii); and
(iv) accept or provide grants.
(3) Cost-sharing contributions.--
(A) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(B) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(i) $30,000,000 in non-Federal funds, with the balance of
funds remaining to be contributed to be adjusted for
inflation on October 1 of the year after the date of
enactment of this Act and each October 1 thereafter.
(ii) Credit for contributions of water or land for the
purposes of implementing the Program, as determined to be
appropriate by the Secretary.
(C) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-
Federal share, respectively, in the form of in-kind goods or
services, if the contribution of goods or services is
approved by the Governance Committee, as provided in
Attachment 1 of the Agreement.
(4) Authority to modify program.--The Program may be
modified or amended before the completion of the First
Increment if the Secretary and the States determine that the
modifications are consistent with the purposes of the
Program.
(5) Effect.--
(A) Effect on reclamation laws.--No action carried out
under this subsection shall, with respect to the acreage
limitation provisions of the reclamation laws--
(i) be considered in determining whether a district (as the
term is defined in section 202 of the Reclamation Reform Act
of 1982 (43 U.S.C. 390bb)) has discharged the obligation of
the district to repay the construction cost of project
facilities used to make irrigation water available for
delivery to land in the district;
(ii) serve as the basis for reinstating acreage limitation
provisions in a district that has completed payment of the
construction obligations of the district; or
(iii) serve as the basis for increasing the construction
repayment obligation of the district, which would extend the
period during which the acreage limitation provisions would
apply.
(B) Effect on water rights.--Nothing in this section--
(i) creates Federal water rights; or
(ii) requires the grant of water rights to Federal
entities.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out projects and activities under this subsection
$157,140,000, as adjusted under subparagraph (C).
(B) Nonreimbursable federal expenditures.--Any amounts
expended under subparagraph (A) shall be considered to be
nonreimbursable Federal expenditures.
(C) Adjustment.--The balance of funds remaining to be
appropriated shall be adjusted for inflation on October 1 of
the year after the date of enactment of this Act and each
October 1 thereafter.
(D) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made
available under subparagraph (A) shall be retained for use in
future fiscal years to implement projects and activities
under the Program.
(7) Termination of authority.--The authority for the
Secretary to implement the First Increment shall terminate on
September 30, 2020.
(c) Pathfinder Modification Project.--
(1) Authorization of project.--
(A) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
subsection as the ``Secretary''), may--
(i) modify the Pathfinder Dam and Reservoir; and
(ii) enter into 1 or more agreements with the State of
Wyoming to implement the Pathfinder Modification Project
(referred to in this subsection as the ``Project''), as
described in Appendix F to the Final Settlement Stipulation
in Nebraska v. Wyoming, 534 U.S. 40 (2001).
(B) Federal appropriations.--No Federal appropriations are
required to modify the Pathfinder Dam under this paragraph.
(2) Authorized uses of pathfinder reservoir.--Provided that
all of the conditions described in paragraph (3) are first
met, the approximately 54,000 acre-feet capacity of
Pathfinder Reservoir, which has been lost to sediment but
will be recaptured by the Project, may be used for municipal,
environmental, and other purposes, as described in Appendix F
to the Final Settlement Stipulation in Nebraska v. Wyoming,
534 U.S. 40 (2001).
(3) Conditions precedent.--The actions and water uses
authorized in paragraphs (1)(A)(i) and (2) shall not occur
until each of the following actions have been completed:
(A) Final approval from the Wyoming legislature for the
export of Project water to the State of Nebraska under the
laws (including regulations) of the State of Wyoming.
(B) Final approval in a change of water use proceeding
under the laws (including regulations) of the State of
Wyoming for all new uses planned for Project water. Final
approval, as used in this subparagraph, includes exhaustion
of any available review under State law of any administrative
action authorizing the change of the Pathfinder Reservoir
water right.

SEC. 516. CENTRAL OKLAHOMA MASTER CONSERVATORY DISTRICT
FEASIBILITY STUDY.

(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
section as the ``Secretary''), shall--
(A) conduct a feasibility study of alternatives to augment
the water supplies of--
(i) the Central Oklahoma Master Conservatory District
(referred to in this section as the ``District)''; and
(ii) cities served by the District;
(2) Inclusions.--The study under paragraph (1) shall
include recommendations of the Secretary, if any, relating to
the alternatives studied.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total costs of
the study under subsection (a) shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) may be in the form of any in-
kind services that the Secretary determines would contribute
substantially toward the conduct and completion of the study.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to conduct the study
under subsection (a) $900,000.

TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

SEC. 601. ENERGY TECHNOLOGY TRANSFER.

Section 917 of the Energy Policy Act of 2005 (42 U.S.C.
16197) is amended to read as follows:

``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.

``(a) Grants.--Not later than 18 months after the date of
enactment of the National Forests, Parks, Public Land, and
Reclamation Projects Authorization Act of 2008, the Secretary
shall make grants to nonprofit institutions, State and local
governments, cooperative extension services, or institutions
of higher education (or consortia thereof), to establish a
geographically dispersed network of Advanced Energy
Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services
of such Centers. In making awards under this section, the
Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and

[[Page H2800]]

information about advanced energy efficiency methods and
technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
``(A) about a variety of technologies; and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would
significantly expand on or fill a gap in existing programs in
a geographical region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to
encourage demonstration and commercial application of
advanced energy methods and technologies through education
and outreach to building and industrial professionals, and to
other individuals and organizations with an interest in
efficient energy use. Funds awarded under this section may be
used for the following activities:
``(1) Developing and distributing informational materials
on technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy
methods and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in
the dissemination of knowledge and information on
technologies that could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building
heating and cooling systems, for a wide range of energy end-
users.
``(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
``(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this
section shall submit to the Secretary an application in such
form and containing such information as the Secretary may
require. The Secretary may award a grant under this section
to an entity already in existence if the entity is otherwise
eligible under this section. The application shall include,
at a minimum--
``(1) a description of the applicant's outreach program,
and the geographic region it would serve, and of why the
program would be capable of transferring knowledge and
information about advanced energy technologies that increase
efficiency of energy use;
``(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and
of any other organizations that will help facilitate a
regional approach to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic
region to be served;
``(4) an estimate of the number and types of energy end-
users expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants
under this section on the basis of the following criteria, at
a minimum:
``(1) The ability of the applicant to carry out the
proposed activities.
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate,
such as State and local governments, utilities, institutions
of higher education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach
program for carrying out the program described in this
section.
``(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the
Secretary shall require cost-sharing in accordance with the
requirements of section 988 for commercial application
activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
``(2) Initial evaluation.--Each grantee under this section
shall be evaluated during its third year of operation under
procedures established by the Secretary to determine if the
grantee is accomplishing the purposes of this section
described in subsection (a). The Secretary shall terminate
any grant that does not receive a positive evaluation. If an
evaluation is positive, the Secretary may extend the grant
for 3 additional years beyond the original term of the grant.
``(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3
additional years beyond the original extension.
``(4) Limitation.--No grantee may receive more than 11
years of support under this section without reapplying for
support and competing against all other applicants seeking a
grant at that time.
``(g) Prohibition.--None of the funds awarded under this
section may be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods
and technologies that promote energy efficiency and
conservation, including distributed generation technologies,
and life-cycle analysis of energy use.
``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this
section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat
and power, that serves electric consumers at or near the site
of production.
``(4) Cooperative extension.--The term `Cooperative
Extension' means the extension services established at the
land-grant colleges and universities under the Smith-Lever
Act of May 8, 1914.
``(5) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of that
Act); and
``(C) 1994 Institutions (as defined in section 2 of that
Act).
``(i) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated in section
911, there are authorized to be appropriated for the program
under this section such sums as may be appropriated.''.

SEC. 602. AMENDMENTS TO THE STEEL AND ALUMINUM ENERGY
CONSERVATION AND TECHNOLOGY COMPETITIVENESS ACT
OF 1988.

(a) Authorization of Appropriations.--Section 9 of the
Steel and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988 (15 U.S.C. 5108) is amended to
read as follows:

``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Secretary
to carry out this Act $12,000,000 for each of the fiscal
years 2008 through 2012.''.
(b) Steel Project Priorities.--Section 4(c)(1) of the Steel
and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988 (15 U.S.C. 5103(c)(1)) is
amended--
(1) in subparagraph (H), by striking ``coatings for sheet
steels'' and inserting ``sheet and bar steels''; and
(2) by adding at the end the following new subparagraph:
``(K) The development of technologies which reduce
greenhouse gas emissions.''.
(c) Conforming Amendments.--The Steel and Aluminum Energy
Conservation and Technology Competitiveness Act of 1988 is
further amended--
(1) by striking section 7 (15 U.S.C. 5106); and
(2) in section 8 (15 U.S.C. 5107), by inserting ``,
beginning with fiscal year 2008,'' after ``close of each
fiscal year''.

TITLE VII--NORTHERN MARIANA ISLANDS

Subtitle A--Immigration, Security, and Labor

SEC. 701. STATEMENT OF CONGRESSIONAL INTENT.

(a) Immigration and Growth.--In recognition of the need to
ensure uniform adherence to long-standing fundamental
immigration policies of the United States, it is the
intention of the Congress in enacting this subtitle--
(1) to ensure that effective border control procedures are
implemented and observed, and that national security and
homeland security issues are properly addressed, by extending
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to
apply to the Commonwealth of the Northern Mariana Islands
(referred to in this subtitle as the ``Commonwealth''), with
special provisions to allow for--
(A) the orderly phasing-out of the nonresident contract
worker program of the Commonwealth; and
(B) the orderly phasing-in of Federal responsibilities over
immigration in the Commonwealth; and
(2) to minimize, to the greatest extent practicable,
potential adverse economic and fiscal effects of phasing-out
the Commonwealth's nonresident contract worker program and to
maximize the Commonwealth's potential for future economic and
business growth by--
(A) encouraging diversification and growth of the economy
of the Commonwealth in accordance with fundamental values
underlying Federal immigration policy;
(B) recognizing local self-government, as provided for in
the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union With the United States of
America through consultation with the Governor of the
Commonwealth;
(C) assisting the Commonwealth in achieving a progressively
higher standard of living for citizens of the Commonwealth
through the provision of technical and other assistance;
(D) providing opportunities for individuals authorized to
work in the United States, including citizens of the freely
associated states; and

[[Page H2801]]

(E) providing a mechanism for the continued use of alien
workers, to the extent those workers continue to be necessary
to supplement the Commonwealth's resident workforce, and to
protect those workers from the potential for abuse and
exploitation.
(b) Avoiding Adverse Effects.--In recognition of the
Commonwealth's unique economic circumstances, history, and
geographical location, it is the intent of the Congress that
the Commonwealth be given as much flexibility as possible in
maintaining existing businesses and other revenue sources,
and developing new economic opportunities, consistent with
the mandates of this subtitle. This subtitle, and the
amendments made by this subtitle, should be implemented
wherever possible to expand tourism and economic development
in the Commonwealth, including aiding prospective tourists in
gaining access to the Commonwealth's memorials, beaches,
parks, dive sites, and other points of interest.

SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH.

(a) Amendment to Joint Resolution Approving Covenant
Establishing Commonwealth of the Northern Mariana Islands.--
The Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241; 90 Stat. 263), is amended by adding at
the end the following new section:

``SEC. 6. IMMIGRATION AND TRANSITION.

``(a) Application of the Immigration and Nationality Act
and Establishment of a Transition Program.--
``(1) In general.--Subject to paragraphs (2) and (3),
effective on the first day of the first full month commencing
1 year after the date of enactment of the Consolidated
Natural Resources Act of 2008 (hereafter referred to as the
`transition program effective date'), the provisions of the
`immigration laws' (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall
apply to the Commonwealth of the Northern Mariana Islands
(referred to in this section as the `Commonwealth'), except
as otherwise provided in this section.
``(2) Transition period.--There shall be a transition
period beginning on the transition program effective date and
ending on December 31, 2014, except as provided in
subsections (b) and (d), during which the Secretary of
Homeland Security, in consultation with the Secretary of
State, the Attorney General, the Secretary of Labor, and the
Secretary of the Interior, shall establish, administer, and
enforce a transition program to regulate immigration to the
Commonwealth, as provided in this section (hereafter referred
to as the `transition program').
``(3) Delay of commencement of transition period.--
``(A) In general.--The Secretary of Homeland Security, in
the Secretary's sole discretion, in consultation with the
Secretary of the Interior, the Secretary of Labor, the
Secretary of State, the Attorney General, and the Governor of
the Commonwealth, may determine that the transition program
effective date be delayed for a period not to exceed more
than 180 days after such date.
``(B) Congressional notification.--The Secretary of
Homeland Security shall notify the Congress of a
determination under subparagraph (A) not later than 30 days
prior to the transition program effective date.
``(C) Congressional review.--A delay of the transition
program effective date shall not take effect until 30 days
after the date on which the notification under subparagraph
(B) is made.
``(4) Requirement for regulations.--The transition program
shall be implemented pursuant to regulations to be
promulgated, as appropriate, by the head of each agency or
department of the United States having responsibilities under
the transition program.
``(5) Interagency agreements.--The Secretary of Homeland
Security, the Secretary of State, the Secretary of Labor, and
the Secretary of the Interior shall negotiate and implement
agreements among their agencies to identify and assign their
respective duties so as to ensure timely and proper
implementation of the provisions of this section. The
agreements should address, at a minimum, procedures to ensure
that Commonwealth employers have access to adequate labor,
and that tourists, students, retirees, and other visitors
have access to the Commonwealth without unnecessary delay or
impediment. The agreements may also allocate funding between
the respective agencies tasked with various responsibilities
under this section.
``(6) Certain education funding.--In addition to fees
charged pursuant to section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to recover the full costs
of providing adjudication services, the Secretary of Homeland
Security shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is
issued a permit under subsection (d) of this section during
the transition period. Such supplemental fee shall be paid
into the Treasury of the Commonwealth government for the
purpose of funding ongoing vocational educational curricula
and program development by Commonwealth educational entities.
``(7) Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) shall not apply during the
transition period to persons physically present in the
Commonwealth or arriving in the Commonwealth (whether or not
at a designated port of arrival), including persons brought
to the Commonwealth after having been interdicted in
international or United States waters.
``(b) Numerical Limitations for Nonimmigrant Workers.--An
alien, if otherwise qualified, may seek admission to Guam or
to the Commonwealth during the transition program as a
nonimmigrant worker under section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H))
without counting against the numerical limitations set forth
in section 214(g) of such Act (8 U.S.C. 1184(g)). This
subsection does not apply to any employment to be performed
outside of Guam or the Commonwealth. Not later than 3 years
following the transition program effective date, the
Secretary of Homeland Security shall issue a report to the
Committee on Energy and Natural Resources and the Committee
on the Judiciary of the Senate and the Committee on Natural
Resources and the Committee on the Judiciary of the House of
Representatives projecting the number of asylum claims the
Secretary anticipates following the termination of the
transition period, the efforts the Secretary has made to
ensure appropriate interdiction efforts, provide for
appropriate treatment of asylum seekers, and prepare to
accept and adjudicate asylum claims in the Commonwealth.
``(c) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements
in section 101(a)(15)(E) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(E)), during the transition period,
the Secretary of Homeland Security may, upon the application
of an alien, classify an alien as a CNMI-only nonimmigrant
under section 101(a)(15)(E)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth in long-term
investor status under the immigration laws of the
Commonwealth before the transition program effective date;
``(B) has continuously maintained residence in the
Commonwealth under long-term investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that formed
the basis for such long-term investor status.
``(2) Requirement for regulations.--Not later than 60 days
before the transition program effective date, the Secretary
of Homeland Security shall publish regulations in the Federal
Register to implement this subsection.
``(d) Special Provision To Ensure Adequate Employment;
Commonwealth Only Transitional Workers.--An alien who is
seeking to enter the Commonwealth as a nonimmigrant worker
may be admitted to perform work during the transition period
subject to the following requirements:
``(1) Such an alien shall be treated as a nonimmigrant
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), including the ability
to apply, if otherwise eligible, for a change of nonimmigrant
classification under section 248 of such Act (8 U.S.C. 1258)
or adjustment of status under this section and section 245 of
such Act (8 U.S.C. 1255).
``(2) The Secretary of Homeland Security shall establish,
administer, and enforce a system for allocating and
determining the number, terms, and conditions of permits to
be issued to prospective employers for each such nonimmigrant
worker described in this subsection who would not otherwise
be eligible for admission under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.). In adopting and
enforcing this system, the Secretary shall also consider, in
good faith and not later than 30 days after receipt by the
Secretary, any comments and advice submitted by the Governor
of the Commonwealth. This system shall provide for a
reduction in the allocation of permits for such workers on an
annual basisto zero, during a period not to extend beyond
December 31, 2014, unless extended pursuant to paragraph 5 of
this subsection. In no event shall a permit be valid beyond
the expiration of the transition period. This system may be
based on any reasonable method and criteria determined by the
Secretary of Homeland Security to promote the maximum use of,
and to prevent adverse effects on wages and working
conditions of, workers authorized to be employed in the
United States, including lawfully admissible freely
associated state citizen labor. No alien shall be granted
nonimmigrant classification or a visa under this subsection
unless the permit requirements established under this
paragraph have been met.
``(3) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the
transition program, and the Secretary of State shall
authorize the issuance of nonimmigrant visas for such an
alien. Such a visa shall not be valid for admission to the
United States, as defined in section 101(a)(38) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(38)),
except admission to the Commonwealth. An alien admitted to
the Commonwealth on the basis of such a visa shall be
permitted to engage in employment only as authorized pursuant
to the transition program.
``(4) Such an alien shall be permitted to transfer between
employers in the Commonwealth during the period of such
alien's authorized stay therein, without permission of the
employee's current or prior employer, within the alien's
occupational category or another occupational category the
Secretary

[[Page H2802]]

of Homeland Security has found requires alien workers to
supplement the resident workforce.
``(5)(A) Not later than 180 days prior to the expiration of
the transition period, or any extension thereof, the
Secretary of Labor, in consultation with the Secretary of
Homeland Security, the Secretary of Defense, the Secretary of
the Interior, and the Governor of the Commonwealth, shall
ascertain the current and anticipated labor needs of the
Commonwealth and determine whether an extension of up to 5
years of the provisions of this subsection is necessary to
ensure an adequate number of workers will be available for
legitimate businesses in the Commonwealth. For the purpose of
this subparagraph, a business shall not be considered
legitimate if it engages directly or indirectly in
prostitution, trafficking in minors, or any other activity
that is illegal under Federal or local law. The
determinations of whether a business is legitimate and to
what extent, if any, it may require alien workers to
supplement the resident workforce, shall be made by the
Secretary of Homeland Security, in the Secretary's sole
discretion.
``(B) If the Secretary of Labor determines that such an
extension is necessary to ensure an adequate number of
workers for legitimate businesses in the Commonwealth, the
Secretary of Labor may, through notice published in the
Federal Register, provide for an additional extension period
of up to 5 years.
``(C) In making the determination of whether alien workers
are necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, and if so, the
number of such workers that are necessary, the Secretary of
Labor may consider, among other relevant factors--
``(i) government, industry, or independent workforce
studies reporting on the need, or lack thereof, for alien
workers in the Commonwealth's businesses;
``(ii) the unemployment rate of United States citizen
workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the Commonwealth
who have been lawfully admitted for permanent residence;
``(iv) the number of unemployed alien workers in the
Commonwealth;
``(v) any good faith efforts to locate, educate, train, or
otherwise prepare United States citizen residents, lawful
permanent residents, and unemployed alien workers already
within the Commonwealth, to assume those jobs;
``(vi) any available evidence tending to show that United
States citizen residents, lawful permanent residents, and
unemployed alien workers already in the Commonwealth are not
willing to accept jobs of the type offered;
``(vii) the extent to which admittance of alien workers
will affect the compensation, benefits, and living standards
of existing workers within those industries and other
industries authorized to employ alien workers; and
``(viii) the prior use, if any, of alien workers to fill
those industry jobs, and whether the industry requires alien
workers to fill those jobs.
``(6) The Secretary of Homeland Security may authorize the
admission of a spouse or minor child accompanying or
following to join a worker admitted pursuant to this
subsection.
``(e) Persons Lawfully Admitted Under the Commonwealth
Immigration Law.--
``(1) Prohibition on removal.--
``(A) In general.--Subject to subparagraph (B), no alien
who is lawfully present in the Commonwealth pursuant to the
immigration laws of the Commonwealth on the transition
program effective date shall be removed from the United
States on the grounds that such alien's presence in the
Commonwealth is in violation of section 212(a)(6)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)),
until the earlier of the date--
``(i) of the completion of the period of the alien's
admission under the immigration laws of the Commonwealth; or
``(ii) that is 2 years after the transition program
effective date.
``(B) Limitations.--Nothing in this subsection shall be
construed to prevent or limit the removal under subparagraph
212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)) of such an alien at any time, if the alien
entered the Commonwealth after the date of enactment of the
Consolidated Natural Resources Act of 2008, and the Secretary
of Homeland Security has determined that the Government of
the Commonwealth has violated section 702(i) of the
Consolidated Natural Resources Act of 2008.
``(2) Employment authorization.--An alien who is lawfully
present and authorized to be employed in the Commonwealth
pursuant to the immigration laws of the Commonwealth on the
transition program effective date shall be considered
authorized by the Secretary of Homeland Security to be
employed in the Commonwealth until the earlier of the date--
``(A) of expiration of the alien's employment authorization
under the immigration laws of the Commonwealth; or
``(B) that is 2 years after the transition program
effective date.
``(3) Registration.--The Secretary of Homeland Security may
require any alien present in the Commonwealth on or after the
transition period effective date to register with the
Secretary in such a manner, and according to such schedule,
as he may in his discretion require. Paragraphs (1) and (2)
of this subsection shall not apply to any alien who fails to
comply with such registration requirement. Notwithstanding
any other law, the Government of the Commonwealth shall
provide to the Secretary all Commonwealth immigration records
or other information that the Secretary deems necessary to
assist the implementation of this paragraph or other
provisions of the Consolidated Natural Resources Act of 2008.
Nothing in this paragraph shall modify or limit section 262
of the Immigration and Nationality Act (8 U.S.C. 1302) or
other provision of the Immigration and Nationality Act
relating to the registration of aliens.
``(4) Removable aliens.--Except as specifically provided in
paragraph (1)(A) of this subsection, nothing in this
subsection shall prohibit or limit the removal of any alien
who is removable under the Immigration and Nationality Act.
``(5) Prior orders of removal.--The Secretary of Homeland
Security may execute any administratively final order of
exclusion, deportation or removal issued under authority of
the immigration laws of the United States before, on, or
after the transition period effective date, or under
authority of the immigration laws of the Commonwealth before
the transition period effective date, upon any subject of
such order found in the Commonwealth on or after the
transition period effective date, regardless whether the
alien has previously been removed from the United States or
the Commonwealth pursuant to such order.
``(f) Effect on Other Laws.--The provisions of this section
and of the immigration laws, as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), shall, on the transition program effective
date, supersede and replace all laws, provisions, or programs
of the Commonwealth relating to the admission of aliens and
the removal of aliens from the Commonwealth.
``(g) Accrual of Time for Purposes of Section 212(a)(9)(B)
of the Immigration and Nationality Act.--No time that an
alien is present in the Commonwealth in violation of the
immigration laws of the Commonwealth shall be counted for
purposes of inadmissibility under section 212(a)(9)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
``(h) Report on Nonresident Guestworker Population.--The
Secretary of the Interior, in consultation with the Secretary
of Homeland Security, and the Governor of the Commonwealth,
shall report to the Congress not later than 2 years after the
date of enactment of the Consolidated Natural Resources Act
of 2008. The report shall include--
``(1) the number of aliens residing in the Commonwealth;
``(2) a description of the legal status (under Federal law)
of such aliens;
``(3) the number of years each alien has been residing in
the Commonwealth;
``(4) the current and future requirements of the
Commonwealth economy for an alien workforce; and
``(5) such recommendations to the Congress, as the
Secretary may deem appropriate, related to whether or not the
Congress should consider permitting lawfully admitted guest
workers lawfully residing in the Commonwealth on such
enactment date to apply for long-term status under the
immigration and nationality laws of the United States.''.
(b) Waiver of Requirements for Nonimmigrant Visitors.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking ``Guam'' each place such term appears and
inserting ``Guam or the Commonwealth of the Northern Mariana
Islands''; and
(B) by striking ``fifteen'' and inserting ``45'';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by
amending clause (iii) to read as follows:
``(iii) Guam and northern mariana islands visa waiver.--For
provision authorizing waiver of clause (i) in the case of
visitors to Guam or the Commonwealth of the Northern Mariana
Islands, see subsection (l).''; and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read
as follows:
``(l) Guam and Northern Mariana Islands Visa Waiver
Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay in Guam or the Commonwealth of the
Northern Mariana Islands for a period not to exceed 45 days,
if the Secretary of Homeland Security, after consultation
with the Secretary of the Interior, the Secretary of State,
the Governor of Guam and the Governor of the Commonwealth of
the Northern Mariana Islands, determines that--
``(A) an adequate arrival and departure control system has
been developed in Guam and the Commonwealth of the Northern
Mariana Islands; and
``(B) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its
territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived
any right--

[[Page H2803]]

``(A) to review or appeal under this Act an immigration
officer's determination as to the admissibility of the alien
at the port of entry into Guam or the Commonwealth of the
Northern Mariana Islands; or
``(B) to contest, other than on the basis of an application
for withholding of removal under section 241(b)(3) of this
Act or under the Convention Against Torture, or an
application for asylum if permitted under section 208, any
action for removal of the alien.
``(3) Regulations.--All necessary regulations to implement
this subsection shall be promulgated by the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior and the Secretary of State, on or before the 180th
day after the date of enactment of the Consolidated Natural
Resources Act of 2008. The promulgation of such regulations
shall be considered a foreign affairs function for purposes
of section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not necessarily
be limited to--
``(A) a listing of all countries whose nationals may obtain
the waiver also provided by this subsection, except that such
regulations shall provide for a listing of any country from
which the Commonwealth has received a significant economic
benefit from the number of visitors for pleasure within the
one-year period preceding the date of enactment of the
Consolidated Natural Resources Act of 2008, unless the
Secretary of Homeland Security determines that such country's
inclusion on such list would represent a threat to the
welfare, safety, or security of the United States or its
territories; and
``(B) any bonding requirements for nationals of some or all
of those countries who may present an increased risk of
overstays or other potential problems, if different from such
requirements otherwise provided by law for nonimmigrant
visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this subsection to nationals of
any country, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the
Secretary of State, shall consider all factors that the
Secretary deems relevant, including electronic travel
authorizations, procedures for reporting lost and stolen
passports, repatriation of aliens, rates of refusal for
nonimmigrant visitor visas, overstays, exit systems, and
information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and
the Commonwealth of the Northern Mariana Islands under this
subsection. If the Secretary determines that such admissions
have resulted in an unacceptable number of visitors from a
country remaining unlawfully in Guam or the Commonwealth of
the Northern Mariana Islands, unlawfully obtaining entry to
other parts of the United States, or seeking withholding of
removal or asylum, or that visitors from a country pose a
risk to law enforcement or security interests of Guam or the
Commonwealth of the Northern Mariana Islands or of the United
States (including the interest in the enforcement of the
immigration laws of the United States), the Secretary shall
suspend the admission of nationals of such country under this
subsection. The Secretary of Homeland Security may in the
Secretary's discretion suspend the Guam and Northern Mariana
Islands visa waiver program at any time, on a country-by-
country basis, for other good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands
may request the Secretary of the Interior and the Secretary
of Homeland Security to add a particular country to the list
of countries whose nationals may obtain the waiver provided
by this subsection, and the Secretary of Homeland Security
may grant such request after consultation with the Secretary
of the Interior and the Secretary of State, and may
promulgate regulations with respect to the inclusion of that
country and any special requirements the Secretary of
Homeland Security, in the Secretary's sole discretion, may
impose prior to allowing nationals of that country to obtain
the waiver provided by this subsection.''.
(c) Special Nonimmigrant Categories for Guam and the
Commonwealth of the Northern Mariana Islands.--The Governor
of Guam and the Governor of the Commonwealth of the Northern
Mariana Islands (referred to in this subsection as ``CNMI'')
may request that the Secretary of Homeland Security study the
feasibility of creating additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant
visa categories under the Immigration and Nationality Act do
not provide for the type of visitor, the duration of
allowable visit, or other circumstance. The Secretary of
Homeland Security may review such a request, and, after
consultation with the Secretary of State and the Secretary of
the Interior, shall issue a report to the Committee on Energy
and Natural Resources and the Committee on the Judiciary of
the Senate and the Committee on Natural Resources and the
Committee on the Judiciary of the House of Representatives
with respect to the feasibility of creating those additional
Guam or CNMI-only visa categories. Consideration of such
additional Guam or CNMI-only visa categories may include, but
are not limited to, special nonimmigrant statuses for
investors, students, and retirees, but shall not include
nonimmigrant status for the purpose of employment in Guam or
the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of
the Northern Mariana Islands; Guam and Northern Mariana
Islands-Only Visas Not Valid for Entry Into Other Parts of
the United States.--Section 212(d)(7) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(7)) is amended by inserting
``the Commonwealth of the Northern Mariana Islands,'' after
``Guam,''.
(e) Technical Assistance Program.--
(1) In general.--The Secretary of the Interior, in
consultation with the Governor of the Commonwealth, the
Secretary of Labor, and the Secretary of Commerce, and as
provided in the Interagency Agreements required to be
negotiated under section 6(a)(4) of the Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and for
other purposes'', approved March 24, 1976 (Public Law 94-
241), as added by subsection (a), shall provide--
(A) technical assistance and other support to the
Commonwealth to identify opportunities for, and encourage
diversification and growth of, the economy of the
Commonwealth;
(B) technical assistance, including assistance in
recruiting, training, and hiring of workers, to assist
employers in the Commonwealth in securing employees first
from among United States citizens and nationals resident in
the Commonwealth and if an adequate number of such workers
are not available, from among legal permanent residents,
including lawfully admissible citizens of the freely
associated states; and
(C) technical assistance, including assistance to identify
types of jobs needed, identify skills needed to fulfill such
jobs, and assistance to Commonwealth educational entities to
develop curricula for such job skills to include training
teachers and students for such skills.
(2) Consultation.--In providing such technical assistance
under paragraph (1), the Secretaries shall--
(A) consult with the Government of the Commonwealth, local
businesses, regional banks, educational institutions, and
other experts in the economy of the Commonwealth; and
(B) assist in the development and implementation of a
process to identify opportunities for and encourage
diversification and growth of the economy of the Commonwealth
and to identify and encourage opportunities to meet the labor
needs of the Commonwealth.
(3) Cost-sharing.--For the provision of technical
assistance or support under this paragraph (other than that
required to pay the salaries and expenses of Federal
personnel), the Secretary of the Interior shall require a
non-Federal matching contribution of 10 percent.
(f) Operations.--
(1) Establishment.--At any time on and after the date of
enactment of this Act, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor may establish
and maintain offices and other operations in the Commonwealth
for the purpose of carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); and
(B) the transition program established under section 6 of
the Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a).
(2) Personnel.--To the maximum extent practicable and
consistent with the satisfactory performance of assigned
duties under applicable law, the Attorney General, Secretary
of Homeland Security, and the Secretary of Labor shall
recruit and hire personnel from among qualified United States
citizens and national applicants residing in the Commonwealth
to serve as staff in carrying out operations described in
paragraph (1).
(g) Conforming Amendments to Public Law 94-241.--
(1) Amendments.--Public Law 94-241 is amended as follows:
(A) In section 503 of the covenant set forth in section 1,
by striking subsection (a) and redesignating subsections (b)
and (c) as subsections (a) and (b), respectively.
(B) By striking section 506 of the covenant set forth in
section 1.
(C) In section 703(b) of the covenant set forth in section
1, by striking ``quarantine, passport, immigration and
naturalization'' and inserting ``quarantine and passport''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the transition program effective date
described in section 6 of Public Law 94-241 (as added by
subsection (a)).
(h) Reports to Congress.--
(1) In general.--Not later than March 1 of the first year
that is at least 2 full years after the date of enactment of
this subtitle, and annually thereafter, the President shall
submit to the Committee on Energy and Natural Resources and
the Committee on the Judiciary of the Senate and the
Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives a report that
evaluates the overall effect of the transition program
established under section 6 of the Joint Resolution entitled
``A Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America',

[[Page H2804]]

and for other purposes'', approved March 24, 1976 (Public Law
94-241), as added by subsection (a), and the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
(2) Contents.--In addition to other topics otherwise
required to be included under this subtitle or the amendments
made by this subtitle, each report submitted under paragraph
(1) shall include a description of the efforts that have been
undertaken during the period covered by the report to
diversify and strengthen the local economy of the
Commonwealth, including efforts to promote the Commonwealth
as a tourist destination. The report by the President shall
include an estimate for the numbers of nonimmigrant workers
described under section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid
adverse economic effects in Guam and the Commonwealth.
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after
the date of enactment of this Act, to include, at a minimum,
the following items:
(A) An assessment of the implementation of this subtitle
and the amendments made by this subtitle, including an
assessment of the performance of Federal agencies and the
Government of the Commonwealth in meeting congressional
intent.
(B) An assessment of the short-term and long-term impacts
of implementation of this subtitle and the amendments made by
this subtitle on the economy of the Commonwealth, including
its ability to obtain workers to supplement its resident
workforce and to maintain access to its tourists and
customers, and any effect on compliance with United States
treaty obligations mandating non-refoulement for refugees.
(C) An assessment of the economic benefit of the investors
``grandfathered'' under subsection (c) of section 6 of the
Joint Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a), and the
Commonwealth's ability to attract new investors after the
date of enactment of this Act.
(D) An assessment of the number of illegal aliens in the
Commonwealth, including any Federal and Commonwealth efforts
to locate and repatriate them.
(4) Reports by the local government.--The Governor of the
Commonwealth may submit an annual report to the President on
the implementation of this subtitle, and the amendments made
by this subtitle, with recommendations for future changes.
The President shall forward the Governor's report to the
Congress with any Administration comment after an appropriate
period of time for internal review, provided that nothing in
this paragraph shall be construed to require the President to
provide any legislative recommendation to the Congress.
(5) Report on federal personnel and resource
requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security,
after consulting with the Secretary of the Interior and other
departments and agencies as may be deemed necessary, shall
submit a report to the Committee on Natural Resources, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives, and to the
Committee on Energy and Natural Resources, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate, on the current and planned
levels of Transportation Security Administration, United
States Customs and Border Protection, United States
Immigration and Customs Enforcement, United States
Citizenship and Immigration Services, and United States Coast
Guard personnel and resources necessary for fulfilling
mission requirements on Guam and the Commonwealth in a manner
comparable to the level provided at other similar ports of
entry in the United States. In fulfilling this reporting
requirement, the Secretary shall consider and anticipate the
increased requirements due to the proposed realignment of
military forces on Guam and in the Commonwealth and growth in
the tourism sector.
(i) Required Actions Prior to Transition Program Effective
Date.--During the period beginning on the date of enactment
of this Act and ending on the transition program effective
date described in section 6 of Public Law 94-241 (as added by
subsection (a)), the Government of the Commonwealth shall--
(1) not permit an increase in the total number of alien
workers who are present in the Commonwealth as of the date of
enactment of this Act; and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth in the
Memorandum of Agreement entered into between the Commonwealth
of the Northern Mariana Islands and the United States
Department of Interior, Office of Insular Affairs, executed
on September 12, 2003 (which terms and procedures, including
but not limited to funding by the Secretary of the Interior
and performance by the Secretary of Homeland Security of the
duties of ``Protection Consultant'' to the Commonwealth,
shall have effect on and after the date of enactment of this
Act), as well as CNMI Public Law 13-61 and the Immigration
Regulations Establishing a Procedural Mechanism for Persons
Requesting Protection from Refoulement; and
(B) so as not to remove or otherwise effect the involuntary
return of any alien whom the Protection Consultant has
determined to be eligible for protection from persecution or
torture.
(j) Conforming Amendments to the Immigration and
Nationality Act.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(D)(ii), by inserting ``or the
Commonwealth of the Northern Mariana Islands'' after ``Guam''
each time such term appears;
(2) in section 101(a)(36), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(3) in section 101(a)(38), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(4) in section 208, by adding at the end the following:
``(e) Commonwealth of the Northern Mariana Islands.--The
provisions of this section and section 209(b) shall apply to
persons physically present in the Commonwealth of the
Northern Mariana Islands or arriving in the Commonwealth
(whether or not at a designated port of arrival and including
persons who are brought to the Commonwealth after having been
interdicted in international or United States waters) only on
or after January 1, 2014.''; and
(5) in section 235(b)(1), by adding at the end the
following:
``(G) Commonwealth of the northern mariana islands.--
Nothing in this subsection shall be construed to authorize or
require any person described in section 208(e) to be
permitted to apply for asylum under section 208 at any time
before January 1, 2014.''.
(k) Availability of Other Nonimmigrant Professionals.--The
requirements of section 212(m)(6)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a
facility in Guam, the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands.

SEC. 703. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.

Public Law 94-241, as amended, is further amended in
section 4(c)(3) by striking the colon after ``Marshall
Islands'' and inserting the following: ``, except that
$200,000 in fiscal year 2009 and $225,000 annually for fiscal
years 2010 through 2018 are hereby rescinded; Provided, That
the amount rescinded shall be increased by the same
percentage as that of the annual salary and benefit
adjustments for Members of Congress''.

SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 705. EFFECTIVE DATE.

(a) In General.--Except as specifically provided in this
section or otherwise in this subtitle, this subtitle and the
amendments made by this subtitle shall take effect on the
date of enactment of this Act.
(b) Amendments to the Immigration and Nationality Act.--The
amendments to the Immigration and Nationality Act made by
this subtitle, and other provisions of this subtitle applying
the immigration laws (as defined in section 101(a)(17) of
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to
the Commonwealth, shall take effect on the transition program
effective date described in section 6 of Public Law 94-241
(as added by section 702(a)), unless specifically provided
otherwise in this subtitle.
(c) Construction.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed to make
any residence or presence in the Commonwealth before the
transition program effective date described in section 6 of
Public Law 94-241 (as added by section 702(a)) residence or
presence in the United States, except that, for the purpose
only of determining whether an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)))
has abandoned or lost such status by reason of absence
from the United States, such alien's presence in the
Commonwealth before, on, or after the date of enactment of
this Act shall be considered to be presence in the United
States.

Subtitle B--Northern Mariana Islands Delegate

SEC. 711. DELEGATE TO HOUSE OF REPRESENTATIVES FROM
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

The Commonwealth of the Northern Mariana Islands shall be
represented in the United States Congress by the Resident
Representative to the United States authorized by section 901
of the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union With the United States of
America (approved by Public Law 94-241 (48 U.S.C. 1801 et
seq.)). The Resident Representative shall be a nonvoting
Delegate to the House of Representatives, elected as provided
in this subtitle.

SEC. 712. ELECTION OF DELEGATE.

(a) Electors and Time of Election.--The Delegate shall be
elected--
(1) by the people qualified to vote for the popularly
elected officials of the Commonwealth of the Northern Mariana
Islands; and

[[Page H2805]]

(2) at the Federal general election of 2008 and at such
Federal general election every 2d year thereafter.
(b) Manner of Election.--
(1) In general.--The Delegate shall be elected at large and
by a plurality of the votes cast for the office of Delegate.
(2) Effect of establishment of primary elections.--
Notwithstanding paragraph (1), if the Government of the
Commonwealth of the Northern Mariana Islands, acting pursuant
to legislation enacted in accordance with the Constitution of
the Commonwealth of the Northern Mariana Islands, provides
for primary elections for the election of the Delegate, the
Delegate shall be elected by a majority of the votes cast in
any general election for the office of Delegate for which
such primary elections were held.
(c) Vacancy.--In case of a permanent vacancy in the office
of Delegate, the office of Delegate shall remain vacant until
a successor is elected and qualified.
(d) Commencement of Term.--The term of the Delegate shall
commence on the 3d day of January following the date of the
election.

SEC. 713. QUALIFICATIONS FOR OFFICE OF DELEGATE.

To be eligible for the office of Delegate a candidate
shall--
(1) be at least 25 years of age on the date of the
election;
(2) have been a citizen of the United States for at least 7
years prior to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of
the Northern Mariana Islands for at least 7 years prior to
the date of the election;
(4) be qualified to vote in the Commonwealth of the
Northern Mariana Islands on the date of the election; and
(5) not be, on the date of the election, a candidate for
any other office.

SEC. 714. DETERMINATION OF ELECTION PROCEDURE.

Acting pursuant to legislation enacted in accordance with
the Constitution of the Commonwealth of the Northern Mariana
Islands, the Government of the Commonwealth of the Northern
Mariana Islands may determine the order of names on the
ballot for election of Delegate, the method by which a
special election to fill a permanent vacancy in the office of
Delegate shall be conducted, the method by which ties between
candidates for the office of Delegate shall be resolved, and
all other matters of local application pertaining to the
election and the office of Delegate not otherwise expressly
provided for in this subtitle.

SEC. 715. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

Until the Rules of the House of Representatives are amended
to provide otherwise, the Delegate from the Commonwealth of
the Northern Mariana Islands shall receive the same
compensation, allowances, and benefits as a Member of the
House of Representatives, and shall be entitled to whatever
privileges and immunities are, or hereinafter may be, granted
to any other nonvoting Delegate to the House of
Representatives.

SEC. 716. LACK OF EFFECT ON COVENANT.

No provision of this subtitle shall be construed to alter,
amend, or abrogate any provision of the covenant referred to
in section 711 except section 901 of the covenant.

SEC. 717. DEFINITION.

For purposes of this subtitle, the term ``Delegate'' means
the Resident Representative referred to in section 711.

SEC. 718. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO
MILITARY SERVICE ACADEMIES BY DELEGATE FROM THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(a) United States Military Academy.--Section 4342(a)(10) of
title 10, United States Code, is amended by striking
``resident representative'' and inserting ``Delegate in
Congress''.
(b) United States Naval Academy.--Section 6954(a)(10) of
such title is amended by striking ``resident representative''
and inserting ``Delegate in Congress''.
(c) United States Air Force Academy.--Section 9342(a)(10)
of such title is amended by striking ``resident
representative'' and inserting ``Delegate in Congress''.

TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

SEC. 801. APPROVAL OF AGREEMENTS.

(a) In General.--Section 101 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921) is
amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Federated States of Micronesia, as amended
under the Agreement to Amend Article X that was signed by
those two Governments on June 30, 2004, which shall serve as
the authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Republic of the Marshall Islands, as
amended under the Agreement to Amend Article X that was
signed by those two Governments on June 18, 2004, which shall
serve as the authority to implement the provisions thereof''.
(b) Effective Date.--The amendments made by this section
shall be effective as of the date that is 180 days after the
date of enactment of this Act.

SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES.

Unobligated amounts appropriated before the date of
enactment of this Act pursuant to section 105(f)(1)(A)(ii) of
the Compact of Free Association Amendments Act of 2003 shall
be available to both the United States Agency for
International Development and the Federal Emergency
Management Agency to facilitate each agency's activities
under the Federal Programs and Services Agreements.

SEC. 803. CONFORMING AMENDMENT.

(a) In General.--Section 105(f)(1)(A) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(A)) is amended to read as follows:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii), section
221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of
the U.S.-RMI Compact shall each be construed and applied in
accordance with the two Agreements to Amend Article X of the
Federal Programs and Service Agreements signed on June 30,
2004, and on June 18, 2004, respectively, provided that all
activities carried out by the United States Agency for
International Development and the Federal Emergency
Management Agency under Article X of the Federal Programs and
Services Agreements may be carried out notwithstanding any
other provision of law. In the sections referred to in this
clause, the term `United States Agency for International
Development, Office of Foreign Disaster Assistance' shall be
construed to mean `the United States Agency for International
Development'.
``(ii) Definition of will provide funding.--In the second
sentence of paragraph 12 of each of the Agreements described
in clause (i), the term `will provide funding' means will
provide funding through a transfer of funds using Standard
Form 1151 or a similar document or through an interagency,
reimbursable agreement.''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective as of the date that is 180 days after the
date of enactment of this Act.

SEC. 804. CLARIFICATIONS REGARDING PALAU.

Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is
amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of
Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009''; and
(C) by striking ``was'' and inserting ``were''.

SEC. 805. AVAILABILITY OF LEGAL SERVICES.

Section 105(f)(1)(C) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended
by inserting before the period at the end the following: ``,
which shall also continue to be available to the citizens of
the Federated States of Micronesia, the Republic of Palau,
and the Republic of the Marshall Islands who legally reside
in the United States (including territories and
possessions)''.

SEC. 806. TECHNICAL AMENDMENTS.

(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the'' before
``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph (A) of paragraph
(8), by striking ``to include'' and inserting ``and
include'';
(ii) in paragraph (9)(A), by inserting a comma after
``may''; and
(iii) in paragraph (10), by striking ``related to service''
and inserting ``related to such services''; and
(C) in the first sentence of subsection (j), by inserting
``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Federated States of
Micronesia (as provided in section 201(a) of the Compact of
Free Association Amendments Act of 2003 (117 Stat. 2757)) is
amended--
(A) in section 174--
(i) in subsection (a), by striking ``courts'' and inserting
``court''; and
(ii) in subsection (b)(2), by striking ``the'' before
``November'';
(B) in section 177(a), by striking ``, or Palau'' and
inserting ``(or Palau)'';
(C) in section 179(b), by striking ``amended Compact'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free

[[Page H2806]]

Association'' and inserting ``Compact of Free Association, as
amended'';
(ii) in the fifth sentence of subsection (a), by striking
``Trust Fund Agreement,'' and inserting ``Agreement Between
the Government of the United States of America and the
Government of the Federated States of Micronesia Implementing
Section 215 and Section 216 of the Compact, as Amended,
Regarding a Trust Fund (Trust Fund Agreement),'';
(iii) in subsection (b)--

(I) in the first sentence, by striking ``Government of
the'' before ``Federated''; and
(II) in the second sentence, by striking ``Sections 321 and
323 of the Compact of Free Association, as Amended'' and
inserting ``Sections 211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and

(iv) in the last sentence of subsection (d), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in the first sentence of section 215(b), by striking
``subsection(a)'' and inserting ``subsection (a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security''; and
(ii) in the first sentence of subsection (c), by striking
``agreements'' and inserting ``agreement'';
(G) in the second sentence of section 222, by inserting
``in'' after ``referred to'';
(H) in the second sentence of section 232, by striking
``sections 102 (c)'' and all that follows through ``January
14, 1986)'' and inserting ``section 102(b) of Public Law 108-
188, 117 Stat. 2726, December 17, 2003'';
(I) in the second sentence of section 252, by inserting ``,
as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141'' and
inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--

(I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting
``section 1303(b)(6) of the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';

(L) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';
(M) in section 461(h), by striking ``Telecommunications''
and inserting ``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV'' and
inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands (as provided in section 201(b) of the Compact of Free
Association Amendments Act of 2003 (117 Stat. 2795)) is
amended--
(A) in section 174(a), by striking ``court'' and inserting
``courts'';
(B) in section 177(a), by striking the comma before ``(or
Palau)'';
(C) in section 179(b), by striking ``amended Compact,'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free Association'' and inserting
``Compact of Free Association, as amended'';
(ii) in the first sentence of subsection (b), by striking
``Agreement between the Government of the United States and
the Government of the Republic of the Marshall Islands
Regarding Miliary Use and Operating Rights'' and inserting
``Agreement Regarding the Military Use and Operating Rights
of the Government of the United States in the Republic of the
Marshall Islands concluded Pursuant to Sections 321 and 323
of the Compact of Free Association, as Amended (Agreement
between the Government of the United States and the
Government of the Republic of the Marshall Islands Regarding
Military Use and Operating Rights)''; and
(iii) in the last sentence of subsection (e), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1), by striking
``Section 231'' and inserting ``section 231''; and
(ii) in paragraph (5), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security'';
(F) in the second sentence of section 232, by striking
``sections 103(m)'' and all that follows through ``(January
14, 1986)'' and inserting ``section 103(k) of Public Law 108-
188, 117 Stat. 2734, December 17, 2003'';
(G) in the first sentence of section 341, by striking
``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--

(I) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';
(J) in the first sentence of section 443, by inserting ``,
as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of section
461(h)--
(i) by striking ``1978'' and inserting ``1998''; and
(ii) by striking ``Telecommunications'' and inserting
``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.

SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

Section 111(e)(2) of title 17, United States Code, is
amended by striking ``or the Trust Territory of the Pacific
Islands'' and inserting ``the Federated States of Micronesia,
the Republic of Palau, or the Republic of the Marshall
Islands''.

SEC. 808. PALAU ROAD MAINTENANCE.

The Government of the Republic of Palau may deposit the
payment otherwise payable to the Government of the United
States under section 111 of Public Law 101-219 (48 U.S.C.
1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to
section 212 of the Compact of Free Association between the
Government of the United States of America and the Government
of Palau (48 U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the
United States and the Government of the Republic of Palau.

SEC. 809. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.

In the U.S.-RMI Compact, the U.S.-FSM Compact, and their
respective trust fund subsidiary agreements, for the purposes
of taxation by the United States or its subsidiary
jurisdictions, the term ``State'' means ``State, territory,
or the District of Columbia''.

SEC. 810. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
RECIPIENTS.

(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:
(1) Turkey.--To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile frigates
GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship BLACKHAWK
(MHC-58).
(2) Lithuania.--To the Government of Lithuania, the OSPREY
class minehunter coastal ships CORMORANT (MHC-57) and
KINGFISHER (MHC-56).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign recipients on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761),
as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY
class minehunter coastal ships ORIOLE (MHC-55) and FALCON
(MHC-59).
(2) Turkey.--To the Government of Turkey, the OSPREY class
minehunter coastal ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to a recipient on a grant basis pursuant to authority
provided by subsection (a) shall not be counted against the
aggregate value of excess defense articles transferred in any
fiscal year under section 516(g) of the Foreign Assistance
Act of 1961.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed before the vessel joins the naval forces of the
recipient performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 2-
year period beginning on the date of enactment of this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the resolution under consideration.

[[Page H2807]]

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I am pleased to call up this legislation
which is comprised of 61 separate measures that were already considered
by this body, packaged by the Senate, and sent back to us for further
and final consideration. This is a bipartisan package, almost evenly
split between bills sponsored by Democrats and Republicans.
Further, I would note that 57 of the measures included in this
package originated in the Committee on Natural Resources. In this
regard, I salute the committee's Chairs who worked so hard on this
legislation:
Raul Grijalva, chairman of the Subcommittee on National Parks,
Forests and Public Lands; Grace Napolitano, chairwoman of the
Subcommittee on Water and Power, and Donna Christensen, chairwoman of
the Subcommittee on Insular Affairs.
In this body, these three Members did all of the heavy lifting, the
hearings, the managing of the individual bills on the floor, the
listening from other Members of this body that helped to make the
package we are considering today possible.
The pending measures include new protections for wilderness, national
parks, historic sites and trails, and precious water resources from sea
to shining sea.
I will not speak to each and every provision of this legislation
today but would like to highlight two in particular.
This bill will finally designate the long-awaited Wild Sky Wilderness
in Washington State, championed by our colleague, Rick Larsen. As I
noted last week when the House considered wilderness legislation for my
home State of West Virginia, to be in a wilderness area is truly a
humbling experience. To be part of designating the wilderness is even
more humbling because wilderness is an effort to retain the landscape
as God created it. And as with God's good graces, we are working toward
designating new wilderness areas in West Virginia today.
Let this be the next-to-last action, other than the President's
signature, on establishing the Wild Sky Wilderness in the State of
Washington.

{time} 1430

The other measure I would like to highlight would finally bring badly
needed immigration, national security and labor protections for the
Commonwealth of the Northern Mariana Islands. Further, this legislation
would also grant a nonvoting delegate to the U.S. House of
Representatives to the Northern Mariana Islands.
For too long, abuses took place in the CNMI, and for too long
remedial legislation was held hostage in this body. Let this
legislation bring forth a new dawn, the start of a new era with a
delegate to this body, that the people of the CNMI's voices be heard.
Again, I want to thank the gentlelady from the Virgin Islands, the
chairman of the Subcommittee on Insular Affairs, Dr. Donna Christensen,
for her great work on this matter.
There are other issues of note in this bill. It would expand parks in
Maine, Massachusetts, North Carolina, Washington and Idaho. It would
improve visitor transportation options at Denali National Park and
Acadia National Park. And it would expand and increase the
authorization for the National Underground Railroad Network to Freedom.
Three new national heritage areas and nine existing areas will receive
Federal assistance under this measure. Seven other areas will be
examined as possible new park units.
This bill would also authorize Federal participation in new and
expanded water recycling projects around the west, projects which will
provide an estimated 52,600 acre-feet of water annually in an area
experiencing severe drought.
It's a good bill, Mr. Speaker. I urge all Members to vote for this
package.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Senate bill 2739 contains around 62 provisions, and I am
pleased to see that they're finally on their way to the President's
desk. However, this bill is also a testament to the dysfunction of a
certain body on the other side of this Rotunda.
Many of the sections of this bill are unable to stand on their own
and have subsequently been bundled into a $300 million brew to avoid
individual scrutiny. To solve the problem and avoid the discomfort of
saying ``no,'' this omnibus was created with enough prizes that
inevitably the bad will be overlooked and everything, the good, the bad
and the ugly, will be able to cross the finish line.
Many of these provisions were passed by this House last year, so it's
nice to say that finally something is coming out of the Senate, even if
it's coming in this very poor form. But in other ways this bill is also
symbolic of this session. We have wasted time and then glob everything
together and throw it together with one fell swoop without the ability
of scrutinizing it as individual issues, and at the same time miss
essential bills that address critical needs.
This legislation deals with land where energy opportunities do exist,
and yet once again we are moving forward with gas approaching $4 a
gallon. Today, the average price of gasoline in the United States was
$3.61. That's $1.28 for gasoline, $1.57 for diesel, 55 and 59 percent
above what it was at the beginning of the 110th Congress. And still,
with no plan to solve this issue, we pass bills that exacerbate this
conundrum.
This particular bill is full of new designations intended to draw
tourists, but the only sightseeing that's going to be done in this
country will be from the couch watching the Travel Channel if we don't
address our fuel crisis. Every time we pass feel-good natural resource
legislation with warm and fuzzy titles, we must consider the damage
being done to our ability to provide for ourselves. We have locked up
so much of our public land from energy development that we are now
seeing the results at the pump, and these are our priorities.
What else do we do? Our solution is to offer biofuels; in other
words, we want to burn food to power cars. Not only is this immoral, it
is devastating Third World countries now unable to afford food to feed
their starving children. These are our priorities.
We could have used forest mass that's dead every year, it would have
been perfect cellulose for production of energy and at the same time
save our forests from catastrophic fires, but such was specifically
prohibited in the ``no energy'' bill that passed this Congress
recently. So, these are our consequences.
We discussed many of the sections in this bill individually when they
first came to the House floor in 2007. We did it the right way, even if
I disagreed with some of the outcomes we decided. Unfortunately, they
are back without improvements that would have made them palatable.
I don't believe private property rights are adequately protected in
any of the heritage areas in this bill. And I question why the
amendment to protect second amendment rights, which was overwhelmingly
passed on the House floor, was stripped from this package. It is flat
out wrong to have done that. It is almost unfathomable that the Senate
would do such a thing and that we would consider passing this bill with
that significant provision not there. Yet again, the second amendment
and property rights take a back seat to misguided priorities of the
other body.
As I stated earlier, there are a few positives I am pleased to
support. Congressmen Wilson and Brown of South Carolina have worked to
get the ``Swamp Fox'' General Francis Marion Memorial to the President.
I congratulate them. Minority Whip Blunt has labored to authorize the
Newtonia Civil War Battlefields study that we will move today. I thank
him for his fine work. My Resource Committee colleague, Congressman
Louis Gohmert from Texas, has an important study to honor the Space
Shuttle, Columbia, and I'm pleased that this is included in Senate
2739. Resource Committee Ranking Member Don Young has several
provisions that will benefit the country and his constituents in
Alaska, and I thank him for his tireless efforts and advocacy on their
behalf.
Finally, of all the provisions, probably the best one is a dam bill
provision for my congressional district. This

[[Page H2808]]

provision would authorize the Bureau of Reclamation to do a feasibility
study on raising the height of the Arthur V. Watkins Dam in Box Elder
County. And given the shortage of water in the West, by increasing
storage capacity of this vital reservoir, the residents of my
congressional district will have a more secure water supply and water
future.
Having already spent too many hours debating these bills when they
came before us that now make up this legislative Frankenstein, I see no
need to prolong this much longer.
I will reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to a senior member of our
Committee on Natural Resources, Mr. DeFazio from Oregon.
Mr. DeFAZIO. I thank the chairman.
This legislation includes legislation earlier passed by this House,
H.R. 247, endorsed by all the members of the Oregon delegation, to
recognize the Jim Weaver Trail.
In 1964, the original Wilderness Act put a lot of high elevation
Oregon into wilderness, but it left out our precious forests and our
old growth. Ten years later, Oregon's most persistent champion of
wilderness, Jim Weaver, was elected to the United States Congress.
Despite the fact that he represented the largest public timber-
producing district in the country, Jim engaged in a battle over the
next 10 years to set aside some of Oregon's most beautiful forests for
future generations. He engaged in the first fights to preserve old
growth, fights which are continuing to this day.
The Forest Service originally recommended 370,000 acres for
wilderness designation in Oregon. Jim upped the ante a little bit to
1.2 million. He had very, very tough and difficult negotiations with
the Senate, and in the end he and Senator Hatfield were able to settle
on 861,500 acres, not everything Jim wanted, but a tremendous legacy
for our future.
At the very last minute, Jim got Grassy Knob added and Monument Rock
protected. And then one of the toughest things that he had to do, he
was asked by Senator Hatfield did he want Hardesty Mountain or did he
want Waldo. Jim chose Waldo. And so it's extremely appropriate that
this House acts today to name the trail which encompasses pristine
Waldo Lake as the Jim Weaver Trail. And future generations of
Oregonians utilizing that trail will begin to understand the history
and the fight that went into preserving some of their most precious
wildlands, a fight which I'm attempting to continue with wilderness
legislation this year, and a fight with the BLM over their attempts to
harvest the last of our precious old growth.
Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield 5 minutes to
the gentlelady from Illinois (Mrs. Biggert).
Mrs. BIGGERT. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of S. 2739, which includes the
provisions of H.R. 85, a bill called the Energy Technology Transfer Act
that I introduced with my Science and Technology Committee colleague
from North Carolina (Mr. Miller). The House approved our bill by a vote
of 395-1 back in March of last year. And this is so important, Mr.
Speaker, that it is now before this House again, and I appreciate it.
Mr. Speaker, the Federal Government spends billions every year on
energy-related research and development for our universities and
national laboratories. The result is often new technologies that
exponentially reduce our consumption of energy or encourage the use of
alternative fuels and thus reduce our dependence on foreign sources of
energy. But the biggest challenge to realizing these energy savings is
getting these technologies out of the laboratory and into the
marketplace where they can benefit all energy end users. Whether we're
talking about a business owner, a homeowner, a county or local
government officials, these energy end users may be hesitant to embrace
advanced or alternative technologies with which they are not familiar,
have little experience, or which may require new infrastructure.
To help energy end users embrace these new technologies, section 917
of the Energy Policy Act (EPACT) of 2005 directed the Department of
Energy to create a geographically dispersed network of energy
efficiency technology transfer centers to help in this process. This
bill will simply improve that section 917 of EPACT, and instead of
creating from scratch these network centers, H.R. 85 authorizes the DOE
to provide grants to and partner with existing community outreach
networks. These existing networks could include Cooperative Extension
Systems--just like what we have seen with the farms--offices, State
energy offices, local governments, institutions of higher education,
and nonprofit organizations with expertise in energy technologies or
outreach. And so instead of limiting these centers to the transfer of
energy efficiency technologies, it also expands their mission to
include all advanced energy technologies and requires grantees to
provide feedback to DOE on the energy research needs identified by
these energy end users.
I just want to give you one example of what I'm talking about in
Chicago and how this program might work. Before expanding their frozen
pizza production plant in Illinois, Home Run Inn Pizza consulted with
the University of Illinois--Chicago's Energy Resource Center. After
conducting an assessment of the plant and its operations, the UIC
Energy Resource Center identified nine ways that the Home Run Inn Pizza
could reduce their energy consumption and energy costs. Using advanced
energy technologies developed as a result of the DOE-funded research,
Home Run Inn Pizza could reduce natural gas consumption by 15 percent
and electricity consumption by 5 to 6 percent, saving a total of about
$15,000 annually.
So with the enactment of H.R. 85, the UIC Energy Resource Center and
other cooperative extension and community outreach organizations could
add capacity and expertise to help many, many companies, building
managers, homebuilders and homeowners use the technology to save energy
and money.
So the bill represents just a small investment in the tech transfer
capabilities that we need to help our universities and labs move
advanced energy technologies from labs into the market so Americans can
enjoy the tangible benefits of our Federal investment in R&D.
I want to thank my colleague, Mr. Miller from North Carolina, for his
strong interest in tech transfer and for being the lead Democrat on
this bill. I want to thank Chairman Gordon and Ranking Member Hall for
recognizing the value of this bill and moving it through the committee,
Senators Bingaman and Domenici and the Senate Energy and Natural
Resources Committee for approving this bill and including it in S.
2739. Finally, I want to thank the chairman and ranking member of the
Natural Resources Committee and the House Republican and Democrat
leadership for bringing this package of bills to the floor today and I
urge my colleagues to support it.
Mr. RAHALL. Mr. Speaker, I have already commended her profusely, but
I want to once again thank the chairwoman of our Subcommittee on
Insular Affairs, Donna Christensen, from the Virgin Islands for the
hard work and long hours that she has put in on this legislation. I now
yield her 3 minutes.
Mrs. CHRISTENSEN. Thank you, Mr. Chairman, for those kind remarks.
And I am pleased to rise in support of S. 2739, which includes two
bills that I sponsored, H.R. 3079, the CNMI Immigration, Security, and
Labor Act (ISLA), which also includes the NMI Delegate Act, and H.R.
2705, the Compacts of Free Association Amendments Act of 2007. Both
were unanimously passed by this Chamber this year.
ISLA resolves two issues which have been before this Congress for
decades. First, it would extend U.S. immigration laws to the CNMI. And
second, it would authorize a CNMI nonvoting delegate to serve in this
body beginning in the 111th Congress.
For two decades, the CNMI has had local control over immigration
policy, and it has never been represented in this Chamber. For those
unheard voices, for the prosperity of those islands, and for the
security of our Nation, the path should now lead in a different
direction.
ISLA provides the needed policy flexibility to transition immigration
from local to Federal control. It ensures that employers can fill jobs,
residents receive vocational training, nonresident guest workers be
protected,

[[Page H2809]]

the region's economy be diversified, and the Marianas archipelago be
strategically secure.

{time} 1445

H.R. 2705 makes technical corrections to the Compact Agreements of
2003 and ushers in a new disaster assistance regime between FEMA and
USAID for the FAS.
I'm grateful to Chairman Rahall for his commitment to prioritize
issues affecting U.S. territories in the Freely Associated States. I
thank the committee ranking member, Mr. Young, and the subcommittee
ranking member, Mr. Fortuno. I also want to thank the staff of the
subcommittee.
I want to especially acknowledge Mr. Faleomavaega and Ms. Bordallo,
both members of the subcommittee, for traveling with me to the CNMI to
conduct our hearing. They are tireless in their support of the
subcommittee's agenda, and Ms. Bordallo worked closely with me to
ensure that the interests of all the people in the Marianas, as well as
the priorities for our Nation's security, were included in ISLA.
I urge my colleagues to pass S. 2739.
Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield 1\1/2\ minutes
to the gentleman from Virginia (Mr. Wolf).
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Mr. Speaker, first I want to thank the ranking member, Mr.
Bishop, for his fairness as we went through this process. And I want to
thank the chairman, Mr. Rahall, for his leadership in moving this. I am
very, very grateful.
I want to rise in support of this bill, which includes a provision to
establish the Journey Through Hallowed Ground National Heritage Area.
Establishing this heritage area spans 175 miles through four States.
The Journey Through Hallowed Ground winds its way along U.S. Route 15
from Gettysburg, Pennsylvania, to Jefferson's home of Monticello in
Charlottesville, Virginia. Starting as a trail used by the
Susquehannock and Iroquois, America's early history can literally be
traced along this corridor. Jefferson's Monticello, Madison's
Montpellier, Monroe's Oak Hill and Ashlawn Highland, Zachary Taylor's
homes, Eisenhower's cottage, Teddy Roosevelt's cabin, John Marshall's
home, General George Marshall's home, and Camp David are situated along
this route, which is also dotted with numerous Civil War battlefields.
I close with Abraham Lincoln's Gettysburg Address, spoken at the
northern terminus of the Journey Through Hallowed Ground corridor and
signifies the history, and he said:
``We cannot dedicate, we cannot consecrate, we cannot hallow this
ground. The brave men and women, living and dead, who struggled here,
have hallowed it far above our poor power to add or detract.''
I urge my colleagues to support this legislation.
Mr. RAHALL. Mr. Speaker, I want to yield 2 minutes to another of our
subcommittee chairwomen who has put in long hours and very hard work on
this legislation, the chairwoman of the Subcommittee on Fisheries,
Wildlife and Oceans (Ms. Bordallo).
Ms. BORDALLO. I thank Chairman Rahall for yielding to me.
Mr. Speaker, I rise in support of S. 2739, and I urge my colleagues
to vote to pass it and send it to the President's desk. I underscore my
support for subtitle B of title VII of this comprehensive, important
legislation, which provides for the election and the seating of a
delegate representing the Commonwealth of the Northern Mariana Islands.
Mr. Speaker, the people of Guam and the people of the Northern
Marianas are neighbors, and we share a common heritage. This bill is
the product of careful deliberation and bipartisan cooperation. Many
Members have worked diligently to shape it into the form in which it
has arrived on the floor today. And for this reason and for the
leadership brought to bear in drafting the CNMI title and responding to
the concerns and interests of stakeholders on Guam, I want to thank
very much Chairman Nick Rahall and Insular Affairs Subcommittee
Chairwoman Donna Christensen.
The CNMI delegate provision represents the beginning of a stronger
partnership for this body with the people of the Northern Marianas. I
look forward to welcoming a new delegate in this hall and to that day
next January when Members will take the oath with a new colleague
representing the CNMI.
This House has a strong record of affording U.S. territories
representation in Congress. To date, Mr. Speaker, 188 delegates and 32
resident commissioners have served ably in this House over the course
of its history. It is a tradition that dates back to 1790, with the
Northwest Ordinance areas, and today we continue this tradition by
extending a long overdue voice for the people of the Northern Marianas.
The CNMI should be afforded the honor and given the responsibility of
electing a delegate to represent their interests.
This is about democracy and representation. The compelling case for
representation for the CNMI has finally been made. So vote for S. 2739.
Mr. BISHOP of Utah. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to a member of our
Committee on Natural Resources, the gentleman from Washington (Mr.
Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Speaker, I would like to commend this bill for two
reasons.
First, the passage of the Bainbridge Island Japanese American
Monument Act. It is long overdue. We will finally present a monument to
a chapter in American history that should never be a occasioned again.
On March 30, 1942, on Bainbridge Island, Washington, the island where I
live, the United States Army rounded up 227 people living on Bainbridge
Island, put them on a ferry boat, shipped them by trains to a camp in
Manzanar for the duration of the war, totally without legality. And 62
of those people subsequently served in World War II.
Two years ago a 95-year-old woman, Fumiko Hayashida, came to Congress
and testified about the pain that episode caused her and all of
America. And this dedication of a monument on Bainbridge Island will
serve as a monument to all Americans of all future generations that we
should never ever allow the power of fear to overcome the promise of
liberty. This monument will serve to do that.
I want to thank the great work of people on Bainbridge Island: Fumiko
Hayashida, Frank Kitamoto, Clarence Moriwaki; Senator Cantwell and
others who worked on this bill. And I invite all Americans to come see
this monument when it's completed.
I would also like to congratulate my colleague Rick Larsen and
Senator Murray for their incredible work, who really set the model of
how to do wilderness legislation in finally today passing the Wild Sky
Wilderness. I sat on top of Berry Mountain a couple years ago and
looked down, and I want to thank them for their great leadership so
that my grandchild will be able to look down from the top of Berry
Mountain and see the same wilderness; and to their allies, Tom Uniack,
Mike Towns, and Jon Owen, all of who really created a model of how to
do future wildernesses. Thank you very much, Rick and others, and I
congratulate all of us for final passage of these great pieces of work.
Mr. BISHOP of Utah. Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I have commended this gentleman in my
opening remarks because he truly has worked hard over a number of years
for a major part of this package. It is a highlight of the package, and
I yield 2 minutes to the gentleman from Washington (Mr. Larsen) to
explain it.
Mr. LARSEN of Washington. Mr. Speaker, I rise today in support of the
bipartisan Consolidated Natural Resources Act of 2008, which includes
legislation I introduced to create the first new wilderness area in
Washington State in over 20 years. The Wild Sky Wilderness will be
unique, protecting 106,000 acres of pristine forests and streams in my
district, while providing a clean and accessible place to hunt, to
fish, and to hike.
My staff first met on this issue on February 20, 2001, 48 days into
my first term. And now 2,625 or so days later, we are ready to pass the
Wild Sky Wilderness bill as part of the broader bill and send it to the
President's desk.

[[Page H2810]]

The Wild Sky Wilderness Act is a carefully crafted piece of
legislation that reflects years of community input. It will protect the
peaks, the forests, and the lakes of the Mount Baker-Snoqualmie
National Forest, as well as thousands of acres of lower-elevation
forests and salmon-bearing streams.
The bill has been vetted through a 7-year process of hearings,
debate, local town hall meetings. It started out as a much larger bill,
but through a series of compromises and through a process of
inclusiveness, we came up with the bill that now stands before you
today as part of the larger bill. And it would not have been possible
without the help of many people here in Congress and in the Second
District. Large businesses like REI, smaller businesses like a small
bed and breakfast located in Index support this bill. It garners the
support of Democrats and Republicans alike in Washington State. But
deserving special recognition here in Congress are people like Chairman
Nick Rahall and his staff, led by Jim Zoia and Rick Healy. This
proposal went through a 7-year process and is soon to become law as it
goes to the President's desk.
I also want to thank my partner on the Senate side, Senator Patty
Murray. Creating the Wild Sky Wilderness bill would not have been
possible without her hard work and strong leadership in the Senate.
So I ask my colleagues today to support the Consolidated Natural
Resources Act of 2008 and know that when you do that, you will be
helping to create the first wilderness bill for Washington State in
over 20 years. I urge passage of this legislation.
Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield 5 minutes to
the gentleman from Georgia (Mr. Broun).
(Mr. BROUN of Georgia asked and was given permission to revise and
extend his remarks.)
Mr. BROUN of Georgia. ``Whereas, whenever kings, instead of
protecting the lives and property of their subjects, as is their
bounden duty, do endeavor to perpetrate the destruction of either, they
thereby cease to be kings, become tyrants, and dissolve all ties of
allegiance between themselves and their people . . . '' This was stated
by Benjamin Franklin in his preamble to a congressional resolution.
Mr. Speaker, legislation should never attempt to seize land from the
public and restrict its use. Property rights are a central institution
of western civilization, and they're an essential ingredient in
freedom. The Consolidated Natural Resources Act of 2008 is a violation
of the basic principles that our Founding Fathers set out to prevent.
Congress continues to ignore, neglect, disparage, and not understand
its importance.
The Federal Government already owns nearly 650 million acres of land,
half of which experience severe maintenance problems and backlogs. This
legislation threatens recreation, user access, grazing, mining, oil and
gas exploration, and many other public uses. By restricting access to
land for exploration, this legislation is limiting the potential of the
economy and directly interfering with America's entrepreneurial drive.
Do we know for certain that fossil fuels are not contained in these
lands? At a time when gas is nearly $4 a gallon, the very last thing we
should be doing is permanently restricting access to this land.
Government abuse is increasing on all levels, and a vote for S. 2739
is a vote for an increase in the size and scope of government. We must
protect America's right to utilize and to prosper from the land.
John Dickinson, a signer of the Constitution, declared: ``Let these
truths be indelibly impressed on our minds: that we cannot be happy
without being free; that we cannot be free without being secure in our
property; that we cannot be secure in our property if, without our
consent, others may as by right take it away.''
God's Word, the Holy Bible, says: ``In the multitude of words, sin is
not lacking.'' Mr. Speaker, there's a lot of sin in this bill.
Stop increasing government control and regulation of American
property owners and vote ``no'' on S. 2739.
Mr. RAHALL. Mr. Speaker, a simple response to the gentleman who just
spoke. There's no eminent domain authority whatsoever granted in this
legislation.
Mr. Speaker, I yield 2 minutes to the gentleman from Connecticut, a
very valued Member that has worked hard on this bill and has done a
superb job, and I want to commend Mr. Courtney for his leadership and
work on this legislation.

{time} 1500

Mr. COURTNEY. Mr. Speaker, I want to salute Chairman Rahall and
Subcommittee Chairman Grijalva for the hard work that both of these
individuals did to bring this legislation to the floor today. It took
persistent leadership to, again, get 61 measures all here, ready for
vote and final passage and transmittal to the White House.
Included in this bill, section 344, is the language which was
included in H.R. 986 legislation, which we debated and passed last
July, the designation of the Eightmile River in Connecticut, Wild and
Scenic designation. This is an effort that has taken 10 years in the
State of Connecticut. It's a river that is 8 miles long, extends from
East Haddam through Salem, into Lyme, and then to Hamburg Cove on Long
Island Sound.
It is one of the most pristine treasures in a highly densely
populated part of the country, one of the original colonies, where we
respect property rights dearly in the State of Connecticut. Over that
10-year period, a balanced process was followed, which brought
consensus among all the communities, bipartisan support, the Republican
Governor of Connecticut, the entire delegation from Connecticut, and
particularly Senator Dodd, who led the fight in the Senate for passage.
And the communities who have worked so hard to preserve this
extraordinary body of water are, again, anxious and excited to see
final passage, which will take the Eightmile River and make it part of
the family of rivers that have received the Wild and Scenic designation
over the 40 years of that act's existence in this country, 160 rivers.
Again, I want to salute the Resources Committee for the hard work
that they did to make sure that the Eightmile River plan will now
become a reality.
Mr. BISHOP of Utah. I continue to reserve.
Mr. RAHALL. I am prepared to close on this side, Mr. Speaker.
Mr. BISHOP of Utah. Mr. Speaker, this Frankenstein bill that we have
before us has a whole lot of good stuff in it. It also has a whole lot
of bad stuff in there, things that could be cataclysmic consequences to
this particular country.
One of the things that is so sad is the process in which we are
involved. I realize it's regular order, but it's still a sad process.
We have germaneness rules that are very loose. The Senate has
germaneness rules that are even looser. Former Senator Gene McCarthy
said, The Senate has rules, but no one knows what they are so it
doesn't really matter.
Bringing a bill in this pattern with these many provisions over here
is something that would never be allowed in most legislative bodies
within our States. One of the things we should learn as a body is
sometimes it is best if we actually deal with bills on an individual
basis in a timely manner. I realize part of this problem cannot be laid
at the hands of the chairman of our committee because it's actually
dealing with the other body on the other side, which decided to lump
everything together as a big glob and just throw it at us.
At the same time, it should be a lesson for us to learn that if we
really want to reform the system so that we have actual input on bills
in a timely fashion and timely manner, we should have one issue, one
bill, one vote, and plumping everything together is simply poor parts
of legislation. For all the good that is in this bill, and there is
much good, as well as the bad, and there is some bad, it still is the
wrong process that we should be engaged.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as I mentioned in my opening remarks, this is 60-some
pieces of legislation in this bill, and it may not be perfect, but it's
the nature of the beast, as the process is. Of the 60-some measures in
this legislation, 57 that went through our committee on

[[Page H2811]]

Natural Resources were pretty well examined. They weren't just thrown
into this bill without any consideration whatsoever. Either in this
Congress or the previous Congress, these bills have had hearings on
them. I mentioned the subcommittee process that worked its will in our
Committee on Natural Resources. So this bill has had pretty careful
scrutiny.
I'd like to conclude by commending the majority leader of the other
body, Mr. Reid. He has called me on this legislation. It passed through
the other body after a tortuous process. The final vote over there was
91-4. I also want to commend the Chairman of the Energy and Natural
Resources Committee on the other side, Mr. Bingaman, for his work and
his tenacity.
Again, I commend my ranking member, the gentleman from Alaska (Mr.
Young) and the subcommittee ranking member, Mr. Bishop, and the staffs
on both sides of our committee on Natural Resources for the long hours
that they have put in on this legislation. It is indeed, as the process
goes, an excellent piece of legislation, and I am very proud and highly
commend it to my colleagues for passage and on to the President for his
signature.
Mr. UDALL of Colorado, Mr. Speaker, I rise in support of this Senate-
passed bill, and urge that it be passed and sent to the President for
signing into law.
It gathers into one omnibus measure some 60 bills--dealing with
various public land, national park, water, and territorial issues--that
have already been passed by the House but on which the Senate has not
taken separate action. To expedite their consideration, Senator
Bingaman, the Chairman of the other body's Committee on Energy and
Natural Resources, gathered them into one package after most if not all
of them had been favorably reported by that committee and been pending
on the Senate calendar for some time. Each part of the package is
important, but I want to highlight three.

produced water legislation

Section 514, entitled ``More Water, More Energy, Less Waste,'' is
based on my bill, H.R. 902, the ``More Water and More Energy Act,''
which passed the House last year.
Its purpose is to facilitate the use of water produced in connection
with development of energy resources for irrigation and other uses in
ways that will not adversely affect water quality or the environment.
I think there is a possibility that it can help change an energy-
industry problem into an opportunity, not just for oil and gas
producers but for everyone else who would benefit from increased
supplies of useable water. And especially in the arid west, that covers
everyone--not least our hard-pressed ranchers and farmers.
The focus of the section is the underground water extracted in
connection with development of energy sources like oil, natural gas or
coalbed methane. It would do two things:
First, it would direct the Bureau of Reclamation and the USGS to
identify the obstacles to greater use of produced water and how those
obstacles could be reduced or eliminated without adversely affecting
water quality or the environment.
Second, it would provide for Federal help in building pilot plants to
demonstrate ways to treat produced water to make it suitable for
irrigation or other uses, again without adversely affecting water
quality or the environment. At least one of these pilot plants would be
in each of the States in the Upper Basin of the Colorado River--that
is, Colorado, New Mexico, Utah, and Wyoming--and at least one would be
in one of the States in the Colorado River's lower basin--Arizona,
California, and Nevada. This is to assure that, together, the plants
would demonstrate techniques applicable to a variety of geologic and
other conditions. The Federal Government could pay up to half the cost
of building each plant, but no more than $1 million for any one plant.
No Federal funds could be used for operating the plants.
The extent of the potential benefits was shown by the testimony of
Mr. David Templet at a hearing on the similar bill of mine the House
considered in the 109th Congress.
Testifying on behalf of the Domestic Petroleum Council and several
other groups, including the Colorado Oil & Gas Association, he noted
that produced water is the most abundant byproduct associated with the
production of oil and gas, with about 18 billion barrels being
generated by onshore wells in 1995. And he pointed out that if only an
additional 1 percent of that total could be put to beneficial use, the
result would be to make over 75 billion gallons annually available for
use for irrigation or other agriculture, municipal purposes, or to
benefit fish and wildlife.
Now, remember that in the west we usually measure water by the acre-
foot--the amount that would cover an acre to the depth of one foot--and
an acre-foot is about 328,560 gallons, so an additional 75 billion
gallons is more than 230,000 acre feet--more water, indeed.
And at the same time making produced water available for surface
uses, instead of just reinjecting it into the subsurface, can help
increase the production of oil and gas.
At the hearing, this was illustrated by the testimony of Dr. David
Stewart, a registered professional engineer from Colorado. He cited the
example of an oil field in California from which an estimated
additional 150 million barrels of oil could be recovered if water were
removed from the subsurface reservoir. And he pointed out that where
oil recovery is thermally enhanced, a reduced amount of underground
water means less steam--and so less cost--is needed to recover the oil.
The potential for having both more water and more energy is also
illustrated by the example of a project near Wellington, Colorado, that
treats produced water as a new water resource. I had the opportunity to
visit it last year, and found it very interesting. An oil company is
embarking on the project to increase oil production while a separate
company will purchase the produced water to supplement existing
supplies, eventually allowing the town of Wellington and other water
users in the area to have increased water for drinking and other
purposes.
In view of its potential for leading to both ``more water'' and
``more energy'' as well as ``less waste,'' I was pleased but not
surprised that the Administration, through the Interior Department, has
testified that it ``agrees that the goals of the bill are commendable
and the needs that could be addressed are real.'' So, I welcome the
fact that the Senate has followed the lead of the House in approving
this legislation, and I look forward to its enactment.

platte river recovery implementation legislation

Section 515 of this Senate-passed bill is also based on a bill (H.R.
1462) I introduced last year. It will authorize the Interior Department
to participate in the implementation of the Platte River Recovery
Implementation Program for Endangered Species in the Central and Lower
Platte River Basin.
As I said when the House debated that bill, I consider myself
fortunate to have the honor of introducing it, and am gratified that it
was cosponsored by my Colorado colleagues, Representatives DeGette,
Salazar, and Perlmutter, as well as the entire House delegations of our
neighboring States of Wyoming and Nebraska.
Its purpose is to continue a cooperative effort involving the Federal
Government and the States of Colorado, Nebraska, and Wyoming (and other
entities and groups) aimed at recovery of endangered species in ways
that will not involve the creation of Federal water rights or requiring
the grant of water rights to Federal entities. It is the result of 14
years of negotiations that culminated in 2006 when the Governors of
Colorado, Wyoming, and Nebraska joined Secretary Kempthorne in signing
the agreement.
The program is modeled after a somewhat similar program for the
recovery of several endangered species of fish in the upper basin of
the Colorado River. I have strongly supported that program because it
has enabled us in Colorado and other participating States to meet the
requirements of the Endangered Species Act while allowing continued
development and use of water for other purposes as well. While such
arrangements are not easy to work out, I think doing so is far better
than alternative approaches that are more likely to be marked by
conflicts or litigation. So, I think all concerned in the negotiation
of this important agreement are to be congratulated.
The Program has three main elements--(1) increasing stream flows in
the central Platte River during relevant periods through retiming and
water conservation/supply projects; (2) enhancing, restoring
and protecting habitat lands for the target bird species; and (3)
accommodating certain new water related activities. Its purpose is to
benefit three endangered species (interior least tern, whooping crane,
and pallid sturgeon) and one threatened species (piping plover)
referred to as the ``target species.'' The Federal Government is to pay
half the cost, for which the total authorization would be $157.14
million plus any needed inflation adjustments. Implementation of the
Program will mitigate the adverse impacts of certain new water related
activities through the implementation of state and federal depletions
plans. This will allow continued growth and water development to occur
in the Platte River basin along with improving conditions for the
target species.

The legislation is important for Colorado and our neighbors in
Wyoming and Nebraska. I am glad that the Senate has approved it and
look forward to its becoming law.

Northern Marianas Legislation

Finally, Mr. Speaker, I want to note that Title VII of the bill
before us includes important provisions related to the Commonwealth of
the Northern Mariana Islands, or CNMI.

[[Page H2812]]

Subtitle A of that Title responds to longstanding Federal concerns
regarding immigration, labor, and law enforcement in the CNMI.
Its enactment will bring completion, at long last, to more than a
decade of congressional and executive branch efforts to extend the U.S.
immigration laws to the CNMI including the establishment of Federal
border control as anticipated by the 1976 covenant agreement between
the CNMI and the United States.
And Subtitle B will enable the citizens of the CNMI--who have been
U.S. citizens and members of the U.S. family for over 20 years--to
elect a Delegate to the House of Representatives, a necessary step if
we are to keep faith with our Nation's founding principle of
representative government.
The CNMI, a U.S. Territory located in the western Pacific Ocean, is
an archipelago comprised of fourteen islands. The majority of CNMI's
population lives on three of the most southern islands: its capital
Saipan, Rota, and Tinian. At the end of World War II, along with most
of the other islands in the Micronesian region, they were included in a
United Nations Strategic Trust Territory administered by the United
States. In the early 1970's, the Northern Marianas sought greater self-
government, and in 1975 submitted a ``Covenant'' proposal to the U.S.
for final approval. After favorable consideration by Congress, that
Covenant, which established the Commonwealth of the Northern Mariana
Islands in political union with the United States, was signed into law
in 1976 by President Gerald Ford.
During the negotiations over the Covenant, island officials expressed
concern about possible adverse effects on their culture and economic
development that could come from application of certain U.S. laws. In
response, the Marianas government was given temporary responsibility
for determining minimum wage laws, immigration standards, and an income
tax system.
Beginning in the late 1980s, the CNMI focused on developing a garment
industry and used its local control of immigration policy to allow for
the recruitment and importation of foreign guest workers. But there
were increasing reports of abuses.
For example, after visiting the islands in July, 1997, the U.S.
Commission on Immigration Reform reported it had found problems
``ranging from bureaucratic inefficiencies to labor abuses to an
unsustainable economic, social and political system that is
antithetical to most American values,'' including exploitation of
foreign workers with retaliation against protesters, suppression of
basic freedoms, and flagrant abuses of household workers, agricultural
workers, and bar girls. The Commission said the CNMI's guest-worker
policy had created major policy problems and resulted in a two-class
system where the majority of workers were denied political and social
rights.
That and similar reports prompted efforts to achieve reforms through
Federal legislation, and both the George H. W. Bush Administration and
the Clinton Administration were concerned about repeated allegations
that foreign guest workers were being mistreated and exploited. Both
Administrations supported addressing the problem through legal reforms.
I have long supported those reforms. In 1999--my first year as a
Representative from Colorado--I joined as a cosponsor of a bill a bill
entitled the ``United States-Commonwealth of the Northern Marianas
Human Dignity Act'' to bar use of the ``Made in the USA'' label on
textiles produced in the CNMI unless they were produced in plants that
conformed with American labor laws, including those aimed at protecting
health and safety and guarding against exploitation.
And ever since, I have supported similar legislation, including the
bill (H.R. 3079, the ``Northern Mariana Islands Immigration, Security,
and Labor Act'') which passed the House last year and which is the
basis for Subtitle A of Title VII of the bill before us today.
I did so, in part, because in September, 1999, the Committee on
Resources (as it was then named) held an oversight hearing regarding
the enforcement of federal laws and the use of federal funds in the
CNMI at which officials of the Interior Department and the Departments
of Justice and Labor, testified that reform legislation was needed.
As the witness from the Justice Department put it, ``in order to
control crime in the CNMI, the U.S. government must be able to prevent
criminals from gaining unlimited access to the islands. We cannot
expect to stop the flow of drugs, or guns, or trafficking in women and
forced prostitution, unless we keep out the people who we know are
already committing these crimes'' and ``the only way to fight
effectively the larger crime problem on the CNMI is to apply the Act as
it is applied in other U.S. jurisdictions with appropriate transitional
phase-in provisions to prevent avoidable adverse impacts on the
economy.'' And the witness from the Labor Department told our committee
that ``there are extremely serious, pervasive, and stubbornly
persist[ing] immigration, labor, and human rights problems in the
Commonwealth of the Northern Marianas'' which ``derive from systematic,
structural weaknesses in the legal framework in the Commonwealth and
any solution to these problems demands a comprehensive, structural
solution.''
In short, in the words of the witness from the Interior Department,
``current Federal law is insufficient to correct the continuing
inadequacies caused by CNMI immigration and labor policy'' and ``the
need to apply . . . Federal immigration, wage, and trade standards is
inescapable.''
Unfortunately Mr. Speaker, while responsible Federal officials saw
the need as inescapable, for too long Congress did not act to meet that
need. In part, that was because those responsible for some of the worse
abuses had friends in powerful positions here in the House of
Representatives.
That evidently was why the then-leadership of the House refused to
even allow the House to debate a reform bill (S. 1052 of the 106th
Congress) sponsored by the Republican Senator who chaired the Committee
on Energy and Natural Resources that passed the Senate without dissent
in 2000.
Instead of being brought to the House floor, like this bill, that
measure was bottled up in the Resources Committee and Jack Abramoff,
the lobbyist who represented some of its most important opponents,
reportedly informed his clients that ``We erected a roadblock in the
House to stop the bill from moving.''
But now that roadblock is gone, and today we can write an end to that
sad chapter by approving reforms that have been delayed far too long.
Mr. Speaker, this is a good bill that deserves enactment, and I urge
the House to approve it.
Mr. HASTINGS of Washington. Mr. Speaker, the House of Representatives
is being asked to swallow this colossal Senate lands bill without any
Member having the opportunity to offer amendments or provide input.
This is an abdication of our duties as elected Representatives and it
means good legislation will continue to sit lingering and waiting for
action in the Senate because it's not been included in this packaged
bill.
There are parts of this massive bill that I do support. In fact, I am
the sponsor and author of the bill, H.R. 386, that will convey certain
buildings and land from the Bureau of Reclamation to the Yakima-Tieton
Irrigation District. This measure will allow for greater local control
of property that is already being used for irrigation purposes. It will
also allow the irrigation district to make needed improvements. H.R.
386 passed the House by a vote of 417-0 in February, 2007 and I am
pleased that the Senate finally acted on this bipartisan piece of
legislation.
However, this package excludes many other House passed bills that
have been awaiting Senate action, including two of which are of
particular interest to me and communities in Central Washington state.
The first bill, H.R. 523, passed the House last October by a vote of
377 to zero. This bill would allow for the sale of several parcels of
property from the Bureau of Land Management to the Douglas County PUD
for both ease and efficiency of management, while ensuring
environmental protections. Additionally, the funds generated from this
sale would be put towards improving public access to existing BLM lands
in Washington state. This creates an opportunity to address some long-
standing needs to improve public access to public lands in my state,
including for recreation at the Juniper Dunes area. Having passed the
House over six months ago without dissent, and also being subject of a
positive Senate hearing in February, there is no reason that this bill
shouldn't be part of this package.
Second, I am frustrated that the Senate did not include H.R. 1285,
the Snoqualmie Pass Land Conveyance Act. This legislation would help
facilitate the construction of a modem fire station to serve both local
communities and interstate freeway travelers crossing Snoqualmie Pass.
The Snoqualmie Pass Fire and Rescue is often the first to respond to
emergencies through the pass. This heavily traveled area often sees
major snowstorms as well as avalanches. This bill passed the House last
July by voice vote and it merits passage by the Senate and to be signed
into law.
Instead of action on these two bills, there is indefinite delay and
no apparent plan for action. I will not be allowed to offer an
amendment to add these two non-controversial bills to this Senate
package. The House is only given the choice of passing this bill.
I have heard some of my colleagues in both the House and the Senate
claim that this conglomerate Senate bill mainly includes bills that
passed out of the House of Representatives and enjoy strong bipartisan
support. Both H.R. 523 as well as H.R. 1285 fit both of those criteria.
Why then were they not included in S. 2739 when other bills were
included that have never passed the House or had prior Senate Committee
approval?
I am frustrated and disappointed at the closed manner in which the
House is being

[[Page H2813]]

forced to vote on this bill. Furthermore, I am concerned at the
enormous expansion of federal land ownership and management
responsibilities created by this bill when we are not currently able to
meet our public lands existing maintenance needs. It is ironic that
both of the bills that have been left out of this legislation would, in
a responsible way, actually decrease and relieve these demands and
stress on current capabilities.
For these reasons, I must vote against this bill.
Mr. MOORE of Kansas. Mr. Speaker, I rise today in support of S. 2739,
the Consolidated Natural Resources Act of 2008. This measure, recently
approved by the Senate, includes a number of measures that earlier had
been approved by the House of Representatives, including H.R. 2094, a
bill that I sponsored with Representatives Jerry Moran, Todd Tiahrt,
Nancy Boyda, Leonard Boswell, and Mac Thornberry. As an Executive
Committee member of the Dwight D. Eisenhower Memorial Commission, I
know that this legislation is important to our continuing efforts to
establish a National, permanent memorial to President Eisenhower. H.R.
2094 would make important amendments to the statute establishing the
Eisenhower Memorial Commission, so that it can more effectively
discharge its duties.
Congress created the Eisenhower Memorial Commission in 1999 and
charged the Commission with establishing a National memorial to Dwight
David Eisenhower to honor his memory and commemorate his contributions
to the nation. The Commission is completely bipartisan, consisting of
four Senators, four Representatives, and four private citizens. The
Commission keeps an office in Washington, DC, with four full-time
staff, including an Executive Director and Executive Architect.
Since determining a preferred site in June 2005, the Commission has
worked tirelessly to speed the progress of the memorialization. In
September 2006, only fifteen months later, the Commission received
final site approval from the National Capital Planning Commission and
the Commission of Fine Arts. The National Eisenhower Memorial will be
located across the street from the National Air and Space Museum at the
intersection of Maryland and Independence Avenues, SW. The site is
surrounded by institutions Ike either created or profoundly influenced,
including the Department of Education.
The Commission is now engaged in Pre-Design Programming, a concerted
effort to determine what the memorial should be. Eisenhower family
members, Eisenhower contemporaries, historians, Kansans, and many
others have been interviewed on their vision for the memorial. A
voluntary online questionnaire is available to the public. Although
there are many diverse opinions on Ike's greatest achievement and the
appropriate focus for his memorial, all agree that Eisenhower is, as
Michael Korda presents in his new biography, ``an American hero.''
I am particularly proud to claim one of the greatest 20th-century
Americans as a fellow Kansan. He ranks as one of the preeminent figures
in the global history of the 20th century. Dwight Eisenhower spent his
entire life in public service. His most well-known contributions
include serving as Supreme Commander of the Allied Expeditionary Forces
in World War II and as 34th President of the United States, but
Eisenhower also served as the first commander of NATO and as President
of Columbia University. Dramatic changes occurred in America during his
lifetime, many of which he participated in and influenced through his
extraordinary leadership as President. Although Ike grew up before
automobiles existed, he created the Interstate Highway System and took
America into space. He created NASA, the Department of Health,
Education, and Welfare, and the Federal Aviation Administration. He
added Hawaii and Alaska to the United States and ended the Korean War.
President Eisenhower desegregated the District of Columbia and sent
federal troops into Little Rock, Arkansas, to enforce school
integration. He defused international crises and inaugurated the
national security policies that guided the nation for the next three
decades, leading to the peaceful end of the Cold War. A career soldier,
Eisenhower championed peace, freedom, justice and security, and as
President he stressed the interdependence of those goals. He spent a
lifetime fulfilling his duty to his country, always remembering to ask
what's best for America.
The development of the Pre-Design Program will produce three books to
serve as an information packet for potential designers and the eventual
design team for the memorial. The reasons for building a memorial to
Eisenhower are only one part of the challenge set out in the Pre-Design
Program. Technical considerations and guidance from the National Park
Service are also included. Issues from preserving the historic view to
the U.S. Capitol to providing a National Park Service Ranger station at
the site are presented. This stage is the last major step prior to
procuring a design team.
While the Eisenhower Memorial Commission has so far been able to
efficiently manage the memorialization process, the tasks involved in
design and construction require revised administrative and operational
authority. H.R. 2094 provides the needed revisions and will enable the
Commission to work more efficiently and effectively during design and
construction when quick turnaround times are vital and daily decisions
must be made. The authority provided in this legislation is based on
the authority given to temporary commissions in existence for up to
three years. The Eisenhower Memorial Commission has similar needs, but
exists for no set time period. The Commission will exist until the
completion of the memorial.
For example, H.R. 2094 will enable the Commission to hire temporary
federal employees instead of contract consultants, simplifying
administration of staffing and covering the liability of its employees.
H.R. 2094 will also provide for the Executive Architect to represent
the Commission on the panels that will select the design team for the
memorial. As currently written, the Commission's legislation prohibits
its staff or members from participating in the determination of the
design team.
H.R. 2094 will enable the Commission to continue working not only to
ensure that the National Eisenhower Memorial is an inspiration to
future generations, but also to ensure that the memorialization process
is an example of responsible public work. I urge my colleagues to
support passage of S. 2739 today, and with it, the language included in
H.R. 2094.
Mrs. CAPPS. Mr. Speaker, I rise in strong support of S. 2739, the
Consolidated Natural Resources Act of 2008. This bipartisan legislation
consists of 61 measures that previously passed the House earlier in the
110th Congress. Among the bill's provisions is Section 201, which
incorporates H.R. 276, the Piedras Blancas Historic Light Station
Outstanding Natural Area Act of 2007, a bill I sponsored and was
approved by the House on March 5, 2007, by voice vote.
First, I want to thank the chairman of the Natural Resources
Committee, Mr. Rahall, and chairman of the Subcommittee on National
Parks, Forests and Public Lands, Mr. Grijalva, as well as the ranking
members of the full Committee and Subcommittee for expediting the
consideration of this legislation and for bringing S. 2739 before us
today. I also want to thank Senator Bingaman, the chairman of the
Energy and Natural Resources Committee, as well as Senator Feinstein
and Senator Boxer for their support of the Consolidated Natural
Resources Act.
Section 201 of S. 2739 would designate the Piedras Blancas Historic
Light Station--located in my congressional district--as an Outstanding
Natural Area within the BLM's National Landscape Conservation System.
The Piedras Blancas Light Station is located on an 18-acre parcel of
BLM-administered land along the Pacific Coast in San Luis Obispo
County. The property is adjacent to Pacific Coast Highway and the
Hearst Castle State Historic Monument, and it looks over a pristine
coastal area that includes the southern portion of the Monterey Bay
National Marine Sanctuary and California Coastal National Monument. It
is also nationally recognized as an important monitoring point for
migrating whales, and is used by the U.S. Geological Survey, the
National Marine Fisheries Service and a number of universities and
colleges for marine wildlife and plant research.
The Light Station and the surrounding area are also important for
tourism. For example, the national historic Light House--built in
1879--is a main destination focal point on the Central Coast, and the
peninsula is very popular for viewing sea otters, elephant seals, and
sea lions from shore. The elephant seal colony at Piedras Blancas
attracts an estimated 400,000 visitors annually.
In 2001, BLM assumed ownership and management of the Light Station
from the U.S. Coast Guard. Since then, BLM, State and local agencies,
community stakeholders and conservation groups have developed a very
successful partnership to preserve the Light Station.
Some of these partners include: the Piedras Blancas Light Station
Association; California State Parks; San Luis Obispo County; the cities
of Cambria and San Simeon; the California Coastal Conservancy and
Coastal Commission; NOAA; and the Hearst Corporation.
As a result of their hard work, the site was re-opened to public
tours in 2003--for the first time in 128 years! These partners continue
to work together on a series of environmental education, historical
restoration and resource protection programs. And I'm confidant they
will each support and showcase this national designation if enacted.
Mr. Speaker, I also want to acknowledge the second and third-graders
at Grover Heights Elementary school in my congressional district for
their support of this Light Station. In 2006, these students began the
``Pennies for Piedras'' campaign to raise money toward restoration of
the lighthouse. By the end

[[Page H2814]]

of the school year, the students had raised $1337.30 in pennies to
repair Piedras Blancas. I'm happy to report the students at Grover
Heights continue this wonderful effort to protect and enhance one of
the Central Coast's crown jewels.
As you know, my legislation tracks the successful model of
designating the Oregon Coast's Yaquina Head as an Outstanding Natural
Area, which was signed into law in 1980. Yaquina Head was later
included in the National Landscape Conservation System.
Like Yaquina Head, the addition of the Piedras Blancas Light Station
to the NLCS would be an important step in protecting and preserving
this valuable natural and historic resource. It will also focus
attention on the restoration of the Light Station and surrounding area,
specifically the three on-site National Register properties. And, it
will serve as a means to increase public awareness of the Light
Station's scientific, cultural and educational values.
Specifically, Section 201 stresses long-term conservation of the
Light Station by requiring timely completion of a management plan. The
management plan would be developed through a public process and include
guidelines for restoration of the National Register of Historic Places
buildings, including the Light House; public access; ecological and
cultural resource management; and, fostering scientific study and
research opportunities.
Mr. Speaker, the Piedras Blancas Light Station is a wonderful
resource. It has the potential to serve as a model for future resource
management, and therefore would be an appropriate addition to the BLM's
National Landscape Conservation System.
Again, I would like to thank the Committee on Natural Resources for
supporting this bill, which among other things, will designate the
Piedras Blancas Historic Light Station as an Outstanding Natural Area,
and urge its immediate passage.
Mr. REGULA. Mr. Speaker. I want to thank Chairman Rahall and my
colleagues in the Senate for all of their hard work on this bill. It is
my pleasure today to speak on behalf of S. 2739.
I rise to highlight Title IV of this comprehensive natural resources
bill, which reauthorizes the National Heritage Area program. Heritage
Areas allow communities to preserve and maintain places of cultural and
historical importance so that future generations can enjoy them. These
areas also provide important recreational opportunities for local
families and visitors who come from all over the country. They relieve
the Federal Government of the burden of permanently maintaining these
spaces as national parks at a time when the National Park System is
overburdened.
Mr. Speaker, this bill is a tremendous benefit to the American
people. National Heritage Areas provide opportunities for the health,
education, and recreation of the American people in their communities.
In my State of Ohio, the Ohio and Erie Canalway is one of the many
great examples of the success of this program. The Ohio and Erie Canal
was originally created nearly two centuries ago in an attempt to bring
Ohio out of economic stagnation by making the State a vital link in the
waterways that connect the Eastern States with the Gulf of Mexico. As a
result, Ohio excelled to become one of the most prosperous States
within 20 years of the canal's creation. Today, that heritage is shared
with the people as they enjoy the many of the benefits Ohio and Erie
Canal Towpath. With over 3 million users a year, this one of several
National Heritage Areas clearly highlights the success of this program.
I also want to emphasize the fiscal responsibility of the heritage
area provisions. This bill will not provide money to managing entities
unless they provide matching funds from other sources. For example,
within the Ohio and Erie Canalway, for the $8 million in Federal
funding that has been secured for this area, over $270 million in
State, local, and private contributions have been leveraged.
Mr. Speaker, the National Heritage Area program has been a successful
program for nearly 10 years. I believe it will continue to be a
successful program as it has been an efficient use of the taxpayers'
money while preserving historic and cultural landmarks for communities
across this country. I ask my colleagues to support S. 2739.
Mr. BECERRA. Mr. Speaker, I rise in support of S. 2739, the
Consolidated Natural Resources Act of 2008, which includes a provision
to establish a commission that will report to Congress on the
feasibility of creating a National Museum of the American Latino.
Recently, the Senate passed this legislation. The House of
Representatives already voted unanimously for the National Museum of
the American Latino provision in the form of H.R. 512 on February 4,
2007. And today, we get the chance to do it once again.
The passage of S. 2739 will ensure that a full, rich, and inclusive
story of American Latinos will be told in our nation's capital soon.
Tomorrow, as many families and educators celebrate El Dia de los Ninos,
a day on which families and educators celebrate our children, it is
important to consider a valuable learning tool that until now has been
somewhat neglected. Our national museums influence what Americans and
foreign visitors know and believe about this nation's collective
history and cultural life. My largest disappointment is that the
official narrative portrayed in our museums still fails to recognize
and exhibit the significant contributions made by Latinos to the
culture and history of the United States.
This National Museum of the American Latino Commission Act included
in S. 2739 creates a bipartisan Commission tasked with looking at
whether our national museums are doing all they can to provide future
generations a more complete portrayal of American Latino contributions
to American life. The 23-member Commission of experts would examine
whether and how to establish a new museum dedicated to the art,
history, and culture of the American Latino population of the United
States. Within two years of the bill being signed into law, the
Commission will report their findings and recommendations to Congress,
detailing a recommended plan of action on how to move forward with
taking the museum from concept to reality.

In passing this legislation, we are laying the first cobblestones in
what many hope will ultimately create a National Museum of the American
Latino. Though American Latinos' contributions span centuries and
economic sectors, many people are unaware of the role Americans of
Latino descent played, and continue to play, in America. This
legislation offers an extraordinary opportunity to better understand
the historical and significant contributions that make this country
great.
It is my hope that children who visit Washington, DC's museums go
home with a more complete understanding of what it means to be an
American. We hope one day our children can learn from our national
museums that:
Latinos' contributions to the United States of America date back to
1565, when the Spanish established the first permanent settlement in
the territorial United States in St. Augustine, Florida--four decades
before the establishment of Jamestown and Plymouth Rock.
From General Bernard de Galvez who supported General George
Washington's rebellion against England to the 500,000 Hispanics who
served in the Armed Forces during World War II to the soldiers like
Jose Antonio Gutierrez who was among the first casualties of American
troops in Iraq, Latinos have played a pivotal role in every major U.S.
military war.
The sacrifices and honor of our Latino service members represent a
proportionately larger number of our Nation's Congressional Medal of
Honor awardees than any other ethnic group.
Latino astronauts, such as astronauts Dr. Franklin Chang-Diaz, Sydney
Gutierrez, and Dr. Ellen Ochoa, have soared into space.
During Hispanic Heritage Month in October, 2003, I first sponsored
this important legislation with my good friend, Representative Ileana
Ros-Lehtinen. I thank her and my Senate colleagues, Senators Ken
Salazar, Bob Menendez, and Mel Martinez for their work as lead
champions of the National American Latino Heritage Museum Commission
Act in the Senate. To Senator Jeff Bingaman and Majority Leader Harry
Reid, I send my appreciation for their help both in including H.R. 512
as part of the Consolidated Natural Resources Act of 2008 and in
ensuring the bill's safe Senate passage.
Mr. Speaker, we are moving closer to the day when we can confidently
say that the mosaic portrayed in Washington, DC's museums truly
reflects America. I thank you for allowing the consideration of S.
2739, which includes the National Museum of the American Latino
Commission Act to have its time on the House floor. I strongly
encourage my colleagues to vote in support of S. 2739, so that we can
clear this final congressional hurdle and move forward a broadly
supported effort to ensure that American Latinos are included in our
national narrative.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the Senate bill, S. 2739.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________