[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9723-S9849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5654. Mr. REID (for Mr. Conrad) proposed an amendment to the bill 
H.R. 5571, to extend for 5 years the program relating to waiver of the 
foreign country residence requirement with respect to international 
medical graduates, and for other purposes; as follows:

       On page 2, line 5, strike ``June 1, 2013'' and insert 
     ``March 6, 2009''.
                                 ______
                                 
  SA 5655. Mr. LEAHY proposed an amendment to the bill S. 3325, to 
enhance remedies for violations of intellectual property laws, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Prioritizing Resources and Organization for Intellectual 
     Property Act of 2008''.
       (b) Table of Contents.--The table of contents is as 
     follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference.
Sec. 3. Definition.

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

Sec. 101. Registration of claim.
Sec. 102. Civil remedies for infringement.
Sec. 103. Treble damages in counterfeiting cases.
Sec. 104. Statutory damages in counterfeiting cases.
Sec. 105. Importation and exportation.

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

Sec. 201. Criminal copyright infringement.
Sec. 202. Trafficking in counterfeit labels, illicit labels, or 
              counterfeit documentation or packaging for works that can 
              be copyrighted.
Sec. 203. Unauthorized fixation.
Sec. 204. Unauthorized recording of motion pictures.
Sec. 205. Trafficking in counterfeit goods or services.
Sec. 206. Forfeiture, destruction, and restitution.
Sec. 207. Forfeiture under Economic Espionage Act.
Sec. 208. Criminal infringement of a copyright.
Sec. 209. Technical and conforming amendments.

   TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT 
                AGAINST COUNTERFEITING AND INFRINGEMENT

Sec. 301. Intellectual Property Enforcement Coordinator.
Sec. 302. Definition.
Sec. 303. Joint strategic plan.
Sec. 304. Reporting.
Sec. 305. Savings and repeals.
Sec. 306. Authorization of appropriations.

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

Sec. 401. Local law enforcement grants.
Sec. 402. Improved investigative and forensic resources for enforcement 
              of laws related to intellectual property crimes.
Sec. 403. Additional funding for resources to investigate and prosecute 
              intellectual property crimes and other criminal activity 
              involving computers.
Sec. 404. Annual reports.

                         TITLE V--MISCELLANEOUS

Sec. 501. GAO study on protection of intellectual property of 
              manufacturers.
Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.

     SEC. 2. REFERENCE.

       Any reference in this Act to the ``Trademark Act of 1946'' 
     refers to the Act entitled ``An Act to provide for the 
     registration of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et 
     seq.).

     SEC. 3. DEFINITION.

       In this Act, the term ``United States person'' means--
       (1) any United States resident or national,
       (2) any domestic concern (including any permanent domestic 
     establishment of any foreign concern), and
       (3) any foreign subsidiary or affiliate (including any 
     permanent foreign establishment) of any domestic concern that 
     is controlled in fact by such domestic concern,

     except that such term does not include an individual who 
     resides outside the United States and is employed by an 
     individual or entity other than an individual or entity 
     described in paragraph (1), (2), or (3).

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

     SEC. 101. REGISTRATION OF CLAIM.

       (a) Limitation to Civil Actions; Harmless Error.--Section 
     411 of title 17, United States Code, is amended--
       (1) in the section heading, by inserting ``CIVIL'' before 
     ``INFRINGEMENT'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``no action'' and 
     inserting ``no civil action''; and
       (B) in the second sentence, by striking ``an action'' and 
     inserting ``a civil action'';
       (3) by redesignating subsection (b) as subsection (c);
       (4) in subsection (c), as so redesignated by paragraph (3), 
     by striking ``506 and sections 509 and'' and inserting ``505 
     and section''; and
       (5) by inserting after subsection (a) the following:
       ``(b)(1) A certificate of registration satisfies the 
     requirements of this section and section 412, regardless of 
     whether the certificate contains any inaccurate information, 
     unless--
       ``(A) the inaccurate information was included on the 
     application for copyright registration with knowledge that it 
     was inaccurate; and
       ``(B) the inaccuracy of the information, if known, would 
     have caused the Register of Copyrights to refuse 
     registration.
       ``(2) In any case in which inaccurate information described 
     under paragraph (1) is alleged, the court shall request the 
     Register of Copyrights to advise the court whether the 
     inaccurate information, if known, would have caused the 
     Register of Copyrights to refuse registration.
       ``(3) Nothing in this subsection shall affect any rights, 
     obligations, or requirements of a person related to 
     information contained in a registration certificate, except 
     for the institution of and remedies in infringement actions 
     under this section and section 412.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 412 of title 17, United States Code, is amended 
     by striking ``411(b)'' and inserting ``411(c)''.
       (2) The item relating to section 411 in the table of 
     sections for chapter 4 of title 17, United States Code, is 
     amended to read as follows:

``Sec. 411. Registration and civil infringement actions.''.

     SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.

       (a) In General.--Section 503(a) of title 17, United States 
     Code, is amended to read as follows:

[[Page S9724]]

       ``(a)(1) At any time while an action under this title is 
     pending, the court may order the impounding, on such terms as 
     it may deem reasonable--
       ``(A) of all copies or phonorecords claimed to have been 
     made or used in violation of the exclusive right of the 
     copyright owner;
       ``(B) of all plates, molds, matrices, masters, tapes, film 
     negatives, or other articles by means of which such copies of 
     phonorecords may be reproduced; and
       ``(C) of records documenting the manufacture, sale, or 
     receipt of things involved in any such violation, provided 
     that any records seized under this subparagraph shall be 
     taken into the custody of the court.
       ``(2) For impoundments of records ordered under paragraph 
     (1)(C), the court shall enter an appropriate protective order 
     with respect to discovery and use of any records or 
     information that has been impounded. The protective order 
     shall provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used.
       ``(3) The relevant provisions of paragraphs (2) through 
     (11) of section 34(d) of the Trademark Act (15 U.S.C. 
     1116(d)(2) through (11)) shall extend to any impoundment of 
     records ordered under paragraph (1)(C) that is based upon an 
     ex parte application, notwithstanding the provisions of rule 
     65 of the Federal Rules of Civil Procedure. Any references in 
     paragraphs (2) through (11) of section 34(d) of the Trademark 
     Act to section 32 of such Act shall be read as references to 
     section 501 of this title, and references to use of a 
     counterfeit mark in connection with the sale, offering for 
     sale, or distribution of goods or services shall be read as 
     references to infringement of a copyright.''.
       (b) Protective Order for Seized Records.--Section 34(d)(7) 
     of the Trademark Act (15 U.S.C. 1116(d)(7)) is amended to 
     read as follows:
       ``(7) Any materials seized under this subsection shall be 
     taken into the custody of the court. For seizures made under 
     this section, the court shall enter an appropriate protective 
     order with respect to discovery and use of any records or 
     information that has been seized. The protective order shall 
     provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used.''.

     SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.

       Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 
     1117(b)) is amended to read as follows:
       ``(b) In assessing damages under subsection (a) for any 
     violation of section 32(1)(a) of this Act or section 220506 
     of title 36, United States Code, in a case involving use of a 
     counterfeit mark or designation (as defined in section 34(d) 
     of this Act), the court shall, unless the court finds 
     extenuating circumstances, enter judgment for three times 
     such profits or damages, whichever amount is greater, 
     together with a reasonable attorney's fee, if the violation 
     consists of--
       ``(1) intentionally using a mark or designation, knowing 
     such mark or designation is a counterfeit mark (as defined in 
     section 34(d) of this Act), in connection with the sale, 
     offering for sale, or distribution of goods or services; or
       ``(2) providing goods or services necessary to the 
     commission of a violation specified in paragraph (1), with 
     the intent that the recipient of the goods or services would 
     put the goods or services to use in committing the violation.

     In such a case, the court may award prejudgment interest on 
     such amount at an annual interest rate established under 
     section 6621(a)(2) of the Internal Revenue Code of 1986, 
     beginning on the date of the service of the claimant's 
     pleadings setting forth the claim for such entry of judgment 
     and ending on the date such entry is made, or for such 
     shorter time as the court considers appropriate.''.

     SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.

       Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``$500'' and inserting ``$1,000''; and
       (B) by striking ``$100,000'' and inserting ``$200,000''; 
     and
       (2) in paragraph (2), by striking ``$1,000,000'' and 
     inserting ``$2,000,000''.

     SEC. 105. IMPORTATION AND EXPORTATION.

       (a) In General.--The heading for chapter 6 of title 17, 
     United States Code, is amended to read as follows:

       ``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, AND 
                             EXPORTATION''.

       (b) Amendment on Exportation.--Section 602(a) of title 17, 
     United States Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and moving such 
     subparagraphs 2 ems to the right;
       (2) by striking ``(a)'' and inserting ``(a) Infringing 
     Importation or Exportation.--
       ``(1) Importation.--'';
       (3) by striking ``This subsection does not apply to--'' and 
     inserting the following:
       ``(2) Importation or exportation of infringing items.--
     Importation into the United States or exportation from the 
     United States, without the authority of the owner of 
     copyright under this title, of copies or phonorecords, the 
     making of which either constituted an infringement of 
     copyright, or which would have constituted an infringement of 
     copyright if this title had been applicable, is an 
     infringement of the exclusive right to distribute copies or 
     phonorecords under section 106, actionable under sections 501 
     and 506.
       ``(3) Exceptions.--This subsection does not apply to--'';
       (4) in paragraph (3)(A) (as redesignated by this 
     subsection) by inserting ``or exportation'' after 
     ``importation''; and
       (5) in paragraph (3)(B) (as redesignated by this 
     subsection)--
       (A) by striking ``importation, for the private use of the 
     importer'' and inserting ``importation or exportation, for 
     the private use of the importer or exporter''; and
       (B) by inserting ``or departing from the United States'' 
     after ``United States''.
       (c) Conforming Amendments.--(1) Section 602 of title 17, 
     United States Code, is further amended--
       (A) in the section heading, by inserting ``or exportation'' 
     after ``importation''; and
       (B) in subsection (b)--
       (i) by striking ``(b) In a case'' and inserting ``(b) 
     Import Prohibition.--In a case'';
       (ii) by striking ``the United States Customs Service'' and 
     inserting ``United States Customs and Border Protection''; 
     and
       (iii) by striking ``the Customs Service'' and inserting 
     ``United States Customs and Border Protection''.
       (2) Section 601(b)(2) of title 17, United States Code, is 
     amended by striking ``the United States Customs Service'' and 
     inserting ``United States Customs and Border Protection''.
       (3) The item relating to chapter 6 in the table of chapters 
     for title 17, United States Code, is amended to read as 
     follows:

``6. Manufacturing Requirements, Importation, and Exportation ........ 
                                 601''.

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

     SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.

       (a) Forfeiture and Destruction; Restitution.--Section 
     506(b) of title 17, United States Code, is amended to read as 
     follows:
       ``(b) Forfeiture, Destruction, and Restitution.--
     Forfeiture, destruction, and restitution relating to this 
     section shall be subject to section 2323 of title 18, to the 
     extent provided in that section, in addition to any other 
     similar remedies provided by law.''.
       (b) Seizures and Forfeitures.--
       (1) Repeal.--Section 509 of title 17, United States Code, 
     is repealed.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 5 of title 17, United States Code, is 
     amended by striking the item relating to section 509.

     SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, 
                   OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR 
                   WORKS THAT CAN BE COPYRIGHTED.

       Section 2318 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (C) by striking ``Whoever'' and inserting ``(1) Whoever'';
       (2) by amending subsection (d) to read as follows:
       ``(d) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''; and
       (3) by striking subsection (e) and redesignating subsection 
     (f) as subsection (e).

     SEC. 203. UNAUTHORIZED FIXATION.

       (a) Section 2319A(b) of title 18, United States Code, is 
     amended to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.
       (b) Section 2319A(c) of title 18, United States Code, is 
     amended by striking the second sentence and inserting: ``The 
     Secretary of Homeland Security shall issue regulations by 
     which any performer may, upon payment of a specified fee, be 
     entitled to notification by United States Customs and Border 
     Protection of the importation of copies or phonorecords that 
     appear to consist of unauthorized fixations of the sounds or 
     sounds and images of a live musical performance.''.

     SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.

       Section 2319B(b) of title 18, United States Code, is 
     amended to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.

     SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

       (a) In General.--Section 2320 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Whoever'' and inserting ``Offense.--''

[[Page S9725]]

       ``(1) In general.--Whoever;'';
       (B) by moving the remaining text 2 ems to the right; and
       (C) by adding at the end the following:
       ``(2) Serious bodily harm or death.--
       ``(A) Serious bodily harm.--If the offender knowingly or 
     recklessly causes or attempts to cause serious bodily injury 
     from conduct in violation of paragraph (1), the penalty shall 
     be a fine under this title or imprisonment for not more than 
     20 years, or both.
       ``(B) Death.--If the offender knowingly or recklessly 
     causes or attempts to cause death from conduct in violation 
     of paragraph (1), the penalty shall be a fine under this 
     title or imprisonment for any term of years or for life, or 
     both.''; and
       (2) by adding at the end the following:
       ``(h) Transshipment and Exportation.--No goods or services, 
     the trafficking in of which is prohibited by this section, 
     shall be transshipped through or exported from the United 
     States. Any such transshipment or exportation shall be deemed 
     a violation of section 42 of an Act to provide for the 
     registration of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes, approved July 5, 1946 (commonly referred to 
     as the `Trademark Act of 1946' or the `Lanham Act').''.
       (b) Forfeiture and Destruction of Property; Restitution.--
     Section 2320(b) of title 18, United States Code, is amended 
     to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.

     SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 2323. FORFEITURE, DESTRUCTION, AND RESTITUTION.

       ``(a) Civil Forfeiture.--
       ``(1) Property subject to forfeiture.--The following 
     property is subject to forfeiture to the United States 
     Government:
       ``(A) Any article, the making or trafficking of which is, 
     prohibited under section 506 of title 17, or section 2318, 
     2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
       ``(B) Any property used, or intended to be used, in any 
     manner or part to commit or facilitate the commission of an 
     offense referred to in subparagraph (A).
       ``(C) Any property constituting or derived from any 
     proceeds obtained directly or indirectly as a result of the 
     commission of an offense referred to in subparagraph (A).
       ``(2) Procedures.--The provisions of chapter 46 relating to 
     civil forfeitures shall extend to any seizure or civil 
     forfeiture under this section. For seizures made under this 
     section, the court shall enter an appropriate protective 
     order with respect to discovery and use of any records or 
     information that has been seized. The protective order shall 
     provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used. At the conclusion of the forfeiture proceedings, unless 
     otherwise requested by an agency of the United States, the 
     court shall order that any property forfeited under paragraph 
     (1) be destroyed, or otherwise disposed of according to law.
       ``(b) Criminal Forfeiture.--
       ``(1) Property subject to forfeiture.--The court, in 
     imposing sentence on a person convicted of an offense under 
     section 506 of title 17, or section 2318, 2319, 2319A, 2319B, 
     or 2320, or chapter 90, of this title, shall order, in 
     addition to any other sentence imposed, that the person 
     forfeit to the United States Government any property subject 
     to forfeiture under subsection (a) for that offense.
       ``(2) Procedures.--
       ``(A) In general.--The forfeiture of property under 
     paragraph (1), including any seizure and disposition of the 
     property and any related judicial or administrative 
     proceeding, shall be governed by the procedures set forth in 
     section 413 of the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 (21 U.S.C. 853), other than subsection 
     (d) of that section.
       ``(B) Destruction.--At the conclusion of the forfeiture 
     proceedings, the court, unless otherwise requested by an 
     agency of the United States shall order that any--
       ``(i) forfeited article or component of an article bearing 
     or consisting of a counterfeit mark be destroyed or otherwise 
     disposed of according to law; and
       ``(ii) infringing items or other property described in 
     subsection (a)(1)(A) and forfeited under paragraph (1) of 
     this subsection be destroyed or otherwise disposed of 
     according to law.
       ``(c) Restitution.--When a person is convicted of an 
     offense under section 506 of title 17 or section 2318, 2319, 
     2319A, 2319B, or 2320, or chapter 90, of this title, the 
     court, pursuant to sections 3556, 3663A, and 3664 of this 
     title, shall order the person to pay restitution to any 
     victim of the offense as an offense against property referred 
     to in section 3663A(c)(1)(A)(ii) of this title.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 113 of title 18, United States Code, is 
     amended by adding at the end the following:

``Sec. 2323. Forfeiture, destruction, and restitution.''.

     SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.

       Section 1834 of title 18, United States Code, is amended to 
     read as follows:

     ``SEC. 1834. CRIMINAL FORFEITURE.

       ``Forfeiture, destruction, and restitution relating to this 
     chapter shall be subject to section 2323, to the extent 
     provided in that section, in addition to any other similar 
     remedies provided by law.''.

     SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

       Section 2319 of title 18, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by striking ``paragraph (1)'' and inserting 
     ``subsection (a)'';
       (2) in subsection (c)(2)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by striking ``paragraph (1)'' and inserting 
     ``subsection (a)'';
       (3) in subsection (d)(3)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by inserting ``under subsection (a)'' before the 
     semicolon; and
       (4) in subsection (d)(4), by inserting ``is a felony and'' 
     after ``offense'' the first place such term appears.

     SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Amendments to Title 17, United States Code.--
       (1) Section 109 (b)(4) of title 17, United States Code, is 
     amended by striking ``505, and 509'' and inserting ``and 
     505''.
       (2) Section 111 of title 17, United States Code, is 
     amended--
       (A) in subsection (b), by striking ``and 509'';
       (B) in subsection (c)--
       (i) in paragraph (2), by striking ``and 509'';
       (ii) in paragraph (3), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (iii) in paragraph (4), by striking ``and section 509''; 
     and
       (C) in subsection (e)--
       (i) in paragraph (1), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (ii) in paragraph (2), by striking ``and 509''.
       (3) Section 115(c) of title 17, United States Code, is 
     amended--
       (A) in paragraph (3)(G)(i), by striking ``and 509''; and
       (B) in paragraph (6), by striking ``and 509''.
       (4) Section 119(a) of title 17, United States Code, is 
     amended--
       (A) in paragraph (6), by striking ``sections 509 and 510'' 
     and inserting ``section 510'';
       (B) in paragraph (7)(A), by striking ``and 509'';
       (C) in paragraph (8), by striking ``and 509''; and
       (D) in paragraph (13), by striking ``and 509''.
       (5) Section 122 of title 17, United States Code, is 
     amended--
       (A) in subsection (d), by striking ``and 509'';
       (B) in subsection (e), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (C) in subsection (f)(1), by striking ``and 509''.
       (6) Section 411(b) of title 17, United States Code, is 
     amended by striking ``sections 509 and 510'' and inserting 
     ``section 510''.
       (b) Other Amendments.--Section 596(c)(2)(c) of the Tariff 
     Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking 
     ``or 509''.

   TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT 
                AGAINST COUNTERFEITING AND INFRINGEMENT

     SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.

       (a) Intellectual Property Enforcement Coordinator.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate, an Intellectual Property Enforcement 
     Coordinator (in this title referred to as the ``IPEC'') to 
     serve within the Executive Office of the President. As an 
     exercise of the rulemaking power of the Senate, any 
     nomination of the IPEC submitted to the Senate for 
     confirmation, and referred to a committee, shall be referred 
     to the Committee on the Judiciary.
       (b) Duties of IPEC.--
       (1) In general.--The IPEC shall--
       (A) chair the interagency intellectual property enforcement 
     advisory committee established under subsection (b)(3)(A);
       (B) coordinate the development of the Joint Strategic Plan 
     against counterfeiting and infringement by the advisory 
     committee under section 303;
       (C) assist, at the request of the departments and agencies 
     listed in subsection (b)(3)(A), in the implementation of the 
     Joint Strategic Plan;
       (D) facilitate the issuance of policy guidance to 
     departments and agencies on basic issues of policy and 
     interpretation, to the extent necessary to assure the 
     coordination of intellectual property enforcement policy and 
     consistency with other law;
       (E) report to the President and report to Congress, to the 
     extent consistent with law, regarding domestic and 
     international intellectual property enforcement programs;
       (F) report to Congress, as provided in section 304, on the 
     implementation of the Joint Strategic Plan, and make 
     recommendations, if any and as appropriate, to Congress for 
     improvements in Federal intellectual property laws and 
     enforcement efforts; and

[[Page S9726]]

       (G) carry out such other functions as the President may 
     direct.
       (2) Limitation on authority.--The IPEC may not control or 
     direct any law enforcement agency, including the Department 
     of Justice, in the exercise of its investigative or 
     prosecutorial authority.
       (3) Advisory committee.--
       (A) Establishment.--There is established an interagency 
     intellectual property enforcement advisory committee composed 
     of the IPEC, who shall chair the committee, and the following 
     members:
       (i) Senate-confirmed representatives of the following 
     departments and agencies who are involved in intellectual 
     property enforcement, and who are, or are appointed by, the 
     respective heads of those departments and agencies:

       (I) The Office of Management and Budget.
       (II) Relevant units within the Department of Justice, 
     including the Federal Bureau of Investigation and the 
     Criminal Division.
       (III) The United States Patent and Trademark Office and 
     other relevant units of the Department of Commerce.
       (IV) The Office of the United States Trade Representative.
       (V) The Department of State, the United States Agency for 
     International Development, and the Bureau of International 
     Narcotics Law Enforcement.
       (VI) The Department of Homeland Security, United States 
     Customs and Border Protection, and United States Immigration 
     and Customs Enforcement.
       (VII) The Food and Drug Administration of the Department of 
     Health and Human Services.
       (VIII) The Department of Agriculture.
       (IX) Any such other agencies as the President determines to 
     be substantially involved in the efforts of the Federal 
     Government to combat counterfeiting and infringement.

       (ii) The Register of Copyrights, or a senior representative 
     of the United States Copyright Office appointed by the 
     Register of Copyrights.
       (B) Functions.--The advisory committee established under 
     subparagraph (A) shall develop the Joint Strategic Plan 
     against counterfeiting and infringement under section 303.

     SEC. 302. DEFINITION.

       For purposes of this title, the term ``intellectual 
     property enforcement'' means matters relating to the 
     enforcement of laws protecting copyrights, patents, 
     trademarks, other forms of intellectual property, and trade 
     secrets, both in the United States and abroad, including in 
     particular matters relating to combating counterfeit and 
     infringing goods.

     SEC. 303. JOINT STRATEGIC PLAN.

       (a) Purpose.--The objectives of the Joint Strategic Plan 
     against counterfeiting and infringement that is referred to 
     in section 301(b)(1)(B) (in this section referred to as the 
     ``joint strategic plan'') are the following:
       (1) Reducing counterfeit and infringing goods in the 
     domestic and international supply chain.
       (2) Identifying and addressing structural weaknesses, 
     systemic flaws, or other unjustified impediments to effective 
     enforcement action against the financing, production, 
     trafficking, or sale of counterfeit or infringing goods, 
     including identifying duplicative efforts to enforce, 
     investigate, and prosecute intellectual property crimes 
     across the Federal agencies and Departments that comprise the 
     Advisory Committee and recommending how such duplicative 
     efforts may be minimized. Such recommendations may include 
     recommendations on how to reduce duplication in personnel, 
     materials, technologies, and facilities utilized by the 
     agencies and Departments responsible for the enforcement, 
     investigation, or prosecution of intellectual property 
     crimes.
       (3) Ensuring that information is identified and shared 
     among the relevant departments and agencies, to the extent 
     permitted by law, including requirements relating to 
     confidentiality and privacy, and to the extent that such 
     sharing of information is consistent with Department of 
     Justice and other law enforcement protocols for handling such 
     information, to aid in the objective of arresting and 
     prosecuting individuals and entities that are knowingly 
     involved in the financing, production, trafficking, or sale 
     of counterfeit or infringing goods.
       (4) Disrupting and eliminating domestic and international 
     counterfeiting and infringement networks.
       (5) Strengthening the capacity of other countries to 
     protect and enforce intellectual property rights, and 
     reducing the number of countries that fail to enforce laws 
     preventing the financing, production, trafficking, and sale 
     of counterfeit and infringing goods.
       (6) Working with other countries to establish international 
     standards and policies for the effective protection and 
     enforcement of intellectual property rights.
       (7) Protecting intellectual property rights overseas by--
       (A) working with other countries and exchanging information 
     with appropriate law enforcement agencies in other countries 
     relating to individuals and entities involved in the 
     financing, production, trafficking, or sale of counterfeit 
     and infringing goods;
       (B) ensuring that the information referred to in 
     subparagraph (A) is provided to appropriate United States law 
     enforcement agencies in order to assist, as warranted, 
     enforcement activities in cooperation with appropriate law 
     enforcement agencies in other countries; and
       (C) building a formal process for consulting with 
     companies, industry associations, labor unions, and other 
     interested groups in other countries with respect to 
     intellectual property enforcement.
       (b) Timing.--Not later than 12 months after the date of the 
     enactment of this Act, and not later than December 31 of 
     every third year thereafter, the IPEC shall submit the joint 
     strategic plan to the Committee on the Judiciary and the 
     Committee on Appropriations of the Senate, and to the 
     Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives.
       (c) Responsibility of the IPEC.--During the development of 
     the joint strategic plan, the IPEC--
       (1) shall provide assistance to, and coordinate the 
     meetings and efforts of, the appropriate officers and 
     employees of departments and agencies represented on the 
     advisory committee appointed under section 301(b)(3) who are 
     involved in intellectual property enforcement; and
       (2) may consult with private sector experts in intellectual 
     property enforcement in furtherance of providing assistance 
     to the members of the advisory committee appointed under 
     section 301(b)(3).
       (d) Responsibilities of Other Departments and Agencies.--In 
     the development and implementation of the joint strategic 
     plan, the heads of the departments and agencies identified 
     under section 301(b)(3) shall--
       (1) designate personnel with expertise and experience in 
     intellectual property enforcement matters to work with the 
     IPEC and other members of the advisory committee; and
       (2) share relevant department or agency information with 
     the IPEC and other members of the advisory committee, 
     including statistical information on the enforcement 
     activities of the department or agency against counterfeiting 
     or infringement, and plans for addressing the joint strategic 
     plan, to the extent permitted by law, including requirements 
     relating to confidentiality and privacy, and to the extent 
     that such sharing of information is consistent with 
     Department of Justice and other law enforcement protocols for 
     handling such information.
       (e) Contents of the Joint Strategic Plan.--Each joint 
     strategic plan shall include the following:
       (1) A description of the priorities identified for carrying 
     out the objectives in the joint strategic plan, including 
     activities of the Federal Government relating to intellectual 
     property enforcement.
       (2) A description of the means to be employed to achieve 
     the priorities, including the means for improving the 
     efficiency and effectiveness of the Federal Government's 
     enforcement efforts against counterfeiting and infringement.
       (3) Estimates of the resources necessary to fulfill the 
     priorities identified under paragraph (1).
       (4) The performance measures to be used to monitor results 
     under the joint strategic plan during the following year.
       (5) An analysis of the threat posed by violations of 
     intellectual property rights, including the costs to the 
     economy of the United States resulting from violations of 
     intellectual property laws, and the threats to public health 
     and safety created by counterfeiting and infringement.
       (6) An identification of the departments and agencies that 
     will be involved in implementing each priority under 
     paragraph (1).
       (7) A strategy for ensuring coordination among the 
     departments and agencies identified under paragraph (6), 
     which will facilitate oversight by the executive branch of, 
     and accountability among, the departments and agencies 
     responsible for carrying out the strategy.
       (8) Such other information as is necessary to convey the 
     costs imposed on the United States economy by, and the 
     threats to public health and safety created by, 
     counterfeiting and infringement, and those steps that the 
     Federal Government intends to take over the period covered by 
     the succeeding joint strategic plan to reduce those costs and 
     counter those threats.
       (f) Enhancing Enforcement Efforts of Foreign Governments.--
     The joint strategic plan shall include programs to provide 
     training and technical assistance to foreign governments for 
     the purpose of enhancing the efforts of such governments to 
     enforce laws against counterfeiting and infringement. With 
     respect to such programs, the joint strategic plan shall--
       (1) seek to enhance the efficiency and consistency with 
     which Federal resources are expended, and seek to minimize 
     duplication, overlap, or inconsistency of efforts;
       (2) identify and give priority to those countries where 
     programs of training and technical assistance can be carried 
     out most effectively and with the greatest benefit to 
     reducing counterfeit and infringing products in the United 
     States market, to protecting the intellectual property rights 
     of United States persons and their licensees, and to 
     protecting the interests of United States persons otherwise 
     harmed by violations of intellectual property rights in those 
     countries;
       (3) in identifying the priorities under paragraph (2), be 
     guided by the list of countries identified by the United 
     States Trade Representative under section 182(a) of the Trade 
     Act of 1974 (19 U.S.C. 2242(a)); and
       (4) develop metrics to measure the effectiveness of the 
     Federal Government's efforts

[[Page S9727]]

     to improve the laws and enforcement practices of foreign 
     governments against counterfeiting and infringement.
       (g) Dissemination of the Joint Strategic Plan.--The joint 
     strategic plan shall be posted for public access on the 
     website of the White House, and shall be disseminated to the 
     public through such other means as the IPEC may identify.

     SEC. 304. REPORTING.

       (a) Annual Report.--Not later than December 31 of each 
     calendar year beginning in 2009, the IPEC shall submit a 
     report on the activities of the advisory committee during the 
     preceding fiscal year. The annual report shall be submitted 
     to Congress, and disseminated to the people of the United 
     States, in the manner specified in subsections (b) and (g) of 
     section 303.
       (b) Contents.--The report required by this section shall 
     include the following:
       (1) The progress made on implementing the strategic plan 
     and on the progress toward fulfillment of the priorities 
     identified under section 303(e)(1).
       (2) The progress made in efforts to encourage Federal, 
     State, and local government departments and agencies to 
     accord higher priority to intellectual property enforcement.
       (3) The progress made in working with foreign countries to 
     investigate, arrest, and prosecute entities and individuals 
     involved in the financing, production, trafficking, and sale 
     of counterfeit and infringing goods.
       (4) The manner in which the relevant departments and 
     agencies are working together and sharing information to 
     strengthen intellectual property enforcement.
       (5) An assessment of the successes and shortcomings of the 
     efforts of the Federal Government, including departments and 
     agencies represented on the committee established under 
     section 301(b)(3).
       (6) Recommendations, if any and as appropriate, for any 
     changes in enforcement statutes, regulations, or funding 
     levels that the advisory committee considers would 
     significantly improve the effectiveness or efficiency of the 
     effort of the Federal Government to combat counterfeiting and 
     infringement and otherwise strengthen intellectual property 
     enforcement, including through the elimination or 
     consolidation of duplicative programs or initiatives.
       (7) The progress made in strengthening the capacity of 
     countries to protect and enforce intellectual property 
     rights.
       (8) The successes and challenges in sharing with other 
     countries information relating to intellectual property 
     enforcement.
       (9) The progress made under trade agreements and treaties 
     to protect intellectual property rights of United States 
     persons and their licensees.
       (10) The progress made in minimizing duplicative efforts, 
     materials, facilities, and procedures of the Federal agencies 
     and Departments responsible for the enforcement, 
     investigation, or prosecution of intellectual property 
     crimes.
       (11) Recommendations, if any and as appropriate, on how to 
     enhance the efficiency and consistency with which Federal 
     funds and resources are expended to enforce, investigate, or 
     prosecute intellectual property crimes, including the extent 
     to which the agencies and Departments responsible for the 
     enforcement, investigation, or prosecution of intellectual 
     property crimes have utilized existing personnel, materials, 
     technologies, and facilities.

     SEC. 305. SAVINGS AND REPEALS.

       (a) Transition From NIPLECC to IPEC.--
       (1) Repeal of niplecc.--Section 653 of the Treasury and 
     General Government Appropriations Act, 2000 (15 U.S.C. 1128) 
     is repealed effective upon confirmation of the IPEC by the 
     Senate and publication of such appointment in the 
     Congressional Record.
       (2) Continuity of performance of duties.--Upon confirmation 
     by the Senate, and notwithstanding paragraph (1), the IPEC 
     may use the services and personnel of the National 
     Intellectual Property Law Enforcement Coordination Council, 
     for such time as is reasonable, to perform any functions or 
     duties which in the discretion of the IPEC are necessary to 
     facilitate the orderly transition of any functions or duties 
     transferred from the Council to the IPEC pursuant to any 
     provision of this Act or any amendment made by this Act.
       (b) Current Authorities Not Affected.--Except as provided 
     in subsection (a), nothing in this title shall alter the 
     authority of any department or agency of the United States 
     (including any independent agency) that relates to--
       (1) the investigation and prosecution of violations of laws 
     that protect intellectual property rights;
       (2) the administrative enforcement, at the borders of the 
     United States, of laws that protect intellectual property 
     rights; or
       (3) the United States trade agreements program or 
     international trade.
       (c) Rules of Construction.--Nothing in this title--
       (1) shall derogate from the powers, duties, and functions 
     of any of the agencies, departments, or other entities listed 
     or included under section 301(b)(3)(A); and
       (2) shall be construed to transfer authority regarding the 
     control, use, or allocation of law enforcement resources, or 
     the initiation or prosecution of individual cases or types of 
     cases, from the responsible law enforcement department or 
     agency.

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     for each fiscal year such sums as may be necessary to carry 
     out this title.

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

     SEC. 401. LOCAL LAW ENFORCEMENT GRANTS.

       (a) Authorization.--Section 2 of the Computer Crime 
     Enforcement Act (42 U.S.C. 3713) is amended--
       (1) in subsection (b), by inserting after ``computer 
     crime'' each place it appears the following: ``, including 
     infringement of copyrighted works over the Internet''; and
       (2) in subsection (e)(1), relating to authorization of 
     appropriations, by striking ``fiscal years 2001 through 
     2004'' and inserting ``fiscal years 2009 through 2013''.
       (b) Grants.--The Office of Justice Programs of the 
     Department of Justice may make grants to eligible State or 
     local law enforcement entities, including law enforcement 
     agencies of municipal governments and public educational 
     institutions, for training, prevention, enforcement, and 
     prosecution of intellectual property theft and infringement 
     crimes (in this subsection referred to as ``IP-TIC grants''), 
     in accordance with the following:
       (1) Use of ip-tic grant amounts.--IP-TIC grants may be used 
     to establish and develop programs to do the following with 
     respect to the enforcement of State and local true name and 
     address laws and State and local criminal laws on anti-
     infringement, anti-counterfeiting, and unlawful acts with 
     respect to goods by reason of their protection by a patent, 
     trademark, service mark, trade secret, or other intellectual 
     property right under State or Federal law:
       (A) Assist State and local law enforcement agencies in 
     enforcing those laws, including by reimbursing State and 
     local entities for expenses incurred in performing 
     enforcement operations, such as overtime payments and storage 
     fees for seized evidence.
       (B) Assist State and local law enforcement agencies in 
     educating the public to prevent, deter, and identify 
     violations of those laws.
       (C) Educate and train State and local law enforcement 
     officers and prosecutors to conduct investigations and 
     forensic analyses of evidence and prosecutions in matters 
     involving those laws.
       (D) Establish task forces that include personnel from State 
     or local law enforcement entities, or both, exclusively to 
     conduct investigations and forensic analyses of evidence and 
     prosecutions in matters involving those laws.
       (E) Assist State and local law enforcement officers and 
     prosecutors in acquiring computer and other equipment to 
     conduct investigations and forensic analyses of evidence in 
     matters involving those laws.
       (F) Facilitate and promote the sharing, with State and 
     local law enforcement officers and prosecutors, of the 
     expertise and information of Federal law enforcement agencies 
     about the investigation, analysis, and prosecution of matters 
     involving those laws and criminal infringement of copyrighted 
     works, including the use of multijurisdictional task forces.
       (2) Eligibility.--To be eligible to receive an IP-TIC 
     grant, a State or local government entity shall provide to 
     the Attorney General, in addition to the information 
     regularly required to be provided under the Financial Guide 
     issued by the Office of Justice Programs and any other 
     information required of Department of Justice's grantees--
       (A) assurances that the State in which the government 
     entity is located has in effect laws described in paragraph 
     (1);
       (B) an assessment of the resource needs of the State or 
     local government entity applying for the grant, including 
     information on the need for reimbursements of base salaries 
     and overtime costs, storage fees, and other expenditures to 
     improve the investigation, prevention, or enforcement of laws 
     described in paragraph (1); and
       (C) a plan for coordinating the programs funded under this 
     section with other federally funded technical assistance and 
     training programs, including directly funded local programs 
     such as the Edward Byrne Memorial Justice Assistance Grant 
     Program authorized by subpart 1 of part E of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3750 et seq.).
       (3) Matching funds.--The Federal share of an IP-TIC grant 
     may not exceed 50 percent of the costs of the program or 
     proposal funded by the IP-TIC grant.
       (4) Authorization of appropriations.--
       (A) Authorization.--There is authorized to be appropriated 
     to carry out this subsection the sum of $25,000,000 for each 
     of fiscal years 2009 through 2013.
       (B) Limitation.--Of the amount made available to carry out 
     this subsection in any fiscal year, not more than 3 percent 
     may be used by the Attorney General for salaries and 
     administrative expenses.

     SEC. 402. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR 
                   ENFORCEMENT OF LAWS RELATED TO INTELLECTUAL 
                   PROPERTY CRIMES.

       (a) In General.--Subject to the availability of 
     appropriations to carry out this subsection, the Attorney 
     General, in consultation with the Director of the Federal 
     Bureau of Investigation, shall, with respect to crimes 
     related to the theft of intellectual property--
       (1) ensure that there are at least 10 additional 
     operational agents of the Federal Bureau of Investigation 
     designated to support the Computer Crime and Intellectual 
     Property Section of the Criminal Division of the Department 
     of Justice in the investigation

[[Page S9728]]

     and coordination of intellectual property crimes;
       (2) ensure that any Computer Hacking and Intellectual 
     Property Crime Unit in the Department of Justice is supported 
     by at least 1 agent of the Federal Bureau of Investigation 
     (in addition to any agent supporting such unit as of the date 
     of the enactment of this Act) to support such unit for the 
     purpose of investigating or prosecuting intellectual property 
     crimes;
       (3) ensure that all Computer Hacking and Intellectual 
     Property Crime Units located at an office of a United States 
     Attorney are assigned at least 2 Assistant United States 
     Attorneys responsible for investigating and prosecuting 
     computer hacking or intellectual property crimes; and
       (4) ensure the implementation of a regular and 
     comprehensive training program--
       (A) the purpose of which is to train agents of the Federal 
     Bureau of Investigation in the investigation and prosecution 
     of such crimes and the enforcement of laws related to 
     intellectual property crimes; and
       (B) that includes relevant forensic training related to 
     investigating and prosecuting intellectual property crimes.
       (b) Organized Crime Plan.--Subject to the availability of 
     appropriations to carry out this subsection, and not later 
     than 180 days after the date of the enactment of this Act, 
     the Attorney General, through the United States Attorneys' 
     Offices, the Computer Crime and Intellectual Property 
     section, and the Organized Crime and Racketeering section of 
     the Department of Justice, and in consultation with the 
     Federal Bureau of Investigation and other Federal law 
     enforcement agencies, such as the Department of Homeland 
     Security, shall create and implement a comprehensive, long-
     range plan to investigate and prosecute international 
     organized crime syndicates engaging in or supporting crimes 
     relating to the theft of intellectual property.
       (c) Authorization.--There are authorized to be appropriated 
     to carry out this section $10,000,000 for each of fiscal 
     years 2009 through 2013.

     SEC. 403. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND 
                   PROSECUTE INTELLECTUAL PROPERTY CRIMES AND 
                   OTHER CRIMINAL ACTIVITY INVOLVING COMPUTERS.

       (a) Additional Funding for Resources.--
       (1) Authorization.--In addition to amounts otherwise 
     authorized for resources to investigate and prosecute 
     intellectual property crimes and other criminal activity 
     involving computers, there are authorized to be appropriated 
     for each of the fiscal years 2009 through 2013--
       (A) $10,000,000 to the Director of the Federal Bureau of 
     Investigation; and
       (B) $10,000,000 to the Attorney General for the Criminal 
     Division of the Department of Justice.
       (2) Availability.--Any amounts appropriated under paragraph 
     (1) shall remain available until expended.
       (b) Use of Additional Funding.--Funds made available under 
     subsection (a) shall be used by the Director of the Federal 
     Bureau of Investigation and the Attorney General, for the 
     Federal Bureau of Investigation and the Criminal Division of 
     the Department of Justice, respectively, to--
       (1) hire and train law enforcement officers to--
       (A) investigate intellectual property crimes and other 
     crimes committed through the use of computers and other 
     information technology, including through the use of the 
     Internet; and
       (B) assist in the prosecution of such crimes; and
       (2) enable relevant units of the Department of Justice, 
     including units responsible for investigating computer 
     hacking or intellectual property crimes, to procure advanced 
     tools of forensic science and expert computer forensic 
     assistance, including from non-governmental entities, to 
     investigate, prosecute, and study such crimes.

     SEC. 404. ANNUAL REPORTS.

       (a) Report of the Attorney General.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Attorney General shall submit a report to 
     Congress on actions taken to carry out this title. The 
     initial report required under this subsection shall be 
     submitted by May 1, 2009. All subsequent annual reports shall 
     be submitted by May 1st of each fiscal year thereafter. The 
     report required under this subsection may be submitted as 
     part of the annual performance report of the Department of 
     Justice, and shall include the following:
       (1) With respect to grants issued under section 401, the 
     number and identity of State and local law enforcement grant 
     applicants, the number of grants issued, the dollar value of 
     each grant, including a break down of such value showing how 
     the recipient used the funds, the specific purpose of each 
     grant, and the reports from recipients of the grants on the 
     efficacy of the program supported by the grant. The 
     Department of Justice shall use the information provided by 
     the grant recipients to produce a statement for each 
     individual grant. Such statement shall state whether each 
     grantee has accomplished the purposes of the grant as 
     established in section 401(b). Those grantees not in 
     compliance with the requirements of this title shall be 
     subject, but not limited to, sanctions as described in the 
     Financial Guide issued by the Office of Justice Programs at 
     the Department of Justice.
       (2) With respect to the additional agents of the Federal 
     Bureau of Investigation authorized under paragraphs (1) and 
     (2) of section 402(a), the number of investigations and 
     actions in which such agents were engaged, the type of each 
     action, the resolution of each action, and any penalties 
     imposed in each action.
       (3) With respect to the training program authorized under 
     section 402(a)(4), the number of agents of the Federal Bureau 
     of Investigation participating in such program, the elements 
     of the training program, and the subject matters covered by 
     the program.
       (4) With respect to the organized crime plan authorized 
     under section 402(b), the number of organized crime 
     investigations and prosecutions resulting from such plan.
       (5) With respect to the authorizations under section 403--
       (A) the number of law enforcement officers hired and the 
     number trained;
       (B) the number and type of investigations and prosecutions 
     resulting from the hiring and training of such law 
     enforcement officers;
       (C) the defendants involved in any such prosecutions;
       (D) any penalties imposed in each such successful 
     prosecution;
       (E) the advanced tools of forensic science procured to 
     investigate, prosecute, and study computer hacking or 
     intellectual property crimes; and
       (F) the number and type of investigations and prosecutions 
     in such tools were used.
       (6) Any other information that the Attorney General may 
     consider relevant to inform Congress on the effective use of 
     the resources authorized under sections 401, 402, and 403.
       (7) A summary of the efforts, activities, and resources the 
     Department of Justice has allocated to the enforcement, 
     investigation, and prosecution of intellectual property 
     crimes, including--
       (A) a review of the policies and efforts of the Department 
     of Justice related to the prevention and investigation of 
     intellectual property crimes, including efforts at the Office 
     of Justice Programs, the Criminal Division of the Department 
     of Justice, the Executive Office of United States Attorneys, 
     the Office of the Attorney General, the Office of the Deputy 
     Attorney General, the Office of Legal Policy, and any other 
     agency or bureau of the Department of Justice whose 
     activities relate to intellectual property;
       (B) a summary of the overall successes and failures of such 
     policies and efforts;
       (C) a review of the investigative and prosecution activity 
     of the Department of Justice with respect to intellectual 
     property crimes, including--
       (i) the number of investigations initiated related to such 
     crimes;
       (ii) the number of arrests related to such crimes; and
       (iii) the number of prosecutions for such crimes, 
     including--

       (I) the number of defendants involved in such prosecutions;
       (II) whether the prosecution resulted in a conviction; and
       (III) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and

       (D) a Department-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.
       (8) A summary of the efforts, activities, and resources 
     that the Department of Justice has taken to--
       (A) minimize duplicating the efforts, materials, 
     facilities, and procedures of any other Federal agency 
     responsible for the enforcement, investigation, or 
     prosecution of intellectual property crimes; and
       (B) enhance the efficiency and consistency with which 
     Federal funds and resources are expended to enforce, 
     investigate, or prosecute intellectual property crimes, 
     including the extent to which the Department has utilized 
     existing personnel, materials, technologies, and facilities.
       (b) Initial Report of the Attorney General.--The first 
     report required to be submitted by the Attorney General under 
     subsection (a) shall include a summary of the efforts, 
     activities, and resources the Department of Justice has 
     allocated in the 5 years prior to the date of enactment of 
     this Act, as well as the 1-year period following such date of 
     enactment, to the enforcement, investigation, and prosecution 
     of intellectual property crimes, including--
       (1) a review of the policies and efforts of the Department 
     of Justice related to the prevention and investigation of 
     intellectual property crimes, including efforts at the Office 
     of Justice Programs, the Criminal Division of the Department 
     of Justice, the Executive Office of United States Attorneys, 
     the Office of the Attorney General, the Office of the Deputy 
     Attorney General, the Office of Legal Policy, and any other 
     agency or bureau of the Department of Justice whose 
     activities relate to intellectual property;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Department of Justice with respect to intellectual 
     property crimes, including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and

[[Page S9729]]

       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Department-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.
       (c) Report of the FBI.--Not later than 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Director of the Federal Bureau of Investigation shall 
     submit a report to Congress on actions taken to carry out 
     this title. The initial report required under this subsection 
     shall be submitted by May 1, 2009. All subsequent annual 
     reports shall be submitted by May 1st of each fiscal year 
     thereafter. The report required under this subsection may be 
     submitted as part of the annual performance report of the 
     Department of Justice, and shall include--
       (1) a review of the policies and efforts of the Bureau 
     related to the prevention and investigation of intellectual 
     property crimes;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Bureau with respect to intellectual property crimes, 
     including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and
       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Bureau-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.
       (d) Initial Report of the FBI.--The first report required 
     to be submitted by the Director of the Federal Bureau of 
     Investigation under subsection (c) shall include a summary of 
     the efforts, activities, and resources the Federal Bureau of 
     Investigation has allocated in the 5 years prior to the date 
     of enactment of this Act, as well as the 1-year period 
     following such date of enactment to the enforcement, 
     investigation, and prosecution of intellectual property 
     crimes, including--
       (1) a review of the policies and efforts of the Bureau 
     related to the prevention and investigation of intellectual 
     property crimes;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Bureau with respect to intellectual property crimes, 
     including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and
       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Bureau-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.

                         TITLE V--MISCELLANEOUS

     SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF 
                   MANUFACTURERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study to help determine how the Federal 
     Government could better protect the intellectual property of 
     manufacturers by quantification of the impacts of imported 
     and domestic counterfeit goods on--
       (1) the manufacturing industry in the United States; and
       (2) the overall economy of the United States.
       (b) Contents.--In conducting the study required under 
     subsection (a), the Comptroller General shall examine--
       (1) the extent that counterfeit manufactured goods are 
     actively being trafficked in and imported into the United 
     States;
       (2) the impacts on domestic manufacturers in the United 
     States of current law regarding defending intellectual 
     property, including patent, trademark, and copyright 
     protections;
       (3) the nature and scope of current statutory law and case 
     law regarding protecting trade dress from being illegally 
     copied;
       (4) the extent which such laws are being used to 
     investigate and prosecute acts of trafficking in counterfeit 
     manufactured goods;
       (5) any effective practices or procedures that are 
     protecting all types of intellectual property; and
       (6) any changes to current statutes or rules that would 
     need to be implemented to more effectively protect the 
     intellectual property rights of manufacturers.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study required 
     under subsection (a).

     SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND 
                   EFFICIENCY.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General shall conduct an audit and 
     submit a report to the Committee on the Judiciary of the 
     Senate and to the Committee on the Judiciary of the House of 
     Representatives on--
       (1) the efforts, activities, and actions of the 
     Intellectual Property Enforcement Coordinator and the 
     Attorney General in achieving the goals and purposes of this 
     Act, as well as in carrying out any responsibilities or 
     duties assigned to each such individual or agency under this 
     Act;
       (2) any possible legislative, administrative, or regulatory 
     changes that Comptroller General recommends be taken by or on 
     behalf of the Intellectual Property Enforcement Coordinator 
     or the Attorney General to better achieve such goals and 
     purposes, and to more effectively carry out such 
     responsibilities and duties;
       (3) the effectiveness of any actions taken and efforts made 
     by the Intellectual Property Enforcement Coordinator and the 
     Attorney General to--
       (A) minimize duplicating the efforts, materials, 
     facilities, and procedures of any other Federal agency 
     responsible for the enforcement, investigation, or 
     prosecution of intellectual property crimes; and
       (B) enhance the efficiency and consistency with which 
     Federal funds and resources are expended to enforce, 
     investigate, or prosecute intellectual property crimes, 
     including whether the IPEC has utilized existing personnel, 
     materials, technologies, and facilities, such as the National 
     Intellectual Property Rights Coordination Center established 
     at the Department of Homeland Security; and
       (4) any actions or efforts that the Comptroller General 
     recommends be taken by or on behalf of the Intellectual 
     Property Enforcement Coordinator and the Attorney General to 
     reduce duplication of efforts and increase the efficiency and 
     consistency with which Federal funds and resources are 
     expended to enforce, investigate, or prosecute intellectual 
     property crimes.

     SEC. 503. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States intellectual property industries have 
     created millions of high-skill, high-paying United States 
     jobs and pay billions of dollars in annual United States tax 
     revenues;
       (2) the United States intellectual property industries 
     continue to represent a major source of creativity and 
     innovation, business start-ups, skilled job creation, 
     exports, economic growth, and competitiveness;
       (3) counterfeiting and infringement results in billions of 
     dollars in lost revenue for United States companies each year 
     and even greater losses to the United States economy in terms 
     of reduced job growth, exports, and competitiveness;
       (4) the growing number of willful violations of existing 
     Federal criminal laws involving counterfeiting and 
     infringement by actors in the United States and, 
     increasingly, by foreign-based individuals and entities is a 
     serious threat to the long-term vitality of the United States 
     economy and the future competitiveness of United States 
     industry;
       (5) terrorists and organized crime utilize piracy, 
     counterfeiting, and infringement to fund some of their 
     activities;
       (6) effective criminal enforcement of the intellectual 
     property laws against violations in all categories of works 
     should be among the highest priorities of the Attorney 
     General;
       (7) with respect to all crimes related to the theft of 
     intellectual property, the Attorney General shall give 
     priority to cases with a nexus to terrorism and organized 
     crime; and
       (8) with respect to criminal counterfeiting and 
     infringement of computer software, including those by 
     foreign-owned or foreign-controlled entities, the Attorney 
     General should give priority to cases--
       (A) involving the willful theft of intellectual property 
     for purposes of commercial advantage or private financial 
     gain;
       (B) where the theft of intellectual property is central to 
     the sustainability and viability of the commercial activity 
     of the enterprise (or subsidiary) involved in the violation;
       (C) where the counterfeited or infringing goods or services 
     enables the enterprise to unfairly compete against the 
     legitimate rights holder; or
       (D) where there is actual knowledge of the theft of 
     intellectual property by the directors or officers of the 
     enterprise.
                                 ______
                                 
  SA 5656. Mr. LEAHY (for Mr. Kennedy) proposed an amendment to the 
bill S. 2304, to amend title I of the Omnibus Crime Control and Safe 
Streets

[[Page S9730]]

Act of 1968 to provide grants for the improved mental health treatment 
and services provided to offenders with mental illnesses, and for other 
purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Mentally 
     Ill Offender Treatment and Crime Reduction Reauthorization 
     and Improvement Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program 
              Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement 
              grants.
Sec. 5. Examination and report on prevalence of mentally ill offenders.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Communities nationwide are struggling to respond to the 
     high numbers of people with mental illnesses involved at all 
     points in the criminal justice system.
       (2) A 1999 study by the Department of Justice estimated 
     that 16 percent of people incarcerated in prisons and jails 
     in the United States, which is more than 300,000 people, 
     suffer from mental illnesses.
       (3) Los Angeles County Jail and New York's Rikers Island 
     jail complex hold more people with mental illnesses than the 
     largest psychiatric inpatient facilities in the United 
     States.
       (4) State prisoners with a mental health problem are twice 
     as likely as those without a mental health problem to have 
     been homeless in the year before their arrest.

     SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE 
                   COLLABORATION PROGRAM GRANTS.

       (a) Authorization of Appropriations Through 2014.--Section 
     2991(h) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--
       (1) in paragraph (1), by striking at the end ``and'';
       (2) in paragraph (2), by striking ``for fiscal years 2006 
     through 2009.'' and inserting ``for each of the fiscal years 
     2006 and 2007; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) $50,000,000 for each of the fiscal years 2009 through 
     2014.''.
       (b) Allocation of Funding for Administrative Purposes.--
     Section 2991(h) of such title is further amended--
       (1) by redesignating paragraphs (1), (2), and (3) (as added 
     by subsection (a)(3)) as subparagraphs (A), (B), and (C), 
     respectively, and adjusting the margins accordingly;
       (2) by striking ``There are authorized'' and inserting 
     ``(1) In general.--There are authorized''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Allocation of Funding for Administrative Purposes.--
     For fiscal year 2009 and each subsequent fiscal year, of the 
     amounts authorized under paragraph (1) for such fiscal year, 
     the Attorney General may obligate not more than 3 percent for 
     the administrative expenses of the Attorney General in 
     carrying out this section for such fiscal year.''.
       (c) Additional Applications Receiving Priority.--Subsection 
     (c) of such section is amended to read as follows:
       ``(c) Priority.--The Attorney General, in awarding funds 
     under this section, shall give priority to applications 
     that--
       ``(1) promote effective strategies by law enforcement to 
     identify and to reduce risk of harm to mentally ill offenders 
     and public safety;
       ``(2) promote effective strategies for identification and 
     treatment of female mentally ill offenders;
       ``(3) promote effective strategies to expand the use of 
     mental health courts, including the use of pretrial services 
     and related treatment programs for offenders; or
       ``(4)(A) demonstrate the strongest commitment to ensuring 
     that such funds are used to promote both public health and 
     public safety;
       ``(B) demonstrate the active participation of each co-
     applicant in the administration of the collaboration program;
       ``(C) document, in the case of an application for a grant 
     to be used in whole or in part to fund treatment services for 
     adults or juveniles during periods of incarceration or 
     detention, that treatment programs will be available to 
     provide transition and reentry services for such individuals; 
     and
       ``(D) have the support of both the Attorney General and the 
     Secretary.''.

     SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
                   IMPROVEMENT GRANTS.

       Section 2991 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
       (1) redesignating subsection (h) as subsection (i); and
       (2) inserting after subsection (g) the following:
       ``(h) Law Enforcement Response to Mentally Ill Offenders 
     Improvement Grants.--
       ``(1) Authorization.--The Attorney General is authorized to 
     make grants under this section to States, units of local 
     government, Indian tribes, and tribal organizations for the 
     following purposes:
       ``(A) Training programs.--To provide for programs that 
     offer law enforcement personnel specialized and comprehensive 
     training in procedures to identify and respond appropriately 
     to incidents in which the unique needs of individuals with 
     mental illnesses are involved.
       ``(B) Receiving centers.--To provide for the development of 
     specialized receiving centers to assess individuals in the 
     custody of law enforcement personnel for suicide risk and 
     mental health and substance abuse treatment needs.
       ``(C) Improved technology.--To provide for computerized 
     information systems (or to improve existing systems) to 
     provide timely information to law enforcement personnel and 
     criminal justice system personnel to improve the response of 
     such respective personnel to mentally ill offenders.
       ``(D) Cooperative programs.--To provide for the 
     establishment and expansion of cooperative efforts by 
     criminal and juvenile justice agencies and mental health 
     agencies to promote public safety through the use of 
     effective intervention with respect to mentally ill 
     offenders.
       ``(E) Campus security personnel training.--To provide for 
     programs that offer campus security personnel training in 
     procedures to identify and respond appropriately to incidents 
     in which the unique needs of individuals with mental 
     illnesses are involved.
       ``(2) BJA training models.--For purposes of paragraph 
     (1)(A), the Director of the Bureau of Justice Assistance 
     shall develop training models for training law enforcement 
     personnel in procedures to identify and respond appropriately 
     to incidents in which the unique needs of individuals with 
     mental illnesses are involved, including suicide prevention.
       ``(3) Matching funds.--The Federal share of funds for a 
     program funded by a grant received under this subsection may 
     not exceed 50 percent of the costs of the program. The non-
     Federal share of payments made for such a program may be made 
     in cash or in-kind fairly evaluated, including planned 
     equipment or services.''.

     SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL 
                   OFFENDERS.

       (a) In General.--
       (1) In general.--The Attorney General shall examine and 
     report on mental illness and the criminal justice system.
       (2) Scope.--Congress encourages the Attorney General to 
     specifically examine the following:
       (A) Populations.--The rate of occurrence of serious mental 
     illnesses in each of the following populations:
       (i) Individuals, including juveniles, on probation.
       (ii) Individuals, including juveniles, incarcerated in a 
     jail.
       (iii) Individuals, including juveniles, incarcerated in a 
     prison.
       (iv) Individuals, including juveniles, on parole.
       (B) Benefits.--The percentage of individuals in each 
     population described in subparagraph (A) who have--
       (i) a serious mental illness; and
       (ii) received disability benefits under title II or title 
     XVI of the Social Security Act (42 U.S.C. 401 et seq. and 
     1381 et seq.).
       (b) Report.--Not later than 36 months after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     Congress the report described in subsection (a).
       (c) Definitions.--In this section--
       (1) the term ``serious mental illness'' means that an 
     individual has, or at any time during the 1-year period 
     ending on the date of enactment of this Act had, a covered 
     mental, behavioral, or emotional disorder; and
       (2) the term ``covered mental, behavioral, or emotional 
     disorder''--
       (A) means a diagnosable mental, behavioral, or emotional 
     disorder of sufficient duration to meet diagnostic criteria 
     specified within the Diagnostic and Statistical Manual of 
     Mental Disorders, Fourth Edition, or the International 
     Classification of Diseases, Ninth Revision, Clinical 
     Modification equivalent of the Diagnostic and Statistical 
     Manual of Mental Disorders, Fourth Edition; and
       (B) does not include a disorder that has a V code within 
     the Diagnostic and Statistical Manual of Mental Disorders, 
     Fourth Edition, a substance use disorder, or a developmental 
     disorder, unless that disorder cooccurs with another disorder 
     described in subparagraph (A) and causes functional 
     impairment which substantially interferes with or limits 1 or 
     more major life activities.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     2009.
                                 ______
                                 
  SA 5657. Mr. NELSON of Florida (for Mr. Lieberman (for himself and 
Mr. Pryor)) proposed an amendment to the bill S. 2382, to require the 
Administrator of the Federal Emergency Management Agency to quickly and 
fairly address the abundance of surplus manufactured housing units 
stored by the Federal Government around the country at taxpayer 
expense; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``FEMA 
     Accountability Act of 2008''.
       (b) Definitions.--In this Act--

[[Page S9731]]

       (1) the term ``Administrator'' means the Administrator of 
     FEMA;
       (2) the terms ``emergency'' and ``major disaster'' have the 
     meanings given such terms in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122); and
       (3) the term ``FEMA'' means the Federal Emergency 
     Management Agency.

     SEC. 2. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING 
                   UNITS.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Administrator shall--
       (1) complete an assessment to determine the number of 
     temporary housing units purchased by FEMA that FEMA needs to 
     maintain in stock to respond appropriately to emergencies or 
     major disasters occurring after the date of enactment of this 
     Act; and
       (2) establish criteria for determining whether the 
     individual temporary housing units stored by FEMA are in 
     usable condition, which shall include appropriate criteria 
     for formaldehyde testing and exposure of the individual 
     temporary housing units.
       (b) Plan.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall establish a 
     plan for--
       (A) storing the number of temporary housing units that the 
     Administrator has determined under subsection (a)(1) that 
     FEMA needs to maintain in stock;
       (B) selling, transferring, or otherwise disposing of the 
     temporary housing units in the inventory of FEMA that--
       (i) are in excess of the number of temporary housing units 
     that the Administrator has determined under subsection (a)(1) 
     that FEMA needs to maintain in stock; and
       (ii) are in usable condition, based on the criteria 
     established under subsection (a)(2); and
       (C) disposing of the temporary housing units in the 
     inventory of FEMA that the Administrator determines are not 
     in usable condition, based on the criteria established under 
     subsection (a)(2).
       (2) Applicability of disposal requirements.--The plan 
     established under paragraph (1) shall be subject to the 
     requirements of section 408(d)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(d)(2)) and other applicable provisions of law.
       (c) Implementation.--Not later than 9 months after the date 
     of enactment of this Act, the Administrator shall implement 
     the plan described in subsection (b).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of the Senate and the House of 
     Representatives a report on the status of the distribution, 
     sale, transfer, or other disposal of the unused temporary 
     housing units purchased by FEMA.
                                 ______
                                 
  SA 5658. Mr. NELSON of Florida (for Ms. Klobuchar (for herself, Mr. 
Isakson, Mr. Wicker, Mr. Brown, Ms. Collins, and Mr. Harkin)) proposed 
an amendment to the bill H.R. 5265, to amend the Public Health Service 
Act to provide for research with respect to various forms of muscular 
dystrophy, including Becker, congenital, distal, Duchenne, Emery-
Dreifuss facioscapulohumeral, limb-girdle, myotonic, and 
oculopharyngeal, muscular dystrophies; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Paul D. Wellstone Muscular 
     Dystrophy Community Assistance, Research, and Education 
     Amendments of 2008''.

     SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF 
                   ACTIVITIES OF NIH WITH RESPECT TO RESEARCH ON 
                   MUSCULAR DYSTROPHY.

       (a) Technical Correction.--Section 404E of the Public 
     Health Service Act (42 U.S.C. 283g) is amended by striking 
     subsection (f) (relating to reports to Congress) and 
     redesignating subsection (g) as subsection (f).
       (b) Amendments.--Section 404E of the Public Health Service 
     Act (42 U.S.C. 283g) is amended--
       (1) in subsection (a)(1), by inserting ``the National 
     Heart, Lung, and Blood Institute,'' after ``the Eunice 
     Kennedy Shriver National Institute of Child Health and Human 
     Development,'';
       (2) in subsection (b)(1), by adding at the end of the 
     following: ``Such centers of excellence shall be known as the 
     `Paul D. Wellstone Muscular Dystrophy Cooperative Research 
     Centers'.''; and
       (3) by adding at the end the following:
       ``(g) Clinical Research.--The Coordinating Committee may 
     evaluate the potential need to enhance the clinical research 
     infrastructure required to test emerging therapies for the 
     various forms of muscular dystrophy by prioritizing the 
     achievement of the goals related to this topic in the plan 
     under subsection (e)(1).''.

     SEC. 3. DEVELOPMENT AND EXPANSION OF ACTIVITIES OF CDC WITH 
                   RESPECT TO EPIDEMIOLOGICAL RESEARCH ON MUSCULAR 
                   DYSTROPHY.

       Section 317Q of the Public Health Service Act (42 U.S.C. 
     247b-18) is amended--
       (1) by redesignating subsection (d) as subsection (f); and
       (2) by inserting after subsection (c) the following:
       ``(d) Data.--In carrying out this section, the Secretary 
     may ensure that any data on patients that is collected as 
     part of the Muscular Dystrophy STARnet (under a grant under 
     this section) is regularly updated to reflect changes in 
     patient condition over time.
       ``(e) Reports and Study.--
       ``(1) Annual report.--Not later than 18 months after the 
     date of the enactment of the Paul D. Wellstone Muscular 
     Dystrophy Community Assistance, Research, and Education 
     Amendments of 2008, and annually thereafter, the Director of 
     the Centers for Disease Control and Prevention shall submit 
     to the appropriate committees of the Congress a report--
       ``(A) concerning the activities carried out by MD STARnet 
     site funded under this section during the year for which the 
     report is prepared;
       ``(B) containing the data collected and findings derived 
     from the MD STARnet sites each fiscal year (as funded under a 
     grant under this section during fiscal years 2008 through 
     2012); and
       ``(C) that every 2 years outlines prospective data 
     collection objectives and strategies.
       ``(2) Tracking health outcomes.--The Secretary may provide 
     health outcome data on the health and survival of people with 
     muscular dystrophy.''.

     SEC. 4. INFORMATION AND EDUCATION.

       Section 5 of the Muscular Dystrophy Community Assistance, 
     Research and Education Amendments of 2001 (42 U.S.C. 247b-19) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Requirements.--In carrying out this section, the 
     Secretary may--
       ``(1) partner with leaders in the muscular dystrophy 
     patient community;
       ``(2) cooperate with professional organizations and the 
     patient community in the development and issuance of care 
     considerations for Duchenne-Becker muscular dystrophy, and 
     other forms of muscular dystrophy, and in periodic review and 
     updates, as appropriate; and
       ``(3) widely disseminate the Duchenne-Becker muscular 
     dystrophy and other forms of muscular dystrophy care 
     considerations as broadly as possible, including through 
     partnership opportunities with the muscular dystrophy patient 
     community.''.
                                 ______
                                 
  SA 5659. Ms. SNOWE (for herself, Mr. Sununu, Mr. Gregg, Mr. Kennedy, 
Mr. Kerry, Ms. Colling, Mr. Reed, and Mr. Whitehouse) submitted an 
amendment intended to be proposed by her to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 9, line 14, of division B, beginning with ``among 
     eligible'' strike through line 20 and insert ``for necessary 
     expenses related to economic impacts associated with 
     commercial fishery failures, fishery resource disasters, and 
     regulations on commercial fishing industries.''.
                                 ______
                                 
  SA 5660. Mr. REID proposed an amendment to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       At the end, add the following: The provisions of this Act 
     shall become effective 2 days after enactment.
                                 ______
                                 
  SA 5661. Mr. REID proposed an amendment to the amendment SA 5660 
proposed by Mr. Reid to the bill H.R. 2638, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       In the amendment, strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 5662. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5151, to designate as wilderness additional 
National Forest System lands in the Monongahela National Forest in the 
State of West Virginia, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Omnibus 
     Public Land Management Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

   TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM

                Subtitle A--Wild Monongahela Wilderness

Sec. 1001. Designation of wilderness, Monongahela National Forest, West 
              Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, 
              Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.

[[Page S9732]]

            Subtitle B--Virginia Ridge and Valley Wilderness

Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in 
              Jefferson National Forest, Virginia, as wilderness or a 
              wilderness study area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, 
              Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson 
              National Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.

                Subtitle C--Mt. Hood Wilderness, Oregon

Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection 
              in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and 
              Cultus Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.

              Subtitle D--Copper Salmon Wilderness, Oregon

Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.

         Subtitle E--Cascade-Siskiyou National Monument, Oregon

Sec. 1401. Definitions.
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.

               Subtitle F--Owyhee Public Land Management

Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.

              Subtitle G--Sabinoso Wilderness, New Mexico

Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.

        Subtitle H--Pictured Rocks National Lakeshore Wilderness

Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.

                 Subtitle I--Oregon Badlands Wilderness

Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.

              Subtitle J--Spring Basin Wilderness, Oregon

Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.

    Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness, 
                               California

Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.

          Subtitle L--Riverside County Wilderness, California

Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County, 
              California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San 
              Jacinto Mountains National Monument.

    Subtitle M--Sequoia and Kings Canyon National Parks Wilderness, 
                               California

Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.

     Subtitle N--Rocky Mountain National Park Wilderness, Colorado

Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.

           TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

           Subtitle A--National Landscape Conservation System

Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.

          Subtitle B--Prehistoric Trackways National Monument

Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.

  Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area

Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National 
              Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.

    Subtitle D--Snake River Birds of Prey National Conservation Area

Sec. 2301. Snake River Birds of Prey National Conservation Area.

       Subtitle E--Dominguez-Escalante National Conservation Area

Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.

          Subtitle F--Rio Puerco Watershed Management Program

Sec. 2501. Rio Puerco Watershed Management Program.

               Subtitle G--Land Conveyances and Exchanges

Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno, 
              Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.

                TITLE III--FOREST SERVICE AUTHORIZATIONS

           Subtitle A--Watershed Restoration and Enhancement

Sec. 3001. Watershed restoration and enhancement agreements.

                Subtitle B--Wildland Firefighter Safety

Sec. 3101. Wildland firefighter safety.

                       Subtitle C--Wyoming Range

Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or 
              leasing rights in the Wyoming range.

               Subtitle D--Land Conveyances and Exchanges

Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, 
              Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park 
              Land Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return 
              Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.

            Subtitle E--Colorado Northern Front Range Study

Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.

                 TITLE IV--FOREST LANDSCAPE RESTORATION

Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.

                       TITLE V--RIVERS AND TRAILS

  Subtitle A--Additions to the National Wild and Scenic Rivers System

Sec. 5001. Fossil Creek, Arizona.

[[Page S9733]]

Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.

               Subtitle B--Wild and Scenic Rivers Studies

Sec. 5101. Missisquoi and Trout Rivers Study.

          Subtitle C--Additions to the National Trails System

Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic 
              Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.

              Subtitle D--National Trail System Amendments

Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing 
              national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.

          TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

          Subtitle A--Cooperative Watershed Management Program

Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.

     Subtitle B--Competitive Status for Federal Employees in Alaska

Sec. 6101. Competitive status for certain Federal employees in the 
              State of Alaska.

      Subtitle C--Management of the Baca National Wildlife Refuge

Sec. 6201. Baca National Wildlife Refuge.

           Subtitle D--Paleontological Resources Preservation

Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.

       Subtitle E--Izembek National Wildlife Refuge Land Exchange

Sec. 6401. Definitions.
Sec. 6402. Land exchange.
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.

         Subtitle F--Wolf Livestock Loss Demonstration Project

Sec. 6501. Definitions.
Sec. 6502. Wolf compensation and prevention program.
Sec. 6503. Authorization of appropriations.

            TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           Subtitle A--Additions to the National Park System

Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic 
              Site.
Sec. 7003. River Raisin National Battlefield Park.

  Subtitle B--Amendments to Existing Units of the National Park System

Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir 
              Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary 
              expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary 
              adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women's Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Wright Brothers-Dunbar National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.

                  Subtitle C--Special Resource Studies

Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Geronimo, Puerto Rico.

                   Subtitle D--Program Authorizations

Sec. 7301. American Battlefield Protection Program.
Sec. 7302. Preserve America Program.
Sec. 7303. Save America's Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.

                    Subtitle E--Advisory Commissions

Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. National Park System Advisory Board.
Sec. 7404. Concessions Management Advisory Board.
Sec. 7405. St. Augustine 450th Commemoration Commission.

                         Subtitle F--Memorials

Sec. 7501. Reauthorization of memorial to Martin Luther King, Jr.

                  TITLE VIII--NATIONAL HERITAGE AREAS

           Subtitle A--Designation of National Heritage Areas

Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom's Way National Heritage Area, Massachusetts and New 
              Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, 
              Alaska.

                          Subtitle B--Studies

Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.

     Subtitle C--Amendments Relating to National Heritage Corridors

Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage 
              Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage 
              Corridor.

             TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

                    Subtitle A--Feasibility Studies

Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.

                   Subtitle B--Project Authorizations

Sec. 9101. Tumalo Irrigation District Water Conservation Project, 
              Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho Cailfornia Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River Basin Fund.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.

             Subtitle C--Title Transfers and Clarifications

Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title 
              clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.

             Subtitle D--San Gabriel Basin Restoration Fund

Sec. 9301. Restoration Fund.

  Subtitle E--Lower Colorado River Multi-Species Conservation Program

Sec. 9401. Definitions.

[[Page S9734]]

Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.

                        Subtitle F--Secure Water

Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Climate change adaptation program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.

                    Subtitle G--Aging Infrastructure

Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and 
              technical assistance to transferred works operating 
              entities.
Sec. 9603. Extraordinary operation and maintenance work performed by 
              the Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
Sec. 9606. Loan guarantee finance demonstration program.

                       TITLE X--WATER SETTLEMENTS

          Subtitle A--San Joaquin River Restoration Settlement

          PART I--San Joaquin River Restoration Settlement Act

Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of 
              construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.

              PART II--Study to Develop Water Plan; Report

Sec. 10101. Study to develop water plan; report.

                 PART III--Friant Division Improvements

Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.

        Subtitle B--Northwestern New Mexico Rural Water Projects

Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.

PART I--Amendments to the Colorado River Storage Project Act and Public 
                               Law 87-483

Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87-483.
Sec. 10403. Effect on Federal water law.

              PART II--Reclamation Water Settlements Fund

Sec. 10501. Reclamation Water Settlements Fund.

              PART III--Navajo-Gallup Water Supply Project

Sec. 10601. Purposes.
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project 
              water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.

                  PART IV--Navajo Nation Water Rights

Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.

        TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS

Sec. 11001. Reauthorization of the National Geologic Mapping Act of 
              1992.
Sec. 11002. New Mexico water resources study.

                        TITLE XII--MISCELLANEOUS

Sec. 12001. Management and distribution of North Dakota trust funds.
Sec. 12002. Amendments to the Fisheries Restoration and Irrigation 
              Mitigation Act of 2000.
Sec. 12003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 12004. Additional Assistant Secretary for Department of Energy.
Sec. 12005. Lovelace Respiratory Research Institute.
Sec. 12006. Authorization of appropriations for National Tropical 
              Botanical Garden.

   TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM

                Subtitle A--Wild Monongahela Wilderness

     SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL 
                   FOREST, WEST VIRGINIA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the following 
     Federal lands within the Monongahela National Forest in the 
     State of West Virginia are designated as wilderness and as 
     either a new component of the National Wilderness 
     Preservation System or as an addition to an existing 
     component of the National Wilderness Preservation System:
       (1) Certain Federal land comprising approximately 5,144 
     acres, as generally depicted on the map entitled ``Big Draft 
     Proposed Wilderness'' and dated March 11, 2008, which shall 
     be known as the ``Big Draft Wilderness''.
       (2) Certain Federal land comprising approximately 11,951 
     acres, as generally depicted on the map entitled ``Cranberry 
     Expansion Proposed Wilderness'' and dated March 11, 2008, 
     which shall be added to and administered as part of the 
     Cranberry Wilderness designated by section 1(1) of Public Law 
     97-466 (96 Stat. 2538).
       (3) Certain Federal land comprising approximately 7,156 
     acres, as generally depicted on the map entitled ``Dolly Sods 
     Expansion Proposed Wilderness'' and dated March 11, 2008, 
     which shall be added to and administered as part of the Dolly 
     Sods Wilderness designated by section 3(a)(13) of Public Law 
     93-622 (88 Stat. 2098).
       (4) Certain Federal land comprising approximately 698 
     acres, as generally depicted on the map entitled ``Otter 
     Creek Expansion Proposed Wilderness'' and dated March 11, 
     2008, which shall be added to and administered as part of the 
     Otter Creek Wilderness designated by section 3(a)(14) of 
     Public Law 93-622 (88 Stat. 2098).
       (5) Certain Federal land comprising approximately 6,792 
     acres, as generally depicted on the map entitled ``Roaring 
     Plains Proposed Wilderness'' and dated March 11, 2008, which 
     shall be known as the ``Roaring Plains West Wilderness''.
       (6) Certain Federal land comprising approximately 6,030 
     acres, as generally depicted on the map entitled ``Spice Run 
     Proposed Wilderness'' and dated March 11, 2008, which shall 
     be known as the ``Spice Run Wilderness''.
       (b) Maps and Legal Description.--
       (1) Filing and availability.--As soon as practicable after 
     the date of the enactment of this Act, the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     shall file with the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a map and legal description 
     of each wilderness area designated or expanded by subsection 
     (a). The maps and legal descriptions shall be on file and 
     available for public inspection in the office of the Chief of 
     the Forest Service and the office of the Supervisor of the 
     Monongahela National Forest.
       (2) Force and effect.--The maps and legal descriptions 
     referred to in this subsection shall have the same force and 
     effect as if included in this subtitle, except that the 
     Secretary may correct errors in the maps and descriptions.
       (c) Administration.--Subject to valid existing rights, the 
     Federal lands designated as wilderness by subsection (a) 
     shall be administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may 
     continue to authorize the competitive running event permitted 
     from 2003 through 2007 in the vicinity of the boundaries of 
     the Dolly Sods Wilderness addition designated by paragraph 
     (3) of subsection (a) and the Roaring Plains West Wilderness 
     Area designated by paragraph (5) of such subsection, in a 
     manner compatible with the preservation of such areas as 
     wilderness.
       (d) Effective Date of Wilderness Act.--With respect to the 
     Federal lands designated as wilderness by subsection (a), any 
     reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to 
     the effective date of the Wilderness Act shall be deemed to 
     be a reference to the date of the enactment of this Act.
       (e) Fish and Wildlife.--As provided in section 4(d)(7) of 
     the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section affects the jurisdiction or responsibility of the 
     State of West Virginia with respect to wildlife and fish.

     SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, 
                   MONONGAHELA NATIONAL FOREST.

       (a) Boundary Adjustment.--The boundary of the Laurel Fork 
     South Wilderness designated by section 1(3) of Public Law 97-
     466 (96 Stat. 2538) is modified to exclude two parcels of 
     land, as generally depicted on the map entitled ``Monongahela 
     National Forest Laurel Fork South Wilderness Boundary 
     Modification'' and dated March 11, 2008, and more 
     particularly described according to the site-specific maps 
     and legal descriptions on file in the office of the Forest 
     Supervisor, Monongahela National Forest. The general map 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service.
       (b) Management.--Federally owned land delineated on the 
     maps referred to in subsection (a) as the Laurel Fork South 
     Wilderness, as modified by such subsection, shall

[[Page S9735]]

     continue to be administered by the Secretary of Agriculture 
     in accordance with Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.

       (a) In General.--The boundary of the Monongahela National 
     Forest is confirmed to include the tracts of land as 
     generally depicted on the map entitled ``Monongahela National 
     Forest Boundary Confirmation'' and dated March 13, 2008, and 
     all Federal lands under the jurisdiction of the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     encompassed within such boundary shall be managed under the 
     laws and regulations pertaining to the National Forest 
     System.
       (b) Land and Water Conservation Fund.--For the purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-9), the boundaries of the Monongahela 
     National Forest, as confirmed by subsection (a), shall be 
     considered to be the boundaries of the Monongahela National 
     Forest as of January 1, 1965.

     SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.

       (a) Plan.--
       (1) In general.--The Secretary of Agriculture, in 
     consultation with interested parties, shall develop a plan to 
     provide for enhanced nonmotorized recreation trail 
     opportunities on lands not designated as wilderness within 
     the Monongahela National Forest.
       (2) Nonmotorized recreation trail defined.--For the 
     purposes of this subsection, the term ``nonmotorized 
     recreation trail'' means a trail designed for hiking, 
     bicycling, and equestrian use.
       (b) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to Congress a report on the implementation of the plan 
     required under subsection (a), including the identification 
     of priority trails for development.
       (c) Consideration of Conversion of Forest Roads to 
     Recreational Uses.--In considering possible closure and 
     decommissioning of a Forest Service road within the 
     Monongahela National Forest after the date of the enactment 
     of this Act, the Secretary of Agriculture, in accordance with 
     applicable law, may consider converting the road to 
     nonmotorized uses to enhance recreational opportunities 
     within the Monongahela National Forest.

            Subtitle B--Virginia Ridge and Valley Wilderness

     SEC. 1101. DEFINITIONS.

       In this subtitle:
       (1) Scenic areas.--The term ``scenic areas'' means the Seng 
     Mountain National Scenic Area and the Bear Creek National 
     Scenic Area.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM 
                   LAND IN JEFFERSON NATIONAL FOREST, VIRGINIA, AS 
                   WILDERNESS OR A WILDERNESS STUDY AREA.

       (a) Designation of Wilderness.--Section 1 of Public Law 
     100-326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), 
     is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``System--'' and inserting ``System:'';
       (2) by striking ``certain'' each place it appears and 
     inserting ``Certain'';
       (3) in each of paragraphs (1) through (6), by striking the 
     semicolon at the end and inserting a period;
       (4) in paragraph (7), by striking ``; and'' and inserting a 
     period; and
       (5) by adding at the end the following:
       ``(9) Certain land in the Jefferson National Forest 
     comprising approximately 3,743 acres, as generally depicted 
     on the map entitled `Brush Mountain and Brush Mountain East' 
     and dated May 5, 2008, which shall be known as the `Brush 
     Mountain East Wilderness'.
       ``(10) Certain land in the Jefferson National Forest 
     comprising approximately 4,794 acres, as generally depicted 
     on the map entitled `Brush Mountain and Brush Mountain East' 
     and dated May 5, 2008, which shall be known as the `Brush 
     Mountain Wilderness'.
       ``(11) Certain land in the Jefferson National Forest 
     comprising approximately 4,223 acres, as generally depicted 
     on the map entitled `Seng Mountain and Raccoon Branch' and 
     dated April 28, 2008, which shall be known as the `Raccoon 
     Branch Wilderness'.
       ``(12) Certain land in the Jefferson National Forest 
     comprising approximately 3,270 acres, as generally depicted 
     on the map entitled `Stone Mountain' and dated April 28, 
     2008, which shall be known as the `Stone Mountain 
     Wilderness'.
       ``(13) Certain land in the Jefferson National Forest 
     comprising approximately 8,470 acres, as generally depicted 
     on the map entitled `Garden Mountain and Hunting Camp Creek' 
     and dated April 28, 2008, which shall be known as the 
     `Hunting Camp Creek Wilderness'.
       ``(14) Certain land in the Jefferson National Forest 
     comprising approximately 3,291 acres, as generally depicted 
     on the map entitled `Garden Mountain and Hunting Camp Creek' 
     and dated April 28, 2008, which shall be known as the `Garden 
     Mountain Wilderness'.
       ``(15) Certain land in the Jefferson National Forest 
     comprising approximately 5,476 acres, as generally depicted 
     on the map entitled `Mountain Lake Additions' and dated April 
     28, 2008, which is incorporated in the Mountain Lake 
     Wilderness designated by section 2(6) of the Virginia 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     586).
       ``(16) Certain land in the Jefferson National Forest 
     comprising approximately 308 acres, as generally depicted on 
     the map entitled `Lewis Fork Addition and Little Wilson Creek 
     Additions' and dated April 28, 2008, which is incorporated in 
     the Lewis Fork Wilderness designated by section 2(3) of the 
     Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public 
     Law 98-586).
       ``(17) Certain land in the Jefferson National Forest 
     comprising approximately 1,845 acres, as generally depicted 
     on the map entitled `Lewis Fork Addition and Little Wilson 
     Creek Additions' and dated April 28, 2008, which is 
     incorporated in the Little Wilson Creek Wilderness designated 
     by section 2(5) of the Virginia Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-586).
       ``(18) Certain land in the Jefferson National Forest 
     comprising approximately 2,219 acres, as generally depicted 
     on the map entitled `Shawvers Run Additions' and dated April 
     28, 2008, which is incorporated in the Shawvers Run 
     Wilderness designated by paragraph (4).
       ``(19) Certain land in the Jefferson National Forest 
     comprising approximately 1,203 acres, as generally depicted 
     on the map entitled `Peters Mountain Addition' and dated 
     April 28, 2008, which is incorporated in the Peters Mountain 
     Wilderness designated by section 2(7) of the Virginia 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     586).
       ``(20) Certain land in the Jefferson National Forest 
     comprising approximately 263 acres, as generally depicted on 
     the map entitled `Kimberling Creek Additions and Potential 
     Wilderness Area' and dated April 28, 2008, which is 
     incorporated in the Kimberling Creek Wilderness designated by 
     section 2(2) of the Virginia Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-586).''.
       (b) Designation of Wilderness Study Area.--The Virginia 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     586) is amended--
       (1) in the first section, by inserting ``as'' after 
     ``cited''; and
       (2) in section 6(a)--
       (A) by striking ``certain'' each place it appears and 
     inserting ``Certain'';
       (B) in each of paragraphs (1) and (2), by striking the 
     semicolon at the end and inserting a period;
       (C) in paragraph (3), by striking ``; and'' and inserting a 
     period; and
       (D) by adding at the end the following:
       ``(5) Certain land in the Jefferson National Forest 
     comprising approximately 3,226 acres, as generally depicted 
     on the map entitled `Lynn Camp Creek Wilderness Study Area' 
     and dated April 28, 2008, which shall be known as the `Lynn 
     Camp Creek Wilderness Study Area'.''.

     SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL 
                   WILDERNESS AREA, JEFFERSON NATIONAL FOREST, 
                   VIRGINIA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     Jefferson National Forest comprising approximately 349 acres, 
     as generally depicted on the map entitled ``Kimberling Creek 
     Additions and Potential Wilderness Area'' and dated April 28, 
     2008, is designated as a potential wilderness area for 
     incorporation in the Kimberling Creek Wilderness designated 
     by section 2(2) of the Virginia Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-586).
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).
       (c) Ecological Restoration.--
       (1) In general.--For purposes of ecological restoration 
     (including the elimination of nonnative species, removal of 
     illegal, unused, or decommissioned roads, and any other 
     activity necessary to restore the natural ecosystems in the 
     potential wilderness area), the Secretary may use motorized 
     equipment and mechanized transport in the potential 
     wilderness area until the date on which the potential 
     wilderness area is incorporated into the Kimberling Creek 
     Wilderness.
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--The potential wilderness area 
     shall be designated as wilderness and incorporated in the 
     Kimberling Creek Wilderness on the earlier of--
       (1) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; or
       (2) the date that is 5 years after the date of enactment of 
     this Act.

     SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, 
                   JEFFERSON NATIONAL FOREST, VIRGINIA.

       (a) Establishment.--There are designated as National Scenic 
     Areas--
       (1) certain National Forest System land in the Jefferson 
     National Forest, comprising approximately 5,192 acres, as 
     generally depicted on the map entitled ``Seng Mountain and 
     Raccoon Branch'' and dated April 28, 2008, which shall be 
     known as the ``Seng Mountain National Scenic Area''; and
       (2) certain National Forest System land in the Jefferson 
     National Forest, comprising approximately 5,128 acres, as 
     generally depicted on the map entitled ``Bear Creek'' and 
     dated April 28, 2008, which shall be known as the ``Bear 
     Creek National Scenic Area''.

[[Page S9736]]

       (b) Purposes.--The purposes of the scenic areas are--
       (1) to ensure the protection and preservation of scenic 
     quality, water quality, natural characteristics, and water 
     resources of the scenic areas;
       (2) consistent with paragraph (1), to protect wildlife and 
     fish habitat in the scenic areas;
       (3) to protect areas in the scenic areas that may develop 
     characteristics of old-growth forests; and
       (4) consistent with paragraphs (1), (2), and (3), to 
     provide a variety of recreation opportunities in the scenic 
     areas.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the scenic 
     areas in accordance with--
       (A) this subtitle; and
       (B) the laws (including regulations) generally applicable 
     to the National Forest System.
       (2) Authorized uses.--The Secretary shall only allow uses 
     of the scenic areas that the Secretary determines will 
     further the purposes of the scenic areas, as described in 
     subsection (b).
       (d) Management Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop as an 
     amendment to the land and resource management plan for the 
     Jefferson National Forest a management plan for the scenic 
     areas.
       (2) Effect.--Nothing in this subsection requires the 
     Secretary to revise the land and resource management plan for 
     the Jefferson National Forest under section 6 of the Forest 
     and Rangeland Renewable Resources Planning Act of 1974 (16 
     U.S.C. 1604).
       (e) Roads.--
       (1) In general.--Except as provided in paragraph (2), after 
     the date of enactment of this Act, no roads shall be 
     established or constructed within the scenic areas.
       (2) Limitation.--Nothing in this subsection denies any 
     owner of private land (or an interest in private land) that 
     is located in a scenic area the right to access the private 
     land.
       (f) Timber Harvest.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), no harvesting of timber shall be allowed within the 
     scenic areas.
       (2) Exceptions.--The Secretary may authorize harvesting of 
     timber in the scenic areas if the Secretary determines that 
     the harvesting is necessary to--
       (A) control fire;
       (B) provide for public safety or trail access; or
       (C) control insect and disease outbreaks.
       (3) Firewood for personal use.--Firewood may be harvested 
     for personal use along perimeter roads in the scenic areas, 
     subject to any conditions that the Secretary may impose.
       (g) Insect and Disease Outbreaks.--The Secretary may 
     control insect and disease outbreaks--
       (1) to maintain scenic quality;
       (2) to prevent tree mortality;
       (3) to reduce hazards to visitors; or
       (4) to protect private land.
       (h) Vegetation Management.--The Secretary may engage in 
     vegetation manipulation practices in the scenic areas to 
     maintain the visual quality and wildlife clearings in 
     existence on the date of enactment of this Act.
       (i) Motorized Vehicles.--
       (1) In general.--Except as provided in paragraph (2), 
     motorized vehicles shall not be allowed within the scenic 
     areas.
       (2) Exceptions.--The Secretary may authorize the use of 
     motorized vehicles--
       (A) to carry out administrative activities that further the 
     purposes of the scenic areas, as described in subsection (b);
       (B) to assist wildlife management projects in existence on 
     the date of enactment of this Act; and
       (C) during deer and bear hunting seasons--
       (i) on Forest Development Roads 49410 and 84b; and
       (ii) on the portion of Forest Development Road 6261 
     designated on the map described in subsection (a)(2) as 
     ``open seasonally''.
       (j) Wildfire Suppression.--Wildfire suppression within the 
     scenic areas shall be conducted--
       (1) in a manner consistent with the purposes of the scenic 
     areas, as described in subsection (b); and
       (2) using such means as the Secretary determines to be 
     appropriate.
       (k) Water.--The Secretary shall administer the scenic areas 
     in a manner that maintains and enhances water quality.
       (l) Withdrawal.--Subject to valid existing rights, all 
     Federal land in the scenic areas is withdrawn from--
       (1) location, entry, and patent under the mining laws; and
       (2) operation of the mineral leasing and geothermal leasing 
     laws.

     SEC. 1105. TRAIL PLAN AND DEVELOPMENT.

       (a) Trail Plan.--The Secretary, in consultation with 
     interested parties, shall establish a trail plan to develop--
       (1) in a manner consistent with the Wilderness Act (16 
     U.S.C. 1131 et seq.), hiking and equestrian trails in the 
     wilderness areas designated by paragraphs (9) through (20) of 
     section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as 
     added by section 1102(a)(5)); and
       (2) nonmotorized recreation trails in the scenic areas.
       (b) Implementation Report.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary shall submit 
     to Congress a report that describes the implementation of the 
     trail plan, including the identification of priority trails 
     for development.
       (c) Sustainable Trail Required.--The Secretary shall 
     develop a sustainable trail, using a contour curvilinear 
     alignment, to provide for nonmotorized travel along the 
     southern boundary of the Raccoon Branch Wilderness 
     established by section 1(11) of Public Law 100-326 (16 U.S.C. 
     1132 note) (as added by section 1102(a)(5)) connecting to 
     Forest Development Road 49352 in Smyth County, Virginia.

     SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file with the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources and the Committee on 
     Agriculture of the House of Representatives maps and boundary 
     descriptions of--
       (1) the scenic areas;
       (2) the wilderness areas designated by paragraphs (9) 
     through (20) of section 1 of Public Law 100-326 (16 U.S.C. 
     1132 note) (as added by section 1102(a)(5));
       (3) the wilderness study area designated by section 6(a)(5) 
     of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-586) (as added by section 1102(b)(2)(D)); and
       (4) the potential wilderness area designated by section 
     1103(a).
       (b) Force and Effect.--The maps and boundary descriptions 
     filed under subsection (a) shall have the same force and 
     effect as if included in this subtitle, except that the 
     Secretary may correct any minor errors in the maps and 
     boundary descriptions.
       (c) Availability of Map and Boundary Description.--The maps 
     and boundary descriptions filed under subsection (a) shall be 
     on file and available for public inspection in the Office of 
     the Chief of the Forest Service.
       (d) Conflict.--In the case of a conflict between a map 
     filed under subsection (a) and the acreage of the applicable 
     areas specified in this subtitle, the map shall control.

     SEC. 1107. EFFECTIVE DATE.

       Any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the effective date of that Act shall be considered 
     to be a reference to the date of enactment of this Act for 
     purposes of administering--
       (1) the wilderness areas designated by paragraphs (9) 
     through (20) of section 1 of Public Law 100-326 (16 U.S.C. 
     1132 note) (as added by section 1102(a)(5)); and
       (2) the potential wilderness area designated by section 
     1103(a).

                Subtitle C--Mt. Hood Wilderness, Oregon

     SEC. 1201. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) State.--The term ``State'' means the State of Oregon.

     SEC. 1202. DESIGNATION OF WILDERNESS AREAS.

       (a) Designation of Lewis and Clark Mount Hood Wilderness 
     Areas.--In accordance with the Wilderness Act (16 U.S.C. 1131 
     et seq.), the following areas in the State of Oregon are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Badger creek wilderness additions.--Certain Federal 
     land managed by the Forest Service, comprising approximately 
     4,140 acres, as generally depicted on the maps entitled 
     ``Badger Creek Wilderness--Badger Creek Additions'' and 
     ``Badger Creek Wilderness--Bonney Butte'', dated July 16, 
     2007, which is incorporated in, and considered to be a part 
     of, the Badger Creek Wilderness, as designated by section 
     3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 
     note; 98 Stat. 273).
       (2) Bull of the woods wilderness addition.--Certain Federal 
     land managed by the Forest Service, comprising approximately 
     10,180 acres, as generally depicted on the map entitled 
     ``Bull of the Woods Wilderness--Bull of the Woods 
     Additions'', dated July 16, 2007, which is incorporated in, 
     and considered to be a part of, the Bull of the Woods 
     Wilderness, as designated by section 3(4) of the Oregon 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
       (3) Clackamas wilderness.--Certain Federal land managed by 
     the Forest Service, comprising approximately 9,470 acres, as 
     generally depicted on the maps entitled ``Clackamas 
     Wilderness--Big Bottom'', ``Clackamas Wilderness--Clackamas 
     Canyon'', ``Clackamas Wilderness--Memaloose Lake'', 
     ``Clackamas Wilderness--Sisi Butte'', and ``Clackamas 
     Wilderness--South Fork Clackamas'', dated July 16, 2007, 
     which shall be known as the ``Clackamas Wilderness''.
       (4) Mark o. hatfield wilderness additions.--Certain Federal 
     land managed by the Forest Service, comprising approximately 
     25,960 acres, as generally depicted on the maps entitled 
     ``Mark O. Hatfield Wilderness--Gorge Face'' and ``Mark O. 
     Hatfield Wilderness--Larch Mountain'', dated July 16, 2007, 
     which is incorporated in, and considered to be a part of, the 
     Mark O. Hatfield Wilderness, as designated by section 3(1) of 
     the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 
     Stat. 273).
       (5) Mount hood wilderness additions.--Certain Federal land 
     managed by the Forest Service, comprising approximately 
     18,450 acres, as generally depicted on the maps entitled 
     ``Mount Hood Wilderness--Barlow Butte'', ``Mount Hood 
     Wilderness--Elk Cove/Mazama'', ``Mount Hood Wilderness--
     Richard L. Kohnstamm Memorial Area'', ``Mount Hood 
     Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy 
     Additions'', ``Mount Hood Wilderness--Twin Lakes'', and 
     ``Mount Hood Wilderness--White River'', dated July

[[Page S9737]]

     16, 2007, and the map entitled ``Mount Hood Wilderness--Cloud 
     Cap'', dated July 20, 2007, which is incorporated in, and 
     considered to be a part of, the Mount Hood Wilderness, as 
     designated under section 3(a) of the Wilderness Act (16 
     U.S.C. 1132(a)) and enlarged by section 3(d) of the 
     Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 
     note; 92 Stat. 43).
       (6) Roaring river wilderness.--Certain Federal land managed 
     by the Forest Service, comprising approximately 36,550 acres, 
     as generally depicted on the map entitled ``Roaring River 
     Wilderness--Roaring River Wilderness'', dated July 16, 2007, 
     which shall be known as the ``Roaring River Wilderness''.
       (7) Salmon-huckleberry wilderness additions.--Certain 
     Federal land managed by the Forest Service, comprising 
     approximately 16,620 acres, as generally depicted on the maps 
     entitled ``Salmon-Huckleberry Wilderness--Alder Creek 
     Additions'', ``Salmon-Huckleberry Wilderness--Eagle Creek 
     Addition'', ``Salmon-Huckleberry Wilderness--Hunchback 
     Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'', 
     ``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
     Huckleberry Wilderness--Salmon River Meadows'', dated July 
     16, 2007, which is incorporated in, and considered to be a 
     part of, the Salmon-Huckleberry Wilderness, as designated by 
     section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 
     1132 note; 98 Stat. 273).
       (8) Lower white river wilderness.--Certain Federal land 
     managed by the Forest Service and Bureau of Land Management, 
     comprising approximately 2,870 acres, as generally depicted 
     on the map entitled ``Lower White River Wilderness--Lower 
     White River'', dated July 16, 2007, which shall be known as 
     the ``Lower White River Wilderness''.
       (b) Richard L. Kohnstamm Memorial Area.--Certain Federal 
     land managed by the Forest Service, as generally depicted on 
     the map entitled ``Mount Hood Wilderness--Richard L. 
     Kohnstamm Memorial Area'', dated July 16, 2007, is designated 
     as the ``Richard L. Kohnstamm Memorial Area''.
       (c) Potential Wilderness Area; Additions to Wilderness 
     Areas.--
       (1) Roaring river potential wilderness area.--
       (A) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
     managed by the Forest Service, comprising approximately 900 
     acres identified as ``Potential Wilderness'' on the map 
     entitled ``Roaring River Wilderness'', dated July 16, 2007, 
     is designated as a potential wilderness area.
       (B) Management.--The potential wilderness area designated 
     by subparagraph (A) shall be managed in accordance with 
     section 4 of the Wilderness Act (16 U.S.C. 1133).
       (C) Designation as wilderness.--On the date on which the 
     Secretary publishes in the Federal Register notice that the 
     conditions in the potential wilderness area designated by 
     subparagraph (A) are compatible with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the potential wilderness shall be--
       (i) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (ii) incorporated into the Roaring River Wilderness 
     designated by subsection (a)(6).
       (2) Addition to the mount hood wilderness.--On completion 
     of the land exchange under section 1206(a)(2), certain 
     Federal land managed by the Forest Service, comprising 
     approximately 1,710 acres, as generally depicted on the map 
     entitled ``Mount Hood Wilderness--Tilly Jane'', dated July 
     20, 2007, shall be incorporated in, and considered to be a 
     part of, the Mount Hood Wilderness, as designated under 
     section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and 
     enlarged by section 3(d) of the Endangered American 
     Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and 
     subsection (a)(5).
       (3) Addition to the salmon-huckleberry wilderness.--On 
     acquisition by the United States, the approximately 160 acres 
     of land identified as ``Land to be acquired by USFS'' on the 
     map entitled ``Hunchback Mountain Land Exchange, Clackamas 
     County'', dated June 2006, shall be incorporated in, and 
     considered to be a part of, the Salmon-Huckleberry 
     Wilderness, as designated by section 3(2) of the Oregon 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) 
     and enlarged by subsection (a)(7).
       (d) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area and potential 
     wilderness area designated by this section, with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct typographical errors in the maps and legal 
     descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service and Bureau of Land Management.
       (4) Description of land.--The boundaries of the areas 
     designated as wilderness by subsection (a) that are 
     immediately adjacent to a utility right-of-way or a Federal 
     Energy Regulatory Commission project boundary shall be 100 
     feet from the boundary of the right-of-way or the project 
     boundary.
       (e) Administration.--
       (1) In general.--Subject to valid existing rights, each 
     area designated as wilderness by this section shall be 
     administered by the Secretary that has jurisdiction over the 
     land within the wilderness, in accordance with the Wilderness 
     Act (16 U.S.C. 1131 et seq.), except that--
       (A) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (B) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the land within the 
     wilderness.
       (2) Incorporation of acquired land and interests.--Any land 
     within the boundary of a wilderness area designated by this 
     section that is acquired by the United States shall--
       (A) become part of the wilderness area in which the land is 
     located; and
       (B) be managed in accordance with this section, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (f) Buffer Zones.--
       (1) In general.--As provided in the Oregon Wilderness Act 
     of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress 
     does not intend for designation of wilderness areas in the 
     State under this section to lead to the creation of 
     protective perimeters or buffer zones around each wilderness 
     area.
       (2) Activities or uses up to boundaries.--The fact that 
     nonwilderness activities or uses can be seen or heard from 
     within a wilderness area shall not, of itself, preclude the 
     activities or uses up to the boundary of the wilderness area.
       (g) Fish and Wildlife.--Nothing in this section affects the 
     jurisdiction or responsibilities of the State with respect to 
     fish and wildlife.
       (h) Fire, Insects, and Diseases.--As provided in section 
     4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within 
     the wilderness areas designated by this section, the 
     Secretary that has jurisdiction over the land within the 
     wilderness (referred to in this subsection as the 
     ``Secretary'') may take such measures as are necessary to 
     control fire, insects, and diseases, subject to such terms 
     and conditions as the Secretary determines to be desirable 
     and appropriate.
       (i) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness by this section is withdrawn from 
     all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

     SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER 
                   PROTECTION IN THE MOUNT HOOD AREA.

       (a) Wild and Scenic River Designations, Mount Hood National 
     Forest.--
       (1) In general.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) is amended by adding at the end the 
     following:
       ``(171) South fork clackamas river.--The 4.2-mile segment 
     of the South Fork Clackamas River from its confluence with 
     the East Fork of the South Fork Clackamas to its confluence 
     with the Clackamas River, to be administered by the Secretary 
     of Agriculture as a wild river.
       ``(172) Eagle creek.--The 8.3-mile segment of Eagle Creek 
     from its headwaters to the Mount Hood National Forest 
     boundary, to be administered by the Secretary of Agriculture 
     as a wild river.
       ``(173) Middle fork hood river.--The 3.7-mile segment of 
     the Middle Fork Hood River from the confluence of Clear and 
     Coe Branches to the north section line of section 11, 
     township 1 south, range 9 east, to be administered by the 
     Secretary of Agriculture as a scenic river.
       ``(174) South fork roaring river.--The 4.6-mile segment of 
     the South Fork Roaring River from its headwaters to its 
     confluence with Roaring River, to be administered by the 
     Secretary of Agriculture as a wild river.
       ``(175) Zig zag river.--The 4.3-mile segment of the Zig Zag 
     River from its headwaters to the Mount Hood Wilderness 
     boundary, to be administered by the Secretary of Agriculture 
     as a wild river.
       ``(176) Fifteenmile creek.--
       ``(A) In general.--The 11.1-mile segment of Fifteenmile 
     Creek from its source at Senecal Spring to the southern edge 
     of the northwest quarter of the northwest quarter of section 
     20, township 2 south, range 12 east, to be administered by 
     the Secretary of Agriculture in the following classes:
       ``(i) The 2.6-mile segment from its source at Senecal 
     Spring to the Badger Creek Wilderness boundary, as a wild 
     river.
       ``(ii) The 0.4-mile segment from the Badger Creek 
     Wilderness boundary to the point 0.4 miles downstream, as a 
     scenic river.
       ``(iii) The 7.9-mile segment from the point 0.4 miles 
     downstream of the Badger Creek Wilderness boundary to the 
     western edge of section 20, township 2 south, range 12 east 
     as a wild river.
       ``(iv) The 0.2-mile segment from the western edge of 
     section 20, township 2 south, range 12 east, to the southern 
     edge of the northwest quarter of the northwest quarter

[[Page S9738]]

     of section 20, township 2 south, range 12 east as a scenic 
     river.
       ``(B) Inclusions.--Notwithstanding section 3(b), the 
     lateral boundaries of both the wild river area and the scenic 
     river area along Fifteenmile Creek shall include an average 
     of not more than 640 acres per mile measured from the 
     ordinary high water mark on both sides of the river.
       ``(177) East fork hood river.--The 13.5-mile segment of the 
     East Fork Hood River from Oregon State Highway 35 to the 
     Mount Hood National Forest boundary, to be administered by 
     the Secretary of Agriculture as a recreational river.
       ``(178) Collawash river.--The 17.8-mile segment of the 
     Collawash River from the headwaters of the East Fork 
     Collawash to the confluence of the mainstream of the 
     Collawash River with the Clackamas River, to be administered 
     by the Secretary of Agriculture in the following classes:
       ``(A) The 11.0-mile segment from the headwaters of the East 
     Fork Collawash River to Buckeye Creek, as a scenic river.
       ``(B) The 6.8-mile segment from Buckeye Creek to the 
     Clackamas River, as a recreational river.
       ``(179) Fish creek.--The 13.5-mile segment of Fish Creek 
     from its headwaters to the confluence with the Clackamas 
     River, to be administered by the Secretary of Agriculture as 
     a recreational river.''.
       (2) Effect.--The amendments made by paragraph (1) do not 
     affect valid existing water rights.
       (b) Protection for Hood River, Oregon.--Section 13(a)(4) of 
     the ``Columbia River Gorge National Scenic Area Act'' (16 
     U.S.C. 544k(a)(4)) is amended by striking ``for a period not 
     to exceed twenty years from the date of enactment of this 
     Act,''.

     SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA.

       (a) Designation.--To provide for the protection, 
     preservation, and enhancement of recreational, ecological, 
     scenic, cultural, watershed, and fish and wildlife values, 
     there is established the Mount Hood National Recreation Area 
     within the Mount Hood National Forest.
       (b) Boundary.--The Mount Hood National Recreation Area 
     shall consist of certain Federal land managed by the Forest 
     Service and Bureau of Land Management, comprising 
     approximately 34,550 acres, as generally depicted on the maps 
     entitled ``National Recreation Areas--Mount Hood NRA'', 
     ``National Recreation Areas--Fifteenmile Creek NRA'', and 
     ``National Recreation Areas--Shellrock Mountain'', dated 
     February 2007.
       (c) Map and Legal Description.--
       (1) Submission of legal description.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall file a map and a legal description of the 
     Mount Hood National Recreation Area with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct typographical errors in the map and the legal 
     description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (d) Administration.--
       (1) In general.--The Secretary shall--
       (A) administer the Mount Hood National Recreation Area--
       (i) in accordance with the laws (including regulations) and 
     rules applicable to the National Forest System; and
       (ii) consistent with the purposes described in subsection 
     (a); and
       (B) only allow uses of the Mount Hood National Recreation 
     Area that are consistent with the purposes described in 
     subsection (a).
       (2) Applicable law.--Any portion of a wilderness area 
     designated by section 1202 that is located within the Mount 
     Hood National Recreation Area shall be administered in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
       (e) Timber.--The cutting, sale, or removal of timber within 
     the Mount Hood National Recreation Area may be permitted--
       (1) to the extent necessary to improve the health of the 
     forest in a manner that--
       (A) maximizes the retention of large trees--
       (i) as appropriate to the forest type; and
       (ii) to the extent that the trees promote stands that are 
     fire-resilient and healthy;
       (B) improves the habitats of threatened, endangered, or 
     sensitive species; or
       (C) maintains or restores the composition and structure of 
     the ecosystem by reducing the risk of uncharacteristic 
     wildfire;
       (2) to accomplish an approved management activity in 
     furtherance of the purposes established by this section, if 
     the cutting, sale, or removal of timber is incidental to the 
     management activity; or
       (3) for de minimus personal or administrative use within 
     the Mount Hood National Recreation Area, where such use will 
     not impair the purposes established by this section.
       (f) Road Construction.--No new or temporary roads shall be 
     constructed or reconstructed within the Mount Hood National 
     Recreation Area except as necessary--
       (1) to protect the health and safety of individuals in 
     cases of an imminent threat of flood, fire, or any other 
     catastrophic event that, without intervention, would cause 
     the loss of life or property;
       (2) to conduct environmental cleanup required by the United 
     States;
       (3) to allow for the exercise of reserved or outstanding 
     rights provided for by a statute or treaty;
       (4) to prevent irreparable resource damage by an existing 
     road; or
       (5) to rectify a hazardous road condition.
       (g) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the Mount Hood National Recreation Area 
     is withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     geothermal leasing.
       (h) Transfer of Administrative Jurisdiction.--
       (1) In general.--Administrative jurisdiction over the 
     Federal land described in paragraph (2) is transferred from 
     the Bureau of Land Management to the Forest Service.
       (2) Description of land.--The land referred to in paragraph 
     (1) is the approximately 130 acres of land administered by 
     the Bureau of Land Management within or adjacent to the Mount 
     Hood National Recreation Area that is identified as ``BLM 
     Lands'' on the map entitled ``National Recreation Areas--
     Shellrock Mountain'', dated February 2007.

     SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, 
                   AND CULTUS CREEK.

       (a) Crystal Springs Watershed Special Resources Management 
     Unit.--
       (1) Establishment.--
       (A) In general.--On completion of the land exchange under 
     section 1206(a)(2), there shall be established a special 
     resources management unit in the State consisting of certain 
     Federal land managed by the Forest Service, as generally 
     depicted on the map entitled ``Crystal Springs Watershed 
     Special Resources Management Unit'', dated June 2006 
     (referred to in this subsection as the ``map''), to be known 
     as the ``Crystal Springs Watershed Special Resources 
     Management Unit'' (referred to in this subsection as the 
     ``Management Unit'').
       (B) Exclusion of certain land.--The Management Unit does 
     not include any National Forest System land otherwise covered 
     by subparagraph (A) that is designated as wilderness by 
     section 1202.
       (C) Withdrawal.--
       (i) In general.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as the Management Unit is withdrawn from all forms 
     of--

       (I) entry, appropriation, or disposal under the public land 
     laws;
       (II) location, entry, and patent under the mining laws; and
       (III) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

       (ii) Exception.--Clause (i)(I) does not apply to the parcel 
     of land generally depicted as ``HES 151'' on the map.
       (2) Purposes.--The purposes of the Management Unit are--
       (A) to ensure the protection of the quality and quantity of 
     the Crystal Springs watershed as a clean drinking water 
     source for the residents of Hood River County, Oregon; and
       (B) to allow visitors to enjoy the special scenic, natural, 
     cultural, and wildlife values of the Crystal Springs 
     watershed.
       (3) Map and legal description.--
       (A) Submission of legal description.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall file a map and a legal description of the 
     Management Unit with--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Force of law.--The map and legal description filed 
     under subparagraph (A) shall have the same force and effect 
     as if included in this subtitle, except that the Secretary 
     may correct typographical errors in the map and legal 
     description.
       (C) Public availability.--The map and legal description 
     filed under subparagraph (A) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Forest Service.
       (4) Administration.--
       (A) In general.--The Secretary shall--
       (i) administer the Management Unit--

       (I) in accordance with the laws (including regulations) and 
     rules applicable to units of the National Forest System; and
       (II) consistent with the purposes described in paragraph 
     (2); and

       (ii) only allow uses of the Management Unit that are 
     consistent with the purposes described in paragraph (2).
       (B) Fuel reduction in proximity to improvements and primary 
     public roads.--To protect the water quality, water quantity, 
     and scenic, cultural, natural, and wildlife values of the 
     Management Unit, the Secretary may conduct fuel reduction and 
     forest health management treatments to maintain and restore 
     fire-resilient forest structures containing late successional 
     forest structure characterized by large trees and 
     multistoried canopies, as ecologically appropriate, on 
     National Forest System land in the Management Unit--
       (i) in any area located not more than 400 feet from 
     structures located on--

       (I) National Forest System land; or
       (II) private land adjacent to National Forest System land;

[[Page S9739]]

       (ii) in any area located not more than 400 feet from the 
     Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski 
     Area Loop Road; and
       (iii) on any other National Forest System land in the 
     Management Unit, with priority given to activities that 
     restore previously harvested stands, including the removal of 
     logging slash, smaller diameter material, and ladder fuels.
       (5) Prohibited activities.--Subject to valid existing 
     rights, the following activities shall be prohibited on 
     National Forest System land in the Management Unit:
       (A) New road construction or renovation of existing non-
     System roads, except as necessary to protect public health 
     and safety.
       (B) Projects undertaken for the purpose of harvesting 
     commercial timber (other than activities relating to the 
     harvest of merchantable products that are byproducts of 
     activities conducted to further the purposes described in 
     paragraph (2)).
       (C) Commercial livestock grazing.
       (D) The placement of new fuel storage tanks.
       (E) Except to the extent necessary to further the purposes 
     described in paragraph (2), the application of any toxic 
     chemicals (other than fire retardants), including pesticides, 
     rodenticides, or herbicides.
       (6) Forest road closures.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may provide for the closure or gating to the 
     general public of any Forest Service road within the 
     Management Unit.
       (B) Exception.--Nothing in this subsection requires the 
     Secretary to close the road commonly known as ``Cloud Cap 
     Road'', which shall be administered in accordance with 
     otherwise applicable law.
       (7) Private land.--
       (A) Effect.--Nothing in this subsection affects the use of, 
     or access to, any private property within the area identified 
     on the map as the ``Crystal Springs Zone of Contribution'' 
     by--
       (i) the owners of the private property; and
       (ii) guests to the private property.
       (B) Cooperation.--The Secretary is encouraged to work with 
     private landowners who have agreed to cooperate with the 
     Secretary to further the purposes of this subsection.
       (8) Acquisition of land.--
       (A) In general.--The Secretary may acquire from willing 
     landowners any land located within the area identified on the 
     map as the ``Crystal Springs Zone of Contribution''.
       (B) Inclusion in management unit.--On the date of 
     acquisition, any land acquired under subparagraph (A) shall 
     be incorporated in, and be managed as part of, the Management 
     Unit.
       (b) Protections for Upper Big Bottom and Cultus Creek.--
       (1) In general.--The Secretary shall manage the Federal 
     land administered by the Forest Service described in 
     paragraph (2) in a manner that preserves the natural and 
     primitive character of the land for recreational, scenic, and 
     scientific use.
       (2) Description of land.--The Federal land referred to in 
     paragraph (1) is--
       (A) the approximately 1,580 acres, as generally depicted on 
     the map entitled ``Upper Big Bottom'', dated July 16, 2007; 
     and
       (B) the approximately 280 acres identified as ``Cultus 
     Creek'' on the map entitled ``Clackamas Wilderness--South 
     Fork Clackamas'', dated July 16, 2007.
       (3) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the Federal land described in paragraph 
     (2) with--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Force of law.--The maps and legal descriptions filed 
     under subparagraph (A) shall have the same force and effect 
     as if included in this subtitle, except that the Secretary 
     may correct typographical errors in the maps and legal 
     descriptions.
       (C) Public availability.--Each map and legal description 
     filed under subparagraph (A) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Forest Service.
       (4) Use of land.--
       (A) In general.--Subject to valid existing rights, with 
     respect to the Federal land described in paragraph (2), the 
     Secretary shall only allow uses that are consistent with the 
     purposes identified in paragraph (1).
       (B) Prohibited uses.--The following shall be prohibited on 
     the Federal land described in paragraph (2):
       (i) Permanent roads.
       (ii) Commercial enterprises.
       (iii) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land and to protect 
     public health and safety--

       (I) the use of motor vehicles; or
       (II) the establishment of temporary roads.

       (5) Withdrawal.--Subject to valid existing rights, the 
     Federal land described in paragraph (2) is withdrawn from--
       (A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing.

     SEC. 1206. LAND EXCHANGES.

       (a) Cooper Spur-Government Camp Land Exchange.--
       (1) Definitions.--In this subsection:
       (A) County.--The term ``County'' means Hood River County, 
     Oregon.
       (B) Exchange map.--The term ``exchange map'' means the map 
     entitled ``Cooper Spur/Government Camp Land Exchange'', dated 
     June 2006.
       (C) Federal land.--The term ``Federal land'' means the 
     approximately 120 acres of National Forest System land in the 
     Mount Hood National Forest in Government Camp, Clackamas 
     County, Oregon, identified as ``USFS Land to be Conveyed'' on 
     the exchange map.
       (D) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means 
     the Mt. Hood Meadows Oregon, Limited Partnership.
       (E) Non-federal land.--The term ``non-Federal land'' 
     means--
       (i) the parcel of approximately 770 acres of private land 
     at Cooper Spur identified as ``Land to be acquired by USFS'' 
     on the exchange map; and
       (ii) any buildings, furniture, fixtures, and equipment at 
     the Inn at Cooper Spur and the Cooper Spur Ski Area covered 
     by an appraisal described in paragraph (2)(D).
       (2) Cooper spur-government camp land exchange.--
       (A) Conveyance of land.--Subject to the provisions of this 
     subsection, if Mt. Hood Meadows offers to convey to the 
     United States all right, title, and interest of Mt. Hood 
     Meadows in and to the non-Federal land, the Secretary shall 
     convey to Mt. Hood Meadows all right, title, and interest of 
     the United States in and to the Federal land (other than any 
     easements reserved under subparagraph (G)), subject to valid 
     existing rights.
       (B) Compliance with existing law.--Except as otherwise 
     provided in this subsection, the Secretary shall carry out 
     the land exchange under this subsection in accordance with 
     section 206 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1716).
       (C) Conditions on acceptance.--
       (i) Title.--As a condition of the land exchange under this 
     subsection, title to the non-Federal land to be acquired by 
     the Secretary under this subsection shall be acceptable to 
     the Secretary.
       (ii) Terms and conditions.--The conveyance of the Federal 
     land and non-Federal land shall be subject to such terms and 
     conditions as the Secretary may require.
       (D) Appraisals.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary and Mt. Hood Meadows 
     shall select an appraiser to conduct an appraisal of the 
     Federal land and non-Federal land.
       (ii) Requirements.--An appraisal under clause (i) shall be 
     conducted in accordance with nationally recognized appraisal 
     standards, including--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (E) Surveys.--
       (i) In general.--The exact acreage and legal description of 
     the Federal land and non-Federal land shall be determined by 
     surveys approved by the Secretary.
       (ii) Costs.--The responsibility for the costs of any 
     surveys conducted under clause (i), and any other 
     administrative costs of carrying out the land exchange, shall 
     be determined by the Secretary and Mt. Hood Meadows.
       (F) Deadline for completion of land exchange.--It is the 
     intent of Congress that the land exchange under this 
     subsection shall be completed not later than 16 months after 
     the date of enactment of this Act.
       (G) Reservation of easements.--As a condition of the 
     conveyance of the Federal land, the Secretary shall reserve--
       (i) a conservation easement to the Federal land to protect 
     existing wetland, as identified by the Oregon Department of 
     State Lands, that allows equivalent wetland mitigation 
     measures to compensate for minor wetland encroachments 
     necessary for the orderly development of the Federal land; 
     and
       (ii) a trail easement to the Federal land that allows--

       (I) nonmotorized use by the public of existing trails;
       (II) roads, utilities, and infrastructure facilities to 
     cross the trails; and
       (III) improvement or relocation of the trails to 
     accommodate development of the Federal land.

       (b) Port of Cascade Locks Land Exchange.--
       (1) Definitions.--In this subsection:
       (A) Exchange map.--The term ``exchange map'' means the map 
     entitled ``Port of Cascade Locks/Pacific Crest National 
     Scenic Trail Land Exchange'', dated June 2006.
       (B) Federal land.--The term ``Federal land'' means the 
     parcel of land consisting of approximately 10 acres of 
     National Forest System land in the Columbia River Gorge 
     National Scenic Area identified as ``USFS Land to be 
     conveyed'' on the exchange map.
       (C) Non-federal land.--The term ``non-Federal land'' means 
     the parcels of land consisting of approximately 40 acres 
     identified as ``Land to be acquired by USFS'' on the exchange 
     map.
       (D) Port.--The term ``Port'' means the Port of Cascade 
     Locks, Cascade Locks, Oregon.
       (2) Land exchange, port of cascade locks-pacific crest 
     national scenic trail.--

[[Page S9740]]

       (A) Conveyance of land.--Subject to the provisions of this 
     subsection, if the Port offers to convey to the United States 
     all right, title, and interest of the Port in and to the non-
     Federal land, the Secretary shall, subject to valid existing 
     rights, convey to the Port all right, title, and interest of 
     the United States in and to the Federal land.
       (B) Compliance with existing law.--Except as otherwise 
     provided in this subsection, the Secretary shall carry out 
     the land exchange under this subsection in accordance with 
     section 206 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1716).
       (3) Conditions on acceptance.--
       (A) Title.--As a condition of the land exchange under this 
     subsection, title to the non-Federal land to be acquired by 
     the Secretary under this subsection shall be acceptable to 
     the Secretary.
       (B) Terms and conditions.--The conveyance of the Federal 
     land and non-Federal land shall be subject to such terms and 
     conditions as the Secretary may require.
       (4) Appraisals.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall select an 
     appraiser to conduct an appraisal of the Federal land and 
     non-Federal land.
       (B) Requirements.--An appraisal under subparagraph (A) 
     shall be conducted in accordance with nationally recognized 
     appraisal standards, including--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (5) Surveys.--
       (A) In general.--The exact acreage and legal description of 
     the Federal land and non-Federal land shall be determined by 
     surveys approved by the Secretary.
       (B) Costs.--The responsibility for the costs of any surveys 
     conducted under subparagraph (A), and any other 
     administrative costs of carrying out the land exchange, shall 
     be determined by the Secretary and the Port.
       (6) Deadline for completion of land exchange.--It is the 
     intent of Congress that the land exchange under this 
     subsection shall be completed not later than 16 months after 
     the date of enactment of this Act.
       (c) Hunchback Mountain Land Exchange and Boundary 
     Adjustment.--
       (1) Definitions.--In this subsection:
       (A) County.--The term ``County'' means Clackamas County, 
     Oregon.
       (B) Exchange map.--The term ``exchange map'' means the map 
     entitled ``Hunchback Mountain Land Exchange, Clackamas 
     County'', dated June 2006.
       (C) Federal land.--The term ``Federal land'' means the 
     parcel of land consisting of approximately 160 acres of 
     National Forest System land in the Mount Hood National Forest 
     identified as ``USFS Land to be Conveyed'' on the exchange 
     map.
       (D) Non-federal land.--The term ``non-Federal land'' means 
     the parcel of land consisting of approximately 160 acres 
     identified as ``Land to be acquired by USFS'' on the exchange 
     map.
       (2) Hunchback mountain land exchange.--
       (A) Conveyance of land.--Subject to the provisions of this 
     paragraph, if the County offers to convey to the United 
     States all right, title, and interest of the County in and to 
     the non-Federal land, the Secretary shall, subject to valid 
     existing rights, convey to the County all right, title, and 
     interest of the United States in and to the Federal land.
       (B) Compliance with existing law.--Except as otherwise 
     provided in this paragraph, the Secretary shall carry out the 
     land exchange under this paragraph in accordance with section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (C) Conditions on acceptance.--
       (i) Title.--As a condition of the land exchange under this 
     paragraph, title to the non-Federal land to be acquired by 
     the Secretary under this paragraph shall be acceptable to the 
     Secretary.
       (ii) Terms and conditions.--The conveyance of the Federal 
     land and non-Federal land shall be subject to such terms and 
     conditions as the Secretary may require.
       (D) Appraisals.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall select an 
     appraiser to conduct an appraisal of the Federal land and 
     non-Federal land.
       (ii) Requirements.--An appraisal under clause (i) shall be 
     conducted in accordance with nationally recognized appraisal 
     standards, including--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (E) Surveys.--
       (i) In general.--The exact acreage and legal description of 
     the Federal land and non-Federal land shall be determined by 
     surveys approved by the Secretary.
       (ii) Costs.--The responsibility for the costs of any 
     surveys conducted under clause (i), and any other 
     administrative costs of carrying out the land exchange, shall 
     be determined by the Secretary and the County.
       (F) Deadline for completion of land exchange.--It is the 
     intent of Congress that the land exchange under this 
     paragraph shall be completed not later than 16 months after 
     the date of enactment of this Act.
       (3) Boundary adjustment.--
       (A) In general.--The boundary of the Mount Hood National 
     Forest shall be adjusted to incorporate--
       (i) any land conveyed to the United States under paragraph 
     (2); and
       (ii) the land transferred to the Forest Service by section 
     1204(h)(1).
       (B) Additions to the national forest system.--The Secretary 
     shall administer the land described in subparagraph (A)--
       (i) in accordance with--

       (I) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (II) any laws (including regulations) applicable to the 
     National Forest System; and

       (ii) subject to sections 1202(c)(3) and 1204(d), as 
     applicable.
       (C) Land and water conservation fund.--For the purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-9), the boundaries of the Mount Hood National 
     Forest modified by this paragraph shall be considered to be 
     the boundaries of the Mount Hood National Forest in existence 
     as of January 1, 1965.
       (d) Conditions on Development of Federal Land.--
       (1) Requirements applicable to the conveyance of federal 
     land.--
       (A) In general.--As a condition of each of the conveyances 
     of Federal land under this section, the Secretary shall 
     include in the deed of conveyance a requirement that 
     applicable construction activities and alterations shall be 
     conducted in accordance with--
       (i) nationally recognized building and property maintenance 
     codes; and
       (ii) nationally recognized codes for development in the 
     wildland-urban interface and wildfire hazard mitigation.
       (B) Applicable law.--To the maximum extent practicable, the 
     codes required under subparagraph (A) shall be consistent 
     with the nationally recognized codes adopted or referenced by 
     the State or political subdivisions of the State.
       (C) Enforcement.--The requirements under subparagraph (A) 
     may be enforced by the same entities otherwise enforcing 
     codes, ordinances, and standards.
       (2) Compliance with codes on federal land.--The Secretary 
     shall ensure that applicable construction activities and 
     alterations undertaken or permitted by the Secretary on 
     National Forest System land in the Mount Hood National Forest 
     are conducted in accordance with--
       (A) nationally recognized building and property maintenance 
     codes; and
       (B) nationally recognized codes for development in the 
     wildland-urban interface development and wildfire hazard 
     mitigation.
       (3) Effect on enforcement by states and political 
     subdivisions.--Nothing in this subsection alters or limits 
     the power of the State or a political subdivision of the 
     State to implement or enforce any law (including 
     regulations), rule, or standard relating to development or 
     fire prevention and control.

     SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.

       (a) Transportation Plan.--
       (1) In general.--The Secretary shall seek to participate in 
     the development of an integrated, multimodal transportation 
     plan developed by the Oregon Department of Transportation for 
     the Mount Hood region to achieve comprehensive solutions to 
     transportation challenges in the Mount Hood region--
       (A) to promote appropriate economic development;
       (B) to preserve the landscape of the Mount Hood region; and
       (C) to enhance public safety.
       (2) Issues to be addressed.--In participating in the 
     development of the transportation plan under paragraph (1), 
     the Secretary shall seek to address--
       (A) transportation alternatives between and among 
     recreation areas and gateway communities that are located 
     within the Mount Hood region;
       (B) establishing park-and-ride facilities that shall be 
     located at gateway communities;
       (C) establishing intermodal transportation centers to link 
     public transportation, parking, and recreation destinations;
       (D) creating a new interchange on Oregon State Highway 26 
     located adjacent to or within Government Camp;
       (E) designating, maintaining, and improving alternative 
     routes using Forest Service or State roads for--
       (i) providing emergency routes; or
       (ii) improving access to, and travel within, the Mount Hood 
     region;
       (F) the feasibility of establishing--
       (i) a gondola connection that--

       (I) connects Timberline Lodge to Government Camp; and
       (II) is located in close proximity to the site of the 
     historic gondola corridor; and

       (ii) an intermodal transportation center to be located in 
     close proximity to Government Camp;
       (G) burying power lines located in, or adjacent to, the 
     Mount Hood National Forest along Interstate 84 near the City 
     of Cascade Locks, Oregon; and
       (H) creating mechanisms for funding the implementation of 
     the transportation plan under paragraph (1), including--
       (i) funds provided by the Federal Government;
       (ii) public-private partnerships;
       (iii) incremental tax financing; and
       (iv) other financing tools that link transportation 
     infrastructure improvements with development.

[[Page S9741]]

       (b) Mount Hood National Forest Stewardship Strategy.--
       (1) In general.--The Secretary shall prepare a report on, 
     and implementation schedule for, the vegetation management 
     strategy (including recommendations for biomass utilization) 
     for the Mount Hood National Forest being developed by the 
     Forest Service.
       (2) Submission to congress.--
       (A) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit the report 
     to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Implementation schedule.--Not later than 1 year after 
     the date on which the vegetation management strategy referred 
     to in paragraph (1) is completed, the Secretary shall submit 
     the implementation schedule to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (c) Local and Tribal Relationships.--
       (1) Management plan.--
       (A) In general.--The Secretary, in consultation with Indian 
     tribes with treaty-reserved gathering rights on land 
     encompassed by the Mount Hood National Forest and in a manner 
     consistent with the memorandum of understanding entered into 
     between the Department of Agriculture, the Bureau of Land 
     Management, the Bureau of Indian Affairs, and the 
     Confederated Tribes and Bands of the Warm Springs Reservation 
     of Oregon, dated April 25, 2003, as modified, shall develop 
     and implement a management plan that meets the cultural foods 
     obligations of the United States under applicable treaties, 
     including the Treaty with the Tribes and Bands of Middle 
     Oregon of June 25, 1855 (12 Stat. 963).
       (B) Effect.--This paragraph shall be considered to be 
     consistent with, and is intended to help implement, the 
     gathering rights reserved by the treaty described in 
     subparagraph (A).
       (2) Savings provisions regarding relations with indian 
     tribes.--
       (A) Treaty rights.--Nothing in this subtitle alters, 
     modifies, enlarges, diminishes, or abrogates the treaty 
     rights of any Indian tribe, including the off-reservation 
     reserved rights secured by the Treaty with the Tribes and 
     Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
       (B) Tribal land.--Nothing in this subtitle affects land 
     held in trust by the Secretary of the Interior for Indian 
     tribes or individual members of Indian tribes or other land 
     acquired by the Army Corps of Engineers and administered by 
     the Secretary of the Interior for the benefit of Indian 
     tribes and individual members of Indian tribes.
       (d) Recreational Uses.--
       (1) Mount hood national forest recreational working 
     group.--The Secretary may establish a working group for the 
     purpose of providing advice and recommendations to the Forest 
     Service on planning and implementing recreation enhancements 
     in the Mount Hood National Forest.
       (2) Consideration of conversion of forest roads to 
     recreational uses.--In considering a Forest Service road in 
     the Mount Hood National Forest for possible closure and 
     decommissioning after the date of enactment of this Act, the 
     Secretary, in accordance with applicable law, shall consider, 
     as an alternative to decommissioning the road, converting the 
     road to recreational uses to enhance recreational 
     opportunities in the Mount Hood National Forest.
       (3) Improved trail access for persons with disabilities.--
     The Secretary, in consultation with the public, may design 
     and construct a trail at a location selected by the Secretary 
     in Mount Hood National Forest suitable for use by persons 
     with disabilities.

              Subtitle D--Copper Salmon Wilderness, Oregon

     SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.

       (a) Designation.--Section 3 of the Oregon Wilderness Act of 
     1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``eight hundred fifty-nine thousand six hundred acres'' and 
     inserting ``873,300 acres'';
       (2) in paragraph (29), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(30) certain land in the Siskiyou National Forest, 
     comprising approximately 13,700 acres, as generally depicted 
     on the map entitled `Proposed Copper Salmon Wilderness Area' 
     and dated December 7, 2007, to be known as the `Copper Salmon 
     Wilderness'.''.
       (b) Maps and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this subtitle as the ``Secretary'') shall file a map 
     and a legal description of the Copper Salmon Wilderness 
     with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (3) Boundary.--If the boundary of the Copper Salmon 
     Wilderness shares a border with a road, the Secretary may 
     only establish an offset that is not more than 150 feet from 
     the centerline of the road.
       (4) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.

     SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, 
                   OREGON.

       Section 3(a)(76) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(76)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``19-mile segment'' and inserting ``29-mile segment'';
       (2) in subparagraph (A), by striking ``; and'' and 
     inserting a period; and
       (3) by striking subparagraph (B) and inserting the 
     following:
       ``(B)(i) The approximately 0.6-mile segment of the North 
     Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., 
     Willamette Meridian, downstream to 0.01 miles below Forest 
     Service Road 3353, as a scenic river.
       ``(ii) The approximately 5.5-mile segment of the North Fork 
     Elk from 0.01 miles below Forest Service Road 3353 to its 
     confluence with the South Fork Elk, as a wild river.
       ``(C)(i) The approximately 0.9-mile segment of the South 
     Fork Elk from its source in the southeast quarter of sec. 32, 
     T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 
     miles below Forest Service Road 3353, as a scenic river.
       ``(ii) The approximately 4.2-mile segment of the South Fork 
     Elk from 0.01 miles below Forest Service Road 3353 to its 
     confluence with the North Fork Elk, as a wild river.''.

     SEC. 1303. PROTECTION OF TRIBAL RIGHTS.

       (a) In General.--Nothing in this subtitle shall be 
     construed as diminishing any right of any Indian tribe.
       (b) Memorandum of Understanding.--The Secretary shall seek 
     to enter into a memorandum of understanding with the Coquille 
     Indian Tribe regarding access to the Copper Salmon Wilderness 
     to conduct historical and cultural activities.

         Subtitle E--Cascade-Siskiyou National Monument, Oregon

     SEC. 1401. DEFINITIONS.

       In this subtitle:
       (1) Box r ranch land exchange map.--The term ``Box R Ranch 
     land exchange map'' means the map entitled ``Proposed Rowlett 
     Land Exchange'' and dated June 13, 2006.
       (2) Bureau of land management land.--The term ``Bureau of 
     Land Management land'' means the approximately 40 acres of 
     land administered by the Bureau of Land Management identified 
     as ``Rowlett Selected'', as generally depicted on the Box R 
     Ranch land exchange map.
       (3) Deerfield land exchange map.--The term ``Deerfield land 
     exchange map'' means the map entitled ``Proposed Deerfield-
     BLM Property Line Adjustment'' and dated May 1, 2008.
       (4) Deerfield parcel.--The term ``Deerfield parcel'' means 
     the approximately 1.5 acres of land identified as ``From 
     Deerfield to BLM'', as generally depicted on the Deerfield 
     land exchange map.
       (5) Federal parcel.--The term ``Federal parcel'' means the 
     approximately 1.3 acres of land administered by the Bureau of 
     Land Management identified as ``From BLM to Deerfield'', as 
     generally depicted on the Deerfield land exchange map.
       (6) Grazing allotment.--The term ``grazing allotment'' 
     means any of the Box R, Buck Lake, Buck Mountain, Buck Point, 
     Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, 
     Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove 
     Creek, and Soda Mountain grazing allotments in the State.
       (7) Grazing lease.--The term ``grazing lease'' means any 
     document authorizing the use of a grazing allotment for the 
     purpose of grazing livestock for commercial purposes.
       (8) Landowner.--The term ``Landowner'' means the owner of 
     the Box R Ranch in the State.
       (9) Lessee.--The term ``lessee'' means a livestock operator 
     that holds a valid existing grazing lease for a grazing 
     allotment.
       (10) Livestock.--The term ``livestock'' does not include 
     beasts of burden used for recreational purposes.
       (11) Monument.--The term ``Monument'' means the Cascade-
     Siskiyou National Monument in the State.
       (12) Rowlett parcel.--The term ``Rowlett parcel'' means the 
     parcel of approximately 40 acres of private land identified 
     as ``Rowlett Offered'', as generally depicted on the Box R 
     Ranch land exchange map.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State.--The term ``State'' means the State of Oregon.
       (15) Wilderness.--The term ``Wilderness'' means the Soda 
     Mountain Wilderness designated by section 1405(a).
       (16) Wilderness map.--The term ``wilderness map'' means the 
     map entitled ``Soda Mountain Wilderness'' and dated May 5, 
     2008.

     SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.

       (a) Existing Grazing Leases.--
       (1) Donation of lease.--
       (A) Acceptance by secretary.--The Secretary shall accept 
     any grazing lease that is donated by a lessee.
       (B) Termination.--The Secretary shall terminate any grazing 
     lease acquired under subparagraph (A).
       (C) No new grazing lease.--Except as provided in paragraph 
     (3), with respect to each grazing lease donated under 
     subparagraph (A), the Secretary shall--

[[Page S9742]]

       (i) not issue any new grazing lease within the grazing 
     allotment covered by the grazing lease; and
       (ii) ensure a permanent end to livestock grazing on the 
     grazing allotment covered by the grazing lease.
       (2) Donation of portion of grazing lease.--
       (A) In general.--A lessee with a grazing lease for a 
     grazing allotment partially within the Monument may elect to 
     donate only that portion of the grazing lease that is within 
     the Monument.
       (B) Acceptance by secretary.--The Secretary shall accept 
     the portion of a grazing lease that is donated under 
     subparagraph (A).
       (C) Modification of lease.--Except as provided in paragraph 
     (3), if a lessee donates a portion of a grazing lease under 
     subparagraph (A), the Secretary shall--
       (i) reduce the authorized grazing level and area to reflect 
     the donation; and
       (ii) modify the grazing lease to reflect the reduced level 
     and area of use.
       (D) Authorized level.--To ensure that there is a permanent 
     reduction in the level and area of livestock grazing on the 
     land covered by a portion of a grazing lease donated under 
     subparagraph (A), the Secretary shall not allow grazing to 
     exceed the authorized level and area established under 
     subparagraph (C).
       (3) Common allotments.--
       (A) In general.--If a grazing allotment covered by a 
     grazing lease or portion of a grazing lease that is donated 
     under paragraph (1) or (2) also is covered by another grazing 
     lease that is not donated, the Secretary shall reduce the 
     grazing level on the grazing allotment to reflect the 
     donation.
       (B) Authorized level.--To ensure that there is a permanent 
     reduction in the level of livestock grazing on the land 
     covered by the grazing lease or portion of a grazing lease 
     donated under paragraph (1) or (2), the Secretary shall not 
     allow grazing to exceed the level established under 
     subparagraph (A).
       (b) Limitations.--The Secretary--
       (1) with respect to the Agate, Emigrant Creek, and Siskiyou 
     allotments in and near the Monument--
       (A) shall not issue any grazing lease; and
       (B) shall ensure a permanent end to livestock grazing on 
     each allotment; and
       (2) shall not establish any new allotments for livestock 
     grazing that include any Monument land (whether leased or not 
     leased for grazing on the date of enactment of this Act).
       (c) Effect of Donation.--A lessee who donates a grazing 
     lease or a portion of a grazing lease under this section 
     shall be considered to have waived any claim to any range 
     improvement on the associated grazing allotment or portion of 
     the associated grazing allotment, as applicable.

     SEC. 1403. BOX R RANCH LAND EXCHANGE.

       (a) In General.--For the purpose of protecting and 
     consolidating Federal land within the Monument, the 
     Secretary--
       (1) may offer to convey to the Landowner the Bureau of Land 
     Management land in exchange for the Rowlett parcel; and
       (2) if the Landowner accepts the offer--
       (A) the Secretary shall convey to the Landowner all right, 
     title, and interest of the United States in and to the Bureau 
     of Land Management land; and
       (B) the Landowner shall convey to the Secretary all right, 
     title, and interest of the Landowner in and to the Rowlett 
     parcel.
       (b) Surveys.--
       (1) In general.--The exact acreage and legal description of 
     the Bureau of Land Management land and the Rowlett parcel 
     shall be determined by surveys approved by the Secretary.
       (2) Costs.--The responsibility for the costs of any surveys 
     conducted under paragraph (1), and any other administrative 
     costs of carrying out the land exchange, shall be determined 
     by the Secretary and the Landowner.
       (c) Conditions.--The conveyance of the Bureau of Land 
     Management land and the Rowlett parcel under this section 
     shall be subject to--
       (1) valid existing rights;
       (2) title to the Rowlett parcel being acceptable to the 
     Secretary and in conformance with the title approval 
     standards applicable to Federal land acquisitions;
       (3) such terms and conditions as the Secretary may require; 
     and
       (4) except as otherwise provided in this section, any laws 
     (including regulations) applicable to the conveyance and 
     acquisition of land by the Bureau of Land Management.
       (d) Appraisals.--
       (1) In general.--The Bureau of Land Management land and the 
     Rowlett parcel shall be appraised by an independent appraiser 
     selected by the Secretary.
       (2) Requirements.--An appraisal conducted under paragraph 
     (1) shall be conducted in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisition; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Approval.--The appraisals conducted under this 
     subsection shall be submitted to the Secretary for approval.
       (e) Grazing Allotment.--As a condition of the land exchange 
     authorized under this section, the lessee of the grazing 
     lease for the Box R grazing allotment shall donate the Box R 
     grazing lease in accordance with section 1402(a)(1).

     SEC. 1404. DEERFIELD LAND EXCHANGE.

       (a) In General.--For the purpose of protecting and 
     consolidating Federal land within the Monument, the 
     Secretary--
       (1) may offer to convey to Deerfield Learning Associates 
     the Federal parcel in exchange for the Deerfield parcel; and
       (2) if Deerfield Learning Associates accepts the offer--
       (A) the Secretary shall convey to Deerfield Learning 
     Associates all right, title, and interest of the United 
     States in and to the Federal parcel; and
       (B) Deerfield Learning Associates shall convey to the 
     Secretary all right, title, and interest of Deerfield 
     Learning Associates in and to the Deerfield parcel.
       (b) Surveys.--
       (1) In general.--The exact acreage and legal description of 
     the Federal parcel and the Deerfield parcel shall be 
     determined by surveys approved by the Secretary.
       (2) Costs.--The responsibility for the costs of any surveys 
     conducted under paragraph (1), and any other administrative 
     costs of carrying out the land exchange, shall be determined 
     by the Secretary and Deerfield Learning Associates.
       (c) Conditions.--
       (1) In general.--The conveyance of the Federal parcel and 
     the Deerfield parcel under this section shall be subject to--
       (A) valid existing rights;
       (B) title to the Deerfield parcel being acceptable to the 
     Secretary and in conformance with the title approval 
     standards applicable to Federal land acquisitions;
       (C) such terms and conditions as the Secretary may require; 
     and
       (D) except as otherwise provided in this section, any laws 
     (including regulations) applicable to the conveyance and 
     acquisition of land by the Bureau of Land Management.
       (d) Appraisals.--
       (1) In general.--The Federal parcel and the Deerfield 
     parcel shall be appraised by an independent appraiser 
     selected by the Secretary.
       (2) Requirements.--An appraisal conducted under paragraph 
     (1) shall be conducted in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisition; and
       (B) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Approval.--The appraisals conducted under this 
     subsection shall be submitted to the Secretary for approval.

     SEC. 1405. SODA MOUNTAIN WILDERNESS.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), approximately 24,100 acres of Monument 
     land, as generally depicted on the wilderness map, is 
     designated as wilderness and as a component of the National 
     Wilderness Preservation System, to be known as the ``Soda 
     Mountain Wilderness''.
       (b) Map and Legal Description.--
       (1) Submission of map and legal description.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall file a map and legal description of the 
     Wilderness with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force and effect.--
       (A) In general.--The map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this subtitle, except that the Secretary may 
     correct any clerical or typographical error in the map or 
     legal description.
       (B) Notification.--The Secretary shall submit to Congress 
     notice of any changes made in the map or legal description 
     under subparagraph (A), including notice of the reason for 
     the change.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (c) Administration of Wilderness.--
       (1) In general.--Subject to valid existing rights, the 
     Wilderness shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (A) any reference in the Wilderness Act to the effective 
     date of the Wilderness Act shall be considered to be a 
     reference to the date of enactment of this Act; and
       (B) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (2) Fire, insect, and disease management activities.--
     Except as provided by Presidential Proclamation Number 7318, 
     dated June 9, 2000 (65 Fed. Reg. 37247), within the 
     wilderness areas designated by this subtitle, the Secretary 
     may take such measures in accordance with section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to 
     control fire, insects, and diseases, subject to such terms 
     and conditions as the Secretary determines to be desirable 
     and appropriate.
       (3) Livestock.--Except as provided in section 1402 and by 
     Presidential Proclamation Number 7318, dated June 9, 2000 (65 
     Fed. Reg. 37247), the grazing of livestock in the Wilderness, 
     if established before the date of enactment of this Act, 
     shall be permitted to continue subject to such reasonable 
     regulations as are considered necessary by the Secretary in 
     accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior

[[Page S9743]]

     and Insular Affairs of the House of Representatives 
     accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-
     405).
       (4) Fish and wildlife management.--In accordance with 
     section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
     nothing in this subtitle affects the jurisdiction of the 
     State with respect to fish and wildlife on public land in the 
     State.
       (5) Incorporation of acquired land and interests.--Any land 
     or interest in land within the boundary of the Wilderness 
     that is acquired by the United States shall--
       (A) become part of the Wilderness; and
       (B) be managed in accordance with this subtitle, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.

     SEC. 1406. EFFECT.

       Nothing in this subtitle--
       (1) affects the authority of a Federal agency to modify or 
     terminate grazing permits or leases, except as provided in 
     section 1402;
       (2) authorizes the use of eminent domain;
       (3) creates a property right in any grazing permit or lease 
     on Federal land;
       (4) establishes a precedent for future grazing permit or 
     lease donation programs; or
       (5) affects the allocation, ownership, interest, or 
     control, in existence on the date of enactment of this Act, 
     of any water, water right, or any other valid existing right 
     held by the United States, an Indian tribe, a State, or a 
     private individual, partnership, or corporation.

               Subtitle F--Owyhee Public Land Management

     SEC. 1501. DEFINITIONS.

       In this subtitle:
       (1) Account.--The term ``account'' means the Owyhee Land 
     Acquisition Account established by section 1505(b)(1).
       (2) County.--The term ``County'' means Owyhee County, 
     Idaho.
       (3) Owyhee front.--The term ``Owyhee Front'' means the area 
     of the County from Jump Creek on the west to Mud Flat Road on 
     the east and draining north from the crest of the Silver City 
     Range to the Snake River.
       (4) Plan.--The term ``plan'' means a travel management plan 
     for motorized and mechanized off-highway vehicle recreation 
     prepared under section 1507.
       (5) Public land.--The term ``public land'' has the meaning 
     given the term in section 103(e) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1702(e)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of Idaho.
       (8) Tribes.--The term ``Tribes'' means the Shoshone Paiute 
     Tribes of the Duck Valley Reservation.

     SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.

       (a) Establishment.--The Secretary, in coordination with the 
     Tribes, State, and County, and in consultation with the 
     University of Idaho, Federal grazing permittees, and public, 
     shall establish the Owyhee Science Review and Conservation 
     Center in the County to conduct research projects to address 
     natural resources management issues affecting public and 
     private rangeland in the County.
       (b) Purpose.--The purpose of the center established under 
     subsection (a) shall be to facilitate the collection and 
     analysis of information to provide Federal and State 
     agencies, the Tribes, the County, private landowners, and the 
     public with information on improved rangeland management.

     SEC. 1503. WILDERNESS AREAS.

       (a) Wilderness Areas Designation.--
       (1) In general.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Big jacks creek wilderness.--Certain land comprising 
     approximately 52,826 acres, as generally depicted on the map 
     entitled ``Little Jacks Creek and Big Jacks Creek 
     Wilderness'' and dated May 5, 2008, which shall be known as 
     the ``Big Jacks Creek Wilderness''.
       (B) Bruneau-jarbidge rivers wilderness.--Certain land 
     comprising approximately 89,996 acres, as generally depicted 
     on the map entitled ``Bruneau-Jarbidge Rivers Wilderness'' 
     and dated May 5, 2008, which shall be known as the ``Bruneau-
     Jarbidge Rivers Wilderness''.
       (C) Little jacks creek wilderness.--Certain land comprising 
     approximately 50,929 acres, as generally depicted on the map 
     entitled ``Little Jacks Creek and Big Jacks Creek 
     Wilderness'' and dated May 5, 2008, which shall be known as 
     the ``Little Jacks Creek Wilderness''.
       (D) North fork owyhee wilderness.--Certain land comprising 
     approximately 43,413 acres, as generally depicted on the map 
     entitled ``North Fork Owyhee and Pole Creek Wilderness'' and 
     dated May 5, 2008, which shall be known as the ``North Fork 
     Owyhee Wilderness''.
       (E) Owyhee river wilderness.--Certain land comprising 
     approximately 267,328 acres, as generally depicted on the map 
     entitled ``Owyhee River Wilderness'' and dated May 5, 2008, 
     which shall be known as the ``Owyhee River Wilderness''.
       (F) Pole creek wilderness.--Certain land comprising 
     approximately 12,533 acres, as generally depicted on the map 
     entitled ``North Fork Owyhee and Pole Creek Wilderness'' and 
     dated May 5, 2008, which shall be known as the ``Pole Creek 
     Wilderness''.
       (2) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, 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 map and legal description for each area 
     designated as wilderness by this subtitle.
       (B) Effect.--Each map and legal description submitted under 
     subparagraph (A) shall have the same force and effect as if 
     included in this subtitle, except that the Secretary may 
     correct minor errors in the map or legal description.
       (C) Availability.--Each map and legal description submitted 
     under subparagraph (A) shall be available in the appropriate 
     offices of the Bureau of Land Management.
       (3) Release of wilderness study areas.--
       (A) In general.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the public land in the County 
     administered by the Bureau of Land Management has been 
     adequately studied for wilderness designation.
       (B) Release.--Any public land referred to in subparagraph 
     (A) that is not designated as wilderness by this subtitle--
       (i) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (ii) shall be managed in accordance with the applicable 
     land use plan adopted under section 202 of that Act (43 
     U.S.C. 1712).
       (b) Administration.--
       (1) In general.--Subject to valid existing rights, each 
     area designated as wilderness by this subtitle shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (A) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (B) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (2) Withdrawal.--Subject to valid existing rights, the 
     Federal land designated as wilderness by this subtitle is 
     withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under the mineral leasing, mineral 
     materials, and geothermal leasing laws.
       (3) Livestock.--
       (A) In general.--In the wilderness areas designated by this 
     subtitle, the grazing of livestock in areas in which grazing 
     is established as of the date of enactment of this Act shall 
     be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary 
     considers necessary, consistent with section 4(d)(4) of the 
     Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
     described in Appendix A of House Report 101-405.
       (B) Inventory.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall conduct an 
     inventory of existing facilities and improvements associated 
     with grazing activities in the wilderness areas and wild and 
     scenic rivers designated by this subtitle.
       (C) Fencing.--The Secretary may construct and maintain 
     fencing around wilderness areas designated by this subtitle 
     as the Secretary determines to be appropriate to enhance 
     wilderness values.
       (D) Donation of grazing permits or leases.--
       (i) Acceptance by secretary.--The Secretary shall accept 
     the donation of any valid existing permits or leases 
     authorizing grazing on public land, all or a portion of which 
     is within the wilderness areas designated by this subtitle.
       (ii) Termination.--With respect to each permit or lease 
     donated under clause (i), the Secretary shall--

       (I) terminate the grazing permit or lease; and
       (II) except as provided in clause (iii), ensure a permanent 
     end to grazing on the land covered by the permit or lease.

       (iii) Common allotments.--

       (I) In general.--If the land covered by a permit or lease 
     donated under clause (i) is also covered by another valid 
     existing permit or lease that is not donated under clause 
     (i), the Secretary shall reduce the authorized grazing level 
     on the land covered by the permit or lease to reflect the 
     donation of the permit or lease under clause (i).
       (II) Authorized level.--To ensure that there is a permanent 
     reduction in the level of grazing on the land covered by a 
     permit or lease donated under clause (i), the Secretary shall 
     not allow grazing use to exceed the authorized level 
     established under subclause (I).

       (iv) Partial donation.--

       (I) In general.--If a person holding a valid grazing permit 
     or lease donates less than the full amount of grazing use 
     authorized under the permit or lease, the Secretary shall--

       (aa) reduce the authorized grazing level to reflect the 
     donation; and
       (bb) modify the permit or lease to reflect the revised 
     level of use.

       (II) Authorized level.--To ensure that there is a permanent 
     reduction in the authorized level of grazing on the land 
     covered by a permit or lease donated under subclause (I), the 
     Secretary shall not allow grazing use

[[Page S9744]]

     to exceed the authorized level established under that 
     subclause.

       (4) Acquisition of land and interests in land.--
       (A) In general.--Consistent with applicable law, the 
     Secretary may acquire land or interests in land within the 
     boundaries of the wilderness areas designated by this 
     subtitle by purchase, donation, or exchange.
       (B) Incorporation of acquired land.--Any land or interest 
     in land in, or adjoining the boundary of, a wilderness area 
     designated by this subtitle that is acquired by the United 
     States shall be added to, and administered as part of, the 
     wilderness area in which the acquired land or interest in 
     land is located.
       (5) Trail plan.--
       (A) In general.--The Secretary, after providing 
     opportunities for public comment, shall establish a trail 
     plan that addresses hiking and equestrian trails on the land 
     designated as wilderness by this subtitle, in a manner 
     consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
       (B) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes the implementation of the trail plan.
       (6) Outfitting and guide activities.--Consistent with 
     section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 
     commercial services (including authorized outfitting and 
     guide activities) are authorized in wilderness areas 
     designated by this subtitle to the extent necessary for 
     activities that fulfill the recreational or other wilderness 
     purposes of the areas.
       (7) Access to private property.--In accordance with section 
     5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary 
     shall provide any owner of private property within the 
     boundary of a wilderness area designated by this subtitle 
     adequate access to the property.
       (8) Fish and wildlife.--
       (A) In general.--Nothing in this subtitle affects the 
     jurisdiction of the State with respect to fish and wildlife 
     on public land in the State.
       (B) Management activities.--
       (i) In general.--In furtherance of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     the Secretary may conduct any management activities that are 
     necessary to maintain or restore fish and wildlife 
     populations and habitats in the wilderness areas designated 
     by this subtitle, if the management activities are--

       (I) consistent with relevant wilderness management plans; 
     and
       (II) conducted in accordance with appropriate policies, 
     such as the policies established in Appendix B of House 
     Report 101-405.

       (ii) Inclusions.--Management activities under clause (i) 
     may include the occasional and temporary use of motorized 
     vehicles, if the use, as determined by the Secretary, would 
     promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values 
     while causing the minimum impact necessary to accomplish 
     those tasks.
       (C) Existing activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies, such as those 
     established in Appendix B of House Report 101-405, the State 
     may use aircraft (including helicopters) in the wilderness 
     areas designated by this subtitle to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, feral 
     horses, and feral burros.
       (9) Wildfire, insect, and disease management.--Consistent 
     with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)), the Secretary may take any measures that the 
     Secretary determines to be necessary to control fire, 
     insects, and diseases, including, as the Secretary determines 
     appropriate, the coordination of those activities with a 
     State or local agency.
       (10) Adjacent management.--
       (A) In general.--The designation of a wilderness area by 
     this subtitle shall not create any protective perimeter or 
     buffer zone around the wilderness area.
       (B) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area designated by this subtitle shall not 
     preclude the conduct of those activities or uses outside the 
     boundary of the wilderness area.
       (11) Military overflights.--Nothing in this subtitle 
     restricts or precludes--
       (A) low-level overflights of military aircraft over the 
     areas designated as wilderness by this subtitle, including 
     military overflights that can be seen or heard within the 
     wilderness areas;
       (B) flight testing and evaluation; or
       (C) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the wilderness areas.
       (12) Water rights.--
       (A) In general.--The designation of areas as wilderness by 
     subsection (a) shall not create an express or implied 
     reservation by the United States of any water or water rights 
     for wilderness purposes with respect to such areas.
       (B) Exclusions.--This paragraph does not apply to any 
     components of the National Wild and Scenic Rivers System 
     designated by section 1504.

     SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) In General.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is 
     amended by adding at the end the following:
       ``(180) Battle creek, idaho.--The 23.4 miles of Battle 
     Creek from the confluence of the Owyhee River to the upstream 
     boundary of the Owyhee River Wilderness, to be administered 
     by the Secretary of the Interior as a wild river.
       ``(181) Big jacks creek, idaho.--The 35.0 miles of Big 
     Jacks Creek from the downstream border of the Big Jacks Creek 
     Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which 
     it enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise 
     Meridian, to be administered by the Secretary of the Interior 
     as a wild river.
       ``(182) Bruneau river, idaho.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the 39.3-mile segment of the Bruneau River from the 
     downstream boundary of the Bruneau-Jarbidge Wilderness to the 
     upstream confluence with the west fork of the Bruneau River, 
     to be administered by the Secretary of the Interior as a wild 
     river.
       ``(B) Exception.--Notwithstanding subparagraph (A), the 
     0.6-mile segment of the Bruneau River at the Indian Hot 
     Springs public road access shall be administered by the 
     Secretary of the Interior as a recreational river.
       ``(183) West fork bruneau river, idaho.--The approximately 
     0.35 miles of the West Fork of the Bruneau River from the 
     confluence with the Jarbidge River to the downstream boundary 
     of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 
     5, T. 13 S., R. 7 E., Boise Meridian, to be administered by 
     the Secretary of the Interior as a wild river.
       ``(184) Cottonwood creek, idaho.--The 2.6 miles of 
     Cottonwood Creek from the confluence with Big Jacks Creek to 
     the upstream boundary of the Big Jacks Creek Wilderness, to 
     be administered by the Secretary of the Interior as a wild 
     river.
       ``(185) Deep creek, idaho.--The 13.1-mile segment of Deep 
     Creek from the confluence with the Owyhee River to the 
     upstream boundary of the Owyhee River Wilderness in sec. 30, 
     T. 12 S., R. 2 W., Boise Meridian, to be administered by the 
     Secretary of the Interior as a wild river.
       ``(186) Dickshooter creek, idaho.--The 9.25 miles of 
     Dickshooter Creek from the confluence with Deep Creek to a 
     point on the stream \1/4\ mile due west of the east boundary 
     of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be 
     administered by the Secretary of the Interior as a wild 
     river.
       ``(187) Duncan creek, idaho.--The 0.9-mile segment of 
     Duncan Creek from the confluence with Big Jacks Creek 
     upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., 
     Boise Meridian, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(188) Jarbidge river, idaho.--The 28.8 miles of the 
     Jarbidge River from the confluence with the West Fork Bruneau 
     River to the upstream boundary of the Bruneau-Jarbidge Rivers 
     Wilderness, to be administered by the Secretary of the 
     Interior as a wild river.
       ``(189) Little jacks creek, idaho.--The 12.4 miles of 
     Little Jacks Creek from the downstream boundary of the Little 
     Jacks Creek Wilderness, upstream to the mouth of OX Prong 
     Creek, to be administered by the Secretary of the Interior as 
     a wild river.
       ``(190) North fork owyhee river, idaho.--The following 
     segments of the North Fork of the Owyhee River, to be 
     administered by the Secretary of the Interior:
       ``(A) The 5.7-mile segment from the Idaho-Oregon State 
     border to the upstream boundary of the private land at the 
     Juniper Mt. Road crossing, as a recreational river.
       ``(B) The 15.1-mile segment from the upstream boundary of 
     the North Fork Owyhee River recreational segment designated 
     in paragraph (A) to the upstream boundary of the North Fork 
     Owyhee River Wilderness, as a wild river.
       ``(191) Owyhee river, idaho.--
       ``(A) In general.--Subject to subparagraph (B), the 67.3 
     miles of the Owyhee River from the Idaho-Oregon State border 
     to the upstream boundary of the Owyhee River Wilderness, to 
     be administered by the Secretary of the Interior as a wild 
     river.
       ``(B) Access.--The Secretary of the Interior shall allow 
     for continued access across the Owyhee River at Crutchers 
     Crossing, subject to such terms and conditions as the 
     Secretary of the Interior determines to be necessary.
       ``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon 
     from the confluence of the Owyhee River to the upstream 
     boundary of the Owyhee River Wilderness, to be administered 
     by the Secretary of the Interior as a wild river.
       ``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek 
     from the confluence with the Bruneau River to the upstream 
     boundary of the Bruneau-Jarbidge Rivers Wilderness, to be 
     administered by the Secretary of the Interior as a wild 
     river.
       ``(194) South fork owyhee river, idaho.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the 31.4-mile segment of the South Fork of the Owyhee River 
     upstream from the confluence with the Owyhee River to the 
     upstream boundary of the Owyhee River Wilderness at the 
     Idaho-Nevada State border, to be administered by the 
     Secretary of the Interior as a wild river.
       ``(B) Exception.--Notwithstanding subparagraph (A), the 
     1.2-mile segment of the South Fork of the Owyhee River from 
     the

[[Page S9745]]

     point at which the river enters the southernmost boundary to 
     the point at which the river exits the northernmost boundary 
     of private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise 
     Meridian, shall be administered by the Secretary of the 
     Interior as a recreational river.
       ``(195) Wickahoney creek, idaho.--The 1.5 miles of 
     Wickahoney Creek from the confluence of Big Jacks Creek to 
     the upstream boundary of the Big Jacks Creek Wilderness, to 
     be administered by the Secretary of the Interior as a wild 
     river.''.
       (b) Boundaries.--Notwithstanding section 3(b) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a 
     river segment designated as a component of the National Wild 
     and Scenic Rivers System under this subtitle shall extend not 
     more than the shorter of--
       (1) an average distance of \1/4\ mile from the high water 
     mark on both sides of the river segment; or
       (2) the distance to the nearest confined canyon rim.
       (c) Land Acquisition.--The Secretary shall not acquire any 
     private land within the exterior boundary of a wild and 
     scenic river corridor without the consent of the owner.

     SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.

       (a) In General.--Consistent with applicable law, the 
     Secretary may sell public land located within the Boise 
     District of the Bureau of Land Management that, as of July 
     25, 2000, has been identified for disposal in appropriate 
     resource management plans.
       (b) Use of Proceeds.--
       (1) In general.--Notwithstanding any other provision of law 
     (other than a law that specifically provides for a proportion 
     of the proceeds of a land sale to be distributed to any trust 
     fund of the State), proceeds from the sale of public land 
     under subsection (a) shall be deposited in a separate account 
     in the Treasury of the United States to be known as the 
     ``Owyhee Land Acquisition Account''.
       (2) Availability.--
       (A) In general.--Amounts in the account shall be available 
     to the Secretary, without further appropriation, to purchase 
     land or interests in land in, or adjacent to, the wilderness 
     areas designated by this subtitle, including land identified 
     as ``Proposed for Acquisition'' on the maps described in 
     section 1503(a)(1).
       (B) Applicable law.--Any purchase of land or interest in 
     land under subparagraph (A) shall be in accordance with 
     applicable law.
       (3) Applicability.--This subsection applies to public land 
     within the Boise District of the Bureau of Land Management 
     sold on or after January 1, 2008.
       (4) Additional amounts.--If necessary, the Secretary may 
     use additional amounts appropriated to the Department of the 
     Interior, subject to applicable reprogramming guidelines.
       (c) Termination of Authority.--
       (1) In general.--The authority provided under this section 
     terminates on the earlier of--
       (A) the date that is 10 years after the date of enactment 
     of this Act; or
       (B) the date on which a total of $8,000,000 from the 
     account is expended.
       (2) Availability of amounts.--Any amounts remaining in the 
     account on the termination of authority under this section 
     shall be--
       (A) credited as sales of public land in the State;
       (B) transferred to the Federal Land Disposal Account 
     established under section 206(a) of the Federal Land 
     Transaction Facilitation Act (43 U.S.C. 2305(a)); and
       (C) used in accordance with that subtitle.

     SEC. 1506. TRIBAL CULTURAL RESOURCES.

       (a) Coordination.--The Secretary shall coordinate with the 
     Tribes in the implementation of the Shoshone Paiute Cultural 
     Resource Protection Plan.
       (b) Agreements.--The Secretary shall seek to enter into 
     agreements with the Tribes to implement the Shoshone Paiute 
     Cultural Resource Protection Plan to protect cultural sites 
     and resources important to the continuation of the traditions 
     and beliefs of the Tribes.

     SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.

       (a) In General.--In accordance with the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.), the 
     Secretary shall, in coordination with the Tribes, State, and 
     County, prepare 1 or more travel management plans for 
     motorized and mechanized off-highway vehicle recreation for 
     the land managed by the Bureau of Land Management in the 
     County.
       (b) Inventory.--Before preparing the plan under subsection 
     (a), the Secretary shall conduct resource and route 
     inventories of the area covered by the plan.
       (c) Limitation to Designated Routes.--
       (1) In general.--Except as provided in paragraph (2), the 
     plan shall limit recreational motorized and mechanized off-
     highway vehicle use to a system of designated roads and 
     trails established by the plan.
       (2) Exception.--Paragraph (1) shall not apply to 
     snowmobiles.
       (d) Temporary Limitation.--
       (1) In general.--Except as provided in paragraph (2), until 
     the date on which the Secretary completes the plan, all 
     recreational motorized and mechanized off-highway vehicle use 
     shall be limited to roads and trails lawfully in existence on 
     the day before the date of enactment of this Act.
       (2) Exception.--Paragraph (1) shall not apply to--
       (A) snowmobiles; or
       (B) areas specifically identified as open, closed, or 
     limited in the Owyhee Resource Management Plan.
       (e) Schedule.--
       (1) Owyhee front.--It is the intent of Congress that, not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall complete a transportation plan for the 
     Owyhee Front.
       (2) Other bureau of land management land in the county.--It 
     is the intent of Congress that, not later than 3 years after 
     the date of enactment of this Act, the Secretary shall 
     complete a transportation plan for Bureau of Land Management 
     land in the County outside the Owyhee Front.

     SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.

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

              Subtitle G--Sabinoso Wilderness, New Mexico

     SEC. 1601. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``map'' means the map entitled 
     ``Sabinoso Wilderness'' and dated September 8, 2008.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.

       (a) In General.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 
     16,030 acres of land under the jurisdiction of the Taos Field 
     Office Bureau of Land Management, New Mexico, as generally 
     depicted on the map, is designated as wilderness and as a 
     component of the National Wilderness Preservation System, to 
     be known as the ``Sabinoso Wilderness''.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the Sabinoso Wilderness with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any clerical and typographical errors in the map and 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (c) Administration of Wilderness.--
       (1) In general.--Subject to valid existing rights, the 
     Sabinoso Wilderness shall be administered by the Secretary in 
     accordance with this subtitle and the Wilderness Act (16 
     U.S.C. 1131 et seq.), except that--
       (A) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (B) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (2) Incorporation of acquired land and interests.--Any land 
     or interest in land within the boundary of the Sabinoso 
     Wilderness that is acquired by the United States shall--
       (A) become part of the Sabinoso Wilderness; and
       (B) be managed in accordance with this subtitle and any 
     other laws applicable to the Sabinoso Wilderness.
       (3) Grazing.--The grazing of livestock in the Sabinoso 
     Wilderness, if established before the date of enactment of 
     this Act, shall be administered in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (4) Fish and wildlife.--In accordance with section 4(d)(7) 
     of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects the jurisdiction of the State with respect 
     to fish and wildlife in the State.
       (5) Access.--
       (A) In general.--In accordance with section 5(a) of the 
     Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall 
     continue to allow private landowners adequate access to 
     inholdings in the Sabinoso Wilderness.
       (B) Certain land.--For access purposes, private land within 
     T. 16 N., R. 23 E., secs. 17 and 20 and the N\1/2\ of sec. 
     21, N.M.M., shall be managed as an inholding in the Sabinoso 
     Wilderness.
       (d) Withdrawal.--Subject to valid existing rights, the land 
     generally depicted on the map as ``Lands Withdrawn From 
     Mineral Entry'' and ``Lands Released From Wilderness Study 
     Area & Withdrawn From Mineral Entry'' is withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws, except disposal by exchange in 
     accordance with section 206 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716);
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral materials and geothermal 
     leasing laws.

[[Page S9746]]

        Subtitle H--Pictured Rocks National Lakeshore Wilderness

     SEC. 1651. DEFINITIONS.

       In this subtitle:
       (1) Line of demarcation.--The term ``line of demarcation'' 
     means the point on the bank or shore at which the surface 
     waters of Lake Superior meet the land or sand beach, 
     regardless of the level of Lake Superior.
       (2) Map.--The term ``map'' means the map entitled 
     ``Pictured Rocks National Lakeshore Beaver Basin Wilderness 
     Boundary'', numbered 625/80,051, and dated April 16, 2007.
       (3) National lakeshore.--The term ``National Lakeshore'' 
     means the Pictured Rocks National Lakeshore.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Wilderness.--The term ``Wilderness'' means the Beaver 
     Basin Wilderness designated by section 1652(a).

     SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the land described in subsection (b) is 
     designated as wilderness and as a component of the National 
     Wilderness Preservation System, to be known as the ``Beaver 
     Basin Wilderness''.
       (b) Description of Land.--The land referred to in 
     subsection (a) is the land and inland water comprising 
     approximately 11,740 acres within the National Lakeshore, as 
     generally depicted on the map.
       (c) Boundary.--
       (1) Line of demarcation.--The line of demarcation shall be 
     the boundary for any portion of the Wilderness that is 
     bordered by Lake Superior.
       (2) Surface water.--The surface water of Lake Superior, 
     regardless of the fluctuating lake level, shall be considered 
     to be outside the boundary of the Wilderness.
       (d) Map and Legal Description.--
       (1) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (2) Legal description.--As soon as practicable after the 
     date of enactment of this Act, 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 legal description of the boundary of the 
     Wilderness.
       (3) Force and effect.--The map and the legal description 
     submitted under paragraph (2) shall have the same force and 
     effect as if included in this subtitle, except that the 
     Secretary may correct any clerical or typographical errors in 
     the map and legal description.

     SEC. 1653. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     Wilderness shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in that Act to the effective date of that 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) with respect to land administered by the Secretary, any 
     reference in that Act to the Secretary of Agriculture shall 
     be considered to be a reference to the Secretary.
       (b) Use of Electric Motors.--The use of boats powered by 
     electric motors on Little Beaver and Big Beaver Lakes may 
     continue, subject to any applicable laws (including 
     regulations).

     SEC. 1654. EFFECT.

       Nothing in this subtitle--
       (1) modifies, alters, or affects any treaty rights;
       (2) alters the management of the water of Lake Superior 
     within the boundary of the Pictured Rocks National Lakeshore 
     in existence on the date of enactment of this Act; or
       (3) prohibits--
       (A) the use of motors on the surface water of Lake Superior 
     adjacent to the Wilderness; or
       (B) the beaching of motorboats at the line of demarcation.

                 Subtitle I--Oregon Badlands Wilderness

     SEC. 1701. DEFINITIONS.

       In this subtitle:
       (1) District.--The term ``District'' means the Central 
     Oregon Irrigation District.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Oregon.
       (4) Wilderness map.--The term ``wilderness map'' means the 
     map entitled ``Badlands Wilderness'' and dated September 3, 
     2008.

     SEC. 1702. OREGON BADLANDS WILDERNESS.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 29,301 acres of 
     Bureau of Land Management land in the State, as generally 
     depicted on the wilderness map, is designated as wilderness 
     and as a component of the National Wilderness Preservation 
     System, to be known as the ``Oregon Badlands Wilderness''.
       (b) Administration of Wilderness.--
       (1) In general.--Subject to valid existing rights, the 
     Oregon Badlands Wilderness shall be administered by the 
     Secretary in accordance with the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that--
       (A) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (B) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (2) Incorporation of acquired land and interests.--Any land 
     or interest in land within the boundary of the Oregon 
     Badlands Wilderness that is acquired by the United States 
     shall--
       (A) become part of the Oregon Badlands Wilderness; and
       (B) be managed in accordance with this subtitle, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (3) Grazing.--The grazing of livestock in the Oregon 
     Badlands Wilderness, if established before the date of 
     enactment of this Act, shall be permitted to continue subject 
     to such reasonable regulations as are considered necessary by 
     the Secretary in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (4) Access to private property.--In accordance with section 
     5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary 
     shall provide any owner of private property within the 
     boundary of the Oregon Badlands Wilderness adequate access to 
     the property.
       (c) Potential Wilderness.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of 
     certain Federal land managed by the Bureau of Land Management 
     with a width of 25 feet, as generally depicted on the 
     wilderness map as ``Potential Wilderness'', is designated as 
     potential wilderness.
       (2) Interim management.--The potential wilderness 
     designated by paragraph (1) shall be managed in accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 
     the Secretary may allow nonconforming uses that are 
     authorized and in existence on the date of enactment of this 
     Act to continue in the potential wilderness.
       (3) Designation as wilderness.--On the date on which the 
     Secretary publishes in the Federal Register notice that any 
     nonconforming uses in the potential wilderness designated by 
     paragraph (1) that are permitted under paragraph (2) have 
     terminated, the potential wilderness shall be--
       (A) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (B) incorporated into the Oregon Badlands Wilderness.
       (d) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Oregon Badlands Wilderness with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.

     SEC. 1703. RELEASE.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Badlands 
     wilderness study area that are not designated as the Oregon 
     Badlands Wilderness or as potential wilderness have been 
     adequately studied for wilderness or potential wilderness 
     designation.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this subtitle--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with the applicable land 
     use plan adopted under section 202 of that Act (43 U.S.C. 
     1712).

     SEC. 1704. LAND EXCHANGES.

       (a) Clarno Land Exchange.--
       (1) Conveyance of land.--Subject to subsections (c) through 
     (e), if the landowner offers to convey to the United States 
     all right, title, and interest of the landowner in and to the 
     non-Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the Landowner all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 239 acres of non-Federal 
     land identified on the wilderness map as ``Clarno to Federal 
     Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 209 acres of Federal 
     land identified on the wilderness map as ``Federal Government 
     to Clarno''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (b) District Exchange.--

[[Page S9747]]

       (1) Conveyance of land.--Subject to subsections (c) through 
     (e), if the District offers to convey to the United States 
     all right, title, and interest of the District in and to the 
     non-Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the District all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 527 acres of non-Federal 
     land identified on the wilderness map as ``COID to Federal 
     Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 697 acres of Federal 
     land identified on the wilderness map as ``Federal Government 
     to COID''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (c) Applicable Law.--Except as otherwise provided in this 
     section, the Secretary shall carry out the land exchanges 
     under this section in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (d) Valuation, Appraisals, and Equalization.--
       (1) In general.--The value of the Federal land and the non-
     Federal land to be conveyed in a land exchange under this 
     section--
       (A) shall be equal, as determined by appraisals conducted 
     in accordance with paragraph (2); or
       (B) if not equal, shall be equalized in accordance with 
     paragraph (3).
       (2) Appraisals.--
       (A) In general.--The Federal land and the non-Federal land 
     to be exchanged under this section shall be appraised by an 
     independent, qualified appraiser that is agreed to by the 
     Secretary and the owner of the non-Federal land to be 
     exchanged.
       (B) Requirements.--An appraisal under subparagraph (A) 
     shall be conducted in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Equalization.--
       (A) In general.--If the value of the Federal land and the 
     non-Federal land to be conveyed in a land exchange under this 
     section is not equal, the value may be equalized by--
       (i) making a cash equalization payment to the Secretary or 
     to the owner of the non-Federal land, as appropriate, in 
     accordance with section 206(b) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716(b)); or
       (ii) reducing the acreage of the Federal land or the non-
     Federal land to be exchanged, as appropriate.
       (B) Cash equalization payments.--Any cash equalization 
     payments received by the Secretary under subparagraph (A)(i) 
     shall be--
       (i) deposited in the Federal Land Disposal Account 
     established by section 206(a) of the Federal Land Transaction 
     Facilitation Act (43 U.S.C. 2305(a)); and
       (ii) used in accordance with that Act.
       (e) Conditions of Exchange.--
       (1) In general.--The land exchanges under this section 
     shall be subject to such terms and conditions as the 
     Secretary may require.
       (2) Costs.--As a condition of a conveyance of Federal land 
     and non-Federal land under this section, the Federal 
     Government and the owner of the non-Federal land shall 
     equally share all costs relating to the land exchange, 
     including the costs of appraisals, surveys, and any necessary 
     environmental clearances.
       (3) Valid existing rights.--The exchange of Federal land 
     and non-Federal land under this section shall be subject to 
     any easements, rights-of-way, and other valid rights in 
     existence on the date of enactment of this Act.
       (f) Completion of Land Exchange.--It is the intent of 
     Congress that the land exchanges under this section shall be 
     completed not later than 2 years after the date of enactment 
     of this Act.

     SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.

       Nothing in this subtitle alters, modifies, enlarges, 
     diminishes, or abrogates the treaty rights of any Indian 
     tribe, including the off-reservation reserved rights secured 
     by the Treaty with the Tribes and Bands of Middle Oregon of 
     June 25, 1855 (12 Stat. 963).

              Subtitle J--Spring Basin Wilderness, Oregon

     SEC. 1751. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of Oregon.
       (3) Tribes.--The term ``Tribes'' means the Confederated 
     Tribes of the Warm Springs Reservation of Oregon.
       (4) Wilderness map.--The term ``wilderness map'' means the 
     map entitled ``Spring Basin Wilderness with Land Exchange 
     Proposals'' and dated September 3, 2008.

     SEC. 1752. SPRING BASIN WILDERNESS.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau 
     of Land Management land in the State, as generally depicted 
     on the wilderness map, is designated as wilderness and as a 
     component of the National Wilderness Preservation System, to 
     be known as the ``Spring Basin Wilderness''.
       (b) Administration of Wilderness.--
       (1) In general.--Subject to valid existing rights, the 
     Spring Basin Wilderness shall be administered by the 
     Secretary in accordance with the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that--
       (A) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (B) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (2) Incorporation of acquired land and interests.--Any land 
     or interest in land within the boundary of the Spring Basin 
     Wilderness that is acquired by the United States shall--
       (A) become part of the Spring Basin Wilderness; and
       (B) be managed in accordance with this Act, the Wilderness 
     Act (16 U.S.C. 1131 et seq.), and any other applicable law.
       (3) Grazing.--The grazing of livestock in the Spring Basin 
     Wilderness, if established before the date of enactment of 
     this Act, shall be permitted to continue subject to such 
     reasonable regulations as are considered necessary by the 
     Secretary, in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the Spring Basin Wilderness with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this section, except that the Secretary may 
     correct any typographical errors in the map and legal 
     description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.

     SEC. 1753. RELEASE.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Spring Basin 
     wilderness study area that are not designated by section 
     1752(a) as the Spring Basin Wilderness in the following areas 
     have been adequately studied for wilderness designation:
       (1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
       (2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
       (3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S 
     \1/2\.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this subtitle--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with the applicable land 
     use plan adopted under section 202 of that Act (43 U.S.C. 
     1712).

     SEC. 1754. LAND EXCHANGES.

       (a) Confederated Tribes of the Warm Springs Reservation 
     Land Exchange.--
       (1) Conveyance of land.--Subject to subsections (e) through 
     (g), if the Tribes offer to convey to the United States all 
     right, title, and interest of the Tribes in and to the non-
     Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the Tribes all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 4,480 acres of non-Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from the CTWSIR to the Federal Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 4,578 acres of Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from the Federal Government to CTWSIR''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (4) Withdrawal.--Subject to valid existing rights, the land 
     acquired by the Secretary under this subsection is withdrawn 
     from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under any law relating to mineral and 
     geothermal leasing or mineral materials.

[[Page S9748]]

       (b) McGreer Land Exchange.--
       (1) Conveyance of land.--Subject to subsections (e) through 
     (g), if the landowner offers to convey to the United States 
     all right, title, and interest of the landowner in and to the 
     non-Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the landowner all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 18 acres of non-Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from McGreer to the Federal Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 327 acres of Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from the Federal Government to McGreer''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (c) Keys Land Exchange.--
       (1) Conveyance of land.--Subject to subsections (e) through 
     (g), if the landowner offers to convey to the United States 
     all right, title, and interest of the landowner in and to the 
     non-Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the landowner all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 180 acres of non-Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from Keys to the Federal Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 187 acres of Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from the Federal Government to Keys''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (d) Bowerman Land Exchange.--
       (1) Conveyance of land.--Subject to subsections (e) through 
     (g), if the landowner offers to convey to the United States 
     all right, title, and interest of the landowner in and to the 
     non-Federal land described in paragraph (2)(A), the Secretary 
     shall--
       (A) accept the offer; and
       (B) on receipt of acceptable title to the non-Federal land, 
     convey to the landowner all right, title, and interest of the 
     United States in and to the Federal land described in 
     paragraph (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 32 acres of non-Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from Bowerman to the Federal Government''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is the approximately 24 acres of Federal 
     land identified on the wilderness map as ``Lands proposed for 
     transfer from the Federal Government to Bowerman''.
       (3) Surveys.--The exact acreage and legal description of 
     the Federal land and non-Federal land described in paragraph 
     (2) shall be determined by surveys approved by the Secretary.
       (e) Applicable Law.--Except as otherwise provided in this 
     section, the Secretary shall carry out the land exchanges 
     under this section in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (f) Valuation, Appraisals, and Equalization.--
       (1) In general.--The value of the Federal land and the non-
     Federal land to be conveyed in a land exchange under this 
     section--
       (A) shall be equal, as determined by appraisals conducted 
     in accordance with paragraph (2); or
       (B) if not equal, shall be equalized in accordance with 
     paragraph (3).
       (2) Appraisals.--
       (A) In general.--The Federal land and the non-Federal land 
     to be exchanged under this section shall be appraised by an 
     independent, qualified appraiser that is agreed to by the 
     Secretary and the owner of the non-Federal land to be 
     exchanged.
       (B) Requirements.--An appraisal under subparagraph (A) 
     shall be conducted in accordance with--
       (i) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (ii) the Uniform Standards of Professional Appraisal 
     Practice.
       (3) Equalization.--
       (A) In general.--If the value of the Federal land and the 
     non-Federal land to be conveyed in a land exchange under this 
     section is not equal, the value may be equalized by--
       (i) making a cash equalization payment to the Secretary or 
     to the owner of the non-Federal land, as appropriate, in 
     accordance with section 206(b) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716(b)); or
       (ii) reducing the acreage of the Federal land or the non-
     Federal land to be exchanged, as appropriate.
       (B) Cash equalization payments.--Any cash equalization 
     payments received by the Secretary under subparagraph (A)(i) 
     shall be--
       (i) deposited in the Federal Land Disposal Account 
     established by section 206(a) of the Federal Land Transaction 
     Facilitation Act (43 U.S.C. 2305(a)); and
       (ii) used in accordance with that Act.
       (g) Conditions of Exchange.--
       (1) In general.--The land exchanges under this section 
     shall be subject to such terms and conditions as the 
     Secretary may require.
       (2) Costs.--As a condition of a conveyance of Federal land 
     and non-Federal land under this section, the Federal 
     Government and the owner of the non-Federal land shall 
     equally share all costs relating to the land exchange, 
     including the costs of appraisals, surveys, and any necessary 
     environmental clearances.
       (3) Valid existing rights.--The exchange of Federal land 
     and non-Federal land under this section shall be subject to 
     any easements, rights-of-way, and other valid rights in 
     existence on the date of enactment of this Act.
       (h) Completion of Land Exchange.--It is the intent of 
     Congress that the land exchanges under this section shall be 
     completed not later than 2 years after the date of enactment 
     of this Act.

     SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.

       Nothing in this subtitle alters, modifies, enlarges, 
     diminishes, or abrogates the treaty rights of any Indian 
     tribe, including the off-reservation reserved rights secured 
     by the Treaty with the Tribes and Bands of Middle Oregon of 
     June 25, 1855 (12 Stat. 963).

    Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness, 
                               California

     SEC. 1801. DEFINITIONS.

       In this subtitle:
       (1) Forest.--The term ``Forest'' means the Ancient 
     Bristlecone Pine Forest designated by section 1808(a).
       (2) Recreation area.--The term ``Recreation Area'' means 
     the Bridgeport Winter Recreation Area designated by section 
     1806(a).
       (3) Secretary.--The term ``Secretary'' means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (4) State.--The term ``State'' means the State of 
     California.
       (5) Trail.--The term ``Trail'' means the Pacific Crest 
     National Scenic Trail.

     SEC. 1802. DESIGNATION OF WILDERNESS AREAS.

       In accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the following areas in the State are designated as 
     wilderness and as components of the National Wilderness 
     Preservation System:
       (1) Hoover wilderness addition.--
       (A) In general.--Certain land in the Humboldt-Toiyabe and 
     Inyo National Forests, comprising approximately 79,820 acres 
     and identified as ``Hoover East Wilderness Addition,'' 
     ``Hoover West Wilderness Addition'', and ``Bighorn Proposed 
     Wilderness Addition'', as generally depicted on the maps 
     described in subparagraph (B), is incorporated in, and shall 
     be considered to be a part of, the Hoover Wilderness.
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Humboldt-Toiyabe National Forest 
     Proposed Management'' and dated September 17, 2008; and
       (ii) the map entitled ``Bighorn Proposed Wilderness 
     Additions'' and dated September 23, 2008.
       (C) Effect.--The designation of the wilderness under 
     subparagraph (A) shall not affect the ongoing activities of 
     the adjacent United States Marine Corps Mountain Warfare 
     Training Center on land outside the designated wilderness, in 
     accordance with the agreement between the Center and the 
     Humboldt-Toiyabe National Forest.
       (2) Owens river headwaters wilderness.--Certain land in the 
     Inyo National Forest, comprising approximately 14,721 acres, 
     as generally depicted on the map entitled ``Owens River 
     Headwaters Proposed Wilderness'' and dated September 16, 
     2008, which shall be known as the ``Owens River Headwaters 
     Wilderness''.
       (3) John muir wilderness additions.--
       (A) In general.--Certain land in the Inyo National Forest 
     and certain land administered by the Bureau of Land 
     Management in Inyo County, California, comprising 
     approximately 70,479 acres, as generally depicted on the maps 
     described in subparagraph (B), is incorporated in, and shall 
     be considered to be a part of, the John Muir Wilderness.
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``John Muir Proposed Additions 1 of 
     5'' and dated September 23, 2008;
       (ii) the map entitled ``John Muir Proposed Additions 2 of 
     5'' and dated September 23, 2008;
       (iii) the map entitled ``John Muir Proposed Additions 3 of 
     5'' and dated September 16, 2008;

[[Page S9749]]

       (iv) the map entitled ``John Muir Proposed Additions 4 of 
     5'' and dated September 16, 2008; and
       (v) the map entitled ``John Muir Proposed Additions 5 of 
     5'' and dated September 16, 2008.
       (C) Boundary revision.--The boundary of the John Muir 
     Wilderness is revised as depicted on the map entitled ``John 
     Muir Wilderness--Revised'' and dated September 16, 2008.
       (4) Ansel adams wilderness addition.--Certain land in the 
     Inyo National Forest, comprising approximately 528 acres, as 
     generally depicted on the map entitled ``Ansel Adams Proposed 
     Wilderness Addition'' and dated September 16, 2008, is 
     incorporated in, and shall be considered to be a part of, the 
     Ansel Adams Wilderness.
       (5) White mountains wilderness.--
       (A) In general.--Certain land in the Inyo National Forest 
     and certain land administered by the Bureau of Land 
     Management in Mono County, California, comprising 
     approximately 229,993 acres, as generally depicted on the 
     maps described in subparagraph (B), which shall be known as 
     the ``White Mountains Wilderness''.
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``White Mountains Proposed Wilderness-
     Map 1 of 2 (North)'' and dated September 16, 2008; and
       (ii) the map entitled ``White Mountains Proposed 
     Wilderness-Map 2 of 2 (South)'' and dated September 16, 2008.
       (6) Granite mountain wilderness.--Certain land in the Inyo 
     National Forest and certain land administered by the Bureau 
     of Land Management in Mono County, California, comprising 
     approximately 35,179 acres, as generally depicted on the map 
     entitled ``Granite Mountain Wilderness'' and dated September 
     19, 2008, which shall be known as the ``Granite Mountain 
     Wilderness''.
       (7) Magic mountain wilderness.--Certain land in the Angeles 
     National Forest, comprising approximately 12,313 acres, as 
     generally depicted on the map entitled ``Magic Mountain 
     Proposed Wilderness'' and dated September 23, 2008, which 
     shall be known as the ``Magic Mountain Wilderness''.
       (8) Pleasant view ridge wilderness.--Certain land in the 
     Angeles National Forest, comprising approximately 27,564 
     acres, as generally depicted on the map entitled ``Pleasant 
     View Ridge Proposed Wilderness'' and dated September 9, 2008, 
     which shall be known as the ``Pleasant View Ridge 
     Wilderness''.

     SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.

       (a) Management.--Subject to valid existing rights, the 
     Secretary shall administer the wilderness areas and 
     wilderness additions designated by this subtitle in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the land.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area and wilderness 
     addition designated by this subtitle with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--Each map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     (or interest in land) within the boundary of a wilderness 
     area or wilderness addition designated by this subtitle that 
     is acquired by the Federal Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this subtitle, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (d) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, any Federal land 
     designated as a wilderness area or wilderness addition by 
     this subtitle is withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under laws relating to mineral and 
     geothermal leasing or mineral materials.
       (e) Fire Management and Related Activities.--
       (1) In general.--The Secretary may take such measures in a 
     wilderness area or wilderness addition designated by this 
     subtitle as are necessary for the control of fire, insects, 
     and diseases in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 
     of the 98th Congress.
       (2) Funding priorities.--Nothing in this subtitle limits 
     funding for fire and fuels management in the wilderness areas 
     and wilderness additions designated by this subtitle.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend the local fire management 
     plans that apply to the land designated as a wilderness area 
     or wilderness addition by this subtitle.
       (4) Administration.--Consistent with paragraph (1) and 
     other applicable Federal law, to ensure a timely and 
     efficient response to fire emergencies in the wilderness 
     areas and wilderness additions designated by this subtitle, 
     the Secretary shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (B) enter into agreements with appropriate State or local 
     firefighting agencies.
       (f) Access to Private Property.--The Secretary shall 
     provide any owner of private property within the boundary of 
     a wilderness area or wilderness addition designated by this 
     subtitle adequate access to the property to ensure the 
     reasonable use and enjoyment of the property by the owner.
       (g) Military Activities.--Nothing in this subtitle 
     precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas or wilderness additions designated by this 
     subtitle;
       (2) the designation of new units of special airspace over 
     the wilderness areas or wilderness additions designated by 
     this subtitle; or
       (3) the use or establishment of military flight training 
     routes over wilderness areas or wilderness additions 
     designated by this subtitle.
       (h) Livestock.--Grazing of livestock and the maintenance of 
     existing facilities relating to grazing in wilderness areas 
     or wilderness additions designated by this subtitle, if 
     established before the date of enactment of this Act, shall 
     be permitted to continue in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (i) Fish and Wildlife Management.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
     carry out management activities to maintain or restore fish 
     and wildlife populations and fish and wildlife habitats in 
     wilderness areas or wilderness additions designated by this 
     subtitle if the activities are--
       (A) consistent with applicable wilderness management plans; 
     and
       (B) carried out in accordance with applicable guidelines 
     and policies.
       (2) State jurisdiction.--Nothing in this subtitle affects 
     the jurisdiction of the State with respect to fish and 
     wildlife on public land located in the State.
       (j) Horses.--Nothing in this subtitle precludes horseback 
     riding in, or the entry of recreational or commercial saddle 
     or pack stock into, an area designated as wilderness or as a 
     wilderness addition by this subtitle--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (k) Outfitter and Guide Use.--Outfitter and guide 
     activities conducted under permits issued by the Forest 
     Service on the additions to the John Muir, Ansel Adams, and 
     Hoover wilderness areas designated by this subtitle shall be 
     in addition to any existing limits established for the John 
     Muir, Ansel Adams, and Hoover wilderness areas.
       (l) Transfer to the Forest Service.----
       (1) White mountains wilderness.--Administrative 
     jurisdiction over the approximately 946 acres of land 
     identified as ``Transfer of Administrative Jurisdiction from 
     BLM to FS'' on the maps described in section 1802(5)(B) is 
     transferred from the Bureau of Land Management to the Forest 
     Service to be managed as part of the White Mountains 
     Wilderness.
       (2) John muir wilderness.--Administrative jurisdiction over 
     the approximately 143 acres of land identified as ``Transfer 
     of Administrative Jurisdiction from BLM to FS'' on the maps 
     described in section 1802(3)(B) is transferred from the 
     Bureau of Land Management to the Forest Service to be managed 
     as part of the John Muir Wilderness.
       (m) Transfer to the Bureau of Land Management.--
     Administrative jurisdiction over the approximately 3,010 
     acres of land identified as ``Land from FS to BLM'' on the 
     maps described in section 1802(6) is transferred from the 
     Forest Service to the Bureau of Land Management to be managed 
     as part of the Granite Mountain Wilderness.

     SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for purposes of section 
     603 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1782), any portion of a wilderness study area 
     described in subsection (b) that is not designated as a 
     wilderness area or wilderness addition by this subtitle or 
     any other Act enacted before the date of enactment of this 
     Act has been adequately studied for wilderness.
       (b) Description of Study Areas.--The study areas referred 
     to in subsection (a) are--

[[Page S9750]]

       (1) the Masonic Mountain Wilderness Study Area;
       (2) the Mormon Meadow Wilderness Study Area;
       (3) the Walford Springs Wilderness Study Area; and
       (4) the Granite Mountain Wilderness Study Area.
       (c) Release.--Any portion of a wilderness study area 
     described in subsection (b) that is not designated as a 
     wilderness area or wilderness addition by this subtitle or 
     any other Act enacted before the date of enactment of this 
     Act shall not be subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

     SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) In General.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is 
     amended by adding at the end the following:
       ``(196) Amargosa river, california.--The following segments 
     of the Amargosa River in the State of California, to be 
     administered by the Secretary of the Interior:
       ``(A) The approximately 4.1-mile segment of the Amargosa 
     River from the northern boundary of sec. 7, T. 21 N., R. 7 
     E., to 100 feet upstream of the Tecopa Hot Springs road 
     crossing, as a scenic river.
       ``(B) The approximately 8-mile segment of the Amargosa 
     River from 100 feet downstream of the Tecopa Hot Springs Road 
     crossing to 100 feet upstream of the Old Spanish Trail 
     Highway crossing near Tecopa, as a scenic river.
       ``(C) The approximately 7.9-mile segment of the Amargosa 
     River from the northern boundary of sec. 16, T. 20 N., R. 7 
     E., to .25 miles upstream of the confluence with Sperry Wash 
     in sec. 10, T. 19 N., R. 7 E., as a wild river.
       ``(D) The approximately 4.9-mile segment of the Amargosa 
     River from .25 miles upstream of the confluence with Sperry 
     Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of 
     the Dumont Dunes access road crossing in sec. 32, T. 19 N., 
     R. 7 E., as a recreational river.
       ``(E) The approximately 1.4-mile segment of the Amargosa 
     River from 100 feet downstream of the Dumont Dunes access 
     road crossing in sec. 32, T. 19 N., R. 7 E., as a 
     recreational river.
       ``(197) Owens river headwaters, california.--The following 
     segments of the Owens River in the State of California, to be 
     administered by the Secretary of Agriculture:
       ``(A) The 2.3-mile segment of Deadman Creek from the 2-
     forked source east of San Joaquin Peak to the confluence with 
     the unnamed tributary flowing north into Deadman Creek from 
     sec. 12, T. 3 S., R. 26 E., as a wild river.
       ``(B) The 2.3-mile segment of Deadman Creek from the 
     unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., 
     to the Road 3S22 crossing, as a scenic river.
       ``(C) The 4.1-mile segment of Deadman Creek from the road 
     3S22 crossing to .25 miles downstream of the Highway 395 
     crossing, as a recreational river.
       ``(D) The 3-mile segment of Deadman Creek from .25 miles 
     downstream of the highway 395 crossing to 100 feet upstream 
     of Big Springs, as a scenic river.
       ``(E) The 1-mile segment of the Upper Owens River from 100 
     feet upstream of Big Springs to the private property boundary 
     in sec. 19, T. 2 S., R. 28 E., as a recreational river.
       ``(F) The 4-mile segment of Glass Creek from its 2-forked 
     source to 100 feet upstream of the Glass Creek Meadow 
     Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a 
     wild river.
       ``(G) The 1.3-mile segment of Glass Creek from 100 feet 
     upstream of the trailhead parking area in sec. 29 to the end 
     of the Glass Creek road in sec. 21, T. 2 S., R. 27 E., as a 
     scenic river.
       ``(H) The 1.1-mile segment of Glass Creek from the end of 
     Glass Creek road in sec. 21, T. 2 S., R. 27 E., to the 
     confluence with Deadman Creek, as a recreational river.
       ``(198) Cottonwood creek, california.--The following 
     segments of Cottonwood Creek in the State of California:
       ``(A) The 17.4-mile segment from its headwaters at the 
     spring in sec. 27, T 4 S., R. 34 E., to the Inyo National 
     Forest boundary at the east section line of sec 3, T. 6 S., 
     R. 36 E., as a wild river to be administered by the Secretary 
     of Agriculture.
       ``(B) The 4.1-mile segment from the Inyo National Forest 
     boundary to the northern boundary of sec. 5, T.4 S., R. 34 
     E., as a recreational river, to be administered by the 
     Secretary of the Interior.
       ``(199) Piru creek, california.--The following segments of 
     Piru Creek in the State of California, to be administered by 
     the Secretary of Agriculture:
       ``(A) The 3-mile segment of Piru Creek from 0.5 miles 
     downstream of Pyramid Dam at the first bridge crossing to the 
     boundary of the Sespe Wilderness, as a recreational river.
       ``(B) The 4.25-mile segment from the boundary of the Sespe 
     Wilderness to the boundary between Los Angeles and Ventura 
     Counties, as a wild river.''.
       (b) Effect.--The designation of Piru Creek under subsection 
     (a) shall not affect valid rights in existence on the date of 
     enactment of this Act.

     SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.

       (a) Designation.--The approximately 7,254 acres of land in 
     the Humboldt-Toiyabe National Forest identified as the 
     ``Bridgeport Winter Recreation Area'', as generally depicted 
     on the map entitled ``Humboldt-Toiyabe National Forest 
     Proposed Management'' and dated September 17, 2008, is 
     designated as the Bridgeport Winter Recreation Area.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Recreation Area with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any errors in the map and legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Management.--
       (1) Interim management.--Until completion of the management 
     plan required under subsection (d), and except as provided in 
     paragraph (2), the Recreation Area shall be managed in 
     accordance with the Toiyabe National Forest Land and Resource 
     Management Plan of 1986 (as in effect on the day of enactment 
     of this Act).
       (2) Use of snowmobiles.--The winter use of snowmobiles 
     shall be allowed in the Recreation Area--
       (A) during periods of adequate snow coverage during the 
     winter season; and
       (B) subject to any terms and conditions determined to be 
     necessary by the Secretary.
       (d) Management Plan.--To ensure the sound management and 
     enforcement of the Recreation Area, the Secretary shall, not 
     later than 1 year after the date of enactment of this Act, 
     undergo a public process to develop a winter use management 
     plan that provides for--
       (1) adequate signage;
       (2) a public education program on allowable usage areas;
       (3) measures to ensure adequate sanitation;
       (4) a monitoring and enforcement strategy; and
       (5) measures to ensure the protection of the Trail.
       (e) Enforcement.--The Secretary shall prioritize 
     enforcement activities in the Recreation Area--
       (1) to prohibit degradation of natural resources in the 
     Recreation Area;
       (2) to prevent interference with nonmotorized recreation on 
     the Trail; and
       (3) to reduce user conflicts in the Recreation Area.
       (f) Pacific Crest National Scenic Trail.--The Secretary 
     shall establish an appropriate snowmobile crossing point 
     along the Trail in the area identified as ``Pacific Crest 
     Trail Proposed Crossing Area'' on the map entitled 
     ``Humboldt-Toiyable National Forest Proposed Management'' and 
     dated September 17, 2008--
       (1) in accordance with--
       (A) the National Trails System Act (16 U.S.C. 1241 et 
     seq.); and
       (B) any applicable environmental and public safety laws; 
     and
       (2) subject to the terms and conditions the Secretary 
     determines to be necessary to ensure that the crossing would 
     not--
       (A) interfere with the nature and purposes of the Trail; or
       (B) harm the surrounding landscape.

     SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE 
                   NATIONAL FOREST.

       Certain land in the Humboldt-Toiyabe National Forest, 
     comprising approximately 3,690 acres identified as ``Pickel 
     Hill Management Area'', as generally depicted on the map 
     entitled ``Humboldt-Toiyabe National Forest Proposed 
     Management'' and dated September 17, 2008, shall be managed 
     in a manner consistent with the non-Wilderness forest areas 
     immediately surrounding the Pickel Hill Management Area, 
     including the allowance of snowmobile use.

     SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.

       (a) Designation.--To conserve and protect the Ancient 
     Bristlecone Pines by maintaining near-natural conditions and 
     to ensure the survival of the Pines for the purposes of 
     public enjoyment and scientific study, the approximately 
     31,700 acres of public land in the State, as generally 
     depicted on the map entitled ``Ancient Bristlecone Pine 
     Forest--Proposed'' and dated July 16, 2008, is designated as 
     the ``Ancient Bristlecone Pine Forest''.
       (b) Map and Legal Description.--
       (1) In general.--As soon as practicable, but not later than 
     3 years after the date of enactment of this Act, the 
     Secretary shall file a map and legal description of the 
     Forest with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any errors in the map and legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.

[[Page S9751]]

       (c) Management.--
       (1) In general.--The Secretary shall administer the 
     Forest--
       (A) in a manner that--
       (i) protect the resources and values of the area in 
     accordance with the purposes for which the Forest is 
     established, as described in subsection (a); and
       (ii) promotes the objectives of the applicable management 
     plan (as in effect on the date of enactment of this Act), 
     including objectives relating to--

       (I) the protection of bristlecone pines for public 
     enjoyment and scientific study;
       (II) the recognition of the botanical, scenic, and 
     historical values of the area; and
       (III) the maintenance of near-natural conditions by 
     ensuring that all activities are subordinate to the needs of 
     protecting and preserving bristlecone pines and wood 
     remnants; and

       (B) in accordance with the National Forest Management Act 
     of 1976 (16 U.S.C. 1600 et seq.), this section, and any other 
     applicable laws.
       (2) Uses.--
       (A) In general.--The Secretary shall allow only such uses 
     of the Forest as the Secretary determines would further the 
     purposes for which the Forest is established, as described in 
     subsection (a).
       (B) Scientific research.--Scientific research shall be 
     allowed in the Forest in accordance with the Inyo National 
     Forest Land and Resource Management Plan (as in effect on the 
     date of enactment of this Act).
       (3) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the Forest is withdrawn from--
       (A) all forms of entry, appropriation or disposal under the 
     public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.

          Subtitle L--Riverside County Wilderness, California

     SEC. 1851. WILDERNESS DESIGNATION.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means--
       (1) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (2) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Designation of Wilderness, Cleveland and San Bernardino 
     National Forests, Joshua Tree National Park, and Bureau of 
     Land Management Land in Riverside County, California.--
       (1) Designations.--
       (A) Agua tibia wilderness additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the Cleveland National Forest and certain land administered 
     by the Bureau of Land Management in Riverside County, 
     California, together comprising approximately 2,053 acres, as 
     generally depicted on the map titled ``Proposed Addition to 
     Agua Tibia Wilderness'', and dated May 9, 2008, is designated 
     as wilderness and is incorporated in, and shall be deemed to 
     be a part of, the Agua Tibia Wilderness designated by section 
     2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 
     note).
       (B) Cahuilla mountain wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     San Bernardino National Forest, California, comprising 
     approximately 5,585 acres, as generally depicted on the map 
     titled ``Cahuilla Mountain Proposed Wilderness'', and dated 
     May 1, 2008, is designated as wilderness and, therefore, as a 
     component of the National Wilderness Preservation System, 
     which shall be known as the ``Cahuilla Mountain Wilderness''.
       (C) South fork san jacinto wilderness.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the San Bernardino National Forest, California, comprising 
     approximately 20,217 acres, as generally depicted on the map 
     titled ``South Fork San Jacinto Proposed Wilderness'', and 
     dated May 1, 2008, is designated as wilderness and, 
     therefore, as a component of the National Wilderness 
     Preservation System, which shall be known as the ``South Fork 
     San Jacinto Wilderness''.
       (D) Santa rosa wilderness additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the San Bernardino National Forest, California, and certain 
     land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 2,149 
     acres, as generally depicted on the map titled ``Santa Rosa-
     San Jacinto National Monument Expansion and Santa Rosa 
     Wilderness Addition'', and dated March 12, 2008, is 
     designated as wilderness and is incorporated in, and shall be 
     deemed to be a part of, the Santa Rosa Wilderness designated 
     by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 
     U.S.C. 1132 note) and expanded by paragraph (59) of section 
     102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 
     note).
       (E) Beauty mountain wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 15,621 acres, as 
     generally depicted on the map titled ``Beauty Mountain 
     Proposed Wilderness'', and dated April 3, 2007, is designated 
     as wilderness and, therefore, as a component of the National 
     Wilderness Preservation System, which shall be known as the 
     ``Beauty Mountain Wilderness''.
       (F) Joshua tree national park wilderness additions.--In 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     certain land in Joshua Tree National Park, comprising 
     approximately 36,700 acres, as generally depicted on the map 
     numbered 156/80,055, and titled ``Joshua Tree National Park 
     Proposed Wilderness Additions'', and dated March 2008, is 
     designated as wilderness and is incorporated in, and shall be 
     deemed to be a part of, the Joshua Tree Wilderness designated 
     by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 
     U.S.C. 1132 note).
       (G) Orocopia mountains wilderness additions.--In accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
     land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 4,635 
     acres, as generally depicted on the map titled ``Orocopia 
     Mountains Proposed Wilderness Addition'', and dated May 8, 
     2008, is designated as wilderness and is incorporated in, and 
     shall be deemed to be a part of, the Orocopia Mountains 
     Wilderness as designated by paragraph (44) of section 102 of 
     Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note), 
     except that the wilderness boundaries established by this 
     subsection in Township 7 South exclude--
       (i) a corridor 250 feet north of the centerline of the 
     Bradshaw Trail;
       (ii) a corridor 250 feet from both sides of the centerline 
     of the vehicle route in the unnamed wash that flows between 
     the Eagle Mountain Railroad on the south and the existing 
     Orocopia Mountains Wilderness boundary; and
       (iii) a corridor 250 feet from both sides of the centerline 
     of the vehicle route in the unnamed wash that flows between 
     the Chocolate Mountain Aerial Gunnery Range on the south and 
     the existing Orocopia Mountains Wilderness boundary.
       (H) Palen/mccoy wilderness additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 22,645 acres, as 
     generally depicted on the map titled ``Palen-McCoy Proposed 
     Wilderness Additions'', and dated May 8, 2008, is designated 
     as wilderness and is incorporated in, and shall be deemed to 
     be a part of, the Palen/McCoy Wilderness as designated by 
     paragraph (47) of section 102 of Public Law 103-433 (108 
     Stat. 4472; 16 U.S.C. 1132 note).
       (I) Pinto mountains wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 24,404 acres, as 
     generally depicted on the map titled ``Pinto Mountains 
     Proposed Wilderness'', and dated February 21, 2008, is 
     designated as wilderness and, therefore, as a component of 
     the National Wilderness Preservation System, which shall be 
     known as the ``Pinto Mountains Wilderness''.
       (J) Chuckwalla mountains wilderness additions.--In 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     certain land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 12,815 
     acres, as generally depicted on the map titled ``Chuckwalla 
     Mountains Proposed Wilderness Addition'', and dated May 8, 
     2008, is designated as wilderness and is incorporated in, and 
     shall be deemed to be a part of the Chuckwalla Mountains 
     Wilderness as designated by paragraph (12) of section 102 of 
     Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
       (2) Maps and descriptions.--
       (A) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area and wilderness 
     addition designated by this section with the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (B) Force of law.--A map and legal description filed under 
     subparagraph (A) shall have the same force and effect as if 
     included in this section, except that the Secretary may 
     correct errors in the map and legal description.
       (C) Public availability.--Each map and legal description 
     filed under subparagraph (A) shall be filed and made 
     available for public inspection in the appropriate office of 
     the Secretary.
       (3) Utility facilities.--Nothing in this section prohibits 
     the construction, operation, or maintenance, using standard 
     industry practices, of existing utility facilities located 
     outside of the wilderness areas and wilderness additions 
     designated by this section.
       (c) Joshua Tree National Park Potential Wilderness.--
       (1) Designation of potential wilderness.--Certain land in 
     the Joshua Tree National Park, comprising approximately 
     43,300 acres, as generally depicted on the map numbered 156/
     80,055, and titled ``Joshua Tree National Park Proposed 
     Wilderness Additions'', and dated March 2008, is designated 
     potential wilderness and shall be managed by the Secretary of 
     the Interior insofar as practicable as wilderness until such 
     time as the land is designated as wilderness pursuant to 
     paragraph (2).
       (2) Designation as wilderness.--The land designated 
     potential wilderness by paragraph (1) shall be designated as 
     wilderness and incorporated in, and be deemed to be a part 
     of, the Joshua Tree Wilderness designated by section 1(g) of 
     Public Law 94-567 (90 Stat.

[[Page S9752]]

     2692; 16 U.S.C. 1132 note), effective upon publication by the 
     Secretary of the Interior in the Federal Register of a notice 
     that--
       (A) all uses of the land within the potential wilderness 
     prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) 
     have ceased; and
       (B) sufficient inholdings within the boundaries of the 
     potential wilderness have been acquired to establish a 
     manageable wilderness unit.
       (3) Map and description.--
       (A) In general.--As soon as practicable after the date on 
     which the notice required by paragraph (2) is published in 
     the Federal Register, the Secretary shall file a map and 
     legal description of the land designated as wilderness and 
     potential wilderness by this section with the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (B) Force of law.--The map and legal description filed 
     under subparagraph (A) shall have the same force and effect 
     as if included in this section, except that the Secretary may 
     correct errors in the map and legal description.
       (C) Public availability.--Each map and legal description 
     filed under subparagraph (A) shall be filed and made 
     available for public inspection in the appropriate office of 
     the Secretary.
       (d) Administration of Wilderness.--
       (1) Management.--Subject to valid existing rights, the land 
     designated as wilderness or as a wilderness addition by this 
     section shall be administered by the Secretary in accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.), except 
     that--
       (A) any reference in that Act to the effective date of that 
     Act shall be deemed to be a reference to--
       (i) the date of the enactment of this Act; or
       (ii) in the case of the wilderness addition designated by 
     subsection (c), the date on which the notice required by such 
     subsection is published in the Federal Register; and
       (B) any reference in that Act to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary that has jurisdiction over the land.
       (2) Incorporation of acquired land and interests.--Any land 
     within the boundaries of a wilderness area or wilderness 
     addition designated by this section that is acquired by the 
     United States shall--
       (A) become part of the wilderness area in which the land is 
     located; and
       (B) be managed in accordance with this section, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (3) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the land designated as 
     wilderness by this section is withdrawn from all forms of--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (4) Fire management and related activities.--
       (A) In general.--The Secretary may take such measures in a 
     wilderness area or wilderness addition designated by this 
     section as are necessary for the control of fire, insects, 
     and diseases in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 
     of the 98th Congress.
       (B) Funding priorities.--Nothing in this section limits 
     funding for fire and fuels management in the wilderness areas 
     and wilderness additions designated by this section.
       (C) Revision and development of local fire management 
     plans.--As soon as practicable after the date of enactment of 
     this Act, the Secretary shall amend the local fire management 
     plans that apply to the land designated as a wilderness area 
     or wilderness addition by this section.
       (D) Administration.--Consistent with subparagraph (A) and 
     other applicable Federal law, to ensure a timely and 
     efficient response to fire emergencies in the wilderness 
     areas and wilderness additions designated by this section, 
     the Secretary shall--
       (i) not later than 1 year after the date of enactment of 
     this Act, establish agency approval procedures (including 
     appropriate delegations of authority to the Forest 
     Supervisor, District Manager, or other agency officials) for 
     responding to fire emergencies; and
       (ii) enter into agreements with appropriate State or local 
     firefighting agencies.
       (5) Grazing.--Grazing of livestock in a wilderness area or 
     wilderness addition designated by this section shall be 
     administered in accordance with the provisions of section 
     4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the 
     guidelines set forth in House Report 96-617 to accompany H.R. 
     5487 of the 96th Congress.
       (6) Native american uses and interests.--
       (A) Access and use.--To the extent practicable, the 
     Secretary shall ensure access to the Cahuilla Mountain 
     Wilderness by members of an Indian tribe for traditional 
     cultural purposes. In implementing this paragraph, the 
     Secretary, upon the request of an Indian tribe, may 
     temporarily close to the general public use of one or more 
     specific portions of the wilderness area in order to protect 
     the privacy of traditional cultural activities in such areas 
     by members of the Indian tribe. 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), commonly referred to as the American Indian 
     Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131 
     et seq.).
       (B) Indian tribe defined.--In this paragraph, the term 
     ``Indian tribe'' means any Indian tribe, band, nation, or 
     other organized group or community of Indians which is 
     recognized as eligible by the Secretary of the Interior for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       (7) Military activities.--Nothing in this section 
     precludes--
       (A) low-level overflights of military aircraft over the 
     wilderness areas or wilderness additions designated by this 
     section;
       (B) the designation of new units of special airspace over 
     the wilderness areas or wilderness additions designated by 
     this section; or
       (C) the use or establishment of military flight training 
     routes over wilderness areas or wilderness additions 
     designated by this section.

     SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE 
                   COUNTY, CALIFORNIA.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as amended by section 1805) is amended by adding at 
     the end the following new paragraphs:
       ``(200) North Fork San Jacinto River, California.--The 
     following segments of the North Fork San Jacinto River in the 
     State of California, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 2.12-mile segment from the source of the North 
     Fork San Jacinto River at Deer Springs in Mt. San Jacinto 
     State Park to the State Park boundary, as a wild river.
       ``(B) The 1.66-mile segment from the Mt. San Jacinto State 
     Park boundary to the Lawler Park boundary in section 26, 
     township 4 south, range 2 east, San Bernardino meridian, as a 
     scenic river.
       ``(C) The 0.68-mile segment from the Lawler Park boundary 
     to its confluence with Fuller Mill Creek, as a recreational 
     river.
       ``(D) The 2.15-mile segment from its confluence with Fuller 
     Mill Creek to .25 miles upstream of the 5S09 road crossing, 
     as a wild river.
       ``(E) The 0.6-mile segment from .25 miles upstream of the 
     5S09 Road crossing to its confluence with Stone Creek, as a 
     scenic river.
       ``(F) The 2.91-mile segment from the Stone Creek confluence 
     to the northern boundary of section 17, township 5 south, 
     range 2 east, San Bernardino meridian, as a wild river.
       ``(201) Fuller Mill Creek, California.--The following 
     segments of Fuller Mill Creek in the State of California, to 
     be administered by the Secretary of Agriculture:
       ``(A) The 1.2-mile segment from the source of Fuller Mill 
     Creek in the San Jacinto Wilderness to the Pinewood property 
     boundary in section 13, township 4 south, range 2 east, San 
     Bernardino meridian, as a scenic river.
       ``(B) The 0.9-mile segment in the Pine Wood property, as a 
     recreational river.
       ``(C) The 1.4-mile segment from the Pinewood property 
     boundary in section 23, township 4 south, range 2 east, San 
     Bernardino meridian, to its confluence with the North Fork 
     San Jacinto River, as a scenic river.
       ``(202) Palm Canyon Creek, California.--The 8.1-mile 
     segment of Palm Canyon Creek in the State of California from 
     the southern boundary of section 6, township 7 south, range 5 
     east, San Bernardino meridian, to the San Bernardino National 
     Forest boundary in section 1, township 6 south, range 4 east, 
     San Bernardino meridian, to be administered by the Secretary 
     of Agriculture as a wild river, and the Secretary shall enter 
     into a cooperative management agreement with the Agua 
     Caliente Band of Cahuilla Indians to protect and enhance 
     river values.
       ``(203) Bautista Creek, California.--The 9.8-mile segment 
     of Bautista Creek in the State of California from the San 
     Bernardino National Forest boundary in section 36, township 6 
     south, range 2 east, San Bernardino meridian, to the San 
     Bernardino National Forest boundary in section 2, township 6 
     south, range 1 east, San Bernardino meridian, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.''.

     SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA 
                   AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.

       (a) Boundary Adjustment, Santa Rosa and San Jacinto 
     Mountains National Monument.--Section 2 of the Santa Rosa and 
     San Jacinto Mountains National Monument Act of 2000 (Public 
     Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended 
     by adding at the end the following new subsection:
       ``(e) Expansion of Boundaries.--In addition to the land 
     described in subsection (c), the boundaries of the National 
     Monument shall include the following lands identified as 
     additions to the National Monument on the map titled `Santa 
     Rosa-San Jacinto National Monument Expansion and Santa Rosa 
     Wilderness Addition', and dated March 12, 2008:
       ``(1) The `Santa Rosa Peak Area Monument Expansion'.
       ``(2) The `Snow Creek Area Monument Expansion'.
       ``(3) The `Tahquitz Peak Area Monument Expansion'.
       ``(4) The `Southeast Area Monument Expansion', which is 
     designated as wilderness in section 512(d), and is thus 
     incorporated into, and shall be deemed part of, the Santa 
     Rosa Wilderness.''.
       (b) Technical Amendments to the Santa Rosa and San Jacinto 
     Mountains National

[[Page S9753]]

     Monument Act of 2000.--Section 7(d) of the Santa Rosa and San 
     Jacinto Mountains National Monument Act of 2000 (Public Law 
     106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by 
     striking ``eight'' and inserting ``a majority of the 
     appointed''.

    Subtitle M--Sequoia and Kings Canyon National Parks Wilderness, 
                               California

     SEC. 1901. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of 
     California.

     SEC. 1902. DESIGNATION OF WILDERNESS AREAS.

       In accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the following areas in the State are designated as 
     wilderness areas and as components of the National Wilderness 
     Preservation System:
       (1) John krebs wilderness.--
       (A) Designation.--Certain land in Sequoia and Kings Canyon 
     National Parks, comprising approximately 39,740 acres of 
     land, and 130 acres of potential wilderness additions as 
     generally depicted on the map numbered 102/60014b, titled 
     ``John Krebs Wilderness'', and dated September 16, 2008.
       (B) Effect.--Nothing in this paragraph affects--
       (i) the cabins in, and adjacent to, Mineral King Valley; or
       (ii) the private inholdings known as ``Silver City'' and 
     ``Kaweah Han''.
       (C) Potential wilderness additions.--The designation of the 
     potential wilderness additions under subparagraph (A) shall 
     not prohibit the operation, maintenance, and repair of the 
     small check dams and water impoundments on Lower Franklin 
     Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The 
     Secretary is authorized to allow the use of helicopters for 
     the operation, maintenance, and repair of the small check 
     dams and water impoundments on Lower Franklin Lake, Crystal 
     Lake, Upper Monarch Lake, and Eagle Lake. The potential 
     wilderness additions shall be designated as wilderness and 
     incorporated into the John Krebs Wilderness established by 
     this section upon termination of the non-conforming uses.
       (2) Sequoia-kings canyon wilderness addition.--Certain land 
     in Sequoia and Kings Canyon National Parks, California, 
     comprising approximately 45,186 acres as generally depicted 
     on the map titled ``Sequoia-Kings Canyon Wilderness 
     Addition'', numbered 102/60015a, and dated March 10, 2008, is 
     incorporated in, and shall be considered to be a part of, the 
     Sequoia-Kings Canyon Wilderness.
       (3) Recommended wilderness.--Land in Sequoia and Kings 
     Canyon National Parks that was managed as of the date of 
     enactment of this Act as recommended or proposed wilderness 
     but not designated by this section as wilderness shall 
     continue to be managed as recommended or proposed wilderness, 
     as appropriate.

     SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.

       (a) In General.--Subject to valid existing rights, each 
     area designated as wilderness by this subtitle shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
     reference in the Wilderness Act to the effective date of the 
     Wilderness Act shall be considered to be a reference to the 
     date of enactment of this Act.
       (b) Map and Legal Description.--
       (1) Submission of map and legal description.--As soon as 
     practicable, but not later than 3 years, after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of each area designated as wilderness by 
     this subtitle with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force and effect.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any clerical or typographical error in the map or 
     legal description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the Office of the Secretary.
       (c) Hydrologic, Meteorologic, and Climatological Devices, 
     Facilities, and Associated Equipment.--The Secretary shall 
     continue to manage maintenance and access to hydrologic, 
     meteorologic, and climatological devices, facilities and 
     associated equipment consistent with House Report 98-40.
       (d) Authorized Activities Outside Wilderness.--Nothing in 
     this subtitle precludes authorized activities conducted 
     outside of an area designated as wilderness by this subtitle 
     by cabin owners (or designees) in the Mineral King Valley 
     area or property owners or lessees (or designees) in the 
     Silver City inholding, as identified on the map described in 
     section 3(1)(A).
       (e) Horseback Riding.--Nothing in this subtitle precludes 
     horseback riding in, or the entry of recreational or 
     commercial saddle or pack stock into, an area designated as 
     wilderness by this subtitle--
       (1) in accordance with section 4(d)(5) of the Wilderness 
     Act (16 U.S.C. 1133(d)(5)); and
       (2) subject to any terms and conditions determined to be 
     necessary by the Secretary.

     SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.

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

     Subtitle N--Rocky Mountain National Park Wilderness, Colorado

     SEC. 1951. DEFINITIONS.

       In this subtitle:
       (1) Map.--The term ``map'' means the map entitled ``Rocky 
     Mountain National Park Wilderness Act of 2007'' and dated 
     September 2006.
       (2) Park.--The term ``Park'' means Rocky Mountain National 
     Park located in the State of Colorado.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Trail.--The term ``Trail'' means the East Shore Trail 
     established under section 1954(a).
       (5) Wilderness.--The term ``Wilderness'' means the 
     wilderness designated by section 1952(a).

     SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), there is designated 
     as wilderness and as a component of the National Wilderness 
     Preservation System approximately 249,339 acres of land in 
     the Park, as generally depicted on the map.
       (b) Map and Boundary Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall--
       (A) prepare a map and boundary description of the 
     Wilderness; and
       (B) submit the map and boundary description prepared under 
     subparagraph (A) to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives.
       (2) Availability; force of law.--The map and boundary 
     description submitted under paragraph (1)(B) shall--
       (A) be on file and available for public inspection in 
     appropriate offices of the National Park Service; and
       (B) have the same force and effect as if included in this 
     subtitle.
       (c) Inclusion of Potential Wilderness.--
       (1) In general.--On publication in the Federal Register of 
     a notice by the Secretary that all uses inconsistent with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the 
     land identified on the map as a ``Potential Wilderness 
     Area'', the land shall be--
       (A) included in the Wilderness; and
       (B) administered in accordance with subsection (e).
       (2) Boundary description.--On inclusion in the Wilderness 
     of the land referred to in paragraph (1), the Secretary shall 
     modify the map and boundary description submitted under 
     subsection (b) to reflect the inclusion of the land.
       (d) Exclusion of Certain Land.--The following areas are 
     specifically excluded from the Wilderness:
       (1) The Grand River Ditch (including the main canal of the 
     Grand River Ditch and a branch of the main canal known as the 
     Specimen Ditch), the right-of-way for the Grand River Ditch, 
     land 200 feet on each side of the center line of the Grand 
     River Ditch, and any associated appurtenances, structures, 
     buildings, camps, and work sites in existence as of June 1, 
     1998.
       (2) Land owned by the St. Vrain & Left Hand Water 
     Conservancy District, including Copeland Reservoir and the 
     Inlet Ditch to the Reservoir from North St. Vrain Creek, 
     comprising approximately 35.38 acres.
       (3) Land owned by the Wincenstsen-Harms Trust, comprising 
     approximately 2.75 acres.
       (4) Land within the area depicted on the map as the ``East 
     Shore Trail Area''.
       (e) Administration.--Subject to valid existing rights, any 
     land designated as wilderness under this section or added to 
     the Wilderness after the date of enactment of this Act under 
     subsection (c) shall be administered by the Secretary in 
     accordance with this subtitle and the Wilderness Act (16 
     U.S.C. 1131 et seq.), except that--
       (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the effective date of that Act shall be considered 
     to be a reference to the date of enactment of this Act, or 
     the date on which the additional land is added to the 
     Wilderness, respectively; and
       (2) any reference in the Wilderness Act (16 U.S.C. 1131 et 
     seq.) to the Secretary of Agriculture shall be considered to 
     be a reference to the Secretary.
       (f) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the United States has existing rights to water within 
     the Park;
       (B) the existing water rights are sufficient for the 
     purposes of the Wilderness; and
       (C) based on the findings described in subparagraphs (A) 
     and (B), there is no need for the United States to reserve or 
     appropriate any additional water rights to fulfill the 
     purposes of the Wilderness.
       (2) Effect.--Nothing in this subtitle--
       (A) constitutes an express or implied reservation by the 
     United States of water or water rights for any purpose; or
       (B) modifies or otherwise affects any existing water rights 
     held by the United States for the Park.
       (g) Fire, Insect, and Disease Control.--The Secretary may 
     take such measures in the Wilderness as are necessary to 
     control fire, insects, and diseases, as are provided for in 
     accordance with--
       (1) the laws applicable to the Park; and
       (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON 
                   PROJECTS.

       (a) Conditional Waiver of Strict Liability.--During any 
     period in which the Water

[[Page S9754]]

     Supply and Storage Company (or any successor in interest to 
     the company with respect to the Grand River Ditch) operates 
     and maintains the portion of the Grand River Ditch in the 
     Park in compliance with an operations and maintenance 
     agreement between the Water Supply and Storage Company and 
     the National Park Service, the provisions of paragraph (6) of 
     the stipulation approved June 28, 1907--
       (1) shall be suspended; and
       (2) shall not be enforceable against the Company (or any 
     successor in interest).
       (b) Agreement.--The agreement referred to in subsection (a) 
     shall--
       (1) ensure that--
       (A) Park resources are managed in accordance with the laws 
     generally applicable to the Park, including--
       (i) the Act of January 26, 1915 (16 U.S.C. 191 et seq.); 
     and
       (ii) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.);
       (B) Park land outside the right-of-way corridor remains 
     unimpaired consistent with the National Park Service 
     management policies in effect as of the date of enactment of 
     this Act; and
       (C) any use of Park land outside the right-of-way corridor 
     (as of the date of enactment of this Act) shall be permitted 
     only on a temporary basis, subject to such terms and 
     conditions as the Secretary determines to be necessary; and
       (2) include stipulations with respect to--
       (A) flow monitoring and early warning measures;
       (B) annual and periodic inspections;
       (C) an annual maintenance plan;
       (D) measures to identify on an annual basis capital 
     improvement needs; and
       (E) the development of plans to address the needs 
     identified under subparagraph (D).
       (c) Limitation.--Nothing in this section limits or 
     otherwise affects--
       (1) the liability of any individual or entity for damages 
     to, loss of, or injury to any resource within the Park 
     resulting from any cause or event that occurred before the 
     date of enactment of this Act; or
       (2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including 
     the defenses available under that Act for damage caused--
       (A) solely by--
       (i) an act of God;
       (ii) an act of war; or
       (iii) an act or omission of a third party (other than an 
     employee or agent); or
       (B) by an activity authorized by Federal or State law.
       (d) Colorado-Big Thompson Project and Windy Gap Project.--
       (1) In general.--Nothing in this subtitle, including the 
     designation of the Wilderness, prohibits or affects current 
     and future operation and maintenance activities in, under, or 
     affecting the Wilderness that were allowed as of the date of 
     enactment of this Act under the Act of January 26, 1915 (16 
     U.S.C. 191), relating to the Alva B. Adams Tunnel or other 
     Colorado-Big Thompson Project facilities located within the 
     Park.
       (2) Alva b. adams tunnel.--Nothing in this subtitle, 
     including the designation of the Wilderness, prohibits or 
     restricts the conveyance of water through the Alva B. Adams 
     Tunnel for any purpose.
       (e) Right-of-Way.--Notwithstanding the Act of March 3, 1891 
     (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), 
     the right of way for the Grand River Ditch shall not be 
     terminated, forfeited, or otherwise affected as a result of 
     the water transported by the Grand River Ditch being used 
     primarily for domestic purposes or any purpose of a public 
     nature, unless the Secretary determines that the change in 
     the main purpose or use adversely affects the Park.
       (f) New Reclamation Projects.--Nothing in the first section 
     of the Act of January 26, 1915 (16 U.S.C. 191), shall be 
     construed to allow development in the Wilderness of any 
     reclamation project not in existence as of the date of 
     enactment of this Act.
       (g) Clarification of Management Authority.--Nothing in this 
     section reduces or limits the authority of the Secretary to 
     manage land and resources within the Park under applicable 
     law.

     SEC. 1954. EAST SHORE TRAIL AREA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish within 
     the East Shore Trail Area in the Park an alignment line for a 
     trail, to be known as the ``East Shore Trail'', to maximize 
     the opportunity for sustained use of the Trail without 
     causing--
       (1) harm to affected resources; or
       (2) conflicts among users.
       (b) Boundaries.--
       (1) In general.--After establishing the alignment line for 
     the Trail under subsection (a), the Secretary shall--
       (A) identify the boundaries of the Trail, which shall not 
     extend more than 25 feet east of the alignment line or be 
     located within the Wilderness; and
       (B) modify the map of the Wilderness prepared under section 
     1952(b)(1)(A) so that the western boundary of the Wilderness 
     is 50 feet east of the alignment line.
       (2) Adjustments.--To the extent necessary to protect Park 
     resources, the Secretary may adjust the boundaries of the 
     Trail, if the adjustment does not place any portion of the 
     Trail within the boundary of the Wilderness.
       (c) Inclusion in Wilderness.--On completion of the 
     construction of the Trail, as authorized by the Secretary--
       (1) any portion of the East Shore Trail Area that is not 
     traversed by the Trail, that is not west of the Trail, and 
     that is not within 50 feet of the centerline of the Trail 
     shall be--
       (A) included in the Wilderness; and
       (B) managed as part of the Wilderness in accordance with 
     section 1952; and
       (2) the Secretary shall modify the map and boundary 
     description of the Wilderness prepared under section 
     1952(b)(1)(A) to reflect the inclusion of the East Shore 
     Trail Area land in the Wilderness.
       (d) Effect.--Nothing in this section--
       (1) requires the construction of the Trail along the 
     alignment line established under subsection (a); or
       (2) limits the extent to which any otherwise applicable law 
     or policy applies to any decision with respect to the 
     construction of the Trail.
       (e) Relation to Land Outside Wilderness.--
       (1) In general.--Except as provided in this subsection, 
     nothing in this subtitle affects the management or use of any 
     land not included within the boundaries of the Wilderness or 
     the potential wilderness land.
       (2) Motorized vehicles and machinery.--No use of motorized 
     vehicles or other motorized machinery that was not permitted 
     on March 1, 2006, shall be allowed in the East Shore Trail 
     Area except as the Secretary determines to be necessary for 
     use in--
       (A) constructing the Trail, if the construction is 
     authorized by the Secretary; or
       (B) maintaining the Trail.
       (3) Management of land before inclusion.--Until the 
     Secretary authorizes the construction of the Trail and the 
     use of the Trail for non-motorized bicycles, the East Shore 
     Trail Area shall be managed--
       (A) to protect any wilderness characteristics of the East 
     Shore Trail Area; and
       (B) to maintain the suitability of the East Shore Trail 
     Area for inclusion in the Wilderness.

     SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.

       (a) Indian Peaks Wilderness Boundary Adjustment.--Section 
     3(a) of the Indian Peaks Wilderness Area, the Arapaho 
     National Recreation Area and the Oregon Islands Wilderness 
     Area Act (16 U.S.C. 1132 note; Public Law 95-450) is 
     amended--
       (1) by striking ``seventy thousand acres'' and inserting 
     ``74,195 acres''; and
       (2) by striking ``, dated July 1978'' and inserting ``and 
     dated May 2007''.
       (b) Arapaho National Recreation Area Boundary Adjustment.--
     Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho 
     National Recreation Area and the Oregon Islands Wilderness 
     Area Act (16 U.S.C. 460jj(a)) is amended--
       (1) by striking ``thirty-six thousand two hundred thirty-
     five acres'' and inserting ``35,235 acres''; and
       (2) by striking ``, dated July 1978'' and inserting ``and 
     dated May 2007''.

     SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.

       (a) In General.--Section 3(k) of Public Law 91-383 (16 
     U.S.C. 1a-2(k)) shall apply to the parcel of land described 
     in subsection (b).
       (b) Description of the Land.--The parcel of land referred 
     to in subsection (a) is the parcel of land known as the 
     ``Leiffer tract'' that is--
       (1) located near the eastern boundary of the Park in 
     Larimer County, Colorado; and
       (2) administered by the National Park Service.

           TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

           Subtitle A--National Landscape Conservation System

     SEC. 2001. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) System.--The term ``system'' means the National 
     Landscape Conservation System established by section 2002(a).

     SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE 
                   CONSERVATION SYSTEM.

       (a) Establishment.--In order to conserve, protect, and 
     restore nationally significant landscapes that have 
     outstanding cultural, ecological, and scientific values for 
     the benefit of current and future generations, there is 
     established in the Bureau of Land Management the National 
     Landscape Conservation System.
       (b) Components.--The system shall include each of the 
     following areas administered by the Bureau of Land 
     Management:
       (1) Each area that is designated as--
       (A) a national monument;
       (B) a national conservation area;
       (C) a wilderness study area;
       (D) a national scenic trail or national historic trail 
     designated as a component of the National Trails System;
       (E) a component of the National Wild and Scenic Rivers 
     System; or
       (F) a component of the National Wilderness Preservation 
     System.
       (2) Any area designated by Congress to be administered for 
     conservation purposes, including--
       (A) the Steens Mountain Cooperative Management and 
     Protection Area;
       (B) the Headwaters Forest Reserve;
       (C) the Yaquina Head Outstanding Natural Area;
       (D) public land within the California Desert Conservation 
     Area administered by the Bureau of Land Management for 
     conservation purposes; and

[[Page S9755]]

       (E) any additional area designated by Congress for 
     inclusion in the system.
       (c) Management.--The Secretary shall manage the system--
       (1) in accordance with any applicable law (including 
     regulations) relating to any component of the system included 
     under subsection (b); and
       (2) in a manner that protects the values for which the 
     components of the system were designated.
       (d) Effect.--Nothing in this subtitle enhances, diminishes, 
     or modifies any law or proclamation (including regulations 
     relating to the law or proclamation) under which the 
     components of the system described in subsection (b) were 
     established or are managed, including--
       (1) the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.);
       (2) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (3) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (4) the National Trails System Act (16 U.S.C. 1241 et 
     seq.); and
       (5) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.)

     SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle B--Prehistoric Trackways National Monument

     SEC. 2101. FINDINGS.

       Congress finds that--
       (1) in 1987, a major deposit of Paleozoic Era fossilized 
     footprint megatrackways was discovered in the Robledo 
     Mountains in southern New Mexico;
       (2) the trackways contain footprints of numerous 
     amphibians, reptiles, and insects (including previously 
     unknown species), plants, and petrified wood dating back 
     approximately 280,000,000 years, which collectively provide 
     new opportunities to understand animal behaviors and 
     environments from a time predating the dinosaurs;
       (3) title III of Public Law 101-578 (104 Stat. 2860)--
       (A) provided interim protection for the site at which the 
     trackways were discovered; and
       (B) directed the Secretary of the Interior to--
       (i) prepare a study assessing the significance of the site; 
     and
       (ii) based on the study, provide recommendations for 
     protection of the paleontological resources at the site;
       (4) the Bureau of Land Management completed the Paleozoic 
     Trackways Scientific Study Report in 1994, which 
     characterized the site as containing ``the most 
     scientifically significant Early Permian tracksites'' in the 
     world;
       (5) despite the conclusion of the study and the 
     recommendations for protection, the site remains unprotected 
     and many irreplaceable trackways specimens have been lost to 
     vandalism or theft; and
       (6) designation of the trackways site as a National 
     Monument would protect the unique fossil resources for 
     present and future generations while allowing for public 
     education and continued scientific research opportunities.

     SEC. 2102. DEFINITIONS.

       In this subtitle:
       (1) Monument.--The term ``Monument'' means the Prehistoric 
     Trackways National Monument established by section 2103(a).
       (2) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 2103. ESTABLISHMENT.

       (a) In General.--In order to conserve, protect, and enhance 
     the unique and nationally important paleontological, 
     scientific, educational, scenic, and recreational resources 
     and values of the public land described in subsection (b), 
     there is established the Prehistoric Trackways National 
     Monument in the State of New Mexico.
       (b) Description of Land.--The Monument shall consist of 
     approximately 5,280 acres of public land in Dona Ana County, 
     New Mexico, as generally depicted on the map entitled 
     ``Prehistoric Trackways National Monument'' and dated January 
     25, 2007.
       (c) Map; Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to Congress an official map and legal description of the 
     Monument.
       (2) Corrections.--The map and legal description submitted 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct any clerical or typographical errors in the legal 
     description and the map.
       (3) Conflict between map and legal description.--In the 
     case of a conflict between the map and the legal description, 
     the map shall control.
       (4) Availability of map and legal description.--Copies of 
     the map and legal description shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       (d) Minor Boundary Adjustments.--If additional 
     paleontological resources are discovered on public land 
     adjacent to the Monument after the date of enactment of this 
     Act, the Secretary may make minor boundary adjustments to the 
     Monument to include the resources in the Monument.

     SEC. 2104. ADMINISTRATION.

       (a) Management.--
       (1) In general.--The Secretary shall manage the Monument--
       (A) in a manner that conserves, protects, and enhances the 
     resources and values of the Monument, including the resources 
     and values described in section 2103(a); and
       (B) in accordance with--
       (i) this subtitle;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (iii) other applicable laws.
       (2) National landscape conservation system.--The Monument 
     shall be managed as a component of the National Landscape 
     Conservation System.
       (b) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-term protection 
     and management of the Monument.
       (2) Components.--The management plan under paragraph (1)--
       (A) shall--
       (i) describe the appropriate uses and management of the 
     Monument, consistent with the provisions of this subtitle; 
     and
       (ii) allow for continued scientific research at the 
     Monument during the development of the management plan; and
       (B) may--
       (i) incorporate any appropriate decisions contained in any 
     current management or activity plan for the land described in 
     section 2103(b); and
       (ii) use information developed in studies of any land 
     within or adjacent to the Monument that were conducted before 
     the date of enactment of this Act.
       (c) Authorized Uses.--The Secretary shall only allow uses 
     of the Monument that the Secretary determines would further 
     the purposes for which the Monument has been established.
       (d) Interpretation, Education, and Scientific Research.--
       (1) In general.--The Secretary shall provide for public 
     interpretation of, and education and scientific research on, 
     the paleontological resources of the Monument, with priority 
     given to exhibiting and curating the resources in Dona Ana 
     County, New Mexico.
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with appropriate public entities to 
     carry out paragraph (1).
       (e) Special Management Areas.--
       (1) In general.--The establishment of the Monument shall 
     not change the management status of any area within the 
     boundary of the Monument that is--
       (A) designated as a wilderness study area and managed in 
     accordance with section 603(c) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1782(c)); or
       (B) managed as an area of critical environment concern.
       (2) Conflict of laws.--If there is a conflict between the 
     laws applicable to the areas described in paragraph (1) and 
     this subtitle, the more restrictive provision shall control.
       (f) Motorized Vehicles.--
       (1) In general.--Except as needed for administrative 
     purposes or to respond to an emergency, the use of motorized 
     vehicles in the Monument shall be allowed only on roads and 
     trails designated for use by motorized vehicles under the 
     management plan prepared under subsection (b).
       (2) Permitted events.--The Secretary may issue permits for 
     special recreation events involving motorized vehicles within 
     the boundaries of the Monument, including the ``Chile 
     Challenge''--
       (A) to the extent the events do not harm paleontological 
     resources; and
       (B) subject to any terms and conditions that the Secretary 
     determines to be necessary.
       (g) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the Monument and any land or interest in 
     land that is acquired by the United States for inclusion in 
     the Monument after the date of enactment of this Act are 
     withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing laws, geothermal 
     leasing laws, and minerals materials laws.
       (h) Grazing.--The Secretary may allow grazing to continue 
     in any area of the Monument in which grazing is allowed 
     before the date of enactment of this Act, subject to 
     applicable laws (including regulations).
       (i) Water Rights.--Nothing in this subtitle constitutes an 
     express or implied reservation by the United States of any 
     water or water rights with respect to the Monument.

     SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.

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

  Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area

     SEC. 2201. DEFINITIONS.

       In this subtitle:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Fort Stanton-Snowy River Cave National Conservation 
     Area established by section 2202(a).
       (2) Management plan.--The term ``management plan'' means 
     the management plan developed for the Conservation Area under 
     section 2203(c).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting

[[Page S9756]]

     through the Director of the Bureau of Land Management.

     SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE 
                   NATIONAL CONSERVATION AREA.

       (a) Establishment; Purposes.--There is established the Fort 
     Stanton-Snowy River Cave National Conservation Area in 
     Lincoln County, New Mexico, to protect, conserve, and enhance 
     the unique and nationally important historic, cultural, 
     scientific, archaeological, natural, and educational 
     subterranean cave resources of the Fort Stanton-Snowy River 
     cave system.
       (b) Area Included.--The Conservation Area shall include the 
     area within the boundaries depicted on the map entitled 
     ``Fort Stanton-Snowy River Cave National Conservation Area'' 
     and dated January 25, 2007.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a map and legal description of the Conservation Area.
       (2) Effect.--The map and legal description of the 
     Conservation Area shall have the same force and effect as if 
     included in this subtitle, except that the Secretary may 
     correct any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of 
     the Conservation Area shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA.

       (a) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     resources and values of the Conservation Area, including the 
     resources and values described in section 2202(a); and
       (B) in accordance with--
       (i) this subtitle;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (iii) any other applicable laws.
       (2) Uses.--The Secretary shall only allow uses of the 
     Conservation Area that are consistent with the protection of 
     the cave resources.
       (3) Requirements.--In administering the Conservation Area, 
     the Secretary shall provide for--
       (A) the conservation and protection of the natural and 
     unique features and environs for scientific, educational, and 
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the 
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses or other new 
     uses of the Conservation Area that do not impair the purposes 
     for which the Conservation Area is established;
       (D) management of the surface area of the Conservation Area 
     in accordance with the Fort Stanton Area of Critical 
     Environmental Concern Final Activity Plan dated March, 2001, 
     or any amendments to the plan, consistent with this subtitle; 
     and
       (E) scientific investigation and research opportunities 
     within the Conservation Area, including through partnerships 
     with colleges, universities, schools, scientific 
     institutions, researchers, and scientists to conduct research 
     and provide educational and interpretive services within the 
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all 
     Federal surface and subsurface land within the Conservation 
     Area and all land and interests in the land that are acquired 
     by the United States after the date of enactment of this Act 
     for inclusion in the Conservation Area, are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal 
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any 
     other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in 
     studies of the land and resources within or adjacent to the 
     Conservation Area; and
       (D) provide for a cooperative agreement with Lincoln 
     County, New Mexico, to address the historical involvement of 
     the local community in the interpretation and protection of 
     the resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--The 
     establishment of the Conservation Area shall not--
       (1) create a protective perimeter or buffer zone around the 
     Conservation Area; or
       (2) preclude uses or activities outside the Conservation 
     Area that are permitted under other applicable laws, even if 
     the uses or activities are prohibited within the Conservation 
     Area.
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities 
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may, in a manner 
     consistent with this subtitle, enter into cooperative 
     agreements with the State of New Mexico and other 
     institutions and organizations to carry out the purposes of 
     this subtitle.
       (f) Water Rights.--Nothing in this subtitle constitutes an 
     express or implied reservation of any water right.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS.

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

    Subtitle D--Snake River Birds of Prey National Conservation Area

     SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION 
                   AREA.

       (a) Renaming.--Public Law 103-64 is amended--
       (1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting 
     ``Morley Nelson'' before ``Snake River Birds of Prey National 
     Conservation Area''; and
       (2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by 
     inserting ``Morley Nelson'' before ``Snake River Birds of 
     Prey National Conservation Area''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Snake River Birds of Prey National Conservation Area shall be 
     deemed to be a reference to the Morley Nelson Snake River 
     Birds of Prey National Conservation Area.
       (c) Technical Corrections.--Public Law 103-64 is further 
     amended--
       (1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by 
     striking ``(hereafter referred to as the `conservation 
     area')''; and
       (2) in section 4 (16 U.S.C. 460iii-3)--
       (A) in subsection (a)(2), by striking ``Conservation Area'' 
     and inserting ``conservation area''; and
       (B) in subsection (d), by striking ``Visitors Center'' and 
     inserting ``visitors center''.

       Subtitle E--Dominguez-Escalante National Conservation Area

     SEC. 2401. DEFINITIONS.

       In this subtitle:
       (1) Conservation area.--The term Conservation Area means 
     the Dominguez-Escalante National Conservation Area 
     established by section 2402(a)(1).
       (2) Council.--The term Council means the Dominguez-
     Escalante National Conservation Area Advisory Council 
     established under section 2407.
       (3) Management plan.--The term management plan means the 
     management plan developed under section 2406.
       (4) Map.--The term Map means the map entitled Dominguez-
     Escalante National Conservation Area and dated September 15, 
     2008.
       (5) Secretary.--The term Secretary means the Secretary of 
     the Interior.
       (6) State.--The term State means the State of Colorado.
       (7) Wilderness.--The term Wilderness means the Dominguez 
     Canyon Wilderness Area designated by section 2403(a).

     SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.

       (a) Establishment.--
       (1) In general.--There is established the Dominguez-
     Escalante National Conservation Area in the State.
       (2) Area included.--The Conservation Area shall consist of 
     approximately 209,610 acres of public land, as generally 
     depicted on the Map.
       (b) Purposes.--The purposes of the Conservation Area are to 
     conserve and protect for the benefit and enjoyment of present 
     and future generations--
       (1) the unique and important resources and values of the 
     land, including the geological, cultural, archaeological, 
     paleontological, natural, scientific, recreational, 
     wilderness, wildlife, riparian, historical, educational, and 
     scenic resources of the public land; and
       (2) the water resources of area streams, based on 
     seasonally available flows, that are necessary to support 
     aquatic, riparian, and terrestrial species and communities.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area--
       (A) as a component of the National Landscape Conservation 
     System;
       (B) in a manner that conserves, protects, and enhances the 
     resources and values of the Conservation Area described in 
     subsection (b); and
       (C) in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (ii) this subtitle; and
       (iii) any other applicable laws.
       (2) Uses.--
       (A) In general.--The Secretary shall allow only such uses 
     of the Conservation Area as the Secretary determines would 
     further the purposes for which the Conservation Area is 
     established.
       (B) Use of motorized vehicles.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), use of motorized vehicles in the Conservation Area 
     shall be allowed--

       (I) before the effective date of the management plan, only 
     on roads and trails designated for use of motor vehicles in 
     the management plan that applies on the date of the

[[Page S9757]]

     enactment of this Act to the public land in the Conservation 
     Area; and
       (II) after the effective date of the management plan, only 
     on roads and trails designated in the management plan for the 
     use of motor vehicles.

       (ii) Administrative and emergency response use.--Clause (i) 
     shall not limit the use of motor vehicles in the Conservation 
     Area for administrative purposes or to respond to an 
     emergency.
       (iii) Limitation.--This subparagraph shall not apply to the 
     Wilderness.

     SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 66,280 acres of 
     public land in Mesa, Montrose, and Delta Counties, Colorado, 
     as generally depicted on the Map, is designated as wilderness 
     and as a component of the National Wilderness Preservation 
     System, to be known as the ``Dominguez Canyon Wilderness 
     Area''.
       (b) Administration of Wilderness.--The Wilderness shall be 
     managed by the Secretary in accordance with the Wilderness 
     Act (16 U.S.C. 1131 et seq.) and this subtitle, except that--
       (1) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (2) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.

     SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of the Conservation Area and the Wilderness 
     with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (b) Force and Effect.--The Map and legal descriptions filed 
     under subsection (a) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct clerical and typographical errors in the Map and 
     legal descriptions.
       (c) Public Availability.--The Map and legal descriptions 
     filed under subsection (a) shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.

       (a) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the Conservation Area and the Wilderness 
     and all land and interests in land acquired by the United 
     States within the Conservation Area or the Wilderness is 
     withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (b) Grazing.--
       (1) Grazing in conservation area.--Except as provided in 
     paragraph (2), the Secretary shall issue and administer any 
     grazing leases or permits in the Conservation Area in 
     accordance with the laws (including regulations) applicable 
     to the issuance and administration of such leases and permits 
     on other land under the jurisdiction of the Bureau of Land 
     Management.
       (2) Grazing in wilderness.--The grazing of livestock in the 
     Wilderness, if established as of the date of enactment of 
     this Act, shall be permitted to continue--
       (A) subject to any reasonable regulations, policies, and 
     practices that the Secretary determines to be necessary; and
       (B) in accordance with--
       (i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (ii) the guidelines set forth in Appendix A of the report 
     of the Committee on Interior and Insular Affairs of the House 
     of Representatives accompanying H.R. 2570 of the 101st 
     Congress (H. Rept. 101-405).
       (c) No Buffer Zones.--
       (1) In general.--Nothing in this subtitle creates a 
     protective perimeter or buffer zone around the Conservation 
     Area.
       (2) Activities outside conservation area.--The fact that an 
     activity or use on land outside the Conservation Area can be 
     seen or heard within the Conservation Area shall not preclude 
     the activity or use outside the boundary of the Conservation 
     Area.
       (d) Acquisition of Land.--
       (1) In general.--The Secretary may acquire non-Federal land 
     within the boundaries of the Conservation Area or the 
     Wilderness only through exchange, donation, or purchase from 
     a willing seller.
       (2) Management.--Land acquired under paragraph (1) shall--
       (A) become part of the Conservation Area and, if 
     applicable, the Wilderness; and
       (B) be managed in accordance with this subtitle and any 
     other applicable laws.
       (e) Fire, Insects, and Diseases.--Subject to such terms and 
     conditions as the Secretary determines to be desirable and 
     appropriate, the Secretary may undertake such measures as are 
     necessary to control fire, insects, and diseases--
       (1) in the Wilderness, in accordance with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
       (2) except as provided in paragraph (1), in the 
     Conservation Area in accordance with this subtitle and any 
     other applicable laws.
       (f) Access.--The Secretary shall continue to provide 
     private landowners adequate access to inholdings in the 
     Conservation Area.
       (g) Invasive Species and Noxious Weeds.--In accordance with 
     any applicable laws and subject to such terms and conditions 
     as the Secretary determines to be desirable and appropriate, 
     the Secretary may prescribe measures to control nonnative 
     invasive plants and noxious weeds within the Conservation 
     Area.
       (h) Water Rights.--
       (1) Effect.--Nothing in this subtitle--
       (A) affects the use or allocation, in existence on the date 
     of enactment of this Act, of any water, water right, or 
     interest in water;
       (B) affects any vested absolute or decreed conditional 
     water right in existence on the date of enactment of this 
     Act, including any water right held by the United States;
       (C) affects any interstate water compact in existence on 
     the date of enactment of this Act;
       (D) authorizes or imposes any new reserved Federal water 
     rights; or
       (E) shall be considered to be a relinquishment or reduction 
     of any water rights reserved or appropriated by the United 
     States in the State on or before the date of enactment of 
     this Act.
       (2) Wilderness water rights.--
       (A) In general.--The Secretary shall ensure that any water 
     rights within the Wilderness required to fulfill the purposes 
     of the Wilderness are secured in accordance with 
     subparagraphs (B) through (G).
       (B) State law.--
       (i) Procedural requirements.--Any water rights within the 
     Wilderness for which the Secretary pursues adjudication shall 
     be adjudicated, changed, and administered in accordance with 
     the procedural requirements and priority system of State law.
       (ii) Establishment of water rights.--

       (I) In general.--Except as provided in subclause (II), the 
     purposes and other substantive characteristics of the water 
     rights pursued under this paragraph shall be established in 
     accordance with State law.
       (II) Exception.--Notwithstanding subclause (I) and in 
     accordance with this subtitle, the Secretary may appropriate 
     and seek adjudication of water rights to maintain surface 
     water levels and stream flows on and across the Wilderness to 
     fulfill the purposes of the Wilderness.

       (C) Deadline.--The Secretary shall promptly, but not 
     earlier than January 2009, appropriate the water rights 
     required to fulfill the purposes of the Wilderness.
       (D) Required determination.--The Secretary shall not pursue 
     adjudication for any instream flow water rights unless the 
     Secretary makes a determination pursuant to subparagraph 
     (E)(ii) or (F).
       (E) Cooperative enforcement.--
       (i) In general.--The Secretary shall not pursue 
     adjudication of any Federal instream flow water rights 
     established under this paragraph if--

       (I) the Secretary determines, upon adjudication of the 
     water rights by the Colorado Water Conservation Board, that 
     the Board holds water rights sufficient in priority, amount, 
     and timing to fulfill the purposes of the Wilderness; and
       (II) the Secretary has entered into a perpetual agreement 
     with the Colorado Water Conservation Board to ensure the full 
     exercise, protection, and enforcement of the State water 
     rights within the Wilderness to reliably fulfill the purposes 
     of the Wilderness.

       (ii) Adjudication.--If the Secretary determines that the 
     provisions of clause (i) have not been met, the Secretary 
     shall adjudicate and exercise any Federal water rights 
     required to fulfill the purposes of the Wilderness in 
     accordance with this paragraph.
       (F) Insufficient water rights.--If the Colorado Water 
     Conservation Board modifies the instream flow water rights 
     obtained under subparagraph (E) to such a degree that the 
     Secretary determines that water rights held by the State are 
     insufficient to fulfill the purposes of the Wilderness, the 
     Secretary shall adjudicate and exercise Federal water rights 
     required to fulfill the purposes of the Wilderness in 
     accordance with subparagraph (B).
       (G) Failure to comply.--The Secretary shall promptly act to 
     exercise and enforce the water rights described in 
     subparagraph (E) if the Secretary determines that--
       (i) the State is not exercising its water rights consistent 
     with subparagraph (E)(i)(I); or
       (ii) the agreement described in subparagraph (E)(i)(II) is 
     not fulfilled or complied with sufficiently to fulfill the 
     purposes of the Wilderness.
       (3) Water resource facility.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraph (B), beginning on the date of 
     enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new irrigation and pumping facility, 
     reservoir, water conservation work, aqueduct, canal, ditch, 
     pipeline, well, hydropower project, transmission, other 
     ancillary facility, or other water, diversion, storage, or 
     carriage structure in the Wilderness.
       (B) Exception.--Notwithstanding subparagraph (A), the 
     Secretary may allow construction of new livestock watering 
     facilities within the Wilderness in accordance with--
       (i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (ii) the guidelines set forth in Appendix A of the report 
     of the Committee on Interior

[[Page S9758]]

     and Insular Affairs of the House of Representatives 
     accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-
     405).
       (4) Conservation area water rights.--With respect to water 
     within the Conservation Area, nothing in this subtitle--
       (A) authorizes any Federal agency to appropriate or 
     otherwise acquire any water right on the mainstem of the 
     Gunnison River; or
       (B) prevents the State from appropriating or acquiring, or 
     requires the State to appropriate or acquire, an instream 
     flow water right on the mainstem of the Gunnison River.
       (5) Wilderness boundaries along gunnison river.--
       (A) In general.--In areas in which the Gunnison River is 
     used as a reference for defining the boundary of the 
     Wilderness, the boundary shall--
       (i) be located at the edge of the river; and
       (ii) change according to the river level.
       (B) Exclusion from wilderness.--Regardless of the level of 
     the Gunnison River, no portion of the Gunnison River is 
     included in the Wilderness.
       (i) Effect.--Nothing in this subtitle--
       (1) diminishes the jurisdiction of the State with respect 
     to fish and wildlife in the State; or
       (2) imposes any Federal water quality standard upstream of 
     the Conservation Area or within the mainstem of the Gunnison 
     River that is more restrictive than would be applicable had 
     the Conservation Area not been established.
       (j) Valid Existing Rights.--The designation of the 
     Conservation Area and Wilderness is subject to valid rights 
     in existence on the date of enactment of this Act.

     SEC. 2406. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-term protection 
     and management of the Conservation Area.
       (b) Purposes.--The management plan shall--
       (1) describe the appropriate uses and management of the 
     Conservation Area;
       (2) be developed with extensive public input;
       (3) take into consideration any information developed in 
     studies of the land within the Conservation Area; and
       (4) include a comprehensive travel management plan.

     SEC. 2407. ADVISORY COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``Dominguez-Escalante 
     National Conservation Area Advisory Council''.
       (b) Duties.--The Council shall advise the Secretary with 
     respect to the preparation and implementation of the 
     management plan.
       (c) Applicable Law.--The Council shall be subject to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (d) Members.--The Council shall include 10 members to be 
     appointed by the Secretary, of whom, to the extent 
     practicable--
       (1) 1 member shall be appointed after considering the 
     recommendations of the Mesa County Commission;
       (2) 1 member shall be appointed after considering the 
     recommendations of the Montrose County Commission;
       (3) 1 member shall be appointed after considering the 
     recommendations of the Delta County Commission;
       (4) 1 member shall be appointed after considering the 
     recommendations of the permittees holding grazing allotments 
     within the Conservation Area or the Wilderness; and
       (5) 5 members shall reside in, or within reasonable 
     proximity to, Mesa County, Delta County, or Montrose County, 
     Colorado, with backgrounds that reflect--
       (A) the purposes for which the Conservation Area or 
     Wilderness was established; and
       (B) the interests of the stakeholders that are affected by 
     the planning and management of the Conservation Area and 
     Wilderness.
       (e) Representation.--The Secretary shall ensure that the 
     membership of the Council is fairly balanced in terms of the 
     points of view represented and the functions to be performed 
     by the Council.
       (f) Duration.--The Council shall terminate on the date that 
     is 1 year from the date on which the management plan is 
     adopted by the Secretary.

     SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.

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

          Subtitle F--Rio Puerco Watershed Management Program

     SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.

       (a) Rio Puerco Management Committee.--Section 401(b) of the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333; 110 Stat. 4147) is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (I) through (N) as 
     subparagraphs (J) through (O), respectively; and
       (B) by inserting after subparagraph (H) the following:
       ``(I) the Environmental Protection Agency;''; and
       (2) in paragraph (4), by striking ``enactment of this Act'' 
     and inserting ``enactment of the Omnibus Public Lands 
     Management Act of 2008''.
       (b) Authorization of Appropriations.--Section 401(e) of the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333; 110 Stat. 4148) is amended by striking 
     ``enactment of this Act'' and inserting ``enactment of the 
     Omnibus Public Lands Management Act of 2008''.

               Subtitle G--Land Conveyances and Exchanges

     SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means Carson City Consolidated 
     Municipality, Nevada.
       (2) Map.--The term ``Map'' means the map entitled ``Carson 
     City, Nevada Area'', dated September 12, 2008, and on file 
     and available for public inspection in the appropriate 
     offices of--
       (A) the Bureau of Land Management;
       (B) the Forest Service; and
       (C) the City.
       (3) Secretary.--The term ``Secretary'' means--
       (A) with respect to land in the National Forest System, the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (B) with respect to other Federal land, the Secretary of 
     the Interior.
       (4) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Agriculture and the Secretary of the Interior, 
     acting jointly.
       (5) Tribe.--The term ``Tribe'' means the Washoe Tribe of 
     Nevada and California, which is a federally recognized Indian 
     tribe.
       (b) Conveyances of Federal Land and City Land.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712), if 
     the City offers to convey to the United States title to the 
     non-Federal land described in paragraph (2)(A) that is 
     acceptable to the Secretary of Agriculture--
       (A) the Secretary shall accept the offer; and
       (B) not later than 180 days after the date on which the 
     Secretary receives acceptable title to the non-Federal land 
     described in paragraph (2)(A), the Secretaries shall convey 
     to the City, subject to valid existing rights and for no 
     consideration, except as provided in paragraph (3)(A), all 
     right, title, and interest of the United States in and to the 
     Federal land (other than any easement reserved under 
     paragraph (3)(B)) or interest in land described in paragraph 
     (2)(B).
       (2) Description of land.--
       (A) Non-federal land.--The non-Federal land referred to in 
     paragraph (1) is the approximately 2,264 acres of land 
     administered by the City and identified on the Map as ``To 
     U.S. Forest Service''.
       (B) Federal land.--The Federal land referred to in 
     paragraph (1)(B) is--
       (i) the approximately 935 acres of Forest Service land 
     identified on the Map as ``To Carson City for Natural 
     Areas'';
       (ii) the approximately 3,604 acres of Bureau of Land 
     Management land identified on the Map as ``Silver Saddle 
     Ranch and Carson River Area'';
       (iii) the approximately 1,862 acres of Bureau of Land 
     Management land identified on the Map as ``To Carson City for 
     Parks and Public Purposes''; and
       (iv) the approximately 75 acres of City land in which the 
     Bureau of Land Management has a reversionary interest that is 
     identified on the Map as ``Reversionary Interest of the 
     United States Released''.
       (3) Conditions.--
       (A) Consideration.--Before the conveyance of the 62-acre 
     Bernhard parcel to the City, the City shall deposit in the 
     special account established by subsection (e)(2)(A) an amount 
     equal to 25 percent of the difference between--
       (i) the amount for which the Bernhard parcel was purchased 
     by the City on July 18, 2001; and
       (ii) the amount for which the Bernhard parcel was purchased 
     by the Secretary on March 24, 2006.
       (B) Conservation easement.--As a condition of the 
     conveyance of the land described in paragraph (2)(B)(ii), the 
     Secretary, in consultation with Carson City and affected 
     local interests, shall reserve a perpetual conservation 
     easement to the land to protect, preserve, and enhance the 
     conservation values of the land, consistent with paragraph 
     (4)(B).
       (C) Costs.--Any costs relating to the conveyance under 
     paragraph (1), including any costs for surveys and other 
     administrative costs, shall be paid by the recipient of the 
     land being conveyed.
       (4) Use of land.--
       (A) Natural areas.--
       (i) In general.--Except as provided in clause (ii), the 
     land described in paragraph (2)(B)(i) shall be managed by the 
     City to maintain undeveloped open space and to preserve the 
     natural characteristics of the land in perpetuity.
       (ii) Exception.--Notwithstanding clause (i), the City may--

       (I) conduct projects on the land to reduce fuels;
       (II) construct and maintain trails, trailhead facilities, 
     and any infrastructure on the land that is required for 
     municipal water and flood management activities; and
       (III) maintain or reconstruct any improvements on the land 
     that are in existence on the date of enactment of this Act.

[[Page S9759]]

       (B) Silver saddle ranch and carson river area.--
       (i) In general.--Except as provided in clause (ii), the 
     land described in paragraph (2)(B)(ii) shall--

       (I) be managed by the City to protect and enhance the 
     Carson River, the floodplain and surrounding upland, and 
     important wildlife habitat; and
       (II) be used for undeveloped open space, passive 
     recreation, customary agricultural practices, and wildlife 
     protection.

       (ii) Exception.--Notwithstanding clause (i), the City may--

       (I) construct and maintain trails and trailhead facilities 
     on the land;
       (II) conduct projects on the land to reduce fuels;
       (III) maintain or reconstruct any improvements on the land 
     that are in existence on the date of enactment of this Act; 
     and
       (IV) allow the use of motorized vehicles on designated 
     roads, trails, and areas in the south end of Prison Hill.

       (C) Parks and public purposes.--The land described in 
     paragraph (2)(B)(iii) shall be managed by the City for--
       (i) undeveloped open space; and
       (ii) recreation or other public purposes consistent with 
     the Act of June 14, 1926 (commonly known as the ``Recreation 
     and Public Purposes Act'') (43 U.S.C. 869 et seq.).
       (D) Reversionary interest.--
       (i) Release.--The reversionary interest described in 
     paragraph (2)(B)(iv) shall terminate on the date of enactment 
     of this Act.
       (ii) Conveyance by city.--

       (I) In general.--If the City sells, leases, or otherwise 
     conveys any portion of the land described in paragraph 
     (2)(B)(iv), the sale, lease, or conveyance of land shall be--

       (aa) through a competitive bidding process; and
       (bb) except as provided in subclause (II), for not less 
     than fair market value.

       (II) Conveyance to government or nonprofit.--A sale, lease, 
     or conveyance of land described in paragraph (2)(B)(iv) to 
     the Federal Government, a State government, a unit of local 
     government, or a nonprofit organization shall be for 
     consideration in an amount equal to the price established by 
     the Secretary of the Interior under section 2741 of title 43, 
     Code of Federal Regulation (or successor regulations).
       (III) Disposition of proceeds.--The gross proceeds from the 
     sale, lease, or conveyance of land under subclause (I) shall 
     be distributed in accordance with subsection (e)(1).

       (5) Reversion.--If land conveyed under paragraph (1) is 
     used in a manner that is inconsistent with the uses described 
     in subparagraph (A), (B), (C), or (D) of paragraph (4), the 
     land shall, at the discretion of the Secretary, revert to the 
     United States.
       (6) Miscellaneous provisions.--
       (A) In general.--On conveyance of the non-Federal land 
     under paragraph (1) to the Secretary of Agriculture, the non-
     Federal land shall--
       (i) become part of the Humboldt-Toiyabe National Forest; 
     and
       (ii) be administered in accordance with the laws (including 
     the regulations) and rules generally applicable to the 
     National Forest System.
       (B) Management plan.--The Secretary of Agriculture, in 
     consultation with the City and other interested parties, may 
     develop and implement a management plan for National Forest 
     System land that ensures the protection and stabilization of 
     the National Forest System land to minimize the impacts of 
     flooding on the City.
       (7) Conveyance to bureau of land management.--
       (A) In general.--If the City offers to convey to the United 
     States title to the non-Federal land described in 
     subparagraph (B) that is acceptable to the Secretary of the 
     Interior, the land shall, at the discretion of the Secretary, 
     be conveyed to the United States.
       (B) Description of land.--The non-Federal land referred to 
     in subparagraph (A) is the approximately 136 acres of land 
     administered by the City and identified on the Map as ``To 
     Bureau of Land Management''.
       (C) Costs.--Any costs relating to the conveyance under 
     subparagraph (A), including any costs for surveys and other 
     administrative costs, shall be paid by the Secretary of the 
     Interior.
       (c) Transfer of Administrative Jurisdiction From the Forest 
     Service to the Bureau of Land Management.--
       (1) In general.--Administrative jurisdiction over the 
     approximately 50 acres of Forest Service land identified on 
     the Map as ``Parcel #1'' is transferred, from the Secretary 
     of Agriculture to the Secretary of the Interior.
       (2) Costs.--Any costs relating to the transfer under 
     paragraph (1), including any costs for surveys and other 
     administrative costs, shall be paid by the Secretary of the 
     Interior.
       (3) Use of land.--
       (A) Right-of-way.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary of the Interior shall 
     grant to the City a right-of-way for the maintenance of flood 
     management facilities located on the land.
       (B) Disposal.--The land referred to in paragraph (1) shall 
     be disposed of in accordance with subsection (d).
       (C) Disposition of proceeds.--The gross proceeds from the 
     disposal of land under subparagraph (B) shall be distributed 
     in accordance with subsection (e)(1).
       (d) Disposal of Carson City Land.--
       (1) In general.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712, 1713), the Secretary of the Interior shall, in 
     accordance with that Act, this subsection, and other 
     applicable law, and subject to valid existing rights, conduct 
     sales of the Federal land described in paragraph (2) to 
     qualified bidders.
       (2) Description of land.--The Federal land referred to in 
     paragraph (1) is--
       (A) the approximately 108 acres of Bureau of Land 
     Management land identified as ``Lands for Disposal'' on the 
     Map; and
       (B) the approximately 50 acres of land identified as 
     ``Parcel #1'' on the Map.
       (3) Compliance with local planning and zoning laws.--Before 
     a sale of Federal land under paragraph (1), the City shall 
     submit to the Secretary a certification that qualified 
     bidders have agreed to comply with--
       (A) City zoning ordinances; and
       (B) any master plan for the area approved by the City.
       (4) Method of sale; consideration.--The sale of Federal 
     land under paragraph (1) shall be--
       (A) consistent with subsections (d) and (f) of section 203 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1713);
       (B) unless otherwise determined by the Secretary, through a 
     competitive bidding process; and
       (C) for not less than fair market value.
       (5) Withdrawal.--
       (A) In general.--Subject to valid existing rights and 
     except as provided in subparagraph (B), the Federal land 
     described in paragraph (2) is withdrawn from--
       (i) all forms of entry and appropriation 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.
       (B) Exception.--Subparagraph (A)(i) shall not apply to 
     sales made consistent with this subsection.
       (6) Deadline for sale.--
       (A) In general.--Except as provided in subparagraph (B), 
     not later than 1 year after the date of enactment of this 
     Act, if there is a qualified bidder for the land described in 
     subparagraphs (A) and (B) of paragraph (2), the Secretary of 
     the Interior shall offer the land for sale to the qualified 
     bidder.
       (B) Postponement; exclusion from sale.--
       (i) Request by carson city for postponement or exclusion.--
     At the request of the City, the Secretary shall postpone or 
     exclude from the sale under subparagraph (A) all or a portion 
     of the land described in subparagraphs (A) and (B) of 
     paragraph (2).
       (ii) Indefinite postponement.--Unless specifically 
     requested by the City, a postponement under clause (i) shall 
     not be indefinite.
       (e) Disposition of Proceeds.--
       (1) In general.--Of the proceeds from the sale of land 
     under subsections (b)(4)(D)(ii) and (d)(1)--
       (A) 5 percent shall be paid directly to the State for use 
     in the general education program of the State; and
       (B) the remainder shall be deposited in a special account 
     in the Treasury of the United States, to be known as the 
     ``Carson City Special Account'', and shall be available 
     without further appropriation to the Secretary until expended 
     to--
       (i) reimburse costs incurred by the Bureau of Land 
     Management for preparing for the sale of the Federal land 
     described in subsection (d)(2), including the costs of--

       (I) surveys and appraisals; and
       (II) compliance with--

       (aa) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (bb) sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713);
       (ii) reimburse costs incurred by the Bureau of Land 
     Management and Forest Service for preparing for, and carrying 
     out, the transfers of land to be held in trust by the United 
     States under subsection (h)(1); and
       (iii) acquire environmentally sensitive land or an interest 
     in environmentally sensitive land in the City.
       (2) Silver saddle endowment account.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a special account, to be known as the 
     ``Silver Saddle Endowment Account'', consisting of such 
     amounts as are deposited under subsection (b)(3)(A).
       (B) Availability of amounts.--Amounts deposited in the 
     account established by paragraph (1) shall be available to 
     the Secretary, without further appropriation, for the 
     oversight and enforcement of the conservation easement 
     established under subsection (b)(3)(B).
       (f) Urban Interface.--
       (1) In general.--Except as otherwise provided in this 
     section and subject to valid existing rights, the Federal 
     land described in paragraph (2) is permanently withdrawn 
     from--
       (A) all forms of entry and appropriation under the public 
     land laws and mining laws;
       (B) location and patent under the mining laws; and
       (C) operation of the mineral laws, geothermal leasing laws, 
     and mineral material laws.
       (2) Description of land.--The land referred to in paragraph 
     (1) consists of approximately 19,747 acres, which is 
     identified on the Map as ``Urban Interface Withdrawal''.
       (3) Incorporation of acquired land and interests.--Any land 
     or interest in land within the boundaries of the land 
     described

[[Page S9760]]

     in paragraph (2) that is acquired by the United States after 
     the date of enactment of this Act shall be withdrawn in 
     accordance with this subsection.
       (4) Off-highway vehicle management.--Until the date on 
     which the Secretary, in consultation with the State, the 
     City, and any other interested persons, completes a 
     transportation plan for Federal land in the City, the use of 
     motorized and mechanical vehicles on Federal land within the 
     City shall be limited to roads and trails in existence on the 
     date of enactment of this Act unless the use of the vehicles 
     is needed--
       (A) for administrative purposes; or
       (B) to respond to an emergency.
       (g) Availability of Funds.--Section 4(e) of the Southern 
     Nevada Public Land Management Act of 1998 (Public Law 105-
     263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 
     Stat. 2414; 120 Stat. 3045) is amended--
       (1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln, 
     and White Pine Counties and Washoe County (subject to 
     paragraph 4))'' and inserting ``Clark, Lincoln, and White 
     Pine Counties and Washoe County (subject to paragraph 4)) and 
     Carson City (subject to paragraph (5))'';
       (2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln, 
     and White Pine Counties'' and inserting ``Clark, Lincoln, and 
     White Pine Counties and Carson City (subject to paragraph 
     (5))'';
       (3) in paragraph (4), by striking ``2011'' and inserting 
     ``2015''; and
       (4) by adding at the end the following:
       ``(5) Limitation for carson city.--Carson City shall be 
     eligible to nominate for expenditure amounts to acquire land 
     or an interest in land for parks or natural areas and for 
     conservation initiatives--
       ``(A) adjacent to the Carson River; or
       ``(B) within the floodplain of the Carson River.''.
       (h) Transfer of Land to Be Held in Trust for Washoe 
     Tribe.--
       (1) In general.--Subject to valid existing rights, all 
     right, title, and interest of the United States in and to the 
     land described in paragraph (2)--
       (A) shall be held in trust by the United States for the 
     benefit and use of the Tribe; and
       (B) shall be part of the reservation of the Tribe.
       (2) Description of land.--The land referred to in paragraph 
     (1) consists of approximately 293 acres, which is identified 
     on the Map as ``To Washoe Tribe''.
       (3) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     complete a survey of the boundary lines to establish the 
     boundaries of the land taken into trust under paragraph (1).
       (4) Use of land.--
       (A) Gaming.--Land taken into trust under paragraph (1) 
     shall not be eligible, or considered to have been taken into 
     trust, for class II gaming or class III gaming (as those 
     terms are defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)).
       (B) Trust land for ceremonial use and conservation.--With 
     respect to the use of the land taken into trust under 
     paragraph (1) that is above the 5,200' elevation contour, the 
     Tribe--
       (i) shall limit the use of the land to--

       (I) traditional and customary uses; and
       (II) stewardship conservation for the benefit of the Tribe; 
     and

       (ii) shall not permit any--

       (I) permanent residential or recreational development on 
     the land; or
       (II) commercial use of the land, including commercial 
     development or gaming.

       (C) Trust land for commercial and residential use.--With 
     respect to the use of the land taken into trust under 
     paragraph (1), the Tribe shall limit the use of the land 
     below the 5,200' elevation to--
       (i) traditional and customary uses;
       (ii) stewardship conservation for the benefit of the Tribe; 
     and
       (iii)(I) residential or recreational development; or
       (II) commercial use.
       (D) Thinning; landscape restoration.--With respect to the 
     land taken into trust under paragraph (1), the Secretary of 
     Agriculture, in consultation and coordination with the Tribe, 
     may carry out any thinning and other landscape restoration 
     activities on the land that is beneficial to the Tribe and 
     the Forest Service.
       (i) Correction of Skunk Harbor Conveyance.--
       (1) Purpose.--The purpose of this subsection is to amend 
     Public Law 108-67 (117 Stat. 880) to make a technical 
     correction relating to the land conveyance authorized under 
     that Act.
       (2) Technical correction.--Section 2 of Public Law 108-67 
     (117 Stat. 880) is amended--
       (A) by striking ``Subject to'' and inserting the following:
       ``(a) In General.--Subject to'';
       (B) in subsection (a) (as designated by paragraph (1)), by 
     striking ``the parcel'' and all that follows through the 
     period at the end and inserting the following: ``and to 
     approximately 23 acres of land identified as `Parcel A' on 
     the map entitled `Skunk Harbor Conveyance Correction' and 
     dated September 12, 2008, the western boundary of which is 
     the low water line of Lake Tahoe at elevation 6,223.0' (Lake 
     Tahoe Datum).''; and
       (C) by adding at the end the following:
       ``(b) Survey and Legal Description.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary of Agriculture 
     shall complete a survey and legal description of the boundary 
     lines to establish the boundaries of the trust land.
       ``(2) Technical corrections.--The Secretary may correct any 
     technical errors in the survey or legal description completed 
     under paragraph (1).
       ``(c) Public Access and Use.--Nothing in this Act prohibits 
     any approved general public access (through existing 
     easements or by boat) to, or use of, land remaining within 
     the Lake Tahoe Basin Management Unit after the conveyance of 
     the land to the Secretary of the Interior, in trust for the 
     Tribe, under subsection (a), including access to, and use of, 
     the beach and shoreline areas adjacent to the portion of land 
     conveyed under that subsection.''.
       (3) Date of trust status.--The trust land described in 
     section 2(a) of Public Law 108-67 (117 Stat. 880) shall be 
     considered to be taken into trust as of August 1, 2003.
       (4) Transfer.--The Secretary of the Interior, acting on 
     behalf of and for the benefit of the Tribe, shall transfer to 
     the Secretary of Agriculture administrative jurisdiction over 
     the land identified as ``Parcel B'' on the map entitled 
     ``Skunk Harbor Conveyance Correction'' and dated September 
     12, 2008.
       (j) Agreement With Forest Service.--The Secretary of 
     Agriculture, in consultation with the Tribe, shall develop 
     and implement a cooperative agreement that ensures regular 
     access by members of the Tribe and other people in the 
     community of the Tribe across National Forest System land 
     from the City to Lake Tahoe for cultural and religious 
     purposes.
       (k) Artifact Collection.--
       (1) Notice.--At least 180 days before conducting any ground 
     disturbing activities on the land identified as ``Parcel #2'' 
     on the Map, the City shall notify the Tribe of the proposed 
     activities to provide the Tribe with adequate time to 
     inventory and collect any artifacts in the affected area.
       (2) Authorized activities.--On receipt of notice under 
     paragraph (1), the Tribe may collect and possess any 
     artifacts relating to the Tribe in the land identified as 
     ``Parcel #2'' on the Map.
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA 
                   CONVEYANCE.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the City of Henderson, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.
       (4) Transition area.--The term ``Transition Area'' means 
     the approximately 502 acres of Federal land located in 
     Henderson, Nevada, and identified as ``Limited Transition 
     Area'' on the map entitled ``Southern Nevada Limited 
     Transition Area Act'' and dated March 20, 2006.
       (b) Southern Nevada Limited Transition Area.--
       (1) Conveyance.--Notwithstanding the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.), on 
     request of the City, the Secretary shall, without 
     consideration and subject to all valid existing rights, 
     convey to the City all right, title, and interest of the 
     United States in and to the Transition Area.
       (2) Use of land for nonresidential development.--
       (A) In general.--After the conveyance to the City under 
     paragraph (1), the City may sell, lease, or otherwise convey 
     any portion or portions of the Transition Area for purposes 
     of nonresidential development.
       (B) Method of sale.--
       (i) In general.--The sale, lease, or conveyance of land 
     under subparagraph (A) shall be through a competitive bidding 
     process.
       (ii) Fair market value.--Any land sold, leased, or 
     otherwise conveyed under subparagraph (A) shall be for not 
     less than fair market value.
       (C) Compliance with charter.--Except as provided in 
     subparagraphs (B) and (D), the City may sell, lease, or 
     otherwise convey parcels within the Transition Area only in 
     accordance with the procedures for conveyances established in 
     the City Charter.
       (D) Disposition of proceeds.--The gross proceeds from the 
     sale of land under subparagraph (A) shall be distributed in 
     accordance with section 4(e) of the Southern Nevada Public 
     Land Management Act of 1998 (112 Stat. 2345).
       (3) Use of land for recreation or other public purposes.--
     The City may elect to retain parcels in the Transition Area 
     for public recreation or other public purposes consistent 
     with the Act of June 14, 1926 (commonly known as the 
     ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.) by providing to the Secretary written notice of the 
     election.
       (4) Noise compatibility requirements.--The City shall--
       (A) plan and manage the Transition Area in accordance with 
     section 47504 of title 49, United States Code (relating to 
     airport noise compatibility planning), and regulations 
     promulgated in accordance with that section; and
       (B) agree that if any land in the Transition Area is sold, 
     leased, or otherwise conveyed by the City, the sale, lease, 
     or conveyance shall contain a limitation to require uses 
     compatible with that airport noise compatibility planning.
       (5) Reversion.--

[[Page S9761]]

       (A) In general.--If any parcel of land in the Transition 
     Area is not conveyed for nonresidential development under 
     this section or reserved for recreation or other public 
     purposes under paragraph (3) by the date that is 20 years 
     after the date of enactment of this Act, the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.
       (B) Inconsistent use.--If the City uses any parcel of land 
     within the Transition Area in a manner that is inconsistent 
     with the uses specified in this subsection--
       (i) at the discretion of the Secretary, the parcel shall 
     revert to the United States; or
       (ii) if the Secretary does not make an election under 
     clause (i), the City shall sell the parcel of land in 
     accordance with this subsection.

     SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.

       (a) Definitions.--In this section:
       (1) Alta-hualapai site.--The term ``Alta-Hualapai Site'' 
     means the approximately 80 acres of land that is--
       (A) patented to the City under the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.); and
       (B) identified on the map as the ``Alta-Hualapai Site''.
       (2) City.--The term ``City'' means the city of Las Vegas, 
     Nevada.
       (3) Institute.--The term ``Institute'' means the Nevada 
     Cancer Institute, a nonprofit organization described under 
     section 501(c)(3) of the Internal Revenue Code of 1986, the 
     principal place of business of which is at 10441 West Twain 
     Avenue, Las Vegas, Nevada.
       (4) Map.--The term ``map'' means the map titled ``Nevada 
     Cancer Institute Expansion Act'' and dated July 17, 2006.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (6) Water district.--The term ``Water District'' means the 
     Las Vegas Valley Water District.
       (b) Land Conveyance.--
       (1) Survey and legal description.--The City shall prepare a 
     survey and legal description of the Alta-Hualapai Site. The 
     survey shall conform to the Bureau of Land Management 
     cadastral survey standards and be subject to approval by the 
     Secretary.
       (2) Acceptance.--The Secretary may accept the 
     relinquishment by the City of all or part of the Alta-
     Hualapai Site.
       (3) Conveyance for use as nonprofit cancer institute.--
     After relinquishment of all or part of the Alta-Hualapai Site 
     to the Secretary, and not later than 180 days after request 
     of the Institute, the Secretary shall convey to the 
     Institute, subject to valid existing rights, the portion of 
     the Alta-Hualapai Site that is necessary for the development 
     of a nonprofit cancer institute.
       (4) Additional conveyances.--Not later than 180 days after 
     a request from the City, the Secretary shall convey to the 
     City, subject to valid existing rights, any remaining portion 
     of the Alta-Hualapai Site necessary for ancillary medical or 
     nonprofit use compatible with the mission of the Institute.
       (5) Applicable law.--Any conveyance by the City of any 
     portion of the land received under this section shall be for 
     no less than fair market value and the proceeds shall be 
     distributed in accordance with section 4(e)(1) of Public Law 
     105-263 (112 Stat. 2345).
       (6) Transaction costs.--All land conveyed by the Secretary 
     under this section shall be at no cost, except that the 
     Secretary may require the recipient to bear any costs 
     associated with transfer of title or any necessary land 
     surveys.
       (7) Report.--Not later than 180 days after the date of the 
     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 on all transactions 
     conducted under Public Law 105-263 (112 Stat. 2345).
       (c) Rights-of-Way.--Consistent with the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701), the Secretary 
     may grant rights-of-way to the Water District on a portion of 
     the Alta-Hualapai Site for a flood control project and a 
     water pumping facility.
       (d) Reversion.--Any property conveyed pursuant to this 
     section which ceases to be used for the purposes specified in 
     this section shall, at the discretion of the Secretary, 
     revert to the United States, along with any improvements 
     thereon or thereto.

     SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 25 acres of Bureau of Land Management land 
     identified on the map as ``Lands to be conveyed to Turnabout 
     Ranch''.
       (2) Map.--The term ``map'' means the map entitled 
     ``Turnabout Ranch Conveyance'' dated May 12, 2006, and on 
     file in the office of the Director of the Bureau of Land 
     Management.
       (3) Monument.--The term ``Monument'' means the Grand 
     Staircase-Escalante National Monument located in southern 
     Utah.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Turnabout ranch.--The term ``Turnabout Ranch'' means 
     the Turnabout Ranch in Escalante, Utah, owned by Aspen 
     Education Group.
       (b) Conveyance of Federal Land to Turnabout Ranch.--
       (1) In general.--Notwithstanding the land use planning 
     requirements of sections 202 and 203 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if 
     not later than 30 days after completion of the appraisal 
     required under paragraph (2), Turnabout Ranch of Escalante, 
     Utah, submits to the Secretary an offer to acquire the 
     Federal land for the appraised value, the Secretary shall, 
     not later than 30 days after the date of the offer, convey to 
     Turnabout Ranch all right, title, and interest to the Federal 
     land, subject to valid existing rights.
       (2) Appraisal.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall complete an 
     appraisal of the Federal land. The appraisal shall be 
     completed in accordance with the ``Uniform Appraisal 
     Standards for Federal Land Acquisitions'' and the ``Uniform 
     Standards of Professional Appraisal Practice''. All costs 
     associated with the appraisal shall be born by Turnabout 
     Ranch.
       (3) Payment of consideration.--Not later than 30 days after 
     the date on which the Federal land is conveyed under 
     paragraph (1), as a condition of the conveyance, Turnabout 
     Ranch shall pay to the Secretary an amount equal to the 
     appraised value of the Federal land, as determined under 
     paragraph (2).
       (4) Costs of conveyance.--As a condition of the conveyance, 
     any costs of the conveyance under this section shall be paid 
     by Turnabout Ranch.
       (5) Disposition of proceeds.--The Secretary shall deposit 
     the proceeds from the conveyance of the Federal land under 
     paragraph (1) in the Federal Land Deposit Account established 
     by section 206 of the Federal Land Transaction Facilitation 
     Act(43 U.S.C. 2305), to be expended in accordance with that 
     Act.
       (c) Modification of Monument Boundary.--When the conveyance 
     authorized by subsection (b) is completed, the boundaries of 
     the Grand Staircase-Escalante National Monument in the State 
     of Utah are hereby modified to exclude the Federal land 
     conveyed to Turnabout Ranch.

     SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.

       (a) Definitions.--In this section:
       (1) Boy scouts.--The term ``Boy Scouts'' means the Utah 
     National Parks Council of the Boy Scouts of America.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Boy Scouts of America Land Exchange.--
       (1) Authority to convey.--
       (A) In general.--Subject to paragraph (3) and 
     notwithstanding the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.), the Boy Scouts may convey to Brian Head Resort, 
     subject to valid existing rights and, except as provided in 
     subparagraph (B), any rights reserved by the United States, 
     all right, title, and interest granted to the Boy Scouts by 
     the original patent to the parcel described in paragraph 
     (2)(A) in exchange for the conveyance by Brian Head Resort to 
     the Boy Scouts of all right, title, and interest in and to 
     the parcels described in paragraph (2)(B).
       (B) Reversionary interest.--On conveyance of the parcel of 
     land described in paragraph (2)(A), the Secretary shall have 
     discretion with respect to whether or not the reversionary 
     interests of the United States are to be exercised.
       (2) Description of land.--The parcels of land referred to 
     in paragraph (1) are--
       (A) the 120-acre parcel that is part of a tract of public 
     land acquired by the Boy Scouts under the Act of June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.) for the purpose of operating a 
     camp, which is more particularly described as the W 1/2 SE 1/
     4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake 
     Base and Meridian; and
       (B) the 2 parcels of private land owned by Brian Head 
     Resort that total 120 acres, which are more particularly 
     described as--
       (i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S., R. 9 
     W., Salt Lake Base and Meridian; and
       (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake 
     Base Meridian.
       (3) Conditions.--On conveyance to the Boy Scouts under 
     paragraph (1)(A), the parcels of land described in paragraph 
     (2)(B) shall be subject to the terms and conditions imposed 
     on the entire tract of land acquired by the Boy Scouts for a 
     camp under the Bureau of Land Management patent numbered 43-
     75-0010.
       (4) Modification of patent.--On completion of the exchange 
     under paragraph (1)(A), the Secretary shall amend the 
     original Bureau of Land Management patent providing for the 
     conveyance to the Boy Scouts under the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.) numbered 43-75-0010 to take 
     into account the exchange under paragraph (1)(A).

     SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.

       (a) Definitions.--In this section:
       (1) Public land.--The term ``public land'' means the 
     approximately 622 acres of Federal land managed by the Bureau 
     of Land Management and identified for conveyance on the map 
     prepared by the Bureau of Land Management entitled ``Douglas 
     County Public Utility District Proposal'' and dated March 2, 
     2006.
       (2) PUD.--The term ``PUD'' means the Public Utility 
     District No. 1 of Douglas County, Washington.

[[Page S9762]]

       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Wells hydroelectric project.--The term ``Wells 
     Hydroelectric Project'' means Federal Energy Regulatory 
     Commission Project No. 2149.
       (b) Conveyance of Public Land, Wells Hydroelectric Project, 
     Public Utility District No. 1 of Douglas County, 
     Washington.--
       (1) Conveyance required.--Notwithstanding the land use 
     planning requirements of sections 202 and 203 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712, 
     1713), and notwithstanding section 24 of the Federal Power 
     Act (16 U.S.C. 818) and Federal Power Order for Project 2149, 
     and subject to valid existing rights, if not later than 45 
     days after the date of completion of the appraisal required 
     under paragraph (2), the Public Utility District No. 1 of 
     Douglas County, Washington, submits to the Secretary an offer 
     to acquire the public land for the appraised value, the 
     Secretary shall convey, not later than 30 days after the date 
     of the offer, to the PUD all right, title, and interest of 
     the United States in and to the public land.
       (2) Appraisal.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall complete an 
     appraisal of the public land. The appraisal shall be 
     conducted in accordance with the ``Uniform Appraisal 
     Standards for Federal Land Acquisitions'' and the ``Uniform 
     Standards of Professional Appraisal Practice''.
       (3) Payment.--Not later than 30 days after the date on 
     which the public land is conveyed under this subsection, the 
     PUD shall pay to the Secretary an amount equal to the 
     appraised value of the public land as determined under 
     paragraph (2).
       (4) Map and legal descriptions.--As soon as practicable 
     after the date of enactment of this Act, the Secretary shall 
     finalize legal descriptions of the public land to be conveyed 
     under this subsection. The Secretary may correct any minor 
     errors in the map referred to in subsection (a)(1) or in the 
     legal descriptions. The map and legal descriptions shall be 
     on file and available for public inspection in appropriate 
     offices of the Bureau of Land Management.
       (5) Costs of conveyance.--As a condition of conveyance, any 
     costs related to the conveyance under this subsection shall 
     be paid by the PUD.
       (6) Disposition of proceeds.--The Secretary shall deposit 
     the proceeds from the sale in the Federal Land Disposal 
     Account established by section 206 of the Federal Land 
     Transaction Facilitation Act (43 U.S.C. 2305) to be expended 
     to improve access to public lands administered by the Bureau 
     of Land Management in the State of Washington.
       (c) Segregation of Lands.--
       (1) Withdrawal.--Except as provided in subsection (b)(1), 
     effective immediately upon enactment of this Act, and subject 
     to valid existing rights, the public land is withdrawn from--
       (A) all forms of entry, appropriation, or disposal under 
     the public land laws, and all amendments thereto;
       (B) location, entry, and patenting under the mining laws, 
     and all amendments thereto; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws, and all amendments thereto.
       (2) Duration.--This subsection expires two years after the 
     date of enactment of this Act or on the date of the 
     completion of the conveyance under subsection (b), whichever 
     is earlier.
       (d) Retained Authority.--The Secretary shall retain the 
     authority to place conditions on the license to insure 
     adequate protection and utilization of the public land 
     granted to the Secretary in section 4(e) of the Federal Power 
     Act (16 U.S.C. 797(e)) until the Federal Energy Regulatory 
     Commission has issued a new license for the Wells 
     Hydroelectric Project, to replace the original license 
     expiring May 31, 2012, consistent with section 15 of the 
     Federal Power Act (16 U.S.C. 808).

     SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.

       (a) Conveyance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management, shall 
     convey to the city of Twin Falls, Idaho, subject to valid 
     existing rights, without consideration, all right, title, and 
     interest of the United States in and to the 4 parcels of land 
     described in subsection (b).
       (b) Land Description.--The 4 parcels of land to be conveyed 
     under subsection (a) are the approximately 165 acres of land 
     in Twin Falls County, Idaho, that are identified as ``Land to 
     be conveyed to Twin Falls'' on the map titled ``Twin Falls 
     Land Conveyance'' and dated July 28, 2008.
       (c) Map on File.--A map depicting the land described in 
     subsection (b) shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (d) Use of Conveyed Lands.--
       (1) Purpose.--The land conveyed under this section shall be 
     used to support the public purposes of the Auger Falls 
     Project, including a limited agricultural exemption to allow 
     for water quality and wildlife habitat improvements.
       (2) Restriction.--The land conveyed under this section 
     shall not be used for residential or commercial purposes, 
     except for the limited agricultural exemption described in 
     paragraph (1).
       (3) Additional terms and conditions.--The Secretary of the 
     Interior may require such additional terms and conditions in 
     connection with the conveyance as the Secretary considers 
     appropriate to protect the interests of the United States.
       (e) Reversion.--If the land conveyed under this section is 
     no longer used in accordance with subsection (d)--
       (1) the land shall, at the discretion of the Secretary 
     based on his determination of the best interests of the 
     United States, revert to the United States; and
       (2) if the Secretary chooses to have the land revert to the 
     United States and if the Secretary determines that the land 
     is environmentally contaminated, the city of Twin Falls, 
     Idaho, or any other person responsible for the contamination 
     shall remediate the contamination.
       (f) Administrative Costs.--The Secretary shall require that 
     the city of Twin Falls, Idaho, pay all survey costs and other 
     administrative costs necessary for the preparation and 
     completion of any patents of and transfer of title to 
     property under this section.

     SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, 
                   NEVADA.

       (a) Finding.--Congress finds that the land described in 
     subsection (c) has been adequately studied for wilderness 
     designation under section 603 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1782).
       (b) Release.--The land described in subsection (c)--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with--
       (A) land management plans adopted under section 202 of that 
     Act (43 U.S.C. 1712); and
       (B) cooperative conservation agreements in existence on the 
     date of the enactment of this Act.
       (c) Description of Land.--The land referred to in 
     subsections (a) and (b) is the approximately 70 acres of land 
     in the Sunrise Mountain Instant Study Area of Clark County, 
     Nevada, that is designated on the map entitled ``Sunrise 
     Mountain ISA Release Areas'' and dated September 6, 2008.

     SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.

       (a) Conveyance of Land by the Bureau of Land Management to 
     Park City, Utah.--
       (1) Land transfer.--Notwithstanding the planning 
     requirements of sections 202 and 203 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the 
     Secretary of the Interior shall convey, not later than 180 
     days after the date of the enactment of this Act, to Park 
     City, Utah, all right, title, and interest of the United 
     States in and to two parcels of real property located in Park 
     City, Utah, that are currently under the management 
     jurisdiction of the Bureau of Land Management and designated 
     as parcel 8 (commonly known as the White Acre parcel) and 
     parcel 16 (commonly known as the Gambel Oak parcel). The 
     conveyance shall be subject to all valid existing rights.
       (2) Deed restriction.--The conveyance of the lands under 
     paragraph (1) shall be made by a deed or deeds containing a 
     restriction requiring that the lands be maintained as open 
     space and used solely for public recreation purposes or other 
     purposes consistent with their maintenance as open space. 
     This restriction shall not be interpreted to prohibit the 
     construction or maintenance of recreational facilities, 
     utilities, or other structures that are consistent with the 
     maintenance of the lands as open space or its use for public 
     recreation purposes.
       (3) Consideration.--In consideration for the transfer of 
     the land under paragraph (1), Park City shall pay to the 
     Secretary of the Interior an amount consistent with 
     conveyances to governmental entities for recreational 
     purposes under the Act of June 14, 1926 (commonly known as 
     the Recreation and Public Purposes Act; 43 U.S.C. 869 et 
     seq.).
       (b) Sale of Bureau of Land Management Land in Park City, 
     Utah, at Auction.--
       (1) Sale of land.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of the Interior 
     shall offer for sale any right, title, or interest of the 
     United States in and to two parcels of real property located 
     in Park City, Utah, that are currently under the management 
     jurisdiction of the Bureau of Land Management and are 
     designated as parcels 17 and 18 in the Park City, Utah, area. 
     The sale of the land shall be carried out in accordance with 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701) and other applicable law, other than the planning 
     provisions of sections 202 and 203 of such Act (43 U.S.C. 
     1712, 1713), and shall be subject to all valid existing 
     rights.
       (2) Method of sale.--The sale of the land under paragraph 
     (1) shall be consistent with subsections (d) and (f) of 
     section 203 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1713) through a competitive bidding process 
     and for not less than fair market value.
       (c) Disposition of Land Sales Proceeds.--All proceeds 
     derived from the sale of land described in this section shall 
     be deposited in the Federal Land Disposal Account established 
     by section 206(a) of the Federal Land Transaction 
     Facilitation Act (43 U.S.C. 2305(a)).

     SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS 
                   IN RENO, NEVADA.

       (a) Railroad Lands Defined.--For the purposes of this 
     section, the term ``railroad lands'' means those lands within 
     the City of Reno, Nevada, located within portions of sections 
     10, 11, and 12 of T.19 N., R. 19 E., and

[[Page S9763]]

     portions of section 7 of T.19 N., R. 20 E., Mount Diablo 
     Meridian, Nevada, that were originally granted to the Union 
     Pacific Railroad under the provisions of the Act of July 1, 
     1862, commonly known as the Union Pacific Railroad Act.
       (b) Release of Reversionary Interest.--Any reversionary 
     interests of the United States (including interests under the 
     Act of July 1, 1862, commonly known as the Union Pacific 
     Railroad Act) in and to the railroad lands as defined in 
     subsection (a) of this section are hereby released.

     SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE 
                   RANCHERIA.

       (a) In General.--
       (1) Federal lands.--Subject to valid existing rights, all 
     right, title, and interest (including improvements and 
     appurtenances) of the United States in and to the Federal 
     lands described in subsection (b), the Federal lands shall be 
     declared to be held in trust by the United States for the 
     benefit of the Tribe for nongaming purposes, and shall be 
     subject to the same terms and conditions as those lands 
     described in the California Indian Land Transfer Act (Public 
     Law 106-568; 114 Stat. 2921).
       (2) Trust lands.--Lands described in subsection (c) of this 
     section that are taken or to be taken in trust by the United 
     States for the benefit of the Tribe shall be subject to 
     subsection (c) of section 903 of the California Indian Land 
     Transfer Act (Public Law 106-568; 114 Stat. 2921).
       (b) Federal Lands Described.--The Federal lands described 
     in this subsection, comprising approximately 66 acres, are as 
     follows:
       (1) Township 1 North, Range 16 East, Section 6, Lots 10 and 
     12, MDM, containing 50.24 acres more or less.
       (2) Township 1 North, Range 16 East, Section 5, Lot 16, 
     MDM, containing 15.35 acres more or less.
       (3) Township 2 North, Range 16 East, Section 32, Indian 
     Cemetery Reservation within Lot 22, MDM, containing 0.4 acres 
     more or less.
       (c) Trust Lands Described.--The trust lands described in 
     this subsection, comprising approximately 357 acres, are 
     commonly referred to as follows:
       (1) Thomas property, pending trust acquisition, 104.50 
     acres.
       (2) Coenenburg property, pending trust acquisition, 192.70 
     acres, subject to existing easements of record, including but 
     not limited to a non-exclusive easement for ingress and 
     egress for the benefit of adjoining property as conveyed by 
     Easement Deed recorded July 13, 1984, in Volume 755, Pages 
     189 to 192, and as further defined by Stipulation and 
     Judgment entered by Tuolumne County Superior Court on 
     September 2, 1983, and recorded June 4, 1984, in Volume 751, 
     Pages 61 to 67.
       (3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
       (4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
       (5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
       (6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
       (7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
       (8) A portion of Assessor Parcel No. 620500200, 2.5 acres, 
     trust land.
       (9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
       (d) Survey.--As soon as practicable after the date of the 
     enactment of this Act, the Office of Cadastral Survey of the 
     Bureau of Land Management shall complete fieldwork required 
     for a survey of the lands described in subsections (b) and 
     (c) for the purpose of incorporating those lands within the 
     boundaries of the Tuolumne Rancheria. Not later than 90 days 
     after that fieldwork is completed, that office shall complete 
     the survey.
       (e) Legal Descriptions.--
       (1) Publication.--On approval by the Community Council of 
     the Tribe of the survey completed under subsection (d), the 
     Secretary of the Interior shall publish in the Federal 
     Register--
       (A) a legal description of the new boundary lines of the 
     Tuolumne Rancheria; and
       (B) a legal description of the land surveyed under 
     subsection (d).
       (2) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1), such legal 
     descriptions shall be the official legal descriptions of 
     those boundary lines of the Tuolumne Rancheria and the lands 
     surveyed.

                TITLE III--FOREST SERVICE AUTHORIZATIONS

           Subtitle A--Watershed Restoration and Enhancement

     SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.

       Section 323 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; 
     Public Law 105-277), is amended--
       (1) in subsection (a), by striking ``each of fiscal years 
     2006 through 2011'' and inserting ``fiscal year 2006 and each 
     fiscal year thereafter'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Applicable Law.--Chapter 63 of title 31, United 
     States Code, shall not apply to--
       ``(1) a watershed restoration and enhancement agreement 
     entered into under this section; or
       ``(2) an agreement entered into under the first section of 
     Public Law 94-148 (16 U.S.C. 565a-1).''.

                Subtitle B--Wildland Firefighter Safety

     SEC. 3101. WILDLAND FIREFIGHTER SAFETY.

       (a) Definitions.--In this section:
       (1) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of the Interior, acting through the 
     Directors of the Bureau of Land Management, the United States 
     Fish and Wildlife Service, the National Park Service, and the 
     Bureau of Indian Affairs; and
       (B) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service.
       (2) Wildland firefighter.--The term ``wildland 
     firefighter'' means any person who participates in wildland 
     firefighting activities--
       (A) under the direction of either of the Secretaries; or
       (B) under a contract or compact with a federally recognized 
     Indian tribe.
       (b) Annual Report to Congress.--
       (1) In general.--The Secretaries shall jointly submit to 
     Congress an annual report on the wildland firefighter safety 
     practices of the Secretaries, including training programs and 
     activities for wildland fire suppression, prescribed burning, 
     and wildland fire use, during the preceding calendar year.
       (2) Timeline.--Each report under paragraph (1) shall--
       (A) be submitted by not later than March of the year 
     following the calendar year covered by the report; and
       (B) include--
       (i) a description of, and any changes to, wildland 
     firefighter safety practices, including training programs and 
     activities for wildland fire suppression, prescribed burning, 
     and wildland fire use;
       (ii) statistics and trend analyses;
       (iii) an estimate of the amount of Federal funds expended 
     by the Secretaries on wildland firefighter safety practices, 
     including training programs and activities for wildland fire 
     suppression, prescribed burning, and wildland fire use;
       (iv) progress made in implementing recommendations from the 
     Inspector General, the Government Accountability Office, the 
     Occupational Safety and Health Administration, or an agency 
     report relating to a wildland firefighting fatality issued 
     during the preceding 10 years; and
       (v) a description of--

       (I) the provisions relating to wildland firefighter safety 
     practices in any Federal contract or other agreement 
     governing the provision of wildland firefighters by a non-
     Federal entity;
       (II) a summary of any actions taken by the Secretaries to 
     ensure that the provisions relating to safety practices, 
     including training, are complied with by the non-Federal 
     entity; and
       (III) the results of those actions.

                       Subtitle C--Wyoming Range

     SEC. 3201. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Wyoming range withdrawal area.--The term ``Wyoming 
     Range Withdrawal Area'' means all National Forest System land 
     and federally owned minerals located within the boundaries of 
     the Bridger-Teton National Forest identified on the map 
     entitled ``Wyoming Range Withdrawal Area'' and dated October 
     17, 2007, on file with the Office of the Chief of the Forest 
     Service and the Office of the Supervisor of the Bridger-Teton 
     National Forest.

     SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.

       (a) Withdrawal.--Except as provided in subsection (f), 
     subject to valid existing rights as of the date of enactment 
     of this Act and the provisions of this subtitle, land in the 
     Wyoming Range Withdrawal Area is withdrawn from--
       (1) all forms of appropriation or disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under laws relating to mineral and 
     geothermal leasing.
       (b) Existing Rights.--If any right referred to in 
     subsection (a) is relinquished or otherwise acquired by the 
     United States (including through donation under section 323) 
     after the date of enactment of this Act, the land subject to 
     that right shall be withdrawn in accordance with this 
     section.
       (c) Buffers.--Nothing in this section requires--
       (1) the creation of a protective perimeter or buffer area 
     outside the boundaries of the Wyoming Range Withdrawal Area; 
     or
       (2) any prohibition on activities outside of the boundaries 
     of the Wyoming Range Withdrawal Area that can be seen or 
     heard from within the boundaries of the Wyoming Range 
     Withdrawal Area.
       (d) Land and Resource Management Plan.--
       (1) In general.--Subject to paragraph (2), the Bridger-
     Teton National Land and Resource Management Plan (including 
     any revisions to the Plan) shall apply to any land within the 
     Wyoming Range Withdrawal Area.
       (2) Conflicts.--If there is a conflict between this 
     subtitle and the Bridger-Teton National Land and Resource 
     Management Plan, this subtitle shall apply.
       (e) Prior Lease Sales.--Nothing in this section prohibits 
     the Secretary from taking any action necessary to issue, 
     deny, remove the suspension of, or cancel a lease, or any 
     sold lease parcel that has not been issued,

[[Page S9764]]

     pursuant to any lease sale conducted prior to the date of 
     enactment of this Act, including the completion of any 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (f) Exception.--Notwithstanding the withdrawal in 
     subsection (a), the Secretary may lease oil and gas resources 
     in the Wyoming Range Withdrawal Area that are within 1 mile 
     of the boundary of the Wyoming Range Withdrawal Area in 
     accordance with the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.) and subject to the following conditions:
       (1) The lease may only be accessed by directional drilling 
     from a lease held by production on the date of enactment of 
     this Act on National Forest System land that is adjacent to, 
     and outside of, the Wyoming Range Withdrawal Area.
       (2) The lease shall prohibit, without exception or waiver, 
     surface occupancy and surface disturbance for any activities, 
     including activities related to exploration, development, or 
     production.
       (3) The directional drilling may extend no further than 1 
     mile inside the boundary of the Wyoming Range Withdrawal 
     Area.

     SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING 
                   MINING OR LEASING RIGHTS IN THE WYOMING RANGE.

       (a) Notification of Leaseholders.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary shall 
     provide notice to holders of valid existing mining or leasing 
     rights within the Wyoming Range Withdrawal Area of the 
     potential opportunity for repurchase of those rights and 
     retirement under this section.
       (b) Request for Lease Retirement.--
       (1) In general.--A holder of a valid existing mining or 
     leasing right within the Wyoming Range Withdrawal Area may 
     submit a written notice to the Secretary of the interest of 
     the holder in the retirement and repurchase of that right.
       (2) List of interested holders.--The Secretary shall 
     prepare a list of interested holders and make the list 
     available to any non-Federal entity or person interested in 
     acquiring that right for retirement by the Secretary.
       (c) Prohibition.--The Secretary may not use any Federal 
     funds to purchase any right referred to in subsection (a).
       (d) Donation Authority.--The Secretary shall--
       (1) accept the donation of any valid existing mining or 
     leasing right in the Wyoming Range Withdrawal Area from the 
     holder of that right or from any non-Federal entity or person 
     that acquires that right; and
       (2) on acceptance, cancel that right.
       (e) Relationship to Other Authority.--Nothing in this 
     subtitle affects any authority the Secretary may otherwise 
     have to modify, suspend, or terminate a lease without 
     compensation, or to recognize the transfer of a valid 
     existing mining or leasing right, if otherwise authorized by 
     law.

               Subtitle D--Land Conveyances and Exchanges

     SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the city of Coffman 
     Cove, Alaska.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Conveyance.--
       (1) In general.--Subject to valid existing rights, the 
     Secretary shall convey to the City, without consideration and 
     by quitclaim deed all right, title, and interest of the 
     United States, except as provided in paragraphs (3) and (4), 
     in and to the parcel of National Forest System land described 
     in paragraph (2).
       (2) Description of land.--
       (A) In general.--The parcel of National Forest System land 
     referred to in paragraph (1) is the approximately 12 acres of 
     land identified in U.S. Survey 10099, as depicted on the plat 
     entitled ``Subdivision of U.S. Survey No. 10099'' and 
     recorded as Plat 2003-1 on January 21, 2003, Petersburg 
     Recording District, Alaska.
       (B) Excluded land.--The parcel of National Forest System 
     land conveyed under paragraph (1) does not include the 
     portion of U.S. Survey 10099 that is north of the right-of-
     way for Forest Development Road 3030-295 and southeast of 
     Tract CC-8.
       (3) Right-of-way.--The United States may reserve a right-
     of-way to provide access to the National Forest System land 
     excluded from the conveyance to the City under paragraph 
     (2)(B).
       (4) Reversion.--If any portion of the land conveyed under 
     paragraph (1) (other than a portion of land sold under 
     paragraph (5)) ceases to be used for public purposes, the 
     land shall, at the option of the Secretary, revert to the 
     United States.
       (5) Conditions on subsequent conveyances.--If the City 
     sells any portion of the land conveyed to the City under 
     paragraph (1)--
       (A) the amount of consideration for the sale shall reflect 
     fair market value, as determined by an appraisal; and
       (B) the City shall pay to the Secretary an amount equal to 
     the gross proceeds of the sale, which shall be available, 
     without further appropriation, for the Tongass National 
     Forest.

     SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND 
                   CONVEYANCE, MONTANA.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means Jefferson County, 
     Montana.
       (2) Map.--The term ``map'' means the map that is--
       (A) entitled ``Elkhorn Cemetery'';
       (B) dated May 9, 2005; and
       (C) on file in the office of the Beaverhead-Deerlodge 
     National Forest Supervisor.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Conveyance to Jefferson County, Montana.--
       (1) Conveyance.--Not later than 180 days after the date of 
     enactment of this Act and subject to valid existing rights, 
     the Secretary (acting through the Regional Forester, Northern 
     Region, Missoula, Montana) shall convey by quitclaim deed to 
     the County for no consideration, all right, title, and 
     interest of the United States, except as provided in 
     paragraph (5), in and to the parcel of land described in 
     paragraph (2).
       (2) Description of land.--The parcel of land referred to in 
     paragraph (1) is the parcel of approximately 9.67 acres of 
     National Forest System land (including any improvements to 
     the land) in the County that is known as the ``Elkhorn 
     Cemetery'', as generally depicted on the map.
       (3) Use of land.--As a condition of the conveyance under 
     paragraph (1), the County shall--
       (A) use the land described in paragraph (2) as a County 
     cemetery; and
       (B) agree to manage the cemetery with due consideration and 
     protection for the historic and cultural values of the 
     cemetery, under such terms and conditions as are agreed to by 
     the Secretary and the County.
       (4) Easement.--In conveying the land to the County under 
     paragraph (1), the Secretary, in accordance with applicable 
     law, shall grant to the County an easement across certain 
     National Forest System land, as generally depicted on the 
     map, to provide access to the land conveyed under that 
     paragraph.
       (5) Reversion.--In the quitclaim deed to the County, the 
     Secretary shall provide that the land conveyed to the County 
     under paragraph (1) shall revert to the Secretary, at the 
     election of the Secretary, if the land is--
       (A) used for a purpose other than the purposes described in 
     paragraph (3)(A); or
       (B) managed by the County in a manner that is inconsistent 
     with paragraph (3)(B).

     SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL 
                   HISTORICAL PARK LAND EXCHANGE.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 160 acres of Federal land within the Santa Fe 
     National Forest in the State, as depicted on the map.
       (2) Landowner.--The term ``landowner'' means the 1 or more 
     owners of the non-Federal land.
       (3) Map.--The term ``map'' means the map entitled 
     ``Proposed Land Exchange for Pecos National Historical 
     Park'', numbered 430/80,054, dated November 19, 1999, and 
     revised September 18, 2000.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 154 acres of non-Federal land in the Park, 
     as depicted on the map.
       (5) Park.--The term ``Park'' means the Pecos National 
     Historical Park in the State.
       (6) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (7) State.--The term ``State'' means the State of New 
     Mexico.
       (b) Land Exchange.--
       (1) In general.--If the Secretary of the Interior accepts 
     the non-Federal land, title to which is acceptable to the 
     Secretary of the Interior, the Secretary of Agriculture 
     shall, subject to the conditions of this section and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), convey to the landowner the Federal land.
       (2) Easement.--
       (A) In general.--As a condition of the conveyance of the 
     non-Federal land, the landowner may reserve an easement 
     (including an easement for service access) for water 
     pipelines to 2 well sites located in the Park, as generally 
     depicted on the map.
       (B) Route.--The Secretary of the Interior and the landowner 
     shall determine the appropriate route of the easement through 
     the non-Federal land.
       (C) Terms and conditions.--The easement shall include such 
     terms and conditions relating to the use of, and access to, 
     the well sites and pipeline, as the Secretary of the Interior 
     and the landowner determine to be appropriate.
       (D) Applicable law.--The easement shall be established, 
     operated, and maintained in compliance with applicable 
     Federal, State, and local laws.
       (3) Valuation, appraisals, and equalization.--
       (A) In general.--The value of the Federal land and non-
     Federal land--
       (i) shall be equal, as determined by appraisals conducted 
     in accordance with subparagraph (B); or
       (ii) if the value is not equal, shall be equalized in 
     accordance with subparagraph (C).
       (B) Appraisals.--
       (i) In general.--The Federal land and non-Federal land 
     shall be appraised by an independent appraiser selected by 
     the Secretaries.
       (ii) Requirements.--An appraisal conducted under clause (i) 
     shall be conducted in accordance with--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisition; and

[[Page S9765]]

       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (iii) Approval.--The appraisals conducted under this 
     subparagraph shall be submitted to the Secretaries for 
     approval.
       (C) Equalization of values.--
       (i) In general.--If the values of the non-Federal land and 
     the Federal land are not equal, the values may be equalized 
     in accordance with section 206 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716).
       (ii) Cash equalization payments.--Any amounts received by 
     the Secretary of Agriculture as a cash equalization payment 
     under section 206(b) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716(b)) shall--

       (I) be deposited in the fund established by Public Law 90-
     171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); 
     and
       (II) be available for expenditure, without further 
     appropriation, for the acquisition of land and interests in 
     land in the State.

       (4) Costs.--Before the completion of the exchange under 
     this subsection, the Secretaries and the landowner shall 
     enter into an agreement that allocates the costs of the 
     exchange among the Secretaries and the landowner.
       (5) Applicable law.--Except as otherwise provided in this 
     section, the exchange of land and interests in land under 
     this section shall be in accordance with--
       (A) section 206 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1716); and
       (B) other applicable Federal, State, and local laws.
       (6) Additional terms and conditions.--The Secretaries may 
     require, in addition to any requirements under this section, 
     such terms and conditions relating to the exchange of Federal 
     land and non-Federal land and the granting of easements under 
     this section as the Secretaries determine to be appropriate 
     to protect the interests of the United States.
       (7) Completion of the exchange.--
       (A) In general.--The exchange of Federal land and non-
     Federal land shall be completed not later than 180 days after 
     the later of--
       (i) the date on which the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     have been met;
       (ii) the date on which the Secretary of the Interior 
     approves the appraisals under paragraph (3)(B)(iii); or
       (iii) the date on which the Secretaries and the landowner 
     agree on the costs of the exchange and any other terms and 
     conditions of the exchange under this subsection.
       (B) Notice.--The Secretaries shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Resources of the House of Representatives notice 
     of the completion of the exchange of Federal land and non-
     Federal land under this subsection.
       (c) Administration.--
       (1) In general.--The Secretary of the Interior shall 
     administer the non-Federal land acquired under this section 
     in accordance with the laws generally applicable to units of 
     the National Park System, including the Act of August 25, 
     1916 (commonly known as the ``National Park Service Organic 
     Act'') (16 U.S.C. 1 et seq.).
       (2) Maps.--
       (A) In general.--The map shall be on file and available for 
     public inspection in the appropriate offices of the 
     Secretaries.
       (B) Transmittal of revised map to congress.--Not later than 
     180 days after completion of the exchange, the Secretaries 
     shall transmit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Resources of the 
     House of Representatives a revised map that depicts--
       (i) the Federal land and non-Federal land exchanged under 
     this section; and
       (ii) the easement described in subsection (b)(2).

     SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW 
                   MEXICO.

       (a) Definitions.--In this section:
       (1) Claim.--The term ``Claim'' means a claim of the 
     Claimants to any right, title, or interest in any land 
     located in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico 
     Principal Meridian, San Miguel County, New Mexico, except as 
     provided in subsection (b)(1).
       (2) Claimants.--The term ``Claimants'' means Ramona Lawson 
     and Boyd Lawson.
       (3) Federal land.--The term ``Federal land'' means a parcel 
     of National Forest System land in the Santa Fe National 
     Forest, New Mexico, that is--
       (A) comprised of approximately 6.20 acres of land; and
       (B) described and delineated in the survey.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Forest Service Regional 
     Forester, Southwestern Region.
       (5) Survey.--The term ``survey'' means the survey plat 
     entitled ``Boundary Survey and Conservation Easement Plat'', 
     prepared by Chris A. Chavez, Land Surveyor, Forest Service, 
     NMPLS#12793, and recorded on February 27, 2007, at book 55, 
     page 93, of the land records of San Miguel County, New 
     Mexico.
       (b) Santa Fe National Forest Land Conveyance.--
       (1) In general.--The Secretary shall, except as provided in 
     subparagraph (A) and subject to valid existing rights, convey 
     and quitclaim to the Claimants all right, title, and interest 
     of the United States in and to the Federal land in exchange 
     for--
       (A) the grant by the Claimants to the United States of a 
     scenic easement to the Federal land that--
       (i) protects the purposes for which the Federal land was 
     designated under the Wild and Scenic Rivers Act (16 U.S.C. 
     1271 et seq.); and
       (ii) is determined to be acceptable by the Secretary; and
       (B) a release of the United States by the Claimants of--
       (i) the Claim; and
       (ii) any additional related claims of the Claimants against 
     the United States.
       (2) Survey.--The Secretary, with the approval of the 
     Claimants, may make minor corrections to the survey and legal 
     description of the Federal land to correct clerical, 
     typographical, and surveying errors.
       (3) Satisfaction of claim.--The conveyance of Federal land 
     under paragraph (1) shall constitute a full satisfaction of 
     the Claim.

     SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.

       (a) Conveyance Required.--The Secretary of Agriculture 
     shall convey, without consideration, to the King and Kittitas 
     Counties Fire District #51 of King and Kittitas Counties, 
     Washington (in this section referred to as the ``District''), 
     all right, title, and interest of the United States in and to 
     a parcel of National Forest System land in Kittitas County, 
     Washington, consisting of approximately 1.5 acres within the 
     SW\1/4\ of the SE\1/4\ of section 4, township 22 north, range 
     11 east, Willamette meridian, for the purpose of permitting 
     the District to use the parcel as a site for a new Snoqualmie 
     Pass fire and rescue station.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to the property shall revert, at the 
     option of the Secretary, to the United States, and the United 
     States shall have the right of immediate entry onto the 
     property. Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Survey.--If necessary, the exact acreage and legal 
     description of the lands to be conveyed under subsection (a) 
     shall be determined by a survey satisfactory to the 
     Secretary. The cost of a survey shall be borne by the 
     District.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.

       Notwithstanding Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a), the approximately 36.25 acres 
     patented to the Mammoth County Water District (now known as 
     the ``Mammoth Community Water District'') by Patent No. 04-
     87-0038, on June 26, 1987, and recorded in volume 482, at 
     page 516, of the official records of the Recorder's Office, 
     Mono County, California, may be used for any public purpose.

     SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, 
                   UTAH.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the City of Bountiful, 
     Utah.
       (2) Federal land.--The term ``Federal land'' means the land 
     under the jurisdiction of the Secretary identified on the map 
     as ``Shooting Range Special Use Permit Area''.
       (3) Map.--The term ``map'' means the map entitled 
     ``Bountiful City Land Consolidation Act'' and dated October 
     15, 2007.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the 3 parcels of City land comprising a total of 
     approximately 1,680 acres, as generally depicted on the map.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Exchange.--Subject to subsections (d) through (h), if 
     the City conveys to the Secretary all right, title, and 
     interest of the City in and to the non-Federal land, the 
     Secretary shall convey to the City all right, title, and 
     interest of the United States in and to the Federal land.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the Forest Service.
       (d) Valuation and Equalization.--
       (1) Valuation.--The value of the Federal land and the non-
     Federal land to be conveyed under subsection (b)--
       (A) shall be equal, as determined by appraisals carried out 
     in accordance with section 206 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716); or
       (B) if not equal, shall be equalized in accordance with 
     paragraph (2).
       (2) Equalization.--If the value of the Federal land and the 
     non-Federal land to be conveyed in a land exchange under this 
     section is not equal, the value may be equalized by--
       (A) making a cash equalization payment to the Secretary or 
     to the City, as appropriate; or
       (B) reducing the acreage of the Federal land or the non-
     Federal land to be exchanged, as appropriate.
       (e) Applicable Law.--Section 206 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716) shall apply to 
     the land exchange authorized under subsection (b), except 
     that the Secretary may accept a cash equalization payment in 
     excess of 25 percent of the value of the Federal land.

[[Page S9766]]

       (f) Conditions.--
       (1) Liability.--
       (A) In general.--As a condition of the exchange under 
     subsection (b), the Secretary shall--
       (i) require that the City--

       (I) assume all liability for the shooting range located on 
     the Federal land, including the past, present, and future 
     condition of the Federal land; and
       (II) hold the United States harmless for any liability for 
     the condition of the Federal land; and

       (ii) comply with the hazardous substances disclosure 
     requirements of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (B) Limitation.--Clauses (ii) and (iii) of section 
     120(h)(3)(A) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A)) 
     shall not apply to the conveyance of Federal land under 
     subsection (b).
       (2) Additional terms and conditions.--The land exchange 
     under subsection (b) shall be subject to--
       (A) valid existing rights; and
       (B) such additional terms and conditions as the Secretary 
     may require.
       (g) Management of Acquired Land.--The non-Federal land 
     acquired by the Secretary under subsection (b) shall be--
       (1) added to, and administered as part of, the Wasatch-
     Cache National Forest; and
       (2) managed by the Secretary in accordance with--
       (A) the Act of March 1, 1911 (commonly known as the ``Weeks 
     Law'') (16 U.S.C. 480 et seq.); and
       (B) any laws (including regulations) applicable to the 
     National Forest System.
       (h) Easements; Rights-of-Way.--
       (1) Bonneville shoreline trail easement.--In carrying out 
     the land exchange under subsection (b), the Secretary shall 
     ensure that an easement not less than 60 feet in width is 
     reserved for the Bonneville Shoreline Trail.
       (2) Other rights-of-way.--The Secretary and the City may 
     reserve any other rights-of-way for utilities, roads, and 
     trails that--
       (A) are mutually agreed to by the Secretary and the City; 
     and
       (B) the Secretary and the City consider to be in the public 
     interest.
       (i) Disposal of Remaining Federal Land.--
       (1) In general.--The Secretary may, by sale or exchange, 
     dispose of all, or a portion of, the parcel of National 
     Forest System land comprising approximately 220 acres, as 
     generally depicted on the map that remains after the 
     conveyance of the Federal land authorized under subsection 
     (b), if the Secretary determines, in accordance with 
     paragraph (2), that the land or portion of the land is in 
     excess of the needs of the National Forest System.
       (2) Requirements.--A determination under paragraph (1) 
     shall be made--
       (A) pursuant to an amendment of the land and resource 
     management plan for the Wasatch-Cache National Forest; and
       (B) after carrying out a public process consistent with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (3) Consideration.--As consideration for any conveyance of 
     Federal land under paragraph (1), the Secretary shall require 
     payment of an amount equal to not less than the fair market 
     value of the conveyed National Forest System land.
       (4) Relation to other laws.--Any conveyance of Federal land 
     under paragraph (1) by exchange shall be subject to section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (5) Disposition of proceeds.--Any amounts received by the 
     Secretary as consideration under subsection (d) or paragraph 
     (3) shall be--
       (A) deposited in the fund established under Public Law 90-
     171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); 
     and
       (B) available to the Secretary, without further 
     appropriation and until expended, for the acquisition of land 
     or interests in land to be included in the Wasatch-Cache 
     National Forest.
       (6) Additional terms and conditions.--Any conveyance of 
     Federal land under paragraph (1) shall be subject to--
       (A) valid existing rights; and
       (B) such additional terms and conditions as the Secretary 
     may require.

     SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO 
                   RETURN WILDERNESS.

       (a) Purposes.--The purposes of this section are--
       (1) to adjust the boundaries of the wilderness area; and
       (2) to authorize the Secretary to sell the land designated 
     for removal from the wilderness area due to encroachment.
       (b) Definitions.--In this section:
       (1) Land designated for exclusion.--The term ``land 
     designated for exclusion'' means the parcel of land that is--
       (A) comprised of approximately 10.2 acres of land;
       (B) generally depicted on the survey plat entitled 
     ``Proposed Boundary Change FCRONRW Sections 15 (unsurveyed) 
     Township 14 North, Range 13 East, B.M., Custer County, 
     Idaho'' and dated November 14, 2001; and
       (C) more particularly described in the survey plat and 
     legal description on file in--
       (i) the office of the Chief of the Forest Service, 
     Washington, DC; and
       (ii) the office of the Intermountain Regional Forester, 
     Ogden, Utah.
       (2) Land designated for inclusion.--The term ``land 
     designated for inclusion'' means the parcel of National 
     Forest System land that is--
       (A) comprised of approximately 10.2 acres of land;
       (B) located in unsurveyed section 22, T. 14 N., R. 13 E., 
     Boise Meridian, Custer County, Idaho;
       (C) generally depicted on the map entitled ``Challis 
     National Forest, T.14 N., R. 13 E., B.M., Custer County, 
     Idaho, Proposed Boundary Change FCRONRW'' and dated September 
     19, 2007; and
       (D) more particularly described on the map and legal 
     description on file in--
       (i) the office of the Chief of the Forest Service, 
     Washington, DC; and
       (ii) the Intermountain Regional Forester, Ogden, Utah.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) Wilderness area.--The term ``wilderness area'' means 
     the Frank Church River of No Return Wilderness designated by 
     section 3 of the Central Idaho Wilderness Act of 1980 (16 
     U.S.C. 1132 note; 94 Stat. 948).
       (c) Boundary Adjustment.--
       (1) Adjustment to wilderness area.--
       (A) Inclusion.--The wilderness area shall include the land 
     designated for inclusion.
       (B) Exclusion.--The wilderness area shall not include the 
     land designated for exclusion.
       (2) Corrections to legal descriptions.--The Secretary may 
     make corrections to the legal descriptions.
       (d) Conveyance of Land Designated for Exclusion.--
       (1) In general.--Subject to paragraph (2), to resolve the 
     encroachment on the land designated for exclusion, the 
     Secretary may sell for consideration in an amount equal to 
     fair market value--
       (A) the land designated for exclusion; and
       (B) as the Secretary determines to be necessary, not more 
     than 10 acres of land adjacent to the land designated for 
     exclusion.
       (2) Conditions.--The sale of land under paragraph (1) shall 
     be subject to the conditions that--
       (A) the land to be conveyed be appraised in accordance with 
     the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (B) the person buying the land shall pay--
       (i) the costs associated with appraising and, if the land 
     needs to be resurveyed, resurveying the land; and
       (ii) any analyses and closing costs associated with the 
     conveyance;
       (C) for management purposes, the Secretary may reconfigure 
     the description of the land for sale; and
       (D) the owner of the adjacent private land shall have the 
     first opportunity to buy the land.
       (3) Disposition of proceeds.--
       (A) In general.--The Secretary shall deposit the cash 
     proceeds from a sale of land under paragraph (1) in the fund 
     established under Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a).
       (B) Availability and use.--Amounts deposited under 
     subparagraph (A)--
       (i) shall remain available until expended for the 
     acquisition of land for National Forest purposes in the State 
     of Idaho; and
       (ii) shall not be subject to transfer or reprogramming 
     for--

       (I) wildland fire management; or
       (II) any other emergency purposes.

     SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.

       Section 413(b) of the T'uf Shur Bien Preservation Trust 
     Area Act (16 U.S.C. 539m-11) is amended--
       (1) in paragraph (1), by inserting ``3,'' after 
     ``sections''; and
       (2) in the first sentence of paragraph (4), by inserting 
     ``, as a condition of the conveyance,'' before ``remain''.

            Subtitle E--Colorado Northern Front Range Study

     SEC. 3401. PURPOSE.

       The purpose of this subtitle is to identify options that 
     may be available to assist in maintaining the open space 
     characteristics of land that is part of the mountain backdrop 
     of communities in the northern section of the Front Range 
     area of Colorado.

     SEC. 3402. DEFINITIONS.

       In this subtitle:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (2) State.--The term ``State'' means the State of Colorado.
       (3) Study area.--
       (A) In general.--The term ``study area'' means the land in 
     southern Boulder, northern Jefferson, and northern Gilpin 
     Counties, Colorado, that is located west of Colorado State 
     Highway 93, south and east of Colorado State Highway 119, and 
     north of Colorado State Highway 46, as generally depicted on 
     the map entitled ``Colorado Northern Front Range Mountain 
     Backdrop Protection Study Act: Study Area'' and dated August 
     27, 2008.
       (B) Exclusions.--The term ``study area'' does not include 
     land within the city limits of the cities of Arvada, Boulder, 
     or Golden, Colorado.
       (4) Undeveloped land.--The term ``undeveloped land'' means 
     land--
       (A) that is located within the study area;
       (B) that is free or primarily free of structures; and
       (C) the development of which is likely to affect adversely 
     the scenic, wildlife, or recreational value of the study 
     area.

[[Page S9767]]

     SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP 
                   STUDY.

       (a) Study; Report.--Not later than 1 year after the date of 
     enactment of this Act and except as provided in subsection 
     (c), the Secretary shall--
       (1) conduct a study of the land within the study area; and
       (2) complete a report that--
       (A) identifies the present ownership of the land within the 
     study area;
       (B) identifies any undeveloped land that may be at risk of 
     development; and
       (C) describes any actions that could be taken by the United 
     States, the State, a political subdivision of the State, or 
     any other parties to preserve the open and undeveloped 
     character of the land within the study area.
       (b) Requirements.--The Secretary shall conduct the study 
     and develop the report under subsection (a) with the support 
     and participation of 1 or more of the following State and 
     local entities:
       (1) The Colorado Department of Natural Resources.
       (2) Colorado State Forest Service.
       (3) Colorado State Conservation Board.
       (4) Great Outdoors Colorado.
       (5) Boulder, Jefferson, and Gilpin Counties, Colorado.
       (c) Limitation.--If the State and local entities specified 
     in subsection (b) do not support and participate in the 
     conduct of the study and the development of the report under 
     this section, the Secretary may--
       (1) decrease the area covered by the study area, as 
     appropriate; or
       (2)(A) opt not to conduct the study or develop the report; 
     and
       (B) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives notice of the decision not to 
     conduct the study or develop the report.
       (d) Effect.--Nothing in this subtitle authorizes the 
     Secretary to take any action that would affect the use of any 
     land not owned by the United States.

                 TITLE IV--FOREST LANDSCAPE RESTORATION

     SEC. 4001. PURPOSE.

       The purpose of this title is to encourage the 
     collaborative, science-based ecosystem restoration of 
     priority forest landscapes through a process that--
       (1) encourages ecological, economic, and social 
     sustainability;
       (2) leverages local resources with national and private 
     resources;
       (3) facilitates the reduction of wildfire management costs, 
     including through reestablishing natural fire regimes and 
     reducing the risk of uncharacteristic wildfire; and
       (4) demonstrates the degree to which--
       (A) various ecological restoration techniques--
       (i) achieve ecological and watershed health objectives; and
       (ii) affect wildfire activity and management costs; and
       (B) the use of forest restoration byproducts can offset 
     treatment costs while benefitting local rural economies and 
     improving forest health.

     SEC. 4002. DEFINITIONS.

       In this title:
       (1) Fund.--The term ``Fund'' means the Collaborative Forest 
     Landscape Restoration Fund established by section 4003(f).
       (2) Program.--The term ``program'' means the Collaborative 
     Forest Landscape Restoration Program established under 
     section 4003(a).
       (3) Proposal.--The term ``proposal'' means a collaborative 
     forest landscape restoration proposal described in section 
     4003(b).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (5) Strategy.--The term ``strategy'' means a landscape 
     restoration strategy described in section 4003(b)(1).

     SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION 
                   PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of the Interior, shall establish a Collaborative 
     Forest Landscape Restoration Program to select and fund 
     ecological restoration treatments for priority forest 
     landscapes in accordance with--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (2) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (3) any other applicable law.
       (b) Eligibility Criteria.--To be eligible for nomination 
     under subsection (c), a collaborative forest landscape 
     restoration proposal shall--
       (1) be based on a landscape restoration strategy that--
       (A) is complete or substantially complete;
       (B) identifies and prioritizes ecological restoration 
     treatments for a 10-year period within a landscape that is--
       (i) at least 50,000 acres;
       (ii) comprised primarily of forested National Forest System 
     land, but may also include land under the jurisdiction of the 
     Bureau of Land Management, land under the jurisdiction of the 
     Bureau of Indian Affairs, or other Federal, State, tribal, or 
     private land;
       (iii) in need of active ecosystem restoration; and
       (iv) accessible by existing or proposed wood-processing 
     infrastructure at an appropriate scale to use woody biomass 
     and small-diameter wood removed in ecological restoration 
     treatments;
       (C) incorporates the best available science and scientific 
     application tools in ecological restoration strategies;
       (D) fully maintains, or contributes toward the restoration 
     of, the structure and composition of old growth stands 
     according to the pre-fire suppression old growth conditions 
     characteristic of the forest type, taking into account the 
     contribution of the stand to landscape fire adaptation and 
     watershed health and retaining the large trees contributing 
     to old growth structure;
       (E) would carry out any forest restoration treatments that 
     reduce hazardous fuels by--
       (i) focusing on small diameter trees, thinning, strategic 
     fuel breaks, and fire use to modify fire behavior, as 
     measured by the projected reduction of uncharacteristically 
     severe wildfire effects for the forest type (such as adverse 
     soil impacts, tree mortality or other impacts); and
       (ii) maximizing the retention of large trees, as 
     appropriate for the forest type, to the extent that the trees 
     promote fire-resilient stands; and
       (F)(i) does not include the establishment of permanent 
     roads; and
       (ii) would commit funding to decommission all temporary 
     roads constructed to carry out the strategy;
       (2) be developed and implemented through a collaborative 
     process that--
       (A) includes multiple interested persons representing 
     diverse interests; and
       (B)(i) is transparent and nonexclusive; or
       (ii) meets the requirements for a resource advisory 
     committee under subsections (c) through (f) of section 205 of 
     Public Law 106-393 (16 U.S.C. 500 note);
       (3) describe plans to--
       (A) reduce the risk of uncharacteristic wildfire, including 
     through the use of fire for ecological restoration and 
     maintenance and reestablishing natural fire regimes, where 
     appropriate;
       (B) improve fish and wildlife habitat, including for 
     endangered, threatened, and sensitive species;
       (C) maintain or improve water quality and watershed 
     function;
       (D) prevent, remediate, or control invasions of exotic 
     species;
       (E) maintain, decommission, and rehabilitate roads and 
     trails;
       (F) use woody biomass and small-diameter trees produced 
     from projects implementing the strategy;
       (G) report annually on performance, including through 
     performance measures from the plan entitled the ``10 Year 
     Comprehensive Strategy Implementation Plan'' and dated 
     December 2006; and
       (H) take into account any applicable community wildfire 
     protection plan;
       (4) analyze any anticipated cost savings, including those 
     resulting from--
       (A) reduced wildfire management costs; and
       (B) a decrease in the unit costs of implementing ecological 
     restoration treatments over time;
       (5) estimate--
       (A) the annual Federal funding necessary to implement the 
     proposal; and
       (B) the amount of new non-Federal investment for carrying 
     out the proposal that would be leveraged;
       (6) describe the collaborative process through which the 
     proposal was developed, including a description of--
       (A) participation by or consultation with State, local, and 
     Tribal governments; and
       (B) any established record of successful collaborative 
     planning and implementation of ecological restoration 
     projects on National Forest System land and other land 
     included in the proposal by the collaborators; and
       (7) benefit local economies by providing local employment 
     or training opportunities through contracts, grants, or 
     agreements for restoration planning, design, implementation, 
     or monitoring with--
       (A) local private, nonprofit, or cooperative entities;
       (B) Youth Conservation Corps crews or related partnerships, 
     with State, local, and non-profit youth groups;
       (C) existing or proposed small or micro-businesses, 
     clusters, or incubators; or
       (D) other entities that will hire or train local people to 
     complete such contracts, grants, or agreements; and
       (8) be subject to any other requirements that the 
     Secretary, in consultation with the Secretary of the 
     Interior, determines to be necessary for the efficient and 
     effective administration of the program.
       (c) Nomination Process.--
       (1) Submission.--A proposal shall be submitted to--
       (A) the appropriate Regional Forester; and
       (B) if actions under the jurisdiction of the Secretary of 
     the Interior are proposed, the appropriate--
       (i) State Director of the Bureau of Land Management;
       (ii) Regional Director of the Bureau of Indian Affairs; or
       (iii) other official of the Department of the Interior.
       (2) Nomination.--
       (A) In general.--A Regional Forester may nominate for 
     selection by the Secretary any proposals that meet the 
     eligibility criteria established by subsection (b).
       (B) Concurrence.--Any proposal nominated by the Regional 
     Forester that proposes actions under the jurisdiction of the 
     Secretary of the Interior shall include the concurrence of 
     the appropriate--

[[Page S9768]]

       (i) State Director of the Bureau of Land Management;
       (ii) Regional Director of the Bureau of Indian Affairs; or
       (iii) other official of the Department of the Interior.
       (3) Documentation.--With respect to each proposal that is 
     nominated under paragraph (2)--
       (A) the appropriate Regional Forester shall--
       (i) include a plan to use Federal funds allocated to the 
     region to fund those costs of planning and carrying out 
     ecological restoration treatments on National Forest System 
     land, consistent with the strategy, that would not be covered 
     by amounts transferred to the Secretary from the Fund; and
       (ii) provide evidence that amounts proposed to be 
     transferred to the Secretary from the Fund during the first 2 
     fiscal years following selection would be used to carry out 
     ecological restoration treatments consistent with the 
     strategy during the same fiscal year in which the funds are 
     transferred to the Secretary;
       (B) if actions under the jurisdiction of the Secretary of 
     the Interior are proposed, the nomination shall include a 
     plan to fund such actions, consistent with the strategy, by 
     the appropriate--
       (i) State Director of the Bureau of Land Management;
       (ii) Regional Director of the Bureau of Indian Affairs; or
       (iii) other official of the Department of the Interior; and
       (C) if actions on land not under the jurisdiction of the 
     Secretary or the Secretary of the Interior are proposed, the 
     appropriate Regional Forester shall provide evidence that the 
     landowner intends to participate in, and provide appropriate 
     funding to carry out, the actions.
       (d) Selection Process.--
       (1) In general.--After consulting with the advisory panel 
     established under subsection (e), the Secretary, in 
     consultation with the Secretary of the Interior, shall, 
     subject to paragraph (2), select the best proposals that--
       (A) have been nominated under subsection (c)(2); and
       (B) meet the eligibility criteria established by subsection 
     (b).
       (2) Criteria.--In selecting proposals under paragraph (1), 
     the Secretary shall give special consideration to--
       (A) the strength of the proposal and strategy;
       (B) the strength of the ecological case of the proposal and 
     the proposed ecological restoration strategies;
       (C) the strength of the collaborative process and the 
     likelihood of successful collaboration throughout 
     implementation;
       (D) whether the proposal is likely to achieve reductions in 
     long-term wildfire management costs;
       (E) whether the proposal would reduce the relative costs of 
     carrying out ecological restoration treatments as a result of 
     the use of woody biomass and small-diameter trees; and
       (F) whether an appropriate level of non-Federal investment 
     would be leveraged in carrying out the proposal.
       (3) Limitation.--The Secretary may select not more than--
       (A) 10 proposals to be funded during any fiscal year;
       (B) 2 proposals in any 1 region of the National Forest 
     System to be funded during any fiscal year; and
       (C) the number of proposals that the Secretary determines 
     are likely to receive adequate funding.
       (e) Advisory Panel.--
       (1) In general.--The Secretary shall establish and maintain 
     an advisory panel comprised of not more than 15 members to 
     evaluate, and provide recommendations on, each proposal that 
     has been nominated under subsection (c)(2).
       (2) Representation.--The Secretary shall ensure that the 
     membership of the advisory panel is fairly balanced in terms 
     of the points of view represented and the functions to be 
     performed by the advisory panel.
       (3) Inclusion.--The advisory panel shall include experts in 
     ecological restoration, fire ecology, fire management, rural 
     economic development, strategies for ecological adaptation to 
     climate change, fish and wildlife ecology, and woody biomass 
     and small-diameter tree utilization.
       (f) Collaborative Forest Landscape Restoration Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Collaborative 
     Forest Landscape Restoration Fund'', to be used to pay up to 
     50 percent of the cost of carrying out and monitoring 
     ecological restoration treatments on National Forest System 
     land for each proposal selected to be carried out under 
     subsection (d).
       (2) Inclusion.--The cost of carrying out ecological 
     restoration treatments as provided in paragraph (1) may, as 
     the Secretary determines to be appropriate, include 
     cancellation and termination costs required to be obligated 
     for contracts to carry out ecological restoration treatments 
     on National Forest System land for each proposal selected to 
     be carried out under subsection (d).
       (3) Contents.--The Fund shall consist of such amounts as 
     are appropriated to the Fund under paragraph (6).
       (4) Expenditures from fund.--
       (A) In general.--On request by the Secretary, the Secretary 
     of the Treasury shall transfer from the Fund to the Secretary 
     such amounts as the Secretary determines are appropriate, in 
     accordance with paragraph (1).
       (B) Limitation.--The Secretary shall not expend money from 
     the Fund on any 1 proposal--
       (i) during a period of more than 10 fiscal years; or
       (ii) in excess of $4,000,000 in any 1 fiscal year.
       (5) Accounting and reporting system.--The Secretary shall 
     establish an accounting and reporting system for the Fund.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Fund $40,000,000 for each of fiscal 
     years 2009 through 2019, to remain available until expended.
       (g) Program Implementation and Monitoring.--
       (1) Work plan.--Not later than 180 days after the date on 
     which a proposal is selected to be carried out, the Secretary 
     shall create, in collaboration with the interested persons, 
     an implementation work plan and budget to implement the 
     proposal that includes--
       (A) a description of the manner in which the proposal would 
     be implemented to achieve ecological and community economic 
     benefit, including capacity building to accomplish 
     restoration;
       (B) a business plan that addresses--
       (i) the anticipated unit treatment cost reductions over 10 
     years;
       (ii) the anticipated costs for infrastructure needed for 
     the proposal;
       (iii) the projected sustainability of the supply of woody 
     biomass and small-diameter trees removed in ecological 
     restoration treatments; and
       (iv) the projected local economic benefits of the proposal;
       (C) documentation of the non-Federal investment in the 
     priority landscape, including the sources and uses of the 
     investments; and
       (D) a plan to decommission any temporary roads established 
     to carry out the proposal.
       (2) Project implementation.--Amounts transferred to the 
     Secretary from the Fund shall be used to carry out ecological 
     restoration treatments that are--
       (A) consistent with the proposal and strategy; and
       (B) identified through the collaborative process described 
     in subsection (b)(2).
       (3) Annual report.--The Secretary, in collaboration with 
     the Secretary of the Interior and interested persons, shall 
     prepare an annual report on the accomplishments of each 
     selected proposal that includes--
       (A) a description of all acres (or other appropriate unit) 
     treated and restored through projects implementing the 
     strategy;
       (B) an evaluation of progress, including performance 
     measures and how prior year evaluations have contributed to 
     improved project performance;
       (C) a description of community benefits achieved, including 
     any local economic benefits;
       (D) the results of the multiparty monitoring, evaluation, 
     and accountability process under paragraph (4); and
       (E) a summary of the costs of--
       (i) treatments; and
       (ii) relevant fire management activities.
       (4) Multiparty monitoring.--The Secretary shall, in 
     collaboration with the Secretary of the Interior and 
     interested persons, use a multiparty monitoring, evaluation, 
     and accountability process to assess the positive or negative 
     ecological, social, and economic effects of projects 
     implementing a selected proposal for not less than 15 years 
     after project implementation commences.
       (h) Report.--Not later than 5 years after the first fiscal 
     year in which funding is made available to carry out 
     ecological restoration projects under the program, and every 
     5 years thereafter, the Secretary, in consultation with the 
     Secretary of the Interior, shall submit a report on the 
     program, including an assessment of whether, and to what 
     extent, the program is fulfilling the purposes of this title, 
     to--
       (1) the Committee on Energy and Natural Resources of the 
     Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Natural Resources of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     and the Secretary of the Interior such sums as are necessary 
     to carry out this title.

                       TITLE V--RIVERS AND TRAILS

  Subtitle A--Additions to the National Wild and Scenic Rivers System

     SEC. 5001. FOSSIL CREEK, ARIZONA.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as amended by section 1852) is amended by adding at 
     the end the following:
       ``(204) Fossil creek, arizona.--Approximately 16.8 miles of 
     Fossil Creek from the confluence of Sand Rock and Calf Pen 
     Canyons to the confluence with the Verde River, to be 
     administered by the Secretary of Agriculture in the following 
     classes:
       ``(A) The approximately 2.7-mile segment from the 
     confluence of Sand Rock and Calf Pen Canyons to the point 
     where the segment exits the Fossil Spring Wilderness, as a 
     wild river.
       ``(B) The approximately 7.5-mile segment from where the 
     segment exits the Fossil

[[Page S9769]]

     Creek Wilderness to the boundary of the Mazatzal Wilderness, 
     as a recreational river.
       ``(C) The 6.6-mile segment from the boundary of the 
     Mazatzal Wilderness downstream to the confluence with the 
     Verde River, as a wild river.''.

     SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) the headwaters of the Snake River System in northwest 
     Wyoming feature some of the cleanest sources of freshwater, 
     healthiest native trout fisheries, and most intact rivers and 
     streams in the lower 48 States;
       (B) the rivers and streams of the headwaters of the Snake 
     River System--
       (i) provide unparalleled fishing, hunting, boating, and 
     other recreational activities for--

       (I) local residents; and
       (II) millions of visitors from around the world; and

       (ii) are national treasures;
       (C) each year, recreational activities on the rivers and 
     streams of the headwaters of the Snake River System generate 
     millions of dollars for the economies of--
       (i) Teton County, Wyoming; and
       (ii) Lincoln County, Wyoming;
       (D) to ensure that future generations of citizens of the 
     United States enjoy the benefits of the rivers and streams of 
     the headwaters of the Snake River System, Congress should 
     apply the protections provided by the Wild and Scenic Rivers 
     Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and
       (E) the designation of the rivers and streams of the 
     headwaters of the Snake River System under the Wild and 
     Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to 
     the citizens of the United States the importance of 
     maintaining the outstanding and remarkable qualities of the 
     Snake River System while--
       (i) preserving public access to those rivers and streams;
       (ii) respecting private property rights (including existing 
     water rights); and
       (iii) continuing to allow historic uses of the rivers and 
     streams.
       (2) Purposes.--The purposes of this section are--
       (A) to protect for current and future generations of 
     citizens of the United States the outstandingly remarkable 
     scenic, natural, wildlife, fishery, recreational, scientific, 
     historic, and ecological values of the rivers and streams of 
     the headwaters of the Snake River System, while continuing to 
     deliver water and operate and maintain valuable irrigation 
     water infrastructure; and
       (B) to designate approximately 387.7 miles of the rivers 
     and streams of the headwaters of the Snake River System as 
     additions to the National Wild and Scenic Rivers System.
       (b) Definitions.--In this section:
       (1) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture (acting through the Chief 
     of the Forest Service), with respect to each river segment 
     described in paragraph (205) of section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
     (c)) that is not located in--
       (i) Grand Teton National Park;
       (ii) Yellowstone National Park;
       (iii) the John D. Rockefeller, Jr. Memorial Parkway; or
       (iv) the National Elk Refuge; and
       (B) the Secretary of the Interior, with respect to each 
     river segment described in paragraph (205) of section 3(a) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added 
     by subsection (c)) that is located in--
       (i) Grand Teton National Park;
       (ii) Yellowstone National Park;
       (iii) the John D. Rockefeller, Jr. Memorial Parkway; or
       (iv) the National Elk Refuge.
       (2) State.--The term ``State'' means the State of Wyoming.
       (c) Wild and Scenic River Designations, Snake River 
     System.--Section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as amended by section 5001) is amended by 
     adding at the end the following:
       ``(205) Wild and scenic river designations, snake river 
     system.--The following segments of the Snake River System, in 
     the State of Wyoming:
       ``(A) Bailey creek.--The 7-mile segment of Bailey Creek, 
     from the divide with the Little Greys River north to its 
     confluence with the Snake River, as a wild river.
       ``(B) Blackrock creek.--The 22-mile segment from its source 
     to the Bridger-Teton National Forest boundary, as a scenic 
     river.
       ``(C) Buffalo fork of the snake river.--The portions of the 
     Buffalo Fork of the Snake River, consisting of--
       ``(i) the 55-mile segment consisting of the North Fork, the 
     Soda Fork, and the South Fork, upstream from Turpin Meadows, 
     as a wild river;
       ``(ii) the 14-mile segment from Turpin Meadows to the 
     upstream boundary of Grand Teton National Park, as a scenic 
     river; and
       ``(iii) the 7.7-mile segment from the upstream boundary of 
     Grand Teton National Park to its confluence with the Snake 
     River, as a scenic river.
       ``(D) Crystal creek.--The portions of Crystal Creek, 
     consisting of--
       ``(i) the 14-mile segment from its source to the Gros 
     Ventre Wilderness boundary, as a wild river; and
       ``(ii) the 5-mile segment from the Gros Ventre Wilderness 
     boundary to its confluence with the Gros Ventre River, as a 
     scenic river.
       ``(E) Granite creek.--The portions of Granite Creek, 
     consisting of--
       ``(i) the 12-mile segment from its source to the end of 
     Granite Creek Road, as a wild river; and
       ``(ii) the 9.5-mile segment from Granite Hot Springs to the 
     point 1 mile upstream from its confluence with the Hoback 
     River, as a scenic river.
       ``(F) Gros ventre river.--The portions of the Gros Ventre 
     River, consisting of--
       ``(i) the 16.5-mile segment from its source to Darwin 
     Ranch, as a wild river;
       ``(ii) the 39-mile segment from Darwin Ranch to the 
     upstream boundary of Grand Teton National Park, excluding the 
     section along Lower Slide Lake, as a scenic river; and
       ``(iii) the 3.3-mile segment flowing across the southern 
     boundary of Grand Teton National Park to the Highlands Drive 
     Loop Bridge, as a scenic river.
       ``(G) Hoback river.--The 10-mile segment from the point 10 
     miles upstream from its confluence with the Snake River to 
     its confluence with the Snake River, as a recreational river.
       ``(H) Lewis river.--The portions of the Lewis River, 
     consisting of--
       ``(i) the 5-mile segment from Shoshone Lake to Lewis Lake, 
     as a wild river; and
       ``(ii) the 12-mile segment from the outlet of Lewis Lake to 
     its confluence with the Snake River, as a scenic river.
       ``(I) Pacific creek.--The portions of Pacific Creek, 
     consisting of--
       ``(i) the 22.5-mile segment from its source to the Teton 
     Wilderness boundary, as a wild river; and
       ``(ii) the 11-mile segment from the Wilderness boundary to 
     its confluence with the Snake River, as a scenic river.
       ``(J) Shoal creek.--The 8-mile segment from its source to 
     the point 8 miles downstream from its source, as a wild 
     river.
       ``(K) Snake river.--The portions of the Snake River, 
     consisting of--
       ``(i) the 47-mile segment from its source to Jackson Lake, 
     as a wild river;
       ``(ii) the 24.8-mile segment from 1 mile downstream of 
     Jackson Lake Dam to 1 mile downstream of the Teton Park Road 
     bridge at Moose, Wyoming, as a scenic river; and
       ``(iii) the 19-mile segment from the mouth of the Hoback 
     River to the point 1 mile upstream from the Highway 89 bridge 
     at Alpine Junction, as a recreational river, the boundary of 
     the western edge of the corridor for the portion of the 
     segment extending from the point 3.3 miles downstream of the 
     mouth of the Hoback River to the point 4 miles downstream of 
     the mouth of the Hoback River being the ordinary high water 
     mark.
       ``(L) Willow creek.--The 16.2-mile segment from the point 
     16.2 miles upstream from its confluence with the Hoback River 
     to its confluence with the Hoback River, as a wild river.
       ``(M) Wolf creek.--The 7-mile segment from its source to 
     its confluence with the Snake River, as a wild river.''.
       (d) Management.--
       (1) In general.--Each river segment described in paragraph 
     (205) of section 3(a) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) (as added by subsection (c)) shall be managed 
     by the Secretary concerned.
       (2) Management plan.--
       (A) In general.--In accordance with subparagraph (A), not 
     later than 3 years after the date of enactment of this Act, 
     the Secretary concerned shall develop a management plan for 
     each river segment described in paragraph (205) of section 
     3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
     (as added by subsection (c)) that is located in an area under 
     the jurisdiction of the Secretary concerned.
       (B) Required component.--Each management plan developed by 
     the Secretary concerned under subparagraph (A) shall contain, 
     with respect to the river segment that is the subject of the 
     plan, a section that contains an analysis and description of 
     the availability and compatibility of future development with 
     the wild and scenic character of the river segment (with 
     particular emphasis on each river segment that contains 1 or 
     more parcels of private land).
       (3) Quantification of water rights reserved by river 
     segments.--
       (A) The Secretary concerned shall apply for the 
     quantification of the water rights reserved by each river 
     segment designated by this section in accordance with the 
     procedural requirements of the laws of the State of Wyoming.
       (B) For the purpose of the quantification of water rights 
     under this subsection, with respect to each Wild and Scenic 
     River segment designated by this section--
       (i) the purposes for which the segments are designated, as 
     set forth in this section, are declared to be beneficial 
     uses; and
       (ii) the priority date of such right shall be the date of 
     enactment of this Act.
       (4) Stream gauges.--Consistent with the Wild and Scenic 
     Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry 
     out activities at United States Geological Survey stream 
     gauges that are located on the Snake River (including 
     tributaries of the Snake River), including flow measurements 
     and operation, maintenance, and replacement.
       (5) Consent of property owner.--No property or interest in 
     property located within the boundaries of any river segment 
     described in paragraph (205) of section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
     (c)) may be

[[Page S9770]]

     acquired by the Secretary without the consent of the owner of 
     the property or interest in property.
       (6) Effect of designations.--
       (A) In general.--Nothing in this section affects valid 
     existing rights, including--
       (i) all interstate water compacts in existence on the date 
     of enactment of this Act (including full development of any 
     apportionment made in accordance with the compacts);
       (ii) water rights in the States of Idaho and Wyoming; and
       (iii) water rights held by the United States.
       (B) Jackson lake; jackson lake dam.--Nothing in this 
     section shall affect the management and operation of Jackson 
     Lake or Jackson Lake Dam, including the storage, management, 
     and release of water.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) (as amended by section 
     5002(c)) is amended by adding at the end the following:
       ``(206) Taunton river, massachusetts.--The main stem of the 
     Taunton River from its headwaters at the confluence of the 
     Town and Matfield Rivers in the Town of Bridgewater 
     downstream 40 miles to the confluence with the Quequechan 
     River at the Route 195 Bridge in the City of Fall River, to 
     be administered by the Secretary of the Interior in 
     cooperation with the Taunton River Stewardship Council as 
     follows:
       ``(A) The 18-mile segment from the confluence of the Town 
     and Matfield Rivers to Route 24 in the Town of Raynham, as a 
     scenic river.
       ``(B) The 5-mile segment from Route 24 to 0.5 miles below 
     Weir Bridge in the City of Taunton, as a recreational river.
       ``(C) The 8-mile segment from 0.5 miles below Weir Bridge 
     to Muddy Cove in the Town of Dighton, as a scenic river.
       ``(D) The 9-mile segment from Muddy Cove to the confluence 
     with the Quequechan River at the Route 195 Bridge in the City 
     of Fall River, as a recreational river.''.
       (b) Management of Taunton River, Massachusetts.--
       (1) Taunton river stewardship plan.--
       (A) In general.--Each river segment designated by section 
     3(a)(206) of the Wild and Scenic Rivers Act (as added by 
     subsection (a)) shall be managed in accordance with the 
     Taunton River Stewardship Plan, dated July 2005 (including 
     any amendment to the Taunton River Stewardship Plan that the 
     Secretary of the Interior (referred to in this subsection as 
     the ``Secretary'') determines to be consistent with this 
     section).
       (B) Effect.--The Taunton River Stewardship Plan described 
     in subparagraph (A) shall be considered to satisfy each 
     requirement relating to the comprehensive management plan 
     required under section 3(d) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1274(d)).
       (2) Cooperative agreements.--To provide for the long-term 
     protection, preservation, and enhancement of each river 
     segment designated by section 3(a)(206) of the Wild and 
     Scenic Rivers Act (as added by subsection (a)), pursuant to 
     sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter 
     into cooperative agreements (which may include provisions for 
     financial and other assistance) with--
       (A) the Commonwealth of Massachusetts (including political 
     subdivisions of the Commonwealth of Massachusetts);
       (B) the Taunton River Stewardship Council; and
       (C) any appropriate nonprofit organization, as determined 
     by the Secretary.
       (3) Relation to national park system.--Notwithstanding 
     section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(c)), each river segment designated by section 3(a)(206) 
     of the Wild and Scenic Rivers Act (as added by subsection 
     (a)) shall not be--
       (A) administered as a unit of the National Park System; or
       (B) subject to the laws (including regulations) that govern 
     the administration of the National Park System.
       (4) Land management.--
       (A) Zoning ordinances.--The zoning ordinances adopted by 
     the Towns of Bridgewater, Halifax, Middleborough, Raynham, 
     Berkley, Dighton, Freetown, and Somerset, and the Cities of 
     Taunton and Fall River, Massachusetts (including any 
     provision of the zoning ordinances relating to the 
     conservation of floodplains, wetlands, and watercourses 
     associated with any river segment designated by section 
     3(a)(206) of the Wild and Scenic Rivers Act (as added by 
     subsection (a))), shall be considered to satisfy each 
     standard and requirement described in section 6(c) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
       (B) Villages.--For the purpose of section 6(c) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1277(c)), each town 
     described in subparagraph (A) shall be considered to be a 
     village.
       (C) Acquisition of land.--
       (i) Limitation of authority of secretary.--With respect to 
     each river segment designated by section 3(a)(206) of the 
     Wild and Scenic Rivers Act (as added by subsection (a)), the 
     Secretary may only acquire parcels of land--

       (I) by donation; or
       (II) with the consent of the owner of the parcel of land.

       (ii) Prohibition relating to acquisition of land by 
     condemnation.--In accordance with section 6(c) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to 
     each river segment designated by section 3(a)(206) of the 
     Wild and Scenic Rivers Act (as added by subsection (a)), the 
     Secretary may not acquire any parcel of land by condemnation.

               Subtitle B--Wild and Scenic Rivers Studies

     SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.

       (a) Designation for Study.--Section 5(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at 
     the end the following:
       ``(140) Missisquoi and trout rivers, vermont.--The 
     approximately 25-mile segment of the upper Missisquoi from 
     its headwaters in Lowell to the Canadian border in North 
     Troy, the approximately 25-mile segment from the Canadian 
     border in East Richford to Enosburg Falls, and the 
     approximately 20-mile segment of the Trout River from its 
     headwaters to its confluence with the Missisquoi River.''.
       (b) Study and Report.--Section 5(b) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the 
     end the following:
       ``(19) Missisquoi and trout rivers, vermont.--Not later 
     than 3 years after the date on which funds are made available 
     to carry out this paragraph, the Secretary of the Interior 
     shall--
       ``(A) complete the study of the Missisquoi and Trout 
     Rivers, Vermont, described in subsection (a)(140); and
       ``(B) submit a report describing the results of that study 
     to the appropriate committees of Congress.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

          Subtitle C--Additions to the National Trails System

     SEC. 5201. ARIZONA NATIONAL SCENIC 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:
       ``(27) Arizona national scenic trail.--
       ``(A) In general.--The Arizona National Scenic Trail, 
     extending approximately 807 miles across the State of Arizona 
     from the U.S.-Mexico international border to the Arizona-Utah 
     border, as generally depicted on the map entitled `Arizona 
     National Scenic Trail' and dated December 5, 2007, to be 
     administered by the Secretary of Agriculture, in consultation 
     with the Secretary of the Interior and appropriate State, 
     tribal, and local governmental agencies.
       ``(B) Availability of map.--The map shall be on file and 
     available for public inspection in appropriate offices of the 
     Forest Service.''.

     SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.

       (a) Authorization and Administration.--Section 5(a) of the 
     National Trails System Act (16 U.S.C. 1244(a)) (as amended by 
     section 5201) is amended by adding at the end the following:
       ``(28) New england national scenic trail.--The New England 
     National Scenic Trail, a continuous trail extending 
     approximately 220 miles from the border of New Hampshire in 
     the town of Royalston, Massachusetts to Long Island Sound in 
     the town of Guilford, Connecticut, as generally depicted on 
     the map titled `New England National Scenic Trail Proposed 
     Route', numbered T06/80,000, and dated October 2007. The map 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service. The 
     Secretary of the Interior, in consultation with appropriate 
     Federal, State, tribal, regional, and local agencies, and 
     other organizations, shall administer the trail after 
     considering the recommendations of the report titled the 
     `Metacomet Monadnock Mattabesset Trail System National Scenic 
     Trail Feasibility Study and Environmental Assessment', 
     prepared by the National Park Service, and dated Spring 2006. 
     The United States shall not acquire for the trail any land or 
     interest in land without the consent of the owner.''.
       (b) Management.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall consider the 
     actions outlined in the Trail Management Blueprint described 
     in the report titled the ``Metacomet Monadnock Mattabesett 
     Trail System National Scenic Trail Feasibility Study and 
     Environmental Assessment'', prepared by the National Park 
     Service, and dated Spring 2006, as the framework for 
     management and administration of the New England National 
     Scenic Trail. Additional or more detailed plans for 
     administration, management, protection, access, maintenance, 
     or development of the trail may be developed consistent with 
     the Trail Management Blueprint, and as approved by the 
     Secretary.
       (c) Cooperative Agreements.--The Secretary is authorized to 
     enter into cooperative agreements with the Commonwealth of 
     Massachusetts (and its political subdivisions), the State of 
     Connecticut (and its political subdivisions), and other 
     regional, local, and private organizations deemed necessary 
     and desirable to accomplish cooperative trail administrative, 
     management, and protection objectives consistent with the 
     Trail Management Blueprint. An agreement under this 
     subsection may include provisions for limited financial 
     assistance to encourage participation in the planning, 
     acquisition,

[[Page S9771]]

     protection, operation, development, or maintenance of the 
     trail.
       (d) Additional Trail Segments.--Pursuant to section 6 of 
     the National Trails System Act (16 U.S.C. 1245), the 
     Secretary is encouraged to work with the State of New 
     Hampshire and appropriate local and private organizations to 
     include that portion of the Metacomet-Monadnock Trail in New 
     Hampshire (which lies between Royalston, Massachusetts and 
     Jaffrey, New Hampshire) as a component of the New England 
     National Scenic Trail. Inclusion of this segment, as well as 
     other potential side or connecting trails, is contingent upon 
     written application to the Secretary by appropriate State and 
     local jurisdictions and a finding by the Secretary that trail 
     management and administration is consistent with the Trail 
     Management Blueprint.

     SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.

       (a) Findings; Purpose.--
       (1) Findings.--Congress finds that--
       (A) at the end of the last Ice Age, some 12,000 to 17,000 
     years ago, a series of cataclysmic floods occurred in what is 
     now the northwest region of the United States, leaving a 
     lasting mark of dramatic and distinguishing features on the 
     landscape of parts of the States of Montana, Idaho, 
     Washington and Oregon;
       (B) geological features that have exceptional value and 
     quality to illustrate and interpret this extraordinary 
     natural phenomenon are present on Federal, State, tribal, 
     county, municipal, and private land in the region; and
       (C) in 2001, a joint study team headed by the National Park 
     Service that included about 70 members from public and 
     private entities completed a study endorsing the 
     establishment of an Ice Age Floods National Geologic Trail--
       (i) to recognize the national significance of this 
     phenomenon; and
       (ii) to coordinate public and private sector entities in 
     the presentation of the story of the Ice Age floods.
       (2) Purpose.--The purpose of this section is to designate 
     the Ice Age Floods National Geologic Trail in the States of 
     Montana, Idaho, Washington, and Oregon, enabling the public 
     to view, experience, and learn about the features and story 
     of the Ice Age floods through the collaborative efforts of 
     public and private entities.
       (b) Definitions.--In this section:
       (1) Ice age floods; floods.--The term ``Ice Age floods'' or 
     ``floods'' means the cataclysmic floods that occurred in what 
     is now the northwestern United States during the last Ice Age 
     from massive, rapid and recurring drainage of Glacial Lake 
     Missoula.
       (2) Plan.--The term ``plan'' means the cooperative 
     management and interpretation plan authorized under 
     subsection (f)(5).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Trail.--The term ``Trail'' means the Ice Age Floods 
     National Geologic Trail designated by subsection (c).
       (c) Designation.--In order to provide for public 
     appreciation, understanding, and enjoyment of the nationally 
     significant natural and cultural features of the Ice Age 
     floods and to promote collaborative efforts for 
     interpretation and education among public and private 
     entities located along the pathways of the floods, there is 
     designated the Ice Age Floods National Geologic Trail.
       (d) Location.--
       (1) Map.--The route of the Trail shall be as generally 
     depicted on the map entitled ``Ice Age Floods National 
     Geologic Trail,'' numbered P43/80,000 and dated June 2004.
       (2) Route.--The route shall generally follow public roads 
     and highways.
       (3) Revision.--The Secretary may revise the map by 
     publication in the Federal Register of a notice of 
     availability of a new map as part of the plan.
       (e) Map Availability.--The map referred to in subsection 
     (d)(1) shall be on file and available for public inspection 
     in the appropriate offices of the National Park Service.
       (f) Administration.--
       (1) In general.--The Secretary, acting through the Director 
     of the National Park Service, shall administer the Trail in 
     accordance with this section.
       (2) Limitation.--Except as provided in paragraph (6)(B), 
     the Trail shall not be considered to be a unit of the 
     National Park System.
       (3) Trail management office.--To improve management of the 
     Trail and coordinate Trail activities with other public 
     agencies and private entities, the Secretary may establish 
     and operate a trail management office at a central location 
     within the vicinity of the Trail.
       (4) Interpretive facilities.--The Secretary may plan, 
     design, and construct interpretive facilities for sites 
     associated with the Trail if the facilities are constructed 
     in partnership with State, local, tribal, or non-profit 
     entities and are consistent with the plan.
       (5) Management plan.--
       (A) In general.--Not later than 3 years after funds are 
     made available to carry out this section, the Secretary shall 
     prepare a cooperative management and interpretation plan for 
     the Trail.
       (B) Consultation.--The Secretary shall prepare the plan in 
     consultation with--
       (i) State, local, and tribal governments;
       (ii) the Ice Age Floods Institute;
       (iii) private property owners; and
       (iv) other interested parties.
       (C) Contents.--The plan shall--
       (i) confirm and, if appropriate, expand on the inventory of 
     features of the floods contained in the National Park Service 
     study entitled ``Ice Age Floods, Study of Alternatives and 
     Environmental Assessment'' (February 2001) by--

       (I) locating features more accurately;
       (II) improving the description of features; and
       (III) reevaluating the features in terms of their 
     interpretive potential;

       (ii) review and, if appropriate, modify the map of the 
     Trail referred to in subsection (d)(1);
       (iii) describe strategies for the coordinated development 
     of the Trail, including an interpretive plan for facilities, 
     waysides, roadside pullouts, exhibits, media, and programs 
     that present the story of the floods to the public 
     effectively; and
       (iv) identify potential partnering opportunities in the 
     development of interpretive facilities and educational 
     programs to educate the public about the story of the floods.
       (6) Cooperative management.--
       (A) In general.--In order to facilitate the development of 
     coordinated interpretation, education, resource stewardship, 
     visitor facility development and operation, and scientific 
     research associated with the Trail and to promote more 
     efficient administration of the sites associated with the 
     Trail, the Secretary may enter into cooperative management 
     agreements with appropriate officials in the States of 
     Montana, Idaho, Washington, and Oregon in accordance with the 
     authority provided for units of the National Park System 
     under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
       (B) Authority.--For purposes of this paragraph only, the 
     Trail shall be considered a unit of the National Park System.
       (7) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with public or private entities to 
     carry out this section.
       (8) Effect on private property rights.--Nothing in this 
     section--
       (A) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to private property; or
       (B) modifies any provision of Federal, State, or local law 
     with respect to public access to or use of private land.
       (9) Liability.--Designation of the Trail by subsection (c) 
     does not create any liability for, or affect any liability 
     under any law of, any private property owner with respect to 
     any person injured on the private property.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, of which not more than $12,000,000 may be used 
     for development of the Trail.

     SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL 
                   HISTORIC TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) (as amended by section 5202(a)) is amended by adding 
     at the end the following:
       ``(29) Washington-rochambeau revolutionary route national 
     historic trail.--
       ``(A) In general.--The Washington-Rochambeau Revolutionary 
     Route National Historic Trail, a corridor of approximately 
     600 miles following the route taken by the armies of General 
     George Washington and Count Rochambeau between Newport, Rhode 
     Island, and Yorktown, Virginia, in 1781 and 1782, as 
     generally depicted on the map entitled `WASHINGTON-ROCHAMBEAU 
     REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL', numbered T01/
     80,001, and dated June 2007.
       ``(B) Map.--The map referred to in subparagraph (A) shall 
     be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       ``(C) Administration.--The trail shall be administered by 
     the Secretary of the Interior, in consultation with--
       ``(i) other Federal, State, tribal, regional, and local 
     agencies; and
       ``(ii) the private sector.
       ``(D) Land acquisition.--The United States shall not 
     acquire for the trail any land or interest in land outside 
     the exterior boundary of any federally-managed area without 
     the consent of the owner of the land or interest in land.''.

     SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) (as amended by section 5204) is amended by adding at 
     the end the following:
       ``(30) Pacific northwest national scenic trail.--
       ``(A) In general.--The Pacific Northwest National Scenic 
     Trail, a trail of approximately 1,200 miles, extending from 
     the Continental Divide in Glacier National Park, Montana, to 
     the Pacific Ocean Coast in Olympic National Park, Washington, 
     following the route depicted on the map entitled `Pacific 
     Northwest National Scenic Trail: Proposed Trail', numbered 
     T12/80,000, and dated February 2008 (referred to in this 
     paragraph as the `map').
       ``(B) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the Forest Service.
       ``(C) Administration.--The Pacific Northwest National 
     Scenic Trail shall be administered by the Secretary of 
     Agriculture.
       ``(D) Land acquisition.--The United States shall not 
     acquire for the Pacific Northwest National Scenic Trail any 
     land or interest in land outside the exterior boundary of any

[[Page S9772]]

     federally-managed area without the consent of the owner of 
     the land or interest in land.''.

     SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

       Section 5(a)(16) of the National Trails System Act (16 
     U.S.C. 1244(a)(16)) is amended as follows:
       (1) By amending subparagraph (C) to read as follows:
       ``(C) In addition to the areas otherwise designated under 
     this paragraph, the following routes and land components by 
     which the Cherokee Nation was removed to Oklahoma are 
     components of the Trail of Tears National Historic Trail, as 
     generally described in the environmentally preferred 
     alternative of the November 2007 Feasibility Study Amendment 
     and Environmental Assessment for Trail of Tears National 
     Historic Trail:
       ``(i) The Benge and Bell routes.
       ``(ii) The land components of the designated water routes 
     in Alabama, Arkansas, Oklahoma, and Tennessee.
       ``(iii) The routes from the collection forts in Alabama, 
     Georgia, North Carolina, and Tennessee to the emigration 
     depots.
       ``(iv) The related campgrounds located along the routes and 
     land components described in clauses (i) through (iii).''.
       (2) In subparagraph (D)--
       (A) by striking the first sentence; and
       (B) by adding at the end the following: ``No lands or 
     interests in lands outside the exterior boundaries of any 
     federally administered area may be acquired by the Federal 
     Government for the Trail of Tears National Historic Trail 
     except with the consent of the owner thereof.''.

              Subtitle D--National Trail System Amendments

     SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.

       (a) Authority To Acquire Land From Willing Sellers for 
     Certain Trails.--
       (1) Oregon national historic trail.--Section 5(a)(3) of the 
     National Trails System Act (16 U.S.C. 1244(a)(3)) is amended 
     by adding at the end the following: ``No land or interest in 
     land outside the exterior boundaries of any federally 
     administered area may be acquired by the Federal Government 
     for the trail except with the consent of the owner of the 
     land or interest in land. The authority of the Federal 
     Government to acquire fee title under this paragraph shall be 
     limited to an average of not more than \1/4\ mile on either 
     side of the trail.''.
       (2) Mormon pioneer national historic trail.--Section 
     5(a)(4) of the National Trails System Act (16 U.S.C. 
     1244(a)(4)) is amended by adding at the end the following: 
     ``No land or interest in land outside the exterior boundaries 
     of any federally administered area may be acquired by the 
     Federal Government for the trail except with the consent of 
     the owner of the land or interest in land. The authority of 
     the Federal Government to acquire fee title under this 
     paragraph shall be limited to an average of not more than \1/
     4\ mile on either side of the trail.''.
       (3) Continental divide national scenic trail.--Section 
     5(a)(5) of the National Trails System Act (16 U.S.C. 
     1244(a)(5)) is amended by adding at the end the following: 
     ``No land or interest in land outside the exterior boundaries 
     of any federally administered area may be acquired by the 
     Federal Government for the trail except with the consent of 
     the owner of the land or interest in land. The authority of 
     the Federal Government to acquire fee title under this 
     paragraph shall be limited to an average of not more than \1/
     4\ mile on either side of the trail.''.
       (4) Lewis and clark national historic trail.--Section 
     5(a)(6) of the National Trails System Act (16 U.S.C. 
     1244(a)(6)) is amended by adding at the end the following: 
     ``No land or interest in land outside the exterior boundaries 
     of any federally administered area may be acquired by the 
     Federal Government for the trail except with the consent of 
     the owner of the land or interest in land. The authority of 
     the Federal Government to acquire fee title under this 
     paragraph shall be limited to an average of not more than \1/
     4\ mile on either side of the trail.''.
       (5) Iditarod national historic trail.--Section 5(a)(7) of 
     the National Trails System Act (16 U.S.C. 1244(a)(7)) is 
     amended by adding at the end the following: ``No land or 
     interest in land outside the exterior boundaries of any 
     federally administered area may be acquired by the Federal 
     Government for the trail except with the consent of the owner 
     of the land or interest in land. The authority of the Federal 
     Government to acquire fee title under this paragraph shall be 
     limited to an average of not more than \1/4\ mile on either 
     side of the trail.''.
       (6) North country national scenic trail.--Section 5(a)(8) 
     of the National Trails System Act (16 U.S.C. 1244(a)(8)) is 
     amended by adding at the end the following: ``No land or 
     interest in land outside the exterior boundaries of any 
     federally administered area may be acquired by the Federal 
     Government for the trail except with the consent of the owner 
     of the land or interest in land.''.
       (7) Ice age national scenic trail.--Section 5(a)(10) of the 
     National Trails System Act (16 U.S.C. 1244(a)(10)) is amended 
     by adding at the end the following: ``No land or interest in 
     land outside the exterior boundaries of any federally 
     administered area may be acquired by the Federal Government 
     for the trail except with the consent of the owner of the 
     land or interest in land.''.
       (8) Potomac heritage national scenic trail.--Section 
     5(a)(11) of the National Trails System Act (16 U.S.C. 
     1244(a)(11)) is amended--
       (A) by striking the fourth and fifth sentences; and
       (B) by adding at the end the following: ``No land or 
     interest in land outside the exterior boundaries of any 
     federally administered area may be acquired by the Federal 
     Government for the trail except with the consent of the owner 
     of the land or interest in land.''.
       (9) Nez perce national historic trail.--Section 5(a)(14) of 
     the National Trails System Act (16 U.S.C. 1244(a)(14)) is 
     amended--
       (A) by striking the fourth and fifth sentences; and
       (B) by adding at the end the following: ``No land or 
     interest in land outside the exterior boundaries of any 
     federally administered area may be acquired by the Federal 
     Government for the trail except with the consent of the owner 
     of the land or interest in land. The authority of the Federal 
     Government to acquire fee title under this paragraph shall be 
     limited to an average of not more than \1/4\ mile on either 
     side of the trail.''.
       (b) Conforming Amendment.--Section 10 of the National 
     Trails System Act (16 U.S.C. 1249) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--Except as otherwise provided in this 
     Act, there are authorized to be appropriated such sums as are 
     necessary to implement the provisions of this Act relating to 
     the trails designated by section 5(a).
       ``(2) Natchez trace national scenic trail.--
       ``(A) In general.--With respect to the Natchez Trace 
     National Scenic Trail (referred to in this paragraph as the 
     `trail') designated by section 5(a)(12)--
       ``(i) not more than $500,000 shall be appropriated for the 
     acquisition of land or interests in land for the trail; and
       ``(ii) not more than $2,000,000 shall be appropriated for 
     the development of the trail.
       ``(B) Participation by volunteer trail groups.--The 
     administering agency for the trail shall encourage volunteer 
     trail groups to participate in the development of the 
     trail.''.

     SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF 
                   EXISTING NATIONAL HISTORIC TRAILS.

       Section 5 of the National Trails System Act (16 U.S.C. 
     1244) is amended by adding at the end the following:
       ``(g) Revision of Feasibility and Suitability Studies of 
     Existing National Historic Trails.--
       ``(1) Definitions.--In this subsection:
       ``(A) Route.--The term `route' includes a trail segment 
     commonly known as a cutoff.
       ``(B) Shared route.--The term `shared route' means a route 
     that was a segment of more than 1 historic trail, including a 
     route shared with an existing national historic trail.
       ``(2) Requirements for revision.--
       ``(A) In general.--The Secretary of the Interior shall 
     revise the feasibility and suitability studies for certain 
     national trails for consideration of possible additions to 
     the trails.
       ``(B) Study requirements and objectives.--The study 
     requirements and objectives specified in subsection (b) shall 
     apply to a study required by this subsection.
       ``(C) Completion and submission of study.--A study listed 
     in this subsection shall be completed and submitted to 
     Congress not later than 3 complete fiscal years from the date 
     funds are made available for the study.
       ``(3) Oregon national historic trail.--
       ``(A) Study required.--The Secretary of the Interior shall 
     undertake a study of the routes of the Oregon Trail listed in 
     subparagraph (B) and generally depicted on the map entitled 
     `Western Emigrant Trails 1830/1870' and dated 1991/1993, and 
     of such other routes of the Oregon Trail that the Secretary 
     considers appropriate, to determine the feasibility and 
     suitability of designation of 1 or more of the routes as 
     components of the Oregon National Historic Trail.
       ``(B) Covered routes.--The routes to be studied under 
     subparagraph (A) shall include the following:
       ``(i) Whitman Mission route.
       ``(ii) Upper Columbia River.
       ``(iii) Cowlitz River route.
       ``(iv) Meek cutoff.
       ``(v) Free Emigrant Road.
       ``(vi) North Alternate Oregon Trail.
       ``(vii) Goodale's cutoff.
       ``(viii) North Side alternate route.
       ``(ix) Cutoff to Barlow road.
       ``(x) Naches Pass Trail.
       ``(4) Pony express national historic trail.--The Secretary 
     of the Interior shall undertake a study of the approximately 
     20-mile southern alternative route of the Pony Express Trail 
     from Wathena, Kansas, to Troy, Kansas, and such other routes 
     of the Pony Express Trail that the Secretary considers 
     appropriate, to determine the feasibility and suitability of 
     designation of 1 or more of the routes as components of the 
     Pony Express National Historic Trail.
       ``(5) California national historic trail.--
       ``(A) Study required.--The Secretary of the Interior shall 
     undertake a study of the Missouri Valley, central, and 
     western routes of the California Trail listed in subparagraph 
     (B) and generally depicted on the map entitled `Western 
     Emigrant Trails 1830/1870' and dated 1991/1993, and of such 
     other and shared Missouri Valley, central, and western routes 
     that the Secretary considers appropriate, to determine the 
     feasibility and suitability of designation of 1 or more of 
     the routes as components of the California National Historic 
     Trail.

[[Page S9773]]

       ``(B) Covered routes.--The routes to be studied under 
     subparagraph (A) shall include the following:
       ``(i) Missouri valley routes.--

       ``(I) Blue Mills-Independence Road.
       ``(II) Westport Landing Road.
       ``(III) Westport-Lawrence Road.
       ``(IV) Fort Leavenworth-Blue River route.
       ``(V) Road to Amazonia.
       ``(VI) Union Ferry Route.
       ``(VII) Old Wyoming-Nebraska City cutoff.
       ``(VIII) Lower Plattsmouth Route.
       ``(IX) Lower Bellevue Route.
       ``(X) Woodbury cutoff.
       ``(XI) Blue Ridge cutoff.
       ``(XII) Westport Road.
       ``(XIII) Gum Springs-Fort Leavenworth route.
       ``(XIV) Atchison/Independence Creek routes.
       ``(XV) Fort Leavenworth-Kansas River route.
       ``(XVI) Nebraska City cutoff routes.
       ``(XVII) Minersville-Nebraska City Road.
       ``(XVIII) Upper Plattsmouth route.
       ``(XIX) Upper Bellevue route.

       ``(ii) Central routes.--

       ``(I) Cherokee Trail, including splits.
       ``(II) Weber Canyon route of Hastings cutoff.
       ``(III) Bishop Creek cutoff.
       ``(IV) McAuley cutoff.
       ``(V) Diamond Springs cutoff.
       ``(VI) Secret Pass.
       ``(VII) Greenhorn cutoff.
       ``(VIII) Central Overland Trail.

       ``(iii) Western routes.--

       ``(I) Bidwell-Bartleson route.
       ``(II) Georgetown/Dagget Pass Trail.
       ``(III) Big Trees Road.
       ``(IV) Grizzly Flat cutoff.
       ``(V) Nevada City Road.
       ``(VI) Yreka Trail.
       ``(VII) Henness Pass route.
       ``(VIII) Johnson cutoff.
       ``(IX) Luther Pass Trail.
       ``(X) Volcano Road.
       ``(XI) Sacramento-Coloma Wagon Road.
       ``(XII) Burnett cutoff.
       ``(XIII) Placer County Road to Auburn.

       ``(6) Mormon pioneer national historic trail.--
       ``(A) Study required.--The Secretary of the Interior shall 
     undertake a study of the routes of the Mormon Pioneer Trail 
     listed in subparagraph (B) and generally depicted in the map 
     entitled `Western Emigrant Trails 1830/1870' and dated 1991/
     1993, and of such other routes of the Mormon Pioneer Trail 
     that the Secretary considers appropriate, to determine the 
     feasibility and suitability of designation of 1 or more of 
     the routes as components of the Mormon Pioneer National 
     Historic Trail.
       ``(B) Covered routes.--The routes to be studied under 
     subparagraph (A) shall include the following:
       ``(i) 1846 Subsequent routes A and B (Lucas and Clarke 
     Counties, Iowa).
       ``(ii) 1856-57 Handcart route (Iowa City to Council 
     Bluffs).
       ``(iii) Keokuk route (Iowa).
       ``(iv) 1847 Alternative Elkhorn and Loup River Crossings in 
     Nebraska.
       ``(v) Fort Leavenworth Road; Ox Bow route and alternates in 
     Kansas and Missouri (Oregon and California Trail routes used 
     by Mormon emigrants).
       ``(vi) 1850 Golden Pass Road in Utah.
       ``(7) Shared california and oregon trail routes.--
       ``(A) Study required.--The Secretary of the Interior shall 
     undertake a study of the shared routes of the California 
     Trail and Oregon Trail listed in subparagraph (B) and 
     generally depicted on the map entitled `Western Emigrant 
     Trails 1830/1870' and dated 1991/1993, and of such other 
     shared routes that the Secretary considers appropriate, to 
     determine the feasibility and suitability of designation of 1 
     or more of the routes as shared components of the California 
     National Historic Trail and the Oregon National Historic 
     Trail.
       ``(B) Covered routes.--The routes to be studied under 
     subparagraph (A) shall include the following:
       ``(i) St. Joe Road.
       ``(ii) Council Bluffs Road.
       ``(iii) Sublette cutoff.
       ``(iv) Applegate route.
       ``(v) Old Fort Kearny Road (Oxbow Trail).
       ``(vi) Childs cutoff.
       ``(vii) Raft River to Applegate.''.

     SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.

       Section 5(c) of the National Trails System Act (16 U.S.C. 
     1244(c)) is amended by adding at the end the following:
       ``(44) Chisholm trail.--
       ``(A) In general.--The Chisholm Trail (also known as the 
     `Abilene Trail'), from the vicinity of San Antonio, Texas, 
     segments from the vicinity of Cuero, Texas, to Ft. Worth, 
     Texas, Duncan, Oklahoma, alternate segments used through 
     Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita, 
     Kansas, Abilene, Kansas, and commonly used segments running 
     to alternative Kansas destinations.
       ``(B) Requirement.--In conducting the study required under 
     this paragraph, the Secretary of the Interior shall identify 
     the point at which the trail originated south of San Antonio, 
     Texas.
       ``(45) Great western trail.--
       ``(A) In general.--The Great Western Trail (also known as 
     the `Dodge City Trail'), from the vicinity of San Antonio, 
     Texas, north-by-northwest through the vicinities of Kerrville 
     and Menard, Texas, north-by-northeast through the vicinities 
     of Coleman and Albany, Texas, north through the vicinity of 
     Vernon, Texas, to Doan's Crossing, Texas, northward through 
     or near the vicinities of Altus, Lone Wolf, Canute, Vici, and 
     May, Oklahoma, north through Kansas to Dodge City, and north 
     through Nebraska to Ogallala.
       ``(B) Requirement.--In conducting the study required under 
     this paragraph, the Secretary of the Interior shall identify 
     the point at which the trail originated south of San Antonio, 
     Texas.''.

          TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

          Subtitle A--Cooperative Watershed Management Program

     SEC. 6001. DEFINITIONS.

       In this subtitle:
       (1) Affected stakeholder.--The term ``affected 
     stakeholder'' means an entity that significantly affects, or 
     is significantly affected by, the quality or quantity of 
     water in a watershed, as determined by the Secretary.
       (2) Grant recipient.--The term ``grant recipient'' means a 
     watershed group that the Secretary has selected to receive a 
     grant under section 6002(c)(2).
       (3) Program.--The term ``program'' means the Cooperative 
     Watershed Management Program established by the Secretary 
     under section 6002(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Watershed group.--The term ``watershed group'' means a 
     self-sustaining, cooperative watershed-wide group that--
       (A) is comprised of representatives of the affected 
     stakeholders of the relevant watershed;
       (B) incorporates the perspectives of a diverse array of 
     stakeholders, including, to the maximum extent practicable--
       (i) representatives of--

       (I) hydroelectric production;
       (II) livestock grazing;
       (III) timber production;
       (IV) land development;
       (V) recreation or tourism;
       (VI) irrigated agricultural production;
       (VII) the environment;
       (VIII) potable water purveyors and industrial water users; 
     and
       (IX) private property owners within the watershed;

       (ii) any Federal agency that has authority with respect to 
     the watershed;
       (iii) any State agency that has authority with respect to 
     the watershed;
       (iv) any local agency that has authority with respect to 
     the watershed; and
       (v) any Indian tribe that--

       (I) owns land within the watershed; or
       (II) has land in the watershed that is held in trust;

       (C) is a grassroots, nonregulatory entity that addresses 
     water availability and quality issues within the relevant 
     watershed;
       (D) is capable of promoting the sustainable use of the 
     water resources of the relevant watershed and improving the 
     functioning condition of rivers and streams through--
       (i) water conservation;
       (ii) improved water quality;
       (iii) ecological resiliency; and
       (iv) the reduction of water conflicts; and
       (E) makes decisions on a consensus basis, as defined in the 
     bylaws of the watershed group.
       (6) Watershed management project.--The term ``watershed 
     management project'' means any project (including a 
     demonstration project) that--
       (A) enhances water conservation, including alternative 
     water uses;
       (B) improves water quality;
       (C) improves ecological resiliency of a river or stream;
       (D) reduces the potential for water conflicts; or
       (E) advances any other goals associated with water quality 
     or quantity that the Secretary determines to be appropriate.

     SEC. 6002. PROGRAM.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program, to be known as the ``Cooperative Watershed 
     Management Program'', under which the Secretary shall provide 
     grants--
       (1)(A) to form a watershed group; or
       (B) to enlarge a watershed group; and
       (2) to conduct 1 or more projects in accordance with the 
     goals of a watershed group.
       (b) Application.--
       (1) Establishment of application process; criteria.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Secretary shall establish--
       (A) an application process for the program; and
       (B) in consultation with the States, prioritization and 
     eligibility criteria for considering applications submitted 
     in accordance with the application process.
       (c) Distribution of Grant Funds.--
       (1) In general.--In distributing grant funds under this 
     section, the Secretary--
       (A) shall comply with paragraph (2); and
       (B) may give priority to watershed groups that--
       (i) represent maximum diversity of interests; or
       (ii) serve subbasin-sized watersheds with an 8-digit 
     hydrologic unit code, as defined by the United States 
     Geological Survey.
       (2) Funding procedure.--
       (A) First phase.--
       (i) In general.--The Secretary may provide to a grant 
     recipient a first-phase grant in an amount not greater than 
     $100,000 each year for a period of not more than 3 years.

[[Page S9774]]

       (ii) Mandatory use of funds.--A grant recipient that 
     receives a first-phase grant shall use the funds--

       (I) to establish or enlarge a watershed group;
       (II) to develop a mission statement for the watershed 
     group;
       (III) to develop project concepts; and
       (IV) to develop a restoration plan.

       (iii) Annual determination of eligibility.--

       (I) Determination.--For each year of a first-phase grant, 
     not later than 270 days after the date on which a grant 
     recipient first receives grant funds for the year, the 
     Secretary shall determine whether the grant recipient has 
     made sufficient progress during the year to justify 
     additional funding.
       (II) Effect of determination.--If the Secretary determines 
     under subclause (I) that the progress of a grant recipient 
     during the year covered by the determination justifies 
     additional funding, the Secretary shall provide to the grant 
     recipient grant funds for the following year.

       (iv) Advancement conditions.--A grant recipient shall not 
     be eligible to receive a second-phase grant under 
     subparagraph (B) until the date on which the Secretary 
     determines that the watershed group--

       (I) has approved articles of incorporation and bylaws 
     governing the organization; and
       (II)(aa) holds regular meetings;
       (bb) has completed a mission statement; and
       (cc) has developed a restoration plan and project concepts 
     for the watershed.

       (v) Exception.--A watershed group that has not applied for 
     or received first-phase grants may apply for and receive 
     second-phase grants under subparagraph (B) if the Secretary 
     determines that the group has satisfied the requirements of 
     first-phase grants.
       (B) Second phase.--
       (i) In general.--A watershed group may apply for and 
     receive second-phase grants of $1,000,000 each year for a 
     period of not more than 4 years if--

       (I) the watershed group has applied for and received 
     watershed grants under subparagraph (A); or
       (II) the Secretary determines that the watershed group has 
     satisfied the requirements of first-phase grants.

       (ii) Mandatory use of funds.--A grant recipient that 
     receives a second-phase grant shall use the funds to plan and 
     carry out watershed management projects.
       (iii) Annual determination of eligibility.--

       (I) Determination.--For each year of the second-phase 
     grant, not later than 270 days after the date on which a 
     grant recipient first receives grant funds for the year, the 
     Secretary shall determine whether the grant recipient has 
     made sufficient progress during the year to justify 
     additional funding.
       (II) Effect of determination.--If the Secretary determines 
     under subclause (I) that the progress of a grant recipient 
     during the year justifies additional funding, the Secretary 
     shall provide to the grant recipient grant funds for the 
     following year.

       (iv) Advancement condition.--A grant recipient shall not be 
     eligible to receive a third-phase grant under subparagraph 
     (C) until the date on which the Secretary determines that the 
     grant recipient has--

       (I) completed each requirement of the second-phase grant; 
     and
       (II) demonstrated that 1 or more pilot projects of the 
     grant recipient have resulted in demonstrable improvements, 
     as determined by the Secretary, in the functioning condition 
     of at least 1 river or stream in the watershed.

       (C) Third phase.--
       (i) Funding limitation.--

       (I) In general.--Except as provided in subclause (II), the 
     Secretary may provide to a grant recipient a third-phase 
     grant in an amount not greater than $5,000,000 for a period 
     of not more than 5 years.
       (II) Exception.--The Secretary may provide to a grant 
     recipient a third-phase grant in an amount that is greater 
     than the amount described in subclause (I) if the Secretary 
     determines that the grant recipient is capable of using the 
     additional amount to further the purposes of the program in a 
     way that could not otherwise be achieved by the grant 
     recipient using the amount described in subclause (I).

       (ii) Mandatory use of funds.--A grant recipient that 
     receives a third-phase grant shall use the funds to plan and 
     carry out at least 1 watershed management project.
       (3) Authorizing use of funds for administrative and other 
     costs.--A grant recipient that receives a grant under this 
     section may use the funds--
       (A) to pay for--
       (i) administrative and coordination costs, if the costs are 
     not greater than the lesser of--

       (I) 20 percent of the total amount of the grant; or
       (II) $100,000;

       (ii) the salary of not more than 1 full-time employee of 
     the watershed group; and
       (iii) any legal fees arising from the establishment of the 
     relevant watershed group; and
       (B) to fund--
       (i) water quality and quantity studies of the relevant 
     watershed; and
       (ii) the planning, design, and implementation of any 
     projects relating to water quality or quantity.
       (d) Cost Share.--
       (1) Planning.--The Federal share of the cost of an activity 
     provided assistance through a first-phase grant shall be 100 
     percent.
       (2) Projects carried out under second phase.--
       (A) In general.--The Federal share of the cost of any 
     activity of a watershed management project provided 
     assistance through a second-phase grant shall not exceed 50 
     percent of the total cost of the activity.
       (B) Form of non-federal share.--The non-Federal share under 
     subparagraph (A) may be in the form of in-kind contributions.
       (3) Projects carried out under third phase.--
       (A) In general.--The Federal share of the costs of any 
     activity of a watershed group of a grant recipient relating 
     to a watershed management project provided assistance through 
     a third-phase grant shall not exceed 50 percent of the total 
     costs of the watershed management project.
       (B) Form of non-federal share.--The non-Federal share under 
     subparagraph (A) may be in the form of in-kind contributions.
       (e) Annual Reports.--
       (1) In general.--Not later than 1 year after the date on 
     which a grant recipient first receives funds under this 
     section, and annually thereafter, in accordance with 
     paragraph (2), the watershed group shall submit to the 
     Secretary a report that describes the progress of the 
     watershed group.
       (2) Required degree of detail.--The contents of an annual 
     report required under paragraph (1) shall contain sufficient 
     information to enable the Secretary to complete each report 
     required under subsection (f), as determined by the 
     Secretary.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, 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--
       (1) the ways in which the program assists the Secretary--
       (A) in addressing water conflicts;
       (B) in conserving water;
       (C) in improving water quality; and
       (D) in improving the ecological resiliency of a river or 
     stream; and
       (2) benefits that the program provides, including, to the 
     maximum extent practicable, a quantitative analysis of 
     economic, social, and environmental benefits.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $2,000,000 for each of fiscal years 2008 and 2009;
       (2) $5,000,000 for fiscal year 2010;
       (3) $10,000,000 for fiscal year 2011; and
       (4) $20,000,000 for each of fiscal years 2012 through 2020.

     SEC. 6003. EFFECT OF SUBTITLE.

       Nothing in this subtitle affects the applicability of any 
     Federal, State, or local law with respect to any watershed 
     group.

     Subtitle B--Competitive Status for Federal Employees in Alaska

     SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES 
                   IN THE STATE OF ALASKA.

       Section 1308 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3198) is amended by adding at the 
     end the following:
       ``(e) Competitive Status.--
       ``(1) In general.--Nothing in subsection (a) provides that 
     any person hired pursuant to the program established under 
     that subsection is not eligible for competitive status in the 
     same manner as any other employee hired as part of the 
     competitive service.
       ``(2) Redesignation of certain positions.--
       ``(A) Persons serving in original positions.--Not later 
     than 60 days after the date of enactment of this subsection, 
     with respect to any person hired into a permanent position 
     pursuant to the program established under subsection (a) who 
     is serving in that position as of the date of enactment of 
     this subsection, the Secretary shall redesignate that 
     position and the person serving in that position as having 
     been part of the competitive service as of the date that the 
     person was hired into that position.
       ``(B) Persons no longer serving in original positions.--
     With respect to any person who was hired pursuant to the 
     program established under subsection (a) that is no longer 
     serving in that position as of the date of enactment of this 
     subsection--
       ``(i) the person may provide to the Secretary a request for 
     redesignation of the service as part of the competitive 
     service that includes evidence of the employment; and
       ``(ii) not later than 90 days of the submission of a 
     request under clause (i), the Secretary shall redesignate the 
     service of the person as being part of the competitive 
     service.''.

      Subtitle C--Management of the Baca National Wildlife Refuge

     SEC. 6201. BACA NATIONAL WILDLIFE REFUGE.

       Section 6 of the Great Sand Dunes National Park and 
     Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Establishment.--(1) When'' and 
     inserting the following:
       ``(a) Establishment and Purpose.--
       ``(1) Establishment.--
       ``(A) In general.--When'';
       (B) in paragraph (2), by striking ``(2) Such 
     establishment'' and inserting the following:
       ``(B) Effective date.--The establishment of the refuge 
     under subparagraph (A)''; and

[[Page S9775]]

       (C) by adding at the end the following:
       ``(2) Purpose.--The purpose of the Baca National Wildlife 
     Refuge shall be to restore, enhance, and maintain wetland, 
     upland, riparian, and other habitats for native wildlife, 
     plant, and fish species in the San Luis Valley.'';
       (2) in subsection (c)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Requirements.--In administering the Baca National 
     Wildlife Refuge, the Secretary shall, to the maximum extent 
     practicable--
       ``(A) emphasize migratory bird conservation; and
       ``(B) take into consideration the role of the Refuge in 
     broader landscape conservation efforts.''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) subject to any agreement in existence as of the date 
     of enactment of this paragraph, and to the extent consistent 
     with the purposes of the Refuge, use decreed water rights on 
     the Refuge in approximately the same manner that the water 
     rights have been used historically.''.

           Subtitle D--Paleontological Resources Preservation

     SEC. 6301. DEFINITIONS.

       In this subtitle:
       (1) Casual collecting.--The term ``casual collecting'' 
     means the collecting of a reasonable amount of common 
     invertebrate and plant paleontological resources for non-
     commercial personal use, either by surface collection or the 
     use of non-powered hand tools resulting in only negligible 
     disturbance to the Earth's surface and other resources. As 
     used in this paragraph, the terms ``reasonable amount'', 
     ``common invertebrate and plant paleontological resources'' 
     and ``negligible disturbance'' shall be determined by the 
     Secretary.
       (2) Federal land.--The term ``Federal land'' means--
       (A) land controlled or administered by the Secretary of the 
     Interior, except Indian land; or
       (B) National Forest System land controlled or administered 
     by the Secretary of Agriculture.
       (3) Indian land.--The term ``Indian Land'' means land of 
     Indian tribes, or Indian individuals, which are either held 
     in trust by the United States or subject to a restriction 
     against alienation imposed by the United States.
       (4) Paleontological resource.--The term ``paleontological 
     resource'' means any fossilized remains, traces, or imprints 
     of organisms, preserved in or on the earth's crust, that are 
     of paleontological interest and that provide information 
     about the history of life on earth, except that the term does 
     not include--
       (A) any materials associated with an archaeological 
     resource (as defined in section 3(1) of the Archaeological 
     Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
       (B) any cultural item (as defined in section 2 of the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior with respect to land controlled or 
     administered by the Secretary of the Interior or the 
     Secretary of Agriculture with respect to National Forest 
     System land controlled or administered by the Secretary of 
     Agriculture.
       (6) State.--The term ``State'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, and 
     any other territory or possession of the United States.

     SEC. 6302. MANAGEMENT.

       (a) In General.--The Secretary shall manage and protect 
     paleontological resources on Federal land using scientific 
     principles and expertise. The Secretary shall develop 
     appropriate plans for inventory, monitoring, and the 
     scientific and educational use of paleontological resources, 
     in accordance with applicable agency laws, regulations, and 
     policies. These plans shall emphasize interagency 
     coordination and collaborative efforts where possible with 
     non-Federal partners, the scientific community, and the 
     general public.
       (b) Coordination.--To the extent possible, the Secretary of 
     the Interior and the Secretary of Agriculture shall 
     coordinate in the implementation of this subtitle.

     SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.

       The Secretary shall establish a program to increase public 
     awareness about the significance of paleontological 
     resources.

     SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.

       (a) Permit Requirement.--
       (1) In general.--Except as provided in this subtitle, a 
     paleontological resource may not be collected from Federal 
     land without a permit issued under this subtitle by the 
     Secretary.
       (2) Casual collecting exception.--The Secretary may allow 
     casual collecting without a permit on Federal land controlled 
     or administered by the Bureau of Land Management, the Bureau 
     of Reclamation, and the Forest Service, where such collection 
     is consistent with the laws governing the management of those 
     Federal land and this subtitle.
       (3) Previous permit exception.--Nothing in this section 
     shall affect a valid permit issued prior to the date of 
     enactment of this Act.
       (b) Criteria for Issuance of a Permit.--The Secretary may 
     issue a permit for the collection of a paleontological 
     resource pursuant to an application if the Secretary 
     determines that--
       (1) the applicant is qualified to carry out the permitted 
     activity;
       (2) the permitted activity is undertaken for the purpose of 
     furthering paleontological knowledge or for public education;
       (3) the permitted activity is consistent with any 
     management plan applicable to the Federal land concerned; and
       (4) the proposed methods of collecting will not threaten 
     significant natural or cultural resources.
       (c) Permit Specifications.--A permit for the collection of 
     a paleontological resource issued under this section shall 
     contain such terms and conditions as the Secretary deems 
     necessary to carry out the purposes of this subtitle. Every 
     permit shall include requirements that--
       (1) the paleontological resource that is collected from 
     Federal land under the permit will remain the property of the 
     United States;
       (2) the paleontological resource and copies of associated 
     records will be preserved for the public in an approved 
     repository, to be made available for scientific research and 
     public education; and
       (3) specific locality data will not be released by the 
     permittee or repository without the written permission of the 
     Secretary.
       (d) Modification, Suspension, and Revocation of Permits.--
       (1) The Secretary may modify, suspend, or revoke a permit 
     issued under this section--
       (A) for resource, safety, or other management 
     considerations; or
       (B) when there is a violation of term or condition of a 
     permit issued pursuant to this section.
       (2) The permit shall be revoked if any person working under 
     the authority of the permit is convicted under section 6306 
     or is assessed a civil penalty under section 6307.
       (e) Area Closures.--In order to protect paleontological or 
     other resources or to provide for public safety, the 
     Secretary may restrict access to or close areas under the 
     Secretary's jurisdiction to the collection of paleontological 
     resources.

     SEC. 6305. CURATION OF RESOURCES.

       Any paleontological resource, and any data and records 
     associated with the resource, collected under a permit, shall 
     be deposited in an approved repository. The Secretary may 
     enter into agreements with non-Federal repositories regarding 
     the curation of these resources, data, and records.

     SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.

       (a) In General.--A person may not--
       (1) excavate, remove, damage, or otherwise alter or deface 
     or attempt to excavate, remove, damage, or otherwise alter or 
     deface any paleontological resources located on Federal land 
     unless such activity is conducted in accordance with this 
     subtitle;
       (2) exchange, transport, export, receive, or offer to 
     exchange, transport, export, or receive any paleontological 
     resource if the person knew or should have known such 
     resource to have been excavated or removed from Federal land 
     in violation of any provisions, rule, regulation, law, 
     ordinance, or permit in effect under Federal law, including 
     this subtitle; or
       (3) sell or purchase or offer to sell or purchase any 
     paleontological resource if the person knew or should have 
     known such resource to have been excavated, removed, sold, 
     purchased, exchanged, transported, or received from Federal 
     land.
       (b) False Labeling Offenses.--A person may not make or 
     submit any false record, account, or label for, or any false 
     identification of, any paleontological resource excavated or 
     removed from Federal land.
       (c) Penalties.--A person who knowingly violates or 
     counsels, procures, solicits, or employs another person to 
     violate subsection (a) or (b) shall, upon conviction, be 
     fined in accordance with title 18, United States Code, or 
     imprisoned not more than 2 years, or both; but if the sum of 
     the commercial and paleontological value of the 
     paleontological resources involved and the cost of 
     restoration and repair of such resources does not exceed 
     $500, such person shall be fined in accordance with title 18, 
     United States Code, or imprisoned not more than 5 years, or 
     both.
       (d) Multiple Offenses.--In the case of a second or 
     subsequent violation by the same person, the amount of the 
     penalty assessed under subsection (c) may be doubled.
       (e) General Exception.--Nothing in subsection (a) shall 
     apply to any person with respect to any paleontological 
     resource which was in the lawful possession of such person 
     prior to the date of enactment of this Act.

     SEC. 6307. CIVIL PENALTIES.

       (a) In General.--
       (1) Hearing.--A person who violates any prohibition 
     contained in an applicable regulation or permit issued under 
     this subtitle may be assessed a penalty by the Secretary 
     after the person is given notice and opportunity for a 
     hearing with respect to the violation. Each violation shall 
     be considered a separate offense for purposes of this 
     section.
       (2) Amount of penalty.--The amount of such penalty assessed 
     under paragraph (1) shall be determined under regulations 
     promulgated pursuant to this subtitle, taking into account 
     the following factors:

[[Page S9776]]

       (A) The scientific or fair market value, whichever is 
     greater, of the paleontological resource involved, as 
     determined by the Secretary.
       (B) The cost of response, restoration, and repair of the 
     resource and the paleontological site involved.
       (C) Any other factors considered relevant by the Secretary 
     assessing the penalty.
       (3) Multiple offenses.--In the case of a second or 
     subsequent violation by the same person, the amount of a 
     penalty assessed under paragraph (2) may be doubled.
       (4) Limitation.--The amount of any penalty assessed under 
     this subsection for any 1 violation shall not exceed an 
     amount equal to double the cost of response, restoration, and 
     repair of resources and paleontological site damage plus 
     double the scientific or fair market value of resources 
     destroyed or not recovered.
       (b) Petition for Judicial Review; Collection of Unpaid 
     Assessments.--
       (1) Judicial review.--Any person against whom an order is 
     issued assessing a penalty under subsection (a) may file a 
     petition for judicial review of the order in the United 
     States District Court for the District of Columbia or in the 
     district in which the violation is alleged to have occurred 
     within the 30-day period beginning on the date the order 
     making the assessment was issued. Upon notice of such filing, 
     the Secretary shall promptly file such a certified copy of 
     the record on which the order was issued. The court shall 
     hear the action on the record made before the Secretary and 
     shall sustain the action if it is supported by substantial 
     evidence on the record considered as a whole.
       (2) Failure to pay.--If any person fails to pay a penalty 
     under this section within 30 days--
       (A) after the order making assessment has become final and 
     the person has not filed a petition for judicial review of 
     the order in accordance with paragraph (1); or
       (B) after a court in an action brought in paragraph (1) has 
     entered a final judgment upholding the assessment of the 
     penalty, the Secretary may request the Attorney General to 
     institute a civil action in a district court of the United 
     States for any district in which the person if found, 
     resides, or transacts business, to collect the penalty (plus 
     interest at currently prevailing rates from the date of the 
     final order or the date of the final judgment, as the case 
     may be). The district court shall have jurisdiction to hear 
     and decide any such action. In such action, the validity, 
     amount, and appropriateness of such penalty shall not be 
     subject to review. Any person who fails to pay on a timely 
     basis the amount of an assessment of a civil penalty as 
     described in the first sentence of this paragraph shall be 
     required to pay, in addition to such amount and interest, 
     attorneys fees and costs for collection proceedings.
       (c) Hearings.--Hearings held during proceedings instituted 
     under subsection (a) shall be conducted in accordance with 
     section 554 of title 5, United States Code.
       (d) Use of Recovered Amounts.--Penalties collected under 
     this section shall be available to the Secretary and without 
     further appropriation may be used only as follows:
       (1) To protect, restore, or repair the paleontological 
     resources and sites which were the subject of the action, or 
     to acquire sites with equivalent resources, and to protect, 
     monitor, and study the resources and sites. Any acquisition 
     shall be subject to any limitations contained in the organic 
     legislation for such Federal land.
       (2) To provide educational materials to the public about 
     paleontological resources and sites.
       (3) To provide for the payment of rewards as provided in 
     section 6308.

     SEC. 6308. REWARDS AND FORFEITURE.

       (a) Rewards.--The Secretary may pay from penalties 
     collected under section 6306 or 6307 or from appropriated 
     funds--
       (1) consistent with amounts established in regulations by 
     the Secretary; or
       (2) if no such regulation exists, an amount up to \1/2\ of 
     the penalties, to any person who furnishes information which 
     leads to the finding of a civil violation, or the conviction 
     of criminal violation, with respect to which the penalty was 
     paid. If several persons provided the information, the amount 
     shall be divided among the persons. No officer or employee of 
     the United States or of any State or local government who 
     furnishes information or renders service in the performance 
     of his official duties shall be eligible for payment under 
     this subsection.
       (b) Forfeiture.--All paleontological resources with respect 
     to which a violation under section 6306 or 6307 occurred and 
     which are in the possession of any person, and all vehicles 
     and equipment of any person that were used in connection with 
     the violation, shall be subject to civil forfeiture, or upon 
     conviction, to criminal forfeiture. All provisions of law 
     relating to the seizure, forfeiture, and condemnation of 
     property for a violation of this subtitle, the disposition of 
     such property or the proceeds from the sale thereof, and 
     remission or mitigation of such forfeiture, as well as the 
     procedural provisions of chapter 46 of title 18, United 
     States Code, shall apply to the seizures and forfeitures 
     incurred or alleged to have incurred under the provisions of 
     this subtitle.
       (c) Transfer of Seized Resources.--The Secretary may 
     transfer administration of seized paleontological resources 
     to Federal or non-Federal educational institutions to be used 
     for scientific or educational purposes.

     SEC. 6309. CONFIDENTIALITY.

       Information concerning the nature and specific location of 
     a paleontological resource shall be exempt from disclosure 
     under section 552 of title 5, United States Code, and any 
     other law unless the Secretary determines that disclosure 
     would--
       (1) further the purposes of this subtitle;
       (2) not create risk of harm to or theft or destruction of 
     the resource or the site containing the resource; and
       (3) be in accordance with other applicable laws.

     SEC. 6310. REGULATIONS.

       As soon as practical after the date of enactment of this 
     Act, the Secretary shall issue such regulations as are 
     appropriate to carry out this subtitle, providing 
     opportunities for public notice and comment.

     SEC. 6311. SAVINGS PROVISIONS.

       Nothing in this subtitle shall be construed to--
       (1) invalidate, modify, or impose any additional 
     restrictions or permitting requirements on any activities 
     permitted at any time under the general mining laws, the 
     mineral or geothermal leasing laws, laws providing for 
     minerals materials disposal, or laws providing for the 
     management or regulation of the activities authorized by the 
     aforementioned laws including but not limited to the Federal 
     Land Policy Management Act (43 U.S.C. 1701-1784), Public Law 
     94-429 (commonly known as the ``Mining in the Parks Act'') 
     (16 U.S.C. 1901 et seq.), the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the 
     Organic Administration Act (16 U.S.C. 478, 482, 551);
       (2) invalidate, modify, or impose any additional 
     restrictions or permitting requirements on any activities 
     permitted at any time under existing laws and authorities 
     relating to reclamation and multiple uses of Federal land;
       (3) apply to, or require a permit for, casual collecting of 
     a rock, mineral, or invertebrate or plant fossil that is not 
     protected under this subtitle;
       (4) affect any land other than Federal land or affect the 
     lawful recovery, collection, or sale of paleontological 
     resources from land other than Federal land;
       (5) alter or diminish the authority of a Federal agency 
     under any other law to provide protection for paleontological 
     resources on Federal land in addition to the protection 
     provided under this subtitle; or
       (6) create any right, privilege, benefit, or entitlement 
     for any person who is not an officer or employee of the 
     United States acting in that capacity. No person who is not 
     an officer or employee of the United States acting in that 
     capacity shall have standing to file any civil action in a 
     court of the United States to enforce any provision or 
     amendment made by this subtitle.

     SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.

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

       Subtitle E--Izembek National Wildlife Refuge Land Exchange

     SEC. 6401. DEFINITIONS.

       In this subtitle:
       (1) Corporation.--The term ``Corporation'' means the King 
     Cove Corporation.
       (2) Federal land.--The term ``Federal land'' means--
       (A) the approximately 206 acres of Federal land located 
     within the Refuge, as generally depicted on the map; and
       (B) the approximately 1,600 acres of Federal land located 
     on Sitkinak Island, as generally depicted on the map.
       (3) Map.--The term ``map'' means each of--
       (A) the map entitled ``Izembek and Alaska Peninsula 
     National Wildlife Refuges'' and dated September 2, 2008; and
       (B) the map entitled ``Sitkinak Island-Alaska Maritime 
     National Wildlife Refuge'' and dated September 2, 2008.
       (4) Non-federal land.--The term ``non-Federal land'' 
     means--
       (A) the approximately 43,093 acres of land owned by the 
     State, as generally depicted on the map; and
       (B) the approximately 13,300 acres of land owned by the 
     Corporation (including approximately 5,430 acres of land for 
     which the Corporation shall relinquish the selection rights 
     of the Corporation under the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.) as part of the land exchange 
     under section 6402(a)), as generally depicted on the map.
       (5) Refuge.--The term ``Refuge'' means the Izembek National 
     Wildlife Refuge.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of Alaska.
       (8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of 
     King Cove, Alaska.

     SEC. 6402. LAND EXCHANGE.

       (a) In General.--Upon receipt of notification by the State 
     and the Corporation of the intention of the State and the 
     Corporation to exchange the non-Federal land for the Federal 
     land, subject to the conditions and requirements described in 
     this subtitle, the Secretary may convey to the State all 
     right, title, and interest of the United States in and to the 
     Federal land. The Federal land within the Refuge shall be 
     transferred for the purpose of constructing a single-lane 
     gravel road between the communities of King Cove and Cold 
     Bay, Alaska.
       (b) Compliance With National Environmental Policy Act of 
     1969 and Other Applicable Laws.--

[[Page S9777]]

       (1) In general.--In determining whether to carry out the 
     land exchange under subsection (a), the Secretary shall--
       (A) comply with the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); and
       (B) except as provided in subsection (c), comply with any 
     other applicable law (including regulations).
       (2) Environmental impact statement.--
       (A) In general.--Not later than 60 days after the date on 
     which the Secretary receives notification under subsection 
     (a), the Secretary shall initiate the preparation of an 
     environmental impact statement required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (B) Requirements.--The environmental impact statement 
     prepared under subparagraph (A) shall contain--
       (i) an analysis of--

       (I) the proposed land exchange; and
       (II) the potential construction and operation of a road 
     between the communities of King Cove and Cold Bay, Alaska; 
     and

       (ii) an evaluation of a specific road corridor through the 
     Refuge that is identified in consultation with the State, the 
     City of King Cove, Alaska, and the Tribe.
       (3) Cooperating agencies.--
       (A) In general.--During the preparation of the 
     environmental impact statement under paragraph (2), each 
     entity described in subparagraph (B) may participate as a 
     cooperating agency.
       (B) Authorized entities.--An authorized entity may 
     include--
       (i) any Federal agency that has permitting jurisdiction 
     over the road described in paragraph (2)(B)(i)(II);
       (ii) the State;
       (iii) the Aleutians East Borough of the State;
       (iv) the City of King Cove, Alaska;
       (v) the Tribe; and
       (vi) the Alaska Migratory Bird Co-Management Council.
       (c) Valuation.--The conveyance of the Federal land and non-
     Federal land under this section shall not be subject to any 
     requirement under any Federal law (including regulations) 
     relating to the valuation, appraisal, or equalization of 
     land.
       (d) Public Interest Determination.--
       (1) Conditions for land exchange.--Subject to paragraph 
     (2), to carry out the land exchange under subsection (a), the 
     Secretary shall determine that the land exchange (including 
     the construction of a road between the City of King Cove, 
     Alaska, and the Cold Bay Airport) is in the public interest.
       (2) Limitation of authority of secretary.--The Secretary 
     may not, as a condition for a finding that the land exchange 
     is in the public interest--
       (A) require the State or the Corporation to convey 
     additional land to the United States; or
       (B) impose any restriction on the subsistence uses (as 
     defined in section 803 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3113)) of waterfowl by rural 
     residents of the State.
       (e) Kinzaroff Lagoon.--The land exchange under subsection 
     (a) shall not be carried out before the date on which the 
     parcel of land owned by the State that is located in the 
     Kinzaroff Lagoon has been designated by the State as a State 
     refuge, in accordance with the applicable laws (including 
     regulations) of the State.
       (f) Designation of Road Corridor.--In designating the road 
     corridor described in subsection (b)(2)(B)(ii), the Secretary 
     shall--
       (1) minimize the adverse impact of the road corridor on the 
     Refuge;
       (2) transfer the minimum acreage of Federal land that is 
     required for the construction of the road corridor; and
       (3) to the maximum extent practicable, incorporate into the 
     road corridor roads that are in existence as of the date of 
     enactment of this Act.
       (g) Additional Terms and Conditions.--The land exchange 
     under subsection (a) shall be subject to any other term or 
     condition that the Secretary determines to be necessary.

     SEC. 6403. KING COVE ROAD.

       (a) Requirements Relating to Use, Barrier Cables, and 
     Dimensions.--
       (1) Limitations on use.--
       (A) In general.--Except as provided in subparagraph (B), 
     any portion of the road constructed on the Federal land 
     conveyed pursuant to this subtitle shall be used only for 
     noncommercial purposes.
       (B) Exceptions.--Notwithstanding subparagraph (A), the use 
     of taxis, commercial vans for public transportation, and 
     shared rides (other than organized transportation of 
     employees to a business or other commercial facility) shall 
     be allowed on the road described in subparagraph (A).
       (C) Requirement of agreement.--The limitations of the use 
     of the road described in this paragraph shall be enforced in 
     accordance with an agreement entered into between the 
     Secretary and the State.
       (2) Requirement of barrier cable.--The road described in 
     paragraph (1)(A) shall be constructed to include a cable 
     barrier on each side of the road, as described in the record 
     of decision entitled ``Mitigation Measure MM-11, King Cove 
     Access Project Final Environmental Impact Statement Record of 
     Decision'' and dated January 22, 2004.
       (3) Required dimensions.--The road described in paragraph 
     (1)(A) shall--
       (A) have a width of not greater than a single lane, in 
     accordance with the applicable road standards of the State;
       (B) be constructed with gravel; and
       (C) if determined to be necessary, be constructed to 
     include appropriate safety pullouts.
       (b) Support Facilities.--Support facilities for the road 
     described in subsection (a)(1)(A) shall not be located within 
     the Refuge.
       (c) Federal Permits.--It is the intent of Congress that any 
     Federal permit required for construction of the road be 
     issued or denied not later than 1 year after the date of 
     application for the permit.
       (d) Applicable Law.--Nothing in this section amends, or 
     modifies the application of, section 1110 of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3170).
       (e) Mitigation Plan.--
       (1) In general.--Based on the evaluation of impacts 
     determined through the completion of the environmental impact 
     statement under section 6402(b)(2), the Secretary, in 
     consultation with the entities described in section 
     6402(b)(3)(B), shall develop an enforceable mitigation plan.
       (2) Corrective modifications.--The Secretary may make 
     corrective modifications to the mitigation plan developed 
     under paragraph (1) if--
       (A) the mitigation standards required under the mitigation 
     plan are maintained; and
       (B) the Secretary provides an opportunity for public 
     comment with respect to any proposed corrective modification.

     SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.

       (1) Federal land.--Upon completion of the land exchange 
     under section 6402(a)--
       (A) the boundary of the land designated as wilderness 
     within the Refuge shall be modified to exclude the Federal 
     land conveyed to the State under the land exchange; and
       (B) the Federal land located on Sitkinak Island that is 
     withdrawn for use by the Coast Guard shall, at the request of 
     the State, be transferred by the Secretary to the State upon 
     the relinquishment or termination of the withdrawal.
       (2) Non-federal land.--Upon completion of the land exchange 
     under section 6402(a), the non-Federal land conveyed to the 
     United States under this subtitle shall be--
       (A) added to the Refuge or the Alaska Peninsula National 
     Wildlife Refuge, as appropriate, as generally depicted on the 
     map; and
       (B) administered in accordance with the laws generally 
     applicable to units of the National Wildlife Refuge System.
       (3) Wilderness additions.--
       (A) In general.--Upon completion of the land exchange under 
     section 6402(a), approximately 43,093 acres of land as 
     generally depicted on the map shall be added to--
       (i) the Izembek National Wildlife Refuge Wilderness; or
       (ii) the Alaska Peninsula National Wildlife Refuge 
     Wilderness.
       (B) Administration.--The land added as wilderness under 
     subparagraph (A) shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
     and other applicable laws (including regulations).

     SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.

       (a) Notification to Void Land Exchange.--If the Secretary, 
     the State, and the Corporation enter into the land exchange 
     authorized under section 6402(a), the State or the 
     Corporation may notify the Secretary in writing of the 
     intention of the State or Corporation to void the exchange if 
     construction of the road through the Refuge has not begun.
       (b) Disposition of Land Exchange.--Upon the latter of the 
     date on which the Secretary receives a request under 
     subsection (a), and the date on which the Secretary 
     determines that the Federal land conveyed under the land 
     exchange under section 6402(a) has not been adversely 
     impacted (other than any nominal impact associated with the 
     preparation of an environmental impact statement under 
     section 6402(b)(2)), the land exchange shall be null and 
     void.
       (c) Return of Prior Ownership Status of Federal and Non-
     Federal Land.--If the land exchange is voided under 
     subsection (b)--
       (1) the Federal land and non-Federal land shall be returned 
     to the respective ownership status of each land prior to the 
     land exchange;
       (2) the parcel of the Federal land that is located in the 
     Refuge shall be managed as part of the Izembek National 
     Wildlife Refuge Wilderness; and
       (3) each selection of the Corporation under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that 
     was relinquished under this subtitle shall be reinstated.

         Subtitle F--Wolf Livestock Loss Demonstration Project

     SEC. 6501. DEFINITIONS.

       In this subtitle:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (2) Livestock.--The term ``livestock'' means cattle, swine, 
     horses, mules, sheep, goats, livestock guard animals, and 
     other domestic animals, as determined by the Secretary.
       (3) Program.--The term ``program'' means the demonstration 
     program established under section 6502(a).
       (4) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.

[[Page S9778]]

     SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM.

       (a) In General.--The Secretaries shall establish a 5-year 
     demonstration program to provide grants to States and Indian 
     tribes--
       (1) to assist livestock producers in undertaking proactive, 
     non-lethal activities to reduce the risk of livestock loss 
     due to predation by wolves; and
       (2) to compensate livestock producers for livestock losses 
     due to such predation.
       (b) Criteria and Requirements.--The Secretaries shall--
       (1) establish criteria and requirements to implement the 
     program; and
       (2) when promulgating regulations to implement the program 
     under paragraph (1), consult with States that have 
     implemented State programs that provide assistance to--
       (A) livestock producers to undertake proactive activities 
     to reduce the risk of livestock loss due to predation by 
     wolves; or
       (B) provide compensation to livestock producers for 
     livestock losses due to such predation.
       (c) Eligibility.--To be eligible to receive a grant under 
     subsection (a), a State or Indian tribe shall--
       (1) designate an appropriate agency of the State or Indian 
     tribe to administer the 1 or more programs funded by the 
     grant;
       (2) establish 1 or more accounts to receive grant funds;
       (3) maintain files of all claims received under programs 
     funded by the grant, including supporting documentation;
       (4) submit to the Secretary--
       (A) annual reports that include--
       (i) a summary of claims and expenditures under the program 
     during the year; and
       (ii) a description of any action taken on the claims; and
       (B) such other reports as the Secretary may require to 
     assist the Secretary in determining the effectiveness of 
     activities provided assistance under this section; and
       (5) promulgate rules for reimbursing livestock producers 
     under the program.
       (d) Allocation of Funding.--The Secretaries shall allocate 
     funding made available to carry out this subtitle--
       (1) equally between the uses identified in paragraphs (1) 
     and (2) of subsection (a); and
       (2) among States and Indian tribes based on--
       (A) the level of livestock predation in the State or on the 
     land owned by, or held in trust for the benefit of, the 
     Indian tribe;
       (B) whether the State or Indian tribe is located in a 
     geographical area that is at high risk for livestock 
     predation; or
       (C) any other factors that the Secretaries determine are 
     appropriate.
       (e) Eligible Land.--Activities and losses described in 
     subsection (a) may occur on Federal, State, or private land, 
     or land owned by, or held in trust for the benefit of, an 
     Indian tribe.
       (f) Federal Cost Share.--The Federal share of the cost of 
     any activity provided assistance made available under this 
     subtitle shall not exceed 50 percent of the total cost of the 
     activity.

     SEC. 6503. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle $1,000,000 for fiscal year 2009 and each fiscal year 
     thereafter.

            TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

           Subtitle A--Additions to the National Park System

     SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW 
                   JERSEY.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the City of Paterson, 
     New Jersey.
       (2) Commission.--The term ``Commission'' means the Paterson 
     Great Falls National Historical Park Advisory Commission 
     established by subsection (e)(1).
       (3) Historic district.--The term ``Historic District'' 
     means the Great Falls Historic District in the State.
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Park developed under subsection 
     (d).
       (5) Map.--The term ``Map'' means the map entitled 
     ``Paterson Great Falls National Historical Park-Proposed 
     Boundary'', numbered T03/80,001, and dated May 2008.
       (6) Park.--The term ``Park'' means the Paterson Great Falls 
     National Historical Park established by subsection (b)(1)(A).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State.--The term ``State'' means the State of New 
     Jersey.
       (b) Paterson Great Falls National Historical Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established in the State a unit of the National Park System 
     to be known as the ``Paterson Great Falls National Historical 
     Park''.
       (B) Conditions for establishment.--The Park shall not be 
     established until the date on which the Secretary determines 
     that--
       (i)(I) the Secretary has acquired sufficient land or an 
     interest in land within the boundary of the Park to 
     constitute a manageable unit; or
       (II) the State or City, as appropriate, has entered into a 
     written agreement with the Secretary to donate--

       (aa) the Great Falls State Park, including facilities for 
     Park administration and visitor services; or
       (bb) any portion of the Great Falls State Park agreed to 
     between the Secretary and the State or City; and

       (ii) the Secretary has entered into a written agreement 
     with the State, City, or other public entity, as appropriate, 
     providing that--

       (I) land owned by the State, City, or other public entity 
     within the Historic District will be managed consistent with 
     this section; and
       (II) future uses of land within the Historic District will 
     be compatible with the designation of the Park.

       (2) Purpose.--The purpose of the Park is to preserve and 
     interpret for the benefit of present and future generations 
     certain historical, cultural, and natural resources 
     associated with the Historic District.
       (3) Boundaries.--The Park shall include the following 
     sites, as generally depicted on the Map:
       (A) The upper, middle, and lower raceways.
       (B) Mary Ellen Kramer (Great Falls) Park and adjacent land 
     owned by the City.
       (C) A portion of Upper Raceway Park, including the Ivanhoe 
     Wheelhouse and the Society for Establishing Useful 
     Manufactures Gatehouse.
       (D) Overlook Park and adjacent land, including the Society 
     for Establishing Useful Manufactures Hydroelectric Plant and 
     Administration Building.
       (E) The Allied Textile Printing site, including the Colt 
     Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and 
     Todd Mill ruins.
       (F) The Rogers Locomotive Company Erecting Shop, including 
     the Paterson Museum.
       (G) The Great Falls Visitor Center.
       (4) Availability of map.--The Map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (5) Publication of notice.--Not later than 60 days after 
     the date on which the conditions in clauses (i) and (ii) of 
     paragraph (1)(B) are satisfied, the Secretary shall publish 
     in the Federal Register notice of the establishment of the 
     Park, including an official boundary map for the Park.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the Park in 
     accordance with--
       (A) this section; and
       (B) the laws 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.).
       (2) State and local jurisdiction.--Nothing in this section 
     enlarges, diminishes, or modifies any authority of the State, 
     or any political subdivision of the State (including the 
     City)--
       (A) to exercise civil and criminal jurisdiction; or
       (B) to carry out State laws (including regulations) and 
     rules on non-Federal land located within the boundary of the 
     Park.
       (3) Cooperative agreements.--
       (A) In general.--As the Secretary determines to be 
     appropriate to carry out this section, the Secretary may 
     enter into cooperative agreements with the owner of the Great 
     Falls Visitor Center or any nationally significant properties 
     within the boundary of the Park under which the Secretary may 
     identify, interpret, restore, and provide technical 
     assistance for the preservation of the properties.
       (B) Right of access.--A cooperative agreement entered into 
     under subparagraph (A) shall provide that the Secretary, 
     acting through the Director of the National Park Service, 
     shall have the right of access at all reasonable times to all 
     public portions of the property covered by the agreement for 
     the purposes of--
       (i) conducting visitors through the properties; and
       (ii) interpreting the properties for the public.
       (C) Changes or alterations.--No changes or alterations 
     shall be made to any properties covered by a cooperative 
     agreement entered into under subparagraph (A) unless the 
     Secretary and the other party to the agreement agree to the 
     changes or alterations.
       (D) Conversion, use, or disposal.--Any payment made by the 
     Secretary under this paragraph shall be subject to an 
     agreement that the conversion, use, or disposal of a project 
     for purposes contrary to the purposes of this section, as 
     determined by the Secretary, shall entitle the United States 
     to reimbursement in amount equal to the greater of--
       (i) the amounts made available to the project by the United 
     States; or
       (ii) the portion of the increased value of the project 
     attributable to the amounts made available under this 
     paragraph, as determined at the time of the conversion, use, 
     or, disposal.
       (E) Matching funds.--
       (i) In general.--As a condition of the receipt of funds 
     under this paragraph, the Secretary shall require that any 
     Federal funds made available under a cooperative agreement 
     shall be matched on a 1-to-1 basis by non-Federal funds.
       (ii) Form.--With the approval of the Secretary, the non-
     Federal share required under clause (i) may be in the form of 
     donated property, goods, or services from a non-Federal 
     source.
       (4) Acquisition of land.--
       (A) In general.--The Secretary may acquire land or 
     interests in land within the boundary of the Park by 
     donation, purchase from a willing seller with donated or 
     appropriated funds, or exchange.

[[Page S9779]]

       (B) Donation of state owned land.--Land or interests in 
     land owned by the State or any political subdivision of the 
     State may only be acquired by donation.
       (5) Technical assistance and public interpretation.--The 
     Secretary may provide technical assistance and public 
     interpretation of related historic and cultural resources 
     within the boundary of the Historic District.
       (d) Management Plan.--
       (1) In general.--Not later than 3 fiscal years after the 
     date on which funds are made available to carry out this 
     subsection, the Secretary, in consultation with the 
     Commission, shall complete a management plan for the Park in 
     accordance with--
       (A) section 12(b) of Public Law 91-383 (commonly known as 
     the ``National Park Service General Authorities Act'') (16 
     U.S.C. 1a-7(b)); and
       (B) other applicable laws.
       (2) Cost share.--The management plan shall include 
     provisions that identify costs to be shared by the Federal 
     Government, the State, and the City, and other public or 
     private entities or individuals for necessary capital 
     improvements to, and maintenance and operations of, the Park.
       (3) Submission to congress.--On completion of the 
     management plan, the Secretary shall submit the management 
     plan to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (e) Paterson Great Falls National Historical Park Advisory 
     Commission.--
       (1) Establishment.--There is established a commission to be 
     known as the ``Paterson Great Falls National Historical Park 
     Advisory Commission''.
       (2) Duties.--The duties of the Commission shall be to 
     advise the Secretary in the development and implementation of 
     the management plan.
       (3) Membership.--
       (A) Composition.--The Commission shall be composed of 9 
     members, to be appointed by the Secretary, of whom--
       (i) 4 members shall be appointed after consideration of 
     recommendations submitted by the Governor of the State;
       (ii) 2 members shall be appointed after consideration of 
     recommendations submitted by the City Council of Paterson, 
     New Jersey;
       (iii) 1 member shall be appointed after consideration of 
     recommendations submitted by the Board of Chosen Freeholders 
     of Passaic County, New Jersey; and
       (iv) 2 members shall have experience with national parks 
     and historic preservation.
       (B) Initial appointments.--The Secretary shall appoint the 
     initial members of the Commission not later than the earlier 
     of--
       (i) the date that is 30 days after the date on which the 
     Secretary has received all of the recommendations for 
     appointments under subparagraph (A); or
       (ii) the date that is 30 days after the Park is established 
     in accordance with subsection (b).
       (4) Term; vacancies.--
       (A) Term.--
       (i) In general.--A member shall be appointed for a term of 
     3 years.
       (ii) Reappointment.--A member may be reappointed for not 
     more than 1 additional term.
       (B) Vacancies.--A vacancy on the Commission shall be filled 
     in the same manner as the original appointment was made.
       (5) Meetings.--The Commission shall meet at the call of--
       (A) the Chairperson; or
       (B) a majority of the members of the Commission.
       (6) Quorum.--A majority of the Commission shall constitute 
     a quorum.
       (7) Chairperson and vice chairperson.--
       (A) In general.--The Commission shall select a Chairperson 
     and Vice Chairperson from among the members of the 
     Commission.
       (B) Vice chairperson.--The Vice Chairperson shall serve as 
     Chairperson in the absence of the Chairperson.
       (C) Term.--A member may serve as Chairperson or Vice 
     Chairman for not more than 1 year in each office.
       (8) Commission personnel matters.--
       (A) Compensation of members.--
       (i) In general.--Members of the Commission shall serve 
     without compensation.
       (ii) Travel expenses.--Members 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.
       (B) Staff.--
       (i) In general.--The Secretary shall provide the Commission 
     with any staff members and technical assistance that the 
     Secretary, after consultation with the Commission, determines 
     to be appropriate to enable the Commission to carry out the 
     duties of the Commission.
       (ii) Detail of employees.--The Secretary may accept the 
     services of personnel detailed from--

       (I) the State;
       (II) any political subdivision of the State; or
       (III) any entity represented on the Commission.

       (9) FACA nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (10) Termination.--The Commission shall terminate 10 years 
     after the date of enactment of this Act.
       (f) Study of Hinchliffe Stadium.--
       (1) In general.--Not later than 3 fiscal years after the 
     date on which funds are made available to carry out this 
     section, the Secretary shall complete a study regarding the 
     preservation and interpretation of Hinchliffe Stadium, which 
     is listed on the National Register of Historic Places.
       (2) Inclusions.--The study shall include an assessment of--
       (A) the potential for listing the stadium as a National 
     Historic Landmark; and
       (B) options for maintaining the historic integrity of 
     Hinchliffe Stadium.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL 
                   HISTORIC SITE.

       (a) Acquisition of Property; Establishment of Historic 
     Site.--Should the Secretary of the Interior acquire, by 
     donation only from the Clinton Birthplace Foundation, Inc., 
     fee simple, unencumbered title to the William Jefferson 
     Clinton Birthplace Home site located at 117 South Hervey 
     Street, Hope, Arkansas, 71801, and to any personal property 
     related to that site, the Secretary shall designate the 
     William Jefferson Clinton Birthplace Home site as a National 
     Historic Site and unit of the National Park System, to be 
     known as the ``President William Jefferson Clinton Birthplace 
     Home National Historic Site''.
       (b) Applicability of Other Laws.--The Secretary shall 
     administer the President William Jefferson Clinton Birthplace 
     Home National Historic Site in accordance with the laws 
     generally applicable to national historic sites, including 
     the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (16 U.S.C. 1-4), and the Act entitled ``An Act to provide for 
     the preservation of historic American sites, buildings, 
     objects and antiquities of national significance, and for 
     other purposes'', approved August 21, 1935 (16 U.S.C. 461 et 
     seq.).

     SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.

       (a) Establishment.--
       (1) In general.--If Monroe County or Wayne County, 
     Michigan, or other willing landowners in either County offer 
     to donate to the United States land relating to the Battles 
     of the River Raisin on January 18 and 22, 1813, or the 
     aftermath of the battles, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     accept the donated land.
       (2) Designation of park.--On the acquisition of land under 
     paragraph (1) that is of sufficient acreage to permit 
     efficient administration, the Secretary shall designate the 
     acquired land as a unit of the National Park System, to be 
     known as the ``River Raisin National Battlefield Park'' 
     (referred to in this section as the ``Park'').
       (3) Legal description.--
       (A) In general.--The Secretary shall prepare a legal 
     description of the land and interests in land designated as 
     the Park by paragraph (2).
       (B) Availability of map and legal description.--A map with 
     the legal description shall be on file and available for 
     public inspection in the appropriate offices of the National 
     Park Service.
       (b) Administration.--
       (1) In general.--The Secretary shall manage the Park for 
     the purpose of preserving and interpreting the Battles of the 
     River Raisin in accordance with the National Park Service 
     Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 
     1935 (16 U.S.C. 461 et seq.).
       (2) General management plan.--
       (A) In general.--Not later than 3 years after the date on 
     which funds are made available, the Secretary shall complete 
     a general management plan for the Park that, among other 
     things, defines the role and responsibility of the Secretary 
     with regard to the interpretation and the preservation of the 
     site.
       (B) Consultation.--The Secretary shall consult with and 
     solicit advice and recommendations from State, county, local, 
     and civic organizations and leaders, and other interested 
     parties in the preparation of the management plan.
       (C) Inclusions.--The plan shall include--
       (i) consideration of opportunities for involvement by and 
     support for the Park by State, county, and local governmental 
     entities and nonprofit organizations and other interested 
     parties; and
       (ii) steps for the preservation of the resources of the 
     site and the costs associated with these efforts.
       (D) Submission to congress.--On the completion of the 
     general management plan, the Secretary shall submit a copy of 
     the plan to the Committee on Natural Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (3) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with State, county, local, and civic 
     organizations to carry out this section.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of

[[Page S9780]]

     the House a report describing the progress made with respect 
     to acquiring real property under this section and designating 
     the River Raisin National Battlefield Park.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

  Subtitle B--Amendments to Existing Units of the National Park System

     SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.

       (a) Acquisition of Property.--Section 4 of Public Law 102-
     543 (16 U.S.C. 410yy-3) is amended by striking subsection 
     (d).
       (b) Matching Funds.--Section 8(b) of Public Law 102-543 (16 
     U.S.C. 410yy-7(b)) is amended by striking ``$4'' and 
     inserting ``$1''.
       (c) Authorization of Appropriations.--Section 10 of Public 
     Law 102-543 (16 U.S.C. 410yy-9) is amended--
       (1) in subsection (a)--
       (A) by striking ``$25,000,000'' and inserting 
     ``$50,000,000''; and
       (B) by striking ``$3,000,000'' and inserting 
     ``$25,000,000''; and
       (2) in subsection (b), by striking ``$100,000'' and all 
     that follows through ``those duties'' and inserting 
     ``$250,000''.

     SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES 
                   FOR WEIR FARM NATIONAL HISTORIC SITE.

       Section 4(d) of the Weir Farm National Historic Site 
     Establishment Act of 1990 (16 U.S.C. 461 note) is amended--
       (1) in paragraph (1)(B), by striking ``contiguous to'' and 
     all that follows and inserting ``within Fairfield County.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Development.--
       ``(A) Maintaining natural character.--The Secretary shall 
     keep development of the property acquired under paragraph (1) 
     to a minimum so that the character of the acquired property 
     will be similar to the natural and undeveloped landscape of 
     the property described in subsection (b).
       ``(B) Treatment of previously developed property.--Nothing 
     in subparagraph (A) shall either prevent the Secretary from 
     acquiring property under paragraph (1) that, prior to the 
     Secretary's acquisition, was developed in a manner 
     inconsistent with subparagraph (A), or require the Secretary 
     to remediate such previously developed property to reflect 
     the natural character described in subparagraph (A).''; and
       (3) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``the appropriate zoning authority'' and all 
     that follows through ``Wilton, Connecticut,'' and inserting 
     ``the local governmental entity that, in accordance with 
     applicable State law, has jurisdiction over any property 
     acquired under paragraph (1)(A)''.

     SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY 
                   EXPANSION.

       Section 2 of the Little River Canyon National Preserve Act 
     of 1992 (16 U.S.C. 698q) is amended--
       (1) in subsection (b)--
       (A) by striking ``The Preserve'' and inserting the 
     following:
       ``(1) In general.--The Preserve''; and
       (B) by adding at the end the following:
       ``(2) Boundary expansion.--The boundary of the Preserve is 
     modified to include the land depicted on the map entitled 
     `Little River Canyon National Preserve Proposed Boundary', 
     numbered 152/80,004, and dated December 2007.''; and
       (2) in subsection (c), by striking ``map'' and inserting 
     ``maps''.

     SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY 
                   EXPANSION.

       Section 2 of the Act entitled ``An Act to rename and expand 
     the boundaries of the Mound City Group National Monument in 
     Ohio'', approved May 27, 1992 (106 Stat. 185), is amended--
       (1) by striking ``and'' at the end of subsection (a)(3);
       (2) by striking the period at the end of subsection (a)(4) 
     and inserting ``; and'';
       (3) by adding after subsection (a)(4) the following new 
     paragraph:
       ``(5) the map entitled `Hopewell Culture National 
     Historical Park, Ohio Proposed Boundary Adjustment' numbered 
     353/80,049 and dated June, 2006.''; and
       (4) by adding after subsection (d)(2) the following new 
     paragraph:
       ``(3) The Secretary may acquire lands added by subsection 
     (a)(5) only from willing sellers.''.

     SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE 
                   BOUNDARY ADJUSTMENT.

       (a) In General.--Section 901 of the National Parks and 
     Recreation Act of 1978 (16 U.S.C. 230) is amended in the 
     second sentence by striking ``of approximately twenty 
     thousand acres generally depicted on the map entitled 
     `Barataria Marsh Unit-Jean Lafitte National Historical Park 
     and Preserve' numbered 90,000B and dated April 1978,'' and 
     inserting ``generally depicted on the map entitled `Boundary 
     Map, Barataria Preserve Unit, Jean Lafitte National 
     Historical Park and Preserve', numbered 467/80100A, and dated 
     December 2007,''.
       (b) Acquisition of Land.--Section 902 of the National Parks 
     and Recreation Act of 1978 (16 U.S.C. 230a) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Within the'' and all that follows 
     through the first sentence and inserting the following:
       ``(a) In General.--
       ``(1) Barataria preserve unit.--
       ``(A) In general.--The Secretary may acquire any land, 
     water, and interests in land and water within the Barataria 
     Preserve Unit by donation, purchase with donated or 
     appropriated funds, transfer from any other Federal agency, 
     or exchange.
       ``(B) Limitations.--
       ``(i) In general.--Any non-Federal land depicted on the map 
     described in section 901 as `Lands Proposed for Addition' may 
     be acquired by the Secretary only with the consent of the 
     owner of the land.
       ``(ii) Boundary adjustment.--On the date on which the 
     Secretary acquires a parcel of land described in clause (i), 
     the boundary of the Barataria Preserve Unit shall be adjusted 
     to reflect the acquisition.
       ``(iii) Easements.--To ensure adequate hurricane protection 
     of the communities located in the area, any land identified 
     on the map described in section 901 that is acquired or 
     transferred shall be subject to any easements that have been 
     agreed to by the Secretary and the Secretary of the Army.
       ``(C) Transfer of administration jurisdiction.--Effective 
     on the date of enactment of the Omnibus Public Land 
     Management Act of 2008, administrative jurisdiction over any 
     Federal land within the areas depicted on the map described 
     in section 901 as `Lands Proposed for Addition' is 
     transferred, without consideration, to the administrative 
     jurisdiction of the National Park Service, to be administered 
     as part of the Barataria Preserve Unit.'';
       (B) in the second sentence, by striking ``The Secretary may 
     also acquire by any of the foregoing methods'' and inserting 
     the following:
       ``(2) French quarter.--The Secretary may acquire by any of 
     the methods referred to in paragraph (1)(A)'';
       (C) in the third sentence, by striking ``Lands, waters, and 
     interests therein'' and inserting the following:
       ``(3) Acquisition of state land.--Land, water, and 
     interests in land and water''; and
       (D) in the fourth sentence, by striking ``In acquiring'' 
     and inserting the following:
       ``(4) Acquisition of oil and gas rights.--In acquiring'';
       (2) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Resource Protection.--With respect to the land, 
     water, and interests in land and water of the Barataria 
     Preserve Unit, the Secretary shall preserve and protect--
       ``(1) fresh water drainage patterns;
       ``(2) vegetative cover;
       ``(3) the integrity of ecological and biological systems; 
     and
       ``(4) water and air quality.
       ``(c) Adjacent Land.--With the consent of the owner and the 
     parish governing authority, the Secretary may--
       ``(1) acquire land, water, and interests in land and water, 
     by any of the methods referred to in subsection (a)(1)(A) 
     (including use of appropriations from the Land and Water 
     Conservation Fund); and
       ``(2) revise the boundaries of the Barataria Preserve Unit 
     to include adjacent land and water.''; and
       (3) by redesignating subsection (g) as subsection (d).
       (c) Definition of Improved Property.--Section 903 of the 
     National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is 
     amended in the fifth sentence by inserting ``(or January 1, 
     2007, for areas added to the park after that date)'' after 
     ``January 1, 1977''.
       (d) Hunting, Fishing, and Trapping.--Section 905 of the 
     National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is 
     amended in the first sentence by striking ``, except that 
     within the core area and on those lands acquired by the 
     Secretary pursuant to section 902(c) of this title, he'' and 
     inserting ``on land, and interests in land and water managed 
     by the Secretary, except that the Secretary''.
       (e) Administration.--Section 906 of the National Parks and 
     Recreation Act of 1978 (16 U.S.C. 230e) is amended--
       (1) by striking the first sentence; and
       (2) in the second sentence, by striking ``Pending such 
     establishment and thereafter the'' and inserting ``The''.
       (f) References in Law.--
       (1) In general.--Any reference in a law (including 
     regulations), map, document, paper, or other record of the 
     United States--
       (A) to the Barataria Marsh Unit shall be considered to be a 
     reference to the Barataria Preserve Unit; or
       (B) to the Jean Lafitte National Historical Park shall be 
     considered to be a reference to the Jean Lafitte National 
     Historical Park and Preserve.
       (2) Conforming amendments.--Title IX of the National Parks 
     and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is 
     amended--
       (A) by striking ``Barataria Marsh Unit'' each place it 
     appears and inserting ``Barataria Preserve Unit''; and
       (B) by striking ``Jean Lafitte National Historical Park'' 
     each place it appears and inserting ``Jean Lafitte National 
     Historical Park and Preserve''.

     SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Minute 
     Man National Historical Park Proposed Boundary'', numbered 
     406/81001, and dated July 2007.

[[Page S9781]]

       (2) Park.--The term ``Park'' means the Minute Man National 
     Historical Park in the State of Massachusetts.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Minute Man National Historical Park.--
       (1) Boundary adjustment.--
       (A) In general.--The boundary of the Park is modified to 
     include the area generally depicted on the map.
       (B) Availability of map.--The map shall be on file and 
     available for inspection in the appropriate offices of the 
     National Park Service.
       (2) Acquisition of land.--The Secretary may acquire the 
     land or an interest in the land described in paragraph (1)(A) 
     by--
       (A) purchase from willing sellers with donated or 
     appropriated funds;
       (B) donation; or
       (C) exchange.
       (3) Administration of land.--The Secretary shall administer 
     the land added to the Park under paragraph (1)(A) in 
     accordance with applicable laws (including regulations).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7107. EVERGLADES NATIONAL PARK.

       (a) Inclusion of Tarpon Basin Property.--
       (1) Definitions.--In this subsection:
       (A) Hurricane hole.--The term ``Hurricane Hole'' means the 
     natural salt-water body of water within the Duesenbury Tracts 
     of the eastern parcel of the Tarpon Basin boundary adjustment 
     and accessed by Duesenbury Creek.
       (B) Map.--The term ``map'' means the map entitled 
     ``Proposed Tarpon Basin Boundary Revision'', numbered 160/
     80,012, and dated May 2008.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (D) Tarpon basin property.--The term ``Tarpon Basin 
     property'' means land that--
       (i) is comprised of approximately 600 acres of land and 
     water surrounding Hurricane Hole, as generally depicted on 
     the map; and
       (ii) is located in South Key Largo.
       (2) Boundary revision.--
       (A) In general.--The boundary of the Everglades National 
     Park is adjusted to include the Tarpon Basin property.
       (B) Acquisition authority.--The Secretary may acquire from 
     willing sellers by donation, purchase with donated or 
     appropriated funds, or exchange, land, water, or interests in 
     land and water, within the area depicted on the map, to be 
     added to Everglades National Park.
       (C) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (D) Administration.--Land added to Everglades National Park 
     by this section shall be administered as part of Everglades 
     National Park in accordance with applicable laws (including 
     regulations).
       (3) Hurricane hole.--The Secretary may allow use of 
     Hurricane Hole by sailing vessels during emergencies, subject 
     to such terms and conditions as the Secretary determines to 
     be necessary.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.
       (b) Land Exchanges.--
       (1) Definitions.--In this subsection:
       (A) Company.--The term ``Company'' means Florida Power & 
     Light Company.
       (B) Federal land.--The term ``Federal Land'' means the 
     parcels of land that are--
       (i) owned by the United States;
       (ii) administered by the Secretary;
       (iii) located within the National Park; and
       (iv) generally depicted on the map as--

       (I) Tract A, which is adjacent to the Tamiami Trail, U.S. 
     Rt. 41; and
       (II) Tract B, which is located on the eastern boundary of 
     the National Park.

       (C) Map.--The term ``map'' means the map prepared by the 
     National Park Service, entitled ``Proposed Land Exchanges, 
     Everglades National Park'', numbered 160/60411, and dated 
     September 2008.
       (D) National park.--The term ``National Park'' means the 
     Everglades National Park located in the State.
       (E) Non-federal land.--The term ``non-Federal land'' means 
     the land in the State that--
       (i) is owned by the State, the specific area and location 
     of which shall be determined by the State; or
       (ii)(I) is owned by the Company;
       (II) comprises approximately 320 acres; and
       (III) is located within the East Everglades Acquisition 
     Area, as generally depicted on the map as ``Tract D''.
       (F) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (G) State.--The term ``State'' means the State of Florida 
     and political subdivisions of the State, including the South 
     Florida Water Management District.
       (2) Land exchange with state.--
       (A) In general.--Subject to the provisions of this 
     paragraph, if the State offers to convey to the Secretary all 
     right, title, and interest of the State in and to specific 
     parcels of non-Federal land, and the offer is acceptable to 
     the Secretary, the Secretary may, subject to valid existing 
     rights, accept the offer and convey to the State all right, 
     title, and interest of the United States in and to the 
     Federal land generally depicted on the map as ``Tract A''.
       (B) Conditions.--The land exchange under subparagraph (A) 
     shall be subject to such terms and conditions as the 
     Secretary may require.
       (C) Valuation.--
       (i) In general.--The values of the land involved in the 
     land exchange under subparagraph (A) shall be equal.
       (ii) Equalization.--If the values of the land are not 
     equal, the values may be equalized by donation, payment using 
     donated or appropriated funds, or the conveyance of 
     additional parcels of land.
       (D) Appraisals.--Before the exchange of land under 
     subparagraph (A), appraisals for the Federal and non-Federal 
     land shall be conducted in accordance with the Uniform 
     Appraisal Standards for Federal Land Acquisitions and the 
     Uniform Standards of Professional Appraisal Practice.
       (E) Technical corrections.--Subject to the agreement of the 
     State, the Secretary may make minor corrections to correct 
     technical and clerical errors in the legal descriptions of 
     the Federal and non-Federal land and minor adjustments to the 
     boundaries of the Federal and non-Federal land.
       (F) Administration of land acquired by secretary.--Land 
     acquired by the Secretary under subparagraph (A) shall--
       (i) become part of the National Park; and
       (ii) be administered in accordance with the laws applicable 
     to the National Park System.
       (3) Land exchange with company.--
       (A) In general.--Subject to the provisions of this 
     paragraph, if the Company offers to convey to the Secretary 
     all right, title, and interest of the Company in and to the 
     non-Federal land generally depicted on the map as ``Tract 
     D'', and the offer is acceptable to the Secretary, the 
     Secretary may, subject to valid existing rights, accept the 
     offer and convey to the Company all right, title, and 
     interest of the United States in and to the Federal land 
     generally depicted on the map as ``Tract B''.
       (B) Conditions.--The land exchange under subparagraph (A) 
     shall be subject to such terms and conditions as the 
     Secretary may require.
       (C) Valuation.--
       (i) In general.--The values of the land involved in the 
     land exchange under subparagraph (A) shall be equal unless 
     the non-Federal land is of higher value than the Federal 
     land.
       (ii) Equalization.--If the values of the land are not 
     equal, the values may be equalized by donation, payment using 
     donated or appropriated funds, or the conveyance of 
     additional parcels of land.
       (D) Appraisal.--Before the exchange of land under 
     subparagraph (A), appraisals for the Federal and non-Federal 
     land shall be conducted in accordance with the Uniform 
     Appraisal Standards for Federal Land Acquisitions and the 
     Uniform Standards of Professional Appraisal Practice.
       (E) Technical corrections.--Subject to the agreement of the 
     Company, the Secretary may make minor corrections to correct 
     technical and clerical errors in the legal descriptions of 
     the Federal and non-Federal land and minor adjustments to the 
     boundaries of the Federal and non-Federal land.
       (F) Administration of land acquired by secretary.--Land 
     acquired by the Secretary under subparagraph (A) shall--
       (i) become part of the National Park; and
       (ii) be administered in accordance with the laws applicable 
     to the National Park System.
       (4) Map.--The map shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (5) Boundary revision.--On completion of the land exchanges 
     authorized by this subsection, the Secretary shall adjust the 
     boundary of the National Park accordingly, including removing 
     the land conveyed out of Federal ownership.

     SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.

       (a) In General.--The Secretary of the Interior shall 
     authorize Ka `Ohana O Kalaupapa, a non-profit organization 
     consisting of patient residents at Kalaupapa National 
     Historical Park, and their family members and friends, to 
     establish a memorial at a suitable location or locations 
     approved by the Secretary at Kalawao or Kalaupapa within the 
     boundaries of Kalaupapa National Historical Park located on 
     the island of Molokai, in the State of Hawaii, to honor and 
     perpetuate the memory of those individuals who were forcibly 
     relocated to Kalaupapa Peninsula from 1866 to 1969.
       (b) Design.--
       (1) In general.--The memorial authorized by subsection (a) 
     shall--
       (A) display in an appropriate manner the names of the first 
     5,000 individuals sent to the Kalaupapa Peninsula between 
     1866 and 1896, most of whom lived at Kalawao; and
       (B) display in an appropriate manner the names of the 
     approximately 3,000 individuals who arrived at Kalaupapa in 
     the second part of its history, when most of the community 
     was concentrated on the Kalaupapa side of the peninsula.
       (2) Approval.--The location, size, design, and inscriptions 
     of the memorial authorized by subsection (a) shall be subject 
     to the approval of the Secretary of the Interior.
       (c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit 
     organization, shall be solely responsible for acceptance of 
     contributions for and payment of the expenses associated with 
     the establishment of the memorial.

[[Page S9782]]

     SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.

       (a) Cooperative Agreements.--Section 1029(d) of the Omnibus 
     Parks and Public Lands Management Act of 1996 (16 U.S.C. 
     460kkk(d)) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Agreements.--
       ``(A) Definition of eligible entity.--In this paragraph, 
     the term `eligible entity' means--
       ``(i) the Commonwealth of Massachusetts;
       ``(ii) a political subdivision of the Commonwealth of 
     Massachusetts; or
       ``(iii) any other entity that is a member of the Boston 
     Harbor Islands Partnership described in subsection (e)(2).
       ``(B) Authority of secretary.--Subject to subparagraph (C), 
     the Secretary may consult with an eligible entity on, and 
     enter into with the eligible entity--
       ``(i) a cooperative management agreement to acquire from, 
     and provide to, the eligible entity goods and services for 
     the cooperative management of land within the recreation 
     area; and
       ``(ii) notwithstanding section 6305 of title 31, United 
     States Code, a cooperative agreement for the construction of 
     recreation area facilities on land owned by an eligible 
     entity for purposes consistent with the management plan under 
     subsection (f).
       ``(C) Conditions.--The Secretary may enter into an 
     agreement with an eligible entity under subparagraph (B) only 
     if the Secretary determines that--
       ``(i) appropriations for carrying out the purposes of the 
     agreement are available; and
       ``(ii) the agreement is in the best interests of the United 
     States.''.
       (b) Technical Amendments.--
       (1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks 
     and Public Lands Management Act of 1996 (16 U.S.C. 
     460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and 
     inserting ``Coast Guard.''.
       (2) Donations.--Section 1029(e)(11) of the Omnibus Parks 
     and Public Lands Management Act of 1996 (16 U.S.C. 
     460kkk(e)(11)) is amended by striking ``Nothwithstanding'' 
     and inserting ``Notwithstanding''.

     SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW 
                   JERSEY.

       (a) Purposes.--The purposes of this section are--
       (1) to recognize and pay tribute to Thomas Alva Edison and 
     his innovations; and
       (2) to preserve, protect, restore, and enhance the Edison 
     National Historic Site to ensure public use and enjoyment of 
     the Site as an educational, scientific, and cultural center.
       (b) Establishment.--
       (1) In general.--There is established the Thomas Edison 
     National Historical Park as a unit of the National Park 
     System (referred to in this section as the ``Historical 
     Park'').
       (2) Boundaries.--The Historical Park shall be comprised of 
     all property owned by the United States in the Edison 
     National Historic Site as well as all property authorized to 
     be acquired by the Secretary of the Interior (referred to in 
     this section as the ``Secretary'') for inclusion in the 
     Edison National Historic Site before the date of the 
     enactment of this Act, as generally depicted on the map 
     entitled the ``Thomas Edison National Historical Park'', 
     numbered 403/80,000, and dated April 2008.
       (3) Map.--The map of the Historical Park shall be on file 
     and available for public inspection in the appropriate 
     offices of the National Park Service.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     Historical Park in accordance with this section and with the 
     provisions of law generally applicable to units of the 
     National Park System, including the Acts entitled ``An Act to 
     establish a National Park Service, and for other purposes,'' 
     approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) 
     and ``An Act to provide for the preservation of historic 
     American sites, buildings, objects, and antiquities of 
     national significance, and for other purposes,'' approved 
     August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Acquisition of property.--
       (A) Real property.--The Secretary may acquire land or 
     interests in land within the boundaries of the Historical 
     Park, from willing sellers only, by donation, purchase with 
     donated or appropriated funds, or exchange.
       (B) Personal property.--The Secretary may acquire personal 
     property associated with, and appropriate for, interpretation 
     of the Historical Park.
       (3) Cooperative agreements.--The Secretary may consult and 
     enter into cooperative agreements with interested entities 
     and individuals to provide for the preservation, development, 
     interpretation, and use of the Historical Park.
       (4) Repeal of superseded law.--Public Law 87-628 (76 Stat. 
     428), regarding the establishment and administration of the 
     Edison National Historic Site, is repealed.
       (5) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     ``Edison National Historic Site'' shall be deemed to be a 
     reference to the ``Thomas Edison National Historical Park''.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 7111. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.

       (a) Votes for Women Trail.--Title XVI of Public Law 96-607 
     (16 U.S.C. 410ll) is amended by adding at the end the 
     following:

     ``SEC. 1602. VOTES FOR WOMEN TRAIL.

       ``(a) Definitions.--In this section:
       ``(1) Park.--The term `Park' means the Women's Rights 
     National Historical Park established by section 1601.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       ``(3) State.--The term `State' means the State of New York.
       ``(4) Trail.--The term `Trail' means the Votes for Women 
     History Trail Route designated under subsection (b).
       ``(b) Establishment of Trail Route.--The Secretary, with 
     concurrence of the agency having jurisdiction over the 
     relevant roads, may designate a vehicular tour route, to be 
     known as the `Votes for Women History Trail Route', to link 
     properties in the State that are historically and 
     thematically associated with the struggle for women's 
     suffrage in the United States.
       ``(c) Administration.--The Trail shall be administered by 
     the National Park Service through the Park.
       ``(d) Activities.--To facilitate the establishment of the 
     Trail and the dissemination of information regarding the 
     Trail, the Secretary shall--
       ``(1) produce and disseminate appropriate educational 
     materials regarding the Trail, such as handbooks, maps, 
     exhibits, signs, interpretive guides, and electronic 
     information;
       ``(2) coordinate the management, planning, and standards of 
     the Trail in partnership with participating properties, other 
     Federal agencies, and State and local governments;
       ``(3) create and adopt an official, uniform symbol or 
     device to mark the Trail; and
       ``(4) issue guidelines for the use of the symbol or device 
     adopted under paragraph (3).
       ``(e) Elements of Trail Route.--Subject to the consent of 
     the owner of the property, the Secretary may designate as an 
     official stop on the Trail--
       ``(1) all units and programs of the Park relating to the 
     struggle for women's suffrage;
       ``(2) other Federal, State, local, and privately owned 
     properties that the Secretary determines have a verifiable 
     connection to the struggle for women's suffrage; and
       ``(3) other governmental and nongovernmental facilities and 
     programs of an educational, commemorative, research, or 
     interpretive nature that the Secretary determines to be 
     directly related to the struggle for women's suffrage.
       ``(f) Cooperative Agreements and Memoranda of 
     Understanding.--
       ``(1) In general.--To facilitate the establishment of the 
     Trail and to ensure effective coordination of the Federal and 
     non-Federal properties designated as stops along the Trail, 
     the Secretary may enter into cooperative agreements and 
     memoranda of understanding with, and provide technical and 
     financial assistance to, other Federal agencies, the State, 
     localities, regional governmental bodies, and private 
     entities.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary for the period of fiscal years 2009 through 
     2013 to provide financial assistance to cooperating entities 
     pursuant to agreements or memoranda entered into under 
     paragraph (1).''.
       (b) National Women's Rights History Project National 
     Registry.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') may make annual grants 
     to State historic preservation offices for not more than 5 
     years to assist the State historic preservation offices in 
     surveying, evaluating, and nominating to the National 
     Register of Historic Places women's rights history 
     properties.
       (2) Eligibility.--In making grants under paragraph (1), the 
     Secretary shall give priority to grants relating to 
     properties associated with the multiple facets of the women's 
     rights movement, such as politics, economics, education, 
     religion, and social and family rights.
       (3) Updates.--The Secretary shall ensure that the National 
     Register travel itinerary website entitled ``Places Where 
     Women Made History'' is updated to contain--
       (A) the results of the inventory conducted under paragraph 
     (1); and
       (B) any links to websites related to places on the 
     inventory.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this subsection shall be 50 percent.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $1,000,000 for each of fiscal years 2009 through 
     2013.
       (c) National Women's Rights History Project Partnerships 
     Network.--
       (1) Grants.--The Secretary may make matching grants and 
     give technical assistance for development of a network of 
     governmental and nongovernmental entities (referred to in 
     this subsection as the ``network''), the purpose of which is 
     to provide interpretive and educational program development 
     of national women's rights history, including historic 
     preservation.
       (2) Management of network.--
       (A) In general.--The Secretary shall, through a competitive 
     process, designate a nongovernmental managing network to 
     manage the network.

[[Page S9783]]

       (B) Coordination.--The nongovernmental managing entity 
     designated under subparagraph (A) shall work in partnership 
     with the Director of the National Park Service and State 
     historic preservation offices to coordinate operation of the 
     network.
       (3) Cost-sharing requirement.--
       (A) In general.--The Federal share of the cost of any 
     activity carried out using any assistance made available 
     under this subsection shall be 50 percent.
       (B) State historic preservation offices.--Matching grants 
     for historic preservation specific to the network may be made 
     available through State historic preservation offices.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $1,000,000 for each of fiscal years 2009 through 
     2013.

     SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.

       (a) Definitions.--In this section:
       (1) Historic site.--The term ``historic site'' means the 
     Martin Van Buren National Historic Site in the State of New 
     York established by Public Law 93-486 (16 U.S.C. 461 note) on 
     October 26, 1974.
       (2) Map.--The term ``map'' means the map entitled 
     ``Boundary Map, Martin Van Buren National Historic Site'', 
     numbered ``460/80801'', and dated January 2005.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Boundary Adjustments to the Historic Site.--
       (1) Boundary adjustment.--The boundary of the historic site 
     is adjusted to include approximately 261 acres of land 
     identified as the ``PROPOSED PARK BOUNDARY'', as generally 
     depicted on the map.
       (2) Acquisition authority.--The Secretary may acquire the 
     land and any interests in the land described in paragraph (1) 
     from willing sellers by donation, purchase with donated or 
     appropriated funds, or exchange.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (4) Administration.--Land acquired for the historic site 
     under this section shall be administered as part of the 
     historic site in accordance with applicable law (including 
     regulations).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.

       (a) Designation of Palo Alto Battlefield National 
     Historical Park.--
       (1) In general.--The Palo Alto Battlefield National 
     Historic Site shall be known and designated as the ``Palo 
     Alto Battlefield National Historical Park''.
       (2)  References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     historic site referred to in subsection (a) shall be deemed 
     to be a reference to the Palo Alto Battlefield National 
     Historical Park.
       (3) Conforming amendments.--The Palo Alto Battlefield 
     National Historic Site Act of 1991 (16 U.S.C. 461 note; 
     Public Law 102-304) is amended--
       (A) by striking ``National Historic Site'' each place it 
     appears and inserting ``National Historical Park'';
       (B) in the heading for section 3, by striking ``NATIONAL 
     HISTORICAL SITE'' and inserting ``NATIONAL HISTORICAL PARK''; 
     and
       (C) by striking ``historic site'' each place it appears and 
     inserting ``historical park''.
       (b) Boundary Expansion, Palo Alto Battlefield National 
     Historical Park, Texas.--Section 3(b) of the Palo Alto 
     Battlefield National Historic Site Act of 1991 (16 U.S.C. 461 
     note; Public Law 102-304) (as amended by subsection (a)) is 
     amended--
       (1) in paragraph (1), by striking ``(1) The historical 
     park'' and inserting the following:
       ``(1) In general.--The historical park'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following:
       ``(2) Additional land.--
       ``(A) In general.--In addition to the land described in 
     paragraph (1), the historical park shall consist of 
     approximately 34 acres of land, as generally depicted on the 
     map entitled `Palo Alto Battlefield NHS Proposed Boundary 
     Expansion', numbered 469/80,012, and dated May 21, 2008.
       ``(B) Availability of map.--The map described in 
     subparagraph (A) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.''; and
       (4) in paragraph (3) (as redesignated by paragraph (2))--
       (A) by striking ``(3) Within'' and inserting the following:
       ``(3) Legal description.--Not later than''; and
       (B) in the second sentence, by striking ``map referred to 
     in paragraph (1)'' and inserting ``maps referred to in 
     paragraphs (1) and (2)''.

     SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL 
                   PARK.

       (a) Designation.--The Abraham Lincoln Birthplace National 
     Historic Site in the State of Kentucky shall be known and 
     designated as the ``Abraham Lincoln Birthplace National 
     Historical Park''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Abraham Lincoln Birthplace National Historic Site shall be 
     deemed to be a reference to the ``Abraham Lincoln Birthplace 
     National Historical Park''.

     SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.

       Section 1106 of the National Parks and Recreation Act of 
     1978 (16 U.S.C. 460m-20) is amended in the first sentence by 
     striking ``may'' and inserting ``shall''.

     SEC. 7116. TECHNICAL CORRECTIONS.

       (a) Gaylord Nelson Wilderness.--
       (1) Redesignation.--Section 140 of division E of the 
     Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; 
     Public Law 108-447), is amended--
       (A) in subsection (a), by striking ``Gaylord A. Nelson'' 
     and inserting ``Gaylord Nelson''; and
       (B) in subsection (c)(4), by striking ``Gaylord A. Nelson 
     Wilderness'' and inserting ``Gaylord Nelson Wilderness''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     ``Gaylord A. Nelson Wilderness'' shall be deemed to be a 
     reference to the ``Gaylord Nelson Wilderness''.
       (b) Arlington House Land Transfer.--Section 2863(h)(1) of 
     Public Law 107-107 (115 Stat. 1333) is amended by striking 
     ``the George Washington Memorial Parkway'' and inserting 
     ``Arlington House, The Robert E. Lee Memorial,''.
       (c) Cumberland Island Wilderness.--Section 2(a)(1) of 
     Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is 
     amended by striking ``numbered 640/20,038I, and dated 
     September 2004'' and inserting ``numbered 640/20,038K, and 
     dated September 2005''.
       (d) Petrified Forest Boundary.--Section 2(1) of the 
     Petrified Forest National Park Expansion Act of 2004 (16 
     U.S.C. 119 note; Public Law 108-430) is amended by striking 
     ``numbered 110/80,044, and dated July 2004'' and inserting 
     ``numbered 110/80,045, and dated January 2005''.
       (e) Commemorative Works Act.--Chapter 89 of title 40, 
     United States Code, is amended--
       (1) in section 8903(d), by inserting ``Natural'' before 
     ``Resources'';
       (2) in section 8904(b), by inserting ``Advisory'' before 
     ``Commission''; and
       (3) in section 8908(b)(1)--
       (A) in the first sentence, by inserting ``Advisory'' before 
     ``Commission''; and
       (B) in the second sentence, by striking ``House 
     Administration'' and inserting ``Natural Resources''.
       (f) Captain John Smith Chesapeake National Historic 
     Trail.--Section 5(a)(25)(A) of the National Trails System Act 
     (16 U.S.C. 1244(a)(25)(A)) is amended by striking ``The John 
     Smith'' and inserting ``The Captain John Smith''.
       (g) Delaware National Coastal Special Resource Study.--
     Section 604 of the Delaware National Coastal Special 
     Resources Study Act (Public Law 109-338; 120 Stat. 1856) is 
     amended by striking ``under section 605''.
       (h) Use of Recreation Fees.--Section 808(a)(1)(F) of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 
     6807(a)(1)(F)) is amended by striking ``section 6(a)'' and 
     inserting ``section 806(a)''.
       (i) Crossroads of the American Revolution National Heritage 
     Area.--Section 297F(b)(2)(A) of the Crossroads of the 
     American Revolution National Heritage Area Act of 2006 
     (Public Law 109-338; 120 Stat. 1844) is amended by inserting 
     ``duties'' before ``of the''.
       (j) Cuyahoga Valley National Park.--Section 474(12) of the 
     Consolidated Natural Resources Act of 2008 (Public Law 1110-
     229; 122 Stat. 827) is amended by striking ``Cayohoga'' each 
     place it appears and inserting ``Cuyahoga''.
       (k) Pennsylvania Avenue National Historic Site.--
       (1) Name on map.--Section 313(d)(1)(B) of the Department of 
     the Interior and Related Agencies Appropriations Act, 1996 
     (Public Law 104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note) 
     is amended by striking ``map entitled `Pennsylvania Avenue 
     National Historic Park', dated June 1, 1995, and numbered 
     840-82441'' and inserting ``map entitled `Pennsylvania Avenue 
     National Historic Site', dated August 25, 2008, and numbered 
     840-82441B''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Pennsylvania Avenue National Historic Park shall be deemed to 
     be a reference to the ``Pennsylvania Avenue National Historic 
     Site''.

     SEC. 7117. WRIGHT BROTHERS-DUNBAR NATIONAL HISTORICAL PARK, 
                   OHIO.

       (a) Additional Areas Included in Park.--Section 101 of the 
     Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 
     410ww, et seq.) is amended by adding at the end the 
     following:
       ``(c) Additional Sites.--In addition to the sites described 
     in subsection (b), the park shall consist of the following 
     sites, as generally depicted on a map titled `Dayton Aviation 
     Heritage National Historical Park', numbered 362/80,013 and 
     dated May 2008:
       ``(1) Hawthorn Hill, Oakwood, Ohio.
       ``(2) The Wright Company factory and associated land and 
     buildings, Dayton, Ohio.''.
       (b) Protection of Historic Properties.--Section 102 of the 
     Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 
     410ww-1) is amended--
       (1) in subsection (a), by inserting ``Hawthorn Hill, the 
     Wright Company factory,'' after ``, acquire'';
       (2) in subsection (b), by striking ``Such agreements'' and 
     inserting:

[[Page S9784]]

       ``(d) Conditions.--Cooperative agreements under this 
     section'';
       (3) by inserting before subsection (d) (as added by 
     paragraph 2) the following:
       ``(c) Cooperative Agreements.--The Secretary is authorized 
     to enter into a cooperative agreement with a partner or 
     partners, including the Wright Family Foundation, to operate 
     and provide programming for Hawthorn Hill and charge 
     reasonable fees notwithstanding any other provision of law, 
     which may be used to defray the costs of park operation and 
     programming.''; and
       (4) by striking ``Commission'' and inserting ``Aviation 
     Heritage Foundation''.
       (c) Redesignation of Dayton Aviation Heritage National 
     Historical Park.--
       (1) Redesignation.--The Dayton Aviation Heritage 
     Preservation Act of 1992, is amended--
       (A) by striking ``Dayton Aviation Heritage National 
     Historical Park'' each place it appears and inserting 
     ``Wright Brothers-Dunbar National Historical Park'';
       (B) by redesignating subsection (b) of section 108 as 
     subsection (c); and
       (C) by inserting after subsection (a) of section 108 the 
     following new subsection:
       ``(b) Grant Assistance.--The Secretary is authorized to 
     make grants to the parks' partners, including the Aviation 
     Trail, Inc., the Ohio Historical Society, and Dayton History, 
     for projects not requiring Federal involvement other than 
     providing financial assistance, subject to the availability 
     of appropriations in advance identifying the specific partner 
     grantee and the specific project. Projects funded through 
     these grants shall be limited to construction and development 
     on non-Federal property within the boundaries of the park. 
     Any project funded by such a grant shall support the purposes 
     of the park, shall be consistent with the park's general 
     management plan, and shall enhance public use and enjoyment 
     of the park.''.
       (2) References.--Any reference in any law (other than this 
     title), map, regulation, document, record, or other official 
     paper of the United States to the ``Dayton Aviation Heritage 
     National Historical Park'' shall be considered to be a 
     reference to the ``Wright Brothers-Dunbar National Historical 
     Park''.
       (d) National Aviation Heritage Area.--Title V of division J 
     of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461 
     note; Public Law 108-447), is amended--
       (1) in section 503(3), by striking ``104'' and inserting 
     ``504'';
       (2) in section 503(4), by striking ``106'' and inserting 
     ``506'';
       (3) in section 504, by striking subsection (b)(2) and by 
     redesignating subsection (b)(3) as subsection (b)(2); and
       (4) in section 505(b)(1), by striking ``106'' and inserting 
     ``506''.

     SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.

       Public Law 87-213 (16 U.S.C. 461 note) is amended as 
     follows:
       (1) In the first section--
       (A) by striking ``the Secretary of the Interior'' and 
     inserting ``(a) The Secretary of the Interior'';
       (B) by striking ``476 acres'' and inserting ``646 acres''; 
     and
       (C) by adding at the end the following:
       ``(b) The Secretary may acquire from willing sellers land 
     comprising approximately 55 acres, as depicted on the map 
     titled `Fort Davis Proposed Boundary Expansion', numbered 
     418/80,045, and dated April 2008. The map shall be on file 
     and available for public inspection in the appropriate 
     offices of the National Park Service. Upon acquisition of the 
     land, the land shall be incorporated into the Fort Davis 
     National Historic Site.''.
       (2) By repealing section 3.

                  Subtitle C--Special Resource Studies

     SEC. 7201. WALNUT CANYON STUDY.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Walnut 
     Canyon Proposed Study Area'' and dated July 17, 2007.
       (2) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (3) Study area.--The term ``study area'' means the area 
     identified on the map as the ``Walnut Canyon Proposed Study 
     Area''.
       (b) Study.--
       (1) In general.--The Secretaries shall conduct a study of 
     the study area to assess--
       (A) the suitability and feasibility of designating all or 
     part of the study area as an addition to Walnut Canyon 
     National Monument, in accordance with section 8(c) of Public 
     Law 91-383 (16 U.S.C. 1a-5(c));
       (B) continued management of the study area by the Forest 
     Service; or
       (C) any other designation or management option that would 
     provide for--
       (i) protection of resources within the study area; and
       (ii) continued access to, and use of, the study area by the 
     public.
       (2) Consultation.--The Secretaries shall provide for public 
     comment in the preparation of the study, including 
     consultation with appropriate Federal, State, and local 
     governmental entities.
       (3) Report.--Not later than 18 months after the date on 
     which funds are made available to carry out this section, the 
     Secretaries 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--
       (A) the results of the study; and
       (B) any recommendations of the Secretaries.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.

       (a) Study.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the Tule Lake Segregation Center to 
     determine the national significance of the site and the 
     suitability and feasibility of including the site in the 
     National Park System.
       (2) Study guidelines.--The study shall be conducted in 
     accordance with the criteria for the study of areas for 
     potential inclusion in the National Park System under section 
     8 of Public Law 91-383 (16 U.S.C. 1a-5).
       (3) Consultation.--In conducting the study, the Secretary 
     shall consult with--
       (A) Modoc County;
       (B) the State of California;
       (C) appropriate Federal agencies;
       (D) tribal and local government entities;
       (E) private and nonprofit organizations; and
       (F) private landowners.
       (4) Scope of study.--The study shall include an evaluation 
     of--
       (A) the significance of the site as a part of the history 
     of World War II;
       (B) the significance of the site as the site relates to 
     other war relocation centers;.
       (C) the historical resources of the site, including the 
     stockade, that are intact and in place;
       (D) the contributions made by the local agricultural 
     community to the World War II effort; and
       (E) the potential impact of designation of the site as a 
     unit of the National Park System on private landowners.
       (b) Report.--Not later than 3 years after the date on which 
     funds are made available to conduct the study required under 
     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 describing the findings, conclusions, and 
     recommendations of the study.

     SEC. 7203. ESTATE GRANGE, ST. CROIX.

       (a) Study.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary''), in consultation with 
     the Governor of the Virgin Islands, shall conduct a special 
     resource study of Estate Grange and other sites and resources 
     associated with Alexander Hamilton's life on St. Croix in the 
     United States Virgin Islands.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Secretary shall evaluate--
       (A) the national significance of the sites and resources; 
     and
       (B) the suitability and feasibility of designating the 
     sites and resources as a unit of the National Park System.
       (3) 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 paragraph (1).
       (4) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under paragraph 
     (1), 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--
       (A) the results of the study; and
       (B) any findings, conclusions, and recommendations of the 
     Secretary.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.

       (a) Study.--
       (1) 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 the 
     Harriet Beecher Stowe House in Brunswick, Maine, to 
     evaluate--
       (A) the national significance of the Harriet Beecher Stowe 
     House and surrounding land; and
       (B) the suitability and feasibility of designating the 
     Harriet Beecher Stowe House and surrounding land as a unit of 
     the National Park System.
       (2) Study guidelines.--In conducting the study authorized 
     under paragraph (1), the Secretary shall use the criteria for 
     the study of areas for potential inclusion in the National 
     Park System contained in section 8(c) of Public Law 91-383 
     (16 U.S.C. 1a-5(c)).
       (b) Report.--On completion of the study required under 
     subsection (a), 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 containing the findings, 
     conclusions, and recommendations of the study.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.

       (a) Special Resources Study.--The Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     conduct a special resource study relating to the Battle of

[[Page S9785]]

     Shepherdstown in Shepherdstown, West Virginia, to evaluate--
       (1) the national significance of the Shepherdstown 
     battlefield and sites relating to the Shepherdstown 
     battlefield; and
       (2) the suitability and feasibility of adding the 
     Shepherdstown battlefield and sites relating to the 
     Shepherdstown battlefield as part of--
       (A) Harpers Ferry National Historical Park; or
       (B) Antietam National Battlefield.
       (b) Criteria.--In conducting the study authorized under 
     subsection (a), the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System contained in section 8(c) of Public Law 91-383 (16 
     U.S.C. 1a-5(c)).
       (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 Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report containing 
     the findings, conclusions, and recommendations of the study 
     conducted under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the site of Green McAdoo School in Clinton, 
     Tennessee, (referred to in this section as the ``site'') to 
     evaluate--
       (1) the national significance of the site; and
       (2) the suitability and feasibility of designating the site 
     as a unit of the National Park System.
       (b) Criteria.--In conducting the study under subsection 
     (a), the Secretary shall use the criteria for the study of 
     areas for potential inclusion in the National Park System 
     under section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
       (c) Contents.--The study authorized by this section shall--
       (1) determine the suitability and feasibility of 
     designating the site as a unit of the National Park System;
       (2) include cost estimates for any necessary acquisition, 
     development, operation, and maintenance of the site; and
       (3) identify alternatives for the management, 
     administration, and protection of the site.
       (d) 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 that describes--
       (1) the findings and conclusions of the study; and
       (2) any recommendations of the Secretary.

     SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the Harry S Truman Birthplace State 
     Historic Site (referred to in this section as the 
     ``birthplace site'') in Lamar, Missouri, to determine--
       (1) the suitability and feasibility of--
       (A) adding the birthplace site to the Harry S Truman 
     National Historic Site; or
       (B) designating the birthplace site as a separate unit of 
     the National Park System; and
       (2) the methods and means for the protection and 
     interpretation of the birthplace site by the National Park 
     Service, other Federal, State, or local government entities, 
     or private or nonprofit organizations.
       (b) Study Requirements.--The Secretary shall conduct the 
     study required under subsection (a) in accordance with 
     section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
       (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 conducted under subsection 
     (a); and
       (2) any recommendations of the Secretary with respect to 
     the birthplace site.

     SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the sites and resources at Matewan, West 
     Virginia, associated with the Battle of Matewan (also known 
     as the ``Matewan Massacre'') of May 19, 1920, to determine--
       (1) the suitability and feasibility of designating certain 
     historic areas of Matewan, West Virginia, as a unit of the 
     National Park System; and
       (2) the methods and means for the protection and 
     interpretation of the historic areas by the National Park 
     Service, other Federal, State, or local government entities, 
     or private or nonprofit organizations.
       (b) Study Requirements.--The Secretary shall conduct the 
     study required under subsection (a) in accordance with 
     section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
       (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 conducted under subsection 
     (a); and
       (2) any recommendations of the Secretary with respect to 
     the historic areas.

     SEC. 7209. BUTTERFIELD OVERLAND TRAIL.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study along the route known as the ``Ox-Bow Route'' 
     of the Butterfield Overland Trail (referred to in this 
     section as the ``route'') in the States of Missouri, 
     Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, 
     and California to evaluate--
       (1) a range of alternatives for protecting and interpreting 
     the resources of the route, including alternatives for 
     potential addition of the Trail to the National Trails 
     System; and
       (2) the methods and means for the protection and 
     interpretation of the route by the National Park Service, 
     other Federal, State, or local government entities, or 
     private or nonprofit organizations.
       (b) Study Requirements.--The Secretary shall conduct the 
     study required under subsection (a) in accordance with 
     section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) or 
     section 5(b) of the National Trails System Act (16 U.S.C. 
     1244(b)), as appropriate.
       (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 conducted under subsection 
     (a); and
       (2) any recommendations of the Secretary with respect to 
     the route.

     SEC. 7210. COLD WAR SITES THEME STUDY.

       (a) Definitions.--
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Cold War Advisory Committee established under 
     subsection (c).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study conducted under 
     subsection (b)(1).
       (b) Cold War Theme Study.--
       (1) In general.--The Secretary shall conduct a national 
     historic landmark theme study to identify sites and resources 
     in the United States that are significant to the Cold War.
       (2) Resources.--In conducting the theme study, the 
     Secretary shall consider--
       (A) the inventory of sites and resources associated with 
     the Cold War completed by the Secretary of Defense under 
     section 8120(b)(9) of the Department of Defense 
     Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 
     1906); and
       (B) historical studies and research of Cold War sites and 
     resources, including--
       (i) intercontinental ballistic missiles;
       (ii) flight training centers;
       (iii) manufacturing facilities;
       (iv) communications and command centers (such as Cheyenne 
     Mountain, Colorado);
       (v) defensive radar networks (such as the Distant Early 
     Warning Line);
       (vi) nuclear weapons test sites (such as the Nevada test 
     site); and
       (vii) strategic and tactical aircraft.
       (3) Contents.--The theme study shall include--
       (A) recommendations for commemorating and interpreting 
     sites and resources identified by the theme study, 
     including--
       (i) sites for which studies for potential inclusion in the 
     National Park System should be authorized;
       (ii) sites for which new national historic landmarks should 
     be nominated; and
       (iii) other appropriate designations;
       (B) recommendations for cooperative agreements with--
       (i) State and local governments;
       (ii) local historical organizations; and
       (iii) other appropriate entities; and
       (C) an estimate of the amount required to carry out the 
     recommendations under subparagraphs (A) and (B).
       (4) Consultation.--In conducting the theme study, the 
     Secretary shall consult with--
       (A) the Secretary of the Air Force;
       (B) State and local officials;
       (C) State historic preservation offices; and
       (D) other interested organizations and individuals.
       (5) 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 that describes 
     the findings, conclusions, and recommendations of the theme 
     study.
       (c) Cold War Advisory Committee.--
       (1) Establishment.--As soon as practicable after funds are 
     made available to carry out this section, the Secretary shall 
     establish an advisory committee, to be known as the ``Cold 
     War Advisory Committee'', to assist the Secretary in carrying 
     out this section.
       (2) Composition.--The Advisory Committee shall be composed 
     of 9 members, to be appointed by the Secretary, of whom--
       (A) 3 shall have expertise in Cold War history;

[[Page S9786]]

       (B) 2 shall have expertise in historic preservation;
       (C) 1 shall have expertise in the history of the United 
     States; and
       (D) 3 shall represent the general public.
       (3) Chairperson.--The Advisory Committee shall select a 
     chairperson from among the members of the Advisory Committee.
       (4) Compensation.--A member of the Advisory Committee shall 
     serve without compensation but may be reimbursed by the 
     Secretary for expenses reasonably incurred in the performance 
     of the duties of the Advisory Committee.
       (5) Meetings.--On at least 3 occasions, the Secretary (or a 
     designee) shall meet and consult with the Advisory Committee 
     on matters relating to the theme study.
       (d) Interpretive Handbook on the Cold War.--Not later than 
     4 years after the date on which funds are made available to 
     carry out this section, the Secretary shall--
       (1) prepare and publish an interpretive handbook on the 
     Cold War; and
       (2) disseminate information in the theme study by other 
     appropriate means.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000.

     SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.

       (a) In General.--The Secretary shall complete a special 
     resource study of the site of the Battle of Camden fought in 
     South Carolina on August 16, 1780, and the site of Historic 
     Camden, which is a National Park System Affiliated Area, to 
     determine--
       (1) the suitability and feasibility of designating the 
     sites as a unit or units of the National Park System; and
       (2) 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.
       (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)).
       (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. 7212. FORT SAN GERONIMO, PUERTO RICO.

       (a) Definitions.--In this section:
       (1) Fort san geronimo.--The term ``Fort San Geronimo'' 
     (also known as ``Fortin de San Geronimo del Boqueron'') means 
     the fort and grounds listed on the National Register of 
     Historic Places and located near Old San Juan, Puerto Rico.
       (2) Related resources.--The term ``related resources'' 
     means other parts of the fortification system of old San Juan 
     that are not included within the boundary of San Juan 
     National Historic Site, such as sections of the City Wall or 
     other fortifications.
       (b) Study.--
       (1) In general.--The Secretary shall complete a special 
     resource study of Fort San Geronimo and other related 
     resources, to determine--
       (A) the suitability and feasibility of including Fort San 
     Geronimo and other related resources in the Commonwealth of 
     Puerto Rico as part of San Juan National Historic Site; and
       (B) the methods and means for the protection and 
     interpretation of Fort San Geronimo and other related 
     resources by the National Park Service, other Federal, State, 
     or local government entities or private or non-profit 
     organizations.
       (2) 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)).
       (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.

                   Subtitle D--Program Authorizations

     SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

       The American Battlefield Protection Act of 1996 (16 U.S.C. 
     469k) is amended--
       (1) in subsection (d)(7)(A), by striking ``fiscal years 
     2004 through 2008'' and inserting ``fiscal years 2009 through 
     2013''; and
       (2) by striking subsection (e).

     SEC. 7302. PRESERVE AMERICA PROGRAM.

       (a) Purpose.--The purpose of this section is to authorize 
     the Preserve America Program, including--
       (1) the Preserve America grant program within the 
     Department of the Interior;
       (2) the recognition programs administered by the Advisory 
     Council on Historic Preservation; and
       (3) the related efforts of Federal agencies, working in 
     partnership with State, tribal, and local governments and the 
     private sector, to support and promote the preservation of 
     historic resources.
       (b) Definitions.--In this section:
       (1) Council.--The term ``Council'' means the Advisory 
     Council on Historic Preservation.
       (2) Heritage tourism.--The term ``heritage tourism'' means 
     the conduct of activities to attract and accommodate visitors 
     to a site or area based on the unique or special aspects of 
     the history, landscape (including trail systems), and culture 
     of the site or area.
       (3) Program.--The term ``program'' means the Preserve 
     America Program established under subsection (c)(1).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (c) Establishment.--
       (1) In general.--There is established in the Department of 
     the Interior the Preserve America Program, under which the 
     Secretary, in partnership with the Council, may provide 
     competitive grants to States, local governments (including 
     local governments in the process of applying for designation 
     as Preserve America Communities under subsection (d)), Indian 
     tribes, communities designated as Preserve America 
     Communities under subsection (d), State historic preservation 
     offices, and tribal historic preservation offices to support 
     preservation efforts through heritage tourism, education, and 
     historic preservation planning activities.
       (2) Eligible projects.--
       (A) In general.--The following projects shall be eligible 
     for a grant under this section:
       (i) A project for the conduct of--

       (I) research on, and documentation of, the history of a 
     community; and
       (II) surveys of the historic resources of a community.

       (ii) An education and interpretation project that conveys 
     the history of a community or site.
       (iii) A planning project (other than building 
     rehabilitation) that advances economic development using 
     heritage tourism and historic preservation.
       (iv) A training project that provides opportunities for 
     professional development in areas that would aid a community 
     in using and promoting its historic resources.
       (v) A project to support heritage tourism in a Preserve 
     America Community designated under subsection (d).
       (vi) Other nonconstruction projects that identify or 
     promote historic properties or provide for the education of 
     the public about historic properties that are consistent with 
     the purposes of this section.
       (B) Limitation.--In providing grants under this section, 
     the Secretary shall only provide 1 grant to each eligible 
     project selected for a grant.
       (3) Preference.--In providing grants under this section, 
     the Secretary may give preference to projects that carry out 
     the purposes of both the program and the Save America's 
     Treasures Program.
       (4) Consultation and notification.--
       (A) Consultation.--The Secretary shall consult with the 
     Council in preparing the list of projects to be provided 
     grants for a fiscal year under the program.
       (B) Notification.--Not later than 30 days before the date 
     on which the Secretary provides grants for a fiscal year 
     under the program, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     Natural Resources of the House of Representatives, and the 
     Committee on Appropriations of the House of Representatives a 
     list of any eligible projects that are to be provided grants 
     under the program for the fiscal year.
       (5) Cost-sharing requirement.--
       (A) In general.--The non-Federal share of the cost of 
     carrying out a project provided a grant under this section 
     shall be not less than 50 percent of the total cost of the 
     project.
       (B) Form of non-federal share.--The non-Federal share 
     required under subparagraph (A) shall be in the form of--
       (i) cash; or
       (ii) donated supplies and related services, the value of 
     which shall be determined by the Secretary.
       (C) Requirement.--The Secretary shall ensure that each 
     applicant for a grant has the capacity to secure, and a 
     feasible plan for securing, the non-Federal share for an 
     eligible project required under subparagraph (A) before a 
     grant is provided to the eligible project under the program.
       (d) Designation of Preserve America Communities.--
       (1) Application.--To be considered for designation as a 
     Preserve America Community, a community, tribal area, or 
     neighborhood shall submit to the Council an application 
     containing such information as the Council may require.
       (2) Criteria.--To be designated as a Preserve America 
     Community under the program, a community, tribal area, or 
     neighborhood that submits an application under paragraph (1) 
     shall, as determined by the Council, in consultation with the 
     Secretary, meet criteria required by the Council and, in 
     addition, consider--
       (A) protection and celebration of the heritage of the 
     community, tribal area, or neighborhood;
       (B) use of the historic assets of the community, tribal 
     area, or neighborhood for economic development and community 
     revitalization; and
       (C) encouragement of people to experience and appreciate 
     local historic resources through education and heritage 
     tourism programs.

[[Page S9787]]

       (3) Local governments previously certified for historic 
     preservation activities.--The Council shall establish an 
     expedited process for Preserve America Community designation 
     for local governments previously certified for historic 
     preservation activities under section 101(c)(1) of the 
     National Historic Preservation Act (16 U.S.C. 470a(c)(1)).
       (4) Guidelines.--The Council, in consultation with the 
     Secretary, shall establish any guidelines that are necessary 
     to carry out this subsection.
       (e) Regulations.--The Secretary shall develop any 
     guidelines and issue any regulations that the Secretary 
     determines to be necessary to carry out this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each fiscal year, to remain available until expended.

     SEC. 7303. SAVE AMERICA'S TREASURES PROGRAM.

       (a) Purpose.--The purpose of this section is to authorize 
     within the Department of the Interior the Save America's 
     Treasures Program, to be carried out by the Director of the 
     National Park Service, in partnership with--
       (1) the National Endowment for the Arts;
       (2) the National Endowment for the Humanities;
       (3) the Institute of Museum and Library Services;
       (4) the National Trust for Historic Preservation;
       (5) the National Conference of State Historic Preservation 
     Officers;
       (6) the National Association of Tribal Historic 
     Preservation Officers; and
       (7) the President's Committee on the Arts and the 
     Humanities.
       (b) Definitions.--In this section:
       (1) Collection.--The term ``collection'' means a collection 
     of intellectual and cultural artifacts, including documents, 
     sculpture, and works of art.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     Federal entity, State, local, or tribal government, 
     educational institution, or nonprofit organization.
       (3) Historic property.--The term ``historic property'' has 
     the meaning given the term in section 301 of the National 
     Historic Preservation Act (16 U.S.C. 470w).
       (4) Nationally significant.--The term ``nationally 
     significant'' means a collection or historic property that 
     meets the applicable criteria for national significance, in 
     accordance with regulations promulgated by the Secretary 
     pursuant to section 101(a)(2) of the National Historic 
     Preservation Act (16 U.S.C. 470a(a)(2)).
       (5) Program.--The term ``program'' means the Save America's 
     Treasures Program established under subsection (c)(1).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (c) Establishment.--
       (1) In general.--There is established in the Department of 
     the Interior the Save America's Treasures program, under 
     which the amounts made available to the Secretary under 
     subsection (e) shall be used by the Secretary, in 
     consultation with the organizations described in subsection 
     (a), subject to paragraph (6)(A)(ii), to provide grants to 
     eligible entities for projects to preserve nationally 
     significant collections and historic properties.
       (2) Determination of grants.--Of the amounts made available 
     for grants under subsection (e), not less than 50 percent 
     shall be made available for grants for projects to preserve 
     collections and historic properties, to be distributed 
     through a competitive grant process administered by the 
     Secretary, subject to the eligibility criteria established 
     under paragraph (5).
       (3) Applications for grants.--To be considered for a 
     competitive grant under the program an eligible entity shall 
     submit to the Secretary an application containing such 
     information as the Secretary may require.
       (4) Collections and historic properties eligible for 
     competitive grants.--
       (A) In general.--A collection or historic property shall be 
     provided a competitive grant under the program only if the 
     Secretary determines that the collection or historic property 
     is--
       (i) nationally significant; and
       (ii) threatened or endangered.
       (B) Eligible collections.--A determination by the Secretary 
     regarding the national significance of collections under 
     subparagraph (A)(i) shall be made in consultation with the 
     organizations described in subsection (a), as appropriate.
       (C) Eligible historic properties.--To be eligible for a 
     competitive grant under the program, a historic property 
     shall, as of the date of the grant application--
       (i) be listed in the National Register of Historic Places 
     at the national level of significance; or
       (ii) be designated as a National Historic Landmark.
       (5) Selection criteria for grants.--
       (A) In general.--The Secretary shall not provide a grant 
     under this section to a project for an eligible collection or 
     historic property unless the project--
       (i) eliminates or substantially mitigates the threat of 
     destruction or deterioration of the eligible collection or 
     historic property;
       (ii) has a clear public benefit; and
       (iii) is able to be completed on schedule and within the 
     budget described in the grant application.
       (B) Preference.--In providing grants under this section, 
     the Secretary may give preference to projects that carry out 
     the purposes of both the program and the Preserve America 
     Program.
       (C) Limitation.--In providing grants under this section, 
     the Secretary shall only provide 1 grant to each eligible 
     project selected for a grant.
       (6) Consultation and notification by secretary.--
       (A) Consultation.--
       (i) In general.--Subject to clause (ii), the Secretary 
     shall consult with the organizations described in subsection 
     (a) in preparing the list of projects to be provided grants 
     for a fiscal year by the Secretary under the program.
       (ii) Limitation.--If an entity described in clause (i) has 
     submitted an application for a grant under the program, the 
     entity shall be recused by the Secretary from the 
     consultation requirements under that clause and paragraph 
     (1).
       (B) Notification.--Not later than 30 days before the date 
     on which the Secretary provides grants for a fiscal year 
     under the program, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate, the 
     Committee on Appropriations of the Senate, the Committee on 
     Natural Resources of the House of Representatives, and the 
     Committee on Appropriations of the House of Representatives a 
     list of any eligible projects that are to be provided grants 
     under the program for the fiscal year.
       (7) Cost-sharing requirement.--
       (A) In general.--The non-Federal share of the cost of 
     carrying out a project provided a grant under this section 
     shall be not less than 50 percent of the total cost of the 
     project.
       (B) Form of non-federal share.--The non-Federal share 
     required under subparagraph (A) shall be in the form of--
       (i) cash; or
       (ii) donated supplies or related services, the value of 
     which shall be determined by the Secretary.
       (C) Requirement.--The Secretary shall ensure that each 
     applicant for a grant has the capacity and a feasible plan 
     for securing the non-Federal share for an eligible project 
     required under subparagraph (A) before a grant is provided to 
     the eligible project under the program.
       (d) Regulations.--The Secretary shall develop any 
     guidelines and issue any regulations that the Secretary 
     determines to be necessary to carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each fiscal year, to remain available until expended.

     SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.

       Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113 
     Stat. 226) is amended by striking ``2009'' and inserting 
     ``2019''.

     SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.

       The National Cave and Karst Research Institute Act of 1998 
     (16 U.S.C. 4310 note; Public Law 105-325) is amended by 
     striking section 5 and inserting the following:

     ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''.

                    Subtitle E--Advisory Commissions

     SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY 
                   COMMISSION.

       Section 505(f)(7) of the National Parks and Recreation Act 
     of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ``ten 
     years after the date of enactment of the Na Hoa Pili O 
     Kaloko-Honokohau Re-establishment Act of 1996'' and inserting 
     ``on December 31, 2018''.

     SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.

       Effective September 26, 2008, section 8(a) of Public Law 
     87-126 (16 U.S.C. 459b-7(a)) is amended in the second 
     sentence by striking ``2008'' and inserting ``2018''.

     SEC. 7403. NATIONAL PARK SYSTEM ADVISORY BOARD.

       Section 3(f) of the Act of August 21, 1935 (16. U.S.C. 
     463(f)), is amended in the first sentence by striking 
     ``2009'' and inserting ``2010''.

     SEC. 7404. CONCESSIONS MANAGEMENT ADVISORY BOARD.

       Section 409(d) of the National Park Service Concessions 
     Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is 
     amended in the first sentence by striking ``2008'' and 
     inserting ``2009''.

     SEC. 7405. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.

       (a) Definitions.--In this section:
       (1) Commemoration.--The term ``commemoration'' means the 
     commemoration of the 450th anniversary of the founding of the 
     settlement of St. Augustine, Florida.
       (2) Commission.--The term ``Commission'' means the St. 
     Augustine 450th Commemoration Commission established by 
     subsection (b)(1).
       (3) Governor.--The term ``Governor'' means the Governor of 
     the State.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--
       (A) In general.--The term ``State'' means the State of 
     Florida.
       (B) Inclusion.--The term ``State'' includes agencies and 
     entities of the State of Florida.
       (b) Establishment.--

[[Page S9788]]

       (1) In general.--There is established a commission, to be 
     known as the ``St. Augustine 450th Commemoration 
     Commission''.
       (2) Membership.--
       (A) Composition.--The Commission shall be composed of 14 
     members, of whom--
       (i) 3 members shall be appointed by the Secretary, after 
     considering the recommendations of the St. Augustine City 
     Commission;
       (ii) 3 members shall be appointed by the Secretary, after 
     considering the recommendations of the Governor;
       (iii) 1 member shall be an employee of the National Park 
     Service having experience relevant to the historical 
     resources relating to the city of St. Augustine and the 
     commemoration, to be appointed by the Secretary;
       (iv) 1 member shall be appointed by the Secretary, taking 
     into consideration the recommendations of the Mayor of the 
     city of St. Augustine;
       (v) 1 member shall be appointed by the Secretary, after 
     considering the recommendations of the Chancellor of the 
     University System of Florida; and
       (vi) 5 members shall be individuals who are residents of 
     the State who have an interest in, support for, and expertise 
     appropriate to the commemoration, to be appointed by the 
     Secretary, taking into consideration the recommendations of 
     Members of Congress.
       (B) Time of appointment.--Each appointment of an initial 
     member of the Commission shall be made before the expiration 
     of the 120-day period beginning on the date of enactment of 
     this Act.
       (C) Term; vacancies.--
       (i) Term.--A member of the Commission shall be appointed 
     for the life of the Commission.
       (ii) Vacancies.--

       (I) In general.--A vacancy on the Commission shall be 
     filled in the same manner in which the original appointment 
     was made.
       (II) 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.

       (iii) Continuation of membership.--If a member of the 
     Commission was appointed to the Commission as Mayor of the 
     city of St. Augustine or as an employee of the National Park 
     Service or the State University System of Florida, and ceases 
     to hold such position, that member may continue to serve on 
     the Commission for not longer than the 30-day period 
     beginning on the date on which that member ceases to hold the 
     position.
       (3) Duties.--The Commission shall--
       (A) plan, develop, and carry out programs and activities 
     appropriate for the commemoration;
       (B) facilitate activities relating to the commemoration 
     throughout the United States;
       (C) encourage civic, patriotic, historical, educational, 
     artistic, religious, economic, and other organizations 
     throughout the United States to organize and participate in 
     anniversary activities to expand understanding and 
     appreciation of the significance of the founding and 
     continuing history of St. Augustine;
       (D) provide technical assistance to States, localities, and 
     nonprofit organizations to further the commemoration;
       (E) coordinate and facilitate for the public scholarly 
     research on, publication about, and interpretation of, St. 
     Augustine;
       (F) ensure that the commemoration provides a lasting legacy 
     and long-term public benefit by assisting in the development 
     of appropriate programs; and
       (G) help ensure that the observances of the foundation of 
     St. Augustine are inclusive and appropriately recognize the 
     experiences and heritage of all individuals present when St. 
     Augustine was founded.
       (c) Commission Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (2) Meetings.--The Commission shall meet--
       (A) at least 3 times each year; or
       (B) at the call of the Chairperson or the majority of the 
     members of the Commission.
       (3) Quorum.--A majority of the 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.--The Commission shall act only on an 
     affirmative vote of a majority of the members of the 
     Commission.
       (d) 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 and technical assistance.--The Commission may--
       (A) provide grants in amounts not to exceed $20,000 per 
     grant to communities and nonprofit organizations for use in 
     developing programs to assist in the commemoration;
       (B) provide grants to research and scholarly organizations 
     to research, publish, or distribute information relating to 
     the early history of St. Augustine; and
       (C) provide technical assistance to States, localities, and 
     nonprofit organizations to further the commemoration.
       (e) Commission Personnel Matters.--
       (1) Compensation of members.--
       (A) In general.--Except as provided in paragraph (2), 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 other than 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) Director and staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), nominate an executive director to enable the 
     Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by 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) Detail.--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; and
       (ii) reimburse the State for services of detailed 
     personnel.
       (6) Procurement of temporary and intermittent services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     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 such title.
       (7) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use such voluntary and uncompensated services 
     as the Commission determines to be necessary.
       (8) Support services.--
       (A) In general.--The Secretary shall provide to the 
     Commission, on a reimbursable basis, such administrative 
     support services as the Commission may request.
       (B) Reimbursement.--Any reimbursement under this paragraph 
     shall be credited to the appropriation, fund, or account used 
     for paying the amounts reimbursed.
       (9) FACA nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (10) No effect on authority.--Nothing in this subsection 
     supersedes the authority of the State, the National Park 
     Service, the city of St. Augustine, or any designee of those 
     entities, with respect to the commemoration.
       (f) Plans; Reports.--
       (1) Strategic plan.--The Commission shall prepare a 
     strategic plan for the activities of the Commission carried 
     out under this section.

[[Page S9789]]

       (2) Final report.--Not later than September 30, 2015, the 
     Commission shall complete and submit to Congress a final 
     report that contains--
       (A) a summary of the activities of the Commission;
       (B) a final accounting of funds received and expended by 
     the Commission; and
       (C) the findings and recommendations of the Commission.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Commission to carry out this section $500,000 for each of 
     fiscal years 2009 through 2015.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until December 31, 2015.
       (h) Termination of Commission.--
       (1) Date of termination.--The Commission shall terminate on 
     December 31, 2015.
       (2) Transfer of documents and materials.--Before the date 
     of termination specified in paragraph (1), the Commission 
     shall transfer all documents and materials of the Commission 
     to the National Archives or another appropriate Federal 
     entity.

                         Subtitle F--Memorials

     SEC. 7501. REAUTHORIZATION OF MEMORIAL TO MARTIN LUTHER KING, 
                   JR.

       Section 508(b)(2) of the Omnibus Parks and Public Lands 
     Management Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 
     114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) is amended by 
     striking ``November 12, 2008'' and inserting ``November 12, 
     2009''.

                  TITLE VIII--NATIONAL HERITAGE AREAS

           Subtitle A--Designation of National Heritage Areas

     SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Sangre de Cristo National Heritage Area established by 
     subsection (b)(1).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by subsection (b)(4).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (d).
       (4) Map.--The term ``map'' means the map entitled 
     ``Proposed Sangre De Cristo National Heritage Area'' and 
     dated November 2005.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Colorado.
       (b) Sangre De Cristo National Heritage Area.--
       (1) Establishment.--There is established in the State the 
     Sangre de Cristo National Heritage Area.
       (2) Boundaries.--The Heritage Area shall consist of--
       (A) the counties of Alamosa, Conejos, and Costilla; and
       (B) the Monte Vista National Wildlife Refuge, the Baca 
     National Wildlife Refuge, the Great Sand Dunes National Park 
     and Preserve, and other areas included in the map.
       (3) Map.--A map of the Heritage Area shall be--
       (A) included in the management plan; and
       (B) on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Management entity.--
       (A) In general.--The management entity for the Heritage 
     Area shall be the Sangre de Cristo National Heritage Area 
     Board of Directors.
       (B) Membership requirements.--Members of the Board shall 
     include representatives from a broad cross-section of the 
     individuals, agencies, organizations, and governments that 
     were involved in the planning and development of the Heritage 
     Area before the date of enactment of this Act.
       (c) Administration.--
       (1) Authorities.--For purposes of carrying out the 
     management plan, the Secretary, acting through the management 
     entity, may use amounts made available under this section 
     to--
       (A) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (C) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (D) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (E) contract for goods or services; and
       (F) undertake to be a catalyst for any other activity that 
     furthers the Heritage Area and is consistent with the 
     approved management plan.
       (2) Duties.--The management entity shall--
       (A) in accordance with subsection (d), prepare and submit a 
     management plan for the Heritage Area to the Secretary;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in carrying out 
     the approved management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest 
     are posted throughout the Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (E) for any year that Federal funds have been received 
     under this section--
       (i) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the management entity 
     (including grants to any other entities during the year that 
     the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the funds and any matching 
     funds;
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this section to acquire real property or any interest 
     in real property.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this section shall be 50 percent.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit to 
     the Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan shall--
       (A) incorporate an integrated and cooperative approach for 
     the protection, enhancement, and interpretation of the 
     natural, cultural, historic, scenic, and recreational 
     resources of the Heritage Area;
       (B) take into consideration State and local plans;
       (C) include--
       (i) an inventory of--

       (I) the resources located in the core area described in 
     subsection (b)(2); and
       (II) any other property in the core area that--

       (aa) is related to the themes of the Heritage Area; and
       (bb) should be preserved, restored, managed, or maintained 
     because of the significance of the property;
       (ii) comprehensive policies, strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to protect 
     the natural, historical and cultural resources of the 
     Heritage Area;
       (iv) a program of implementation for the management plan by 
     the management entity that includes a description of--

       (I) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and
       (II) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the management plan;
       (vi) analysis and recommendations for means by which local, 
     State, and Federal programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this section; and
       (vii) an interpretive plan for the Heritage Area; and
       (D) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area.
       (3) Deadline.--If a proposed management plan is not 
     submitted to the Secretary by the date that is 3 years after 
     the date of enactment of this Act, the management entity 
     shall be ineligible to receive additional funding under this 
     section until the date that the Secretary receives and 
     approves the management plan.
       (4) Approval or disapproval of management plan.--

[[Page S9790]]

       (A) In general.--Not later than 180 days after the date of 
     receipt of the management plan under paragraph (1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (ii) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan; and
       (iii) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the management plan under subparagraph (A), the 
     Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) not later than 180 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (D) Amendments.--
       (i) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines make a substantial change to the management plan.
       (ii) Use of funds.--The management entity shall not use 
     Federal funds authorized by this section to carry out any 
     amendments to the management plan until the Secretary has 
     approved the amendments.
       (e) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the management entity 
     to the maximum extent practicable.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (f) Private Property and Regulatory Protections.--Nothing 
     in this section--
       (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 Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, 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, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (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 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.
       (g) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the management entity with 
     respect to--
       (i) accomplishing the purposes of this section for the 
     Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000, of 
     which not more than $1,000,000 may be made available for any 
     fiscal year.
       (i) Termination of Authority.--The authority of the 
     Secretary to provide assistance under this section terminates 
     on the date that is 15 years after the date of enactment of 
     this Act.

     SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, 
                   COLORADO.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Cache La Poudre River National Heritage Area established by 
     subsection (b)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Poudre Heritage Alliance, the 
     local coordinating entity for the Heritage Area designated by 
     subsection (b)(4).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (d)(1).
       (4) Map.--The term ``map'' means the map entitled ``Cache 
     La Poudre River National Heritage Area'', numbered 960/
     80,003, and dated April, 2004.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Colorado.
       (b) Cache La Poudre River National Heritage Area.--
       (1) Establishment.--There is established in the State the 
     Cache La Poudre River National Heritage Area.
       (2) Boundaries.--The Heritage Area shall consist of the 
     area depicted on the map.
       (3) Map.--The map shall be on file and available for public 
     inspection in the appropriate offices of--
       (A) the National Park Service; and
       (B) the local coordinating entity.
       (4) Local coordinating entity.--The local coordinating 
     entity for the Heritage Area shall be the Poudre Heritage 
     Alliance, a nonprofit organization incorporated in the State.
       (c) Administration.--
       (1) Authorities.--To carry out the management plan, the 
     Secretary, acting through the local coordinating entity, may 
     use amounts made available under this section--
       (A) to make grants to the State (including any political 
     subdivision of the State), nonprofit organizations, and other 
     individuals;
       (B) to enter into cooperative agreements with, or provide 
     technical assistance to, the State (including any political 
     subdivision of the State), nonprofit organizations, and other 
     interested parties;
       (C) to hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resource protection, and heritage programming;
       (D) to obtain funds or services from any source, including 
     funds or services that are provided under any other Federal 
     law or program;
       (E) to enter into contracts for goods or services; and
       (F) to serve as a catalyst for any other activity that--
       (i) furthers the purposes and goals of the Heritage Area; 
     and
       (ii) is consistent with the approved management plan.
       (2) Duties.--The local coordinating entity shall--
       (A) in accordance with subsection (d), prepare and submit 
     to the Secretary a management plan for the Heritage Area;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in carrying out 
     the approved management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values located in the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     the natural, historical, scenic, and cultural resources of 
     the Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest, 
     are posted throughout the Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area;

[[Page S9791]]

       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (E) for any year for which Federal funds have been received 
     under this section--
       (i) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the local 
     coordinating entity (including grants to any other entities 
     during the year that the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the funds and any matching 
     funds; and
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (3) Prohibition on the acquisition of real property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this section to acquire real property or any 
     interest in real property.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit to the Secretary for approval a proposed management 
     plan for the Heritage Area.
       (2) Requirements.--The management plan shall--
       (A) incorporate an integrated and cooperative approach for 
     the protection, enhancement, and interpretation of the 
     natural, cultural, historic, scenic, educational, and 
     recreational resources of the Heritage Area;
       (B) take into consideration State and local plans;
       (C) include--
       (i) an inventory of the resources located in the Heritage 
     Area;
       (ii) comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to protect 
     the natural, cultural, historic, scenic, educational, and 
     recreational resources of the Heritage Area;
       (iv) a program of implementation for the management plan by 
     the local coordinating entity that includes a description 
     of--

       (I) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and
       (II) specific commitments for implementation that have been 
     made by the local coordinating entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the management plan;
       (vi) analysis and recommendations for means by which local, 
     State, and Federal programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this section; and
       (vii) an interpretive plan for the Heritage Area; and
       (D) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the natural, cultural, 
     historic, scenic, educational, and recreational resources of 
     the Heritage Area.
       (3) Deadline.--If a proposed management plan is not 
     submitted to the Secretary by the date that is 3 years after 
     the date of enactment of this Act, the local coordinating 
     entity shall be ineligible to receive additional funding 
     under this section until the date on which the Secretary 
     approves a management plan.
       (4) Approval or disapproval of management plan.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of the management plan under paragraph (1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity is representative of the 
     diverse interests of the Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, and 
     recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan; and
       (iii) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, cultural, historic, scenic, 
     educational, and recreational resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the management plan under subparagraph (A), the 
     Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) not later than 180 days after the date of receipt of 
     any proposed revision of the management plan from the local 
     coordinating entity, approve or disapprove the proposed 
     revision.
       (5) Amendments.--
       (A) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines would make a substantial change to the management 
     plan.
       (B) Use of funds.--The local coordinating entity shall not 
     use Federal funds authorized to be appropriated by this 
     section to carry out any amendments to the management plan 
     until the Secretary has approved the amendments.
       (e) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law (including 
     regulations).
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any law (including any 
     regulation) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (f) Private Property and Regulatory Protections.--Nothing 
     in this section--
       (1) abridges the rights of any public or private property 
     owner, including the right to refrain from participating in 
     any plan, project, program, or activity conducted within the 
     Heritage Area;
       (2) requires any property owner--
       (A) to permit public access (including access by Federal, 
     State, or local agencies) to the property of the property 
     owner; or
       (B) to modify public access or use of property of the 
     property owner under any other Federal, State, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State, or local agency;
       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (7) creates any liability, or affects any liability under 
     any other law (including regulations), of any private 
     property owner with respect to any individual injured on the 
     private property.
       (g) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of this section for the 
     Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area to identify 
     the critical components for sustainability of the Heritage 
     Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (h) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000, of 
     which

[[Page S9792]]

     not more than $1,000,000 may be made available for any fiscal 
     year.
       (2) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this section shall be 50 percent.
       (i) Termination of Authority.--The authority of the 
     Secretary to provide assistance under this section terminates 
     on the date that is 15 years after the date of enactment of 
     this Act.
       (j) Conforming Amendment.--The Cache La Poudre River 
     Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is 
     repealed.

     SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the South Park National Heritage Area, comprised initially 
     of the individuals, agencies, organizations, and governments 
     that were involved in the planning and development of the 
     Heritage Area before the date of enactment of this Act.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     South Park National Heritage Area established by subsection 
     (b)(1).
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by subsection (b)(4)(A).
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required by 
     subsection (d).
       (5) Map.--The term ``map'' means the map entitled ``South 
     Park National Heritage Area Map (Proposed)'', dated January 
     30, 2006.
       (6) Partner.--The term ``partner'' means a Federal, State, 
     or local governmental entity, organization, private industry, 
     educational institution, or individual involved in the 
     conservation, preservation, interpretation, development or 
     promotion of heritage sites or resources of the Heritage 
     Area.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State.--The term ``State'' means the State of Colorado.
       (9) Technical assistance.--The term ``technical 
     assistance'' means any guidance, advice, help, or aid, other 
     than financial assistance, provided by the Secretary.
       (b) South Park National Heritage Area.--
       (1) Establishment.--There is established in the State the 
     South Park National Heritage Area.
       (2) Boundaries.--The Heritage Area shall consist of the 
     areas included in the map.
       (3) Map.--A map of the Heritage Area shall be--
       (A) included in the management plan; and
       (B) on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (4) Management entity.--
       (A) In general.--The management entity for the Heritage 
     Area shall be the Park County Tourism & Community Development 
     Office, in conjunction with the South Park National Heritage 
     Area Board of Directors.
       (B) Membership requirements.--Members of the Board shall 
     include representatives from a broad cross-section of 
     individuals, agencies, organizations, and governments that 
     were involved in the planning and development of the Heritage 
     Area before the date of enactment of this Act.
       (c) Administration.--
       (1) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this section to acquire real property or any interest 
     in real property.
       (2) Authorities.--For purposes of carrying out the 
     management plan, the Secretary, acting through the management 
     entity, may use amounts made available under this section 
     to--
       (A) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (C) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, fundraising, heritage 
     facility planning and development, and heritage tourism 
     programming;
       (D) obtain funds or services from any source, including 
     funds or services that are provided under any other Federal 
     law or program;
       (E) enter into contracts for goods or services; and
       (F) to facilitate the conduct of other projects and 
     activities that further the Heritage Area and are consistent 
     with the approved management plan.
       (3) Duties.--The management entity shall--
       (A) in accordance with subsection (d), prepare and submit a 
     management plan for the Heritage Area to the Secretary;
       (B) assist units of local government, local property owners 
     and businesses, and nonprofit organizations in carrying out 
     the approved management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, enhance, and promote important resource values in 
     the Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing economic, recreational and educational 
     opportunities in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     historical, cultural, scenic, recreational, agricultural, and 
     natural resources of the Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest 
     are posted throughout the Heritage Area;
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area; and
       (viii) planning and developing new heritage attractions, 
     products and services;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (E) for any year for which Federal funds have been received 
     under this section--
       (i) submit to the Secretary an annual report that describes 
     the activities, expenses, and income of the management entity 
     (including grants to any other entities during the year that 
     the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the Federal funds and any 
     matching funds; and
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this section shall be 50 percent.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity, with public 
     participation, shall submit to the Secretary for approval a 
     proposed management plan for the Heritage Area.
       (2) Requirements.--The management plan shall--
       (A) incorporate an integrated and cooperative approach for 
     the protection, enhancement, interpretation, development, and 
     promotion of the historical, cultural, scenic, recreational, 
     agricultural, and natural resources of the Heritage Area;
       (B) take into consideration State and local plans;
       (C) include--
       (i) an inventory of--

       (I) the resources located within the areas included in the 
     map; and
       (II) any other eligible and participating property within 
     the areas included in the map that--

       (aa) is related to the themes of the Heritage Area; and
       (bb) should be preserved, restored, managed, maintained, 
     developed, or promoted because of the significance of the 
     property;
       (ii) comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, 
     development, and promotion of the Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to manage 
     protect the historical, cultural, scenic, recreational, 
     agricultural, and natural resources of the Heritage Area;
       (iv) a program of implementation for the management plan by 
     the management entity that includes a description of--

       (I) actions to facilitate ongoing and effective 
     collaboration among partners to promote plans for resource 
     protection, enhancement, interpretation, restoration, and 
     construction; and
       (II) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the management plan;
       (vi) an analysis of and recommendations for means by which 
     Federal, State, and local programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this section; and
       (vii) an interpretive plan for the Heritage Area; and
       (D) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the historical, cultural, 
     scenic, recreational, agricultural, and natural resources of 
     the Heritage Area.
       (3) Deadline.--If a proposed management plan is not 
     submitted to the Secretary by the date that is 3 years after 
     the date of enactment of this Act, the management entity 
     shall be ineligible to receive additional funding under this 
     section until the date on which the Secretary receives and 
     approves the management plan.

[[Page S9793]]

       (4) Approval or disapproval of management plan.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of the management plan under paragraph (1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historical resource protection organizations, 
     educational institutions, local businesses and industries, 
     community organizations, recreational organizations, and 
     tourism organizations;
       (ii) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan; and
       (iii) strategies contained in the management plan, if 
     implemented, would adequately balance the voluntary 
     protection, development, and interpretation of the natural, 
     historical, cultural, scenic, recreational, and agricultural 
     resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the management plan under subparagraph (A), the 
     Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) not later than 180 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (D) Amendments.--
       (i) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines makes a substantial change to the management plan.
       (ii) Use of funds.--The management entity shall not use 
     Federal funds authorized by this section to carry out any 
     amendments to the management plan until the Secretary has 
     approved the amendments.
       (e) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the management entity 
     to the maximum extent practicable.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (f) Private Property and Regulatory Protections.--Nothing 
     in this section--
       (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 Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, 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, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (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 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.
       (g) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the management entity with 
     respect to--
       (i) accomplishing the purposes of this section for the 
     Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000, of 
     which not more than $1,000,000 may be made available for any 
     fiscal year.
       (i) Termination of Authority.--The authority of the 
     Secretary to provide assistance under this section terminates 
     on the date that is 15 years after the date of enactment of 
     this Act.

     SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH 
                   DAKOTA.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Northern Plains National Heritage Area established by 
     subsection (b)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Northern Plains Heritage 
     Foundation, the local coordinating entity for the Heritage 
     Area designated by subsection (c)(1).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (d).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of North 
     Dakota.
       (b) Establishment.--
       (1) In general.--There is established the Northern Plains 
     National Heritage Area in the State of North Dakota.
       (2) Boundaries.--The Heritage Area shall consist of--
       (A) a core area of resources in Burleigh, McLean, Mercer, 
     Morton, and Oliver Counties in the State; and
       (B) any sites, buildings, and districts within the core 
     area recommended by the management plan for inclusion in the 
     Heritage Area.
       (3) Map.--A map of the Heritage Area shall be--
       (A) included in the management plan; and
       (B) on file and available for public inspection in the 
     appropriate offices of the local coordinating entity and the 
     National Park Service.
       (c) Local Coordinating Entity.--
       (1) In general.--The local coordinating entity for the 
     Heritage Area shall be the Northern Plains Heritage 
     Foundation, a nonprofit corporation established under the 
     laws of the State.
       (2) Duties.--To further the purposes of the Heritage Area, 
     the Northern Plains Heritage Foundation, as the local 
     coordinating entity, shall--
       (A) prepare a management plan for the Heritage Area, and 
     submit the management plan to the Secretary, in accordance 
     with this section;
       (B) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section, specifying--
       (i) the specific performance goals and accomplishments of 
     the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (C) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds; and
       (D) encourage economic viability and sustainability that is 
     consistent with the purposes of the Heritage Area.
       (3) Authorities.--For the purposes of preparing and 
     implementing the approved management plan for the Heritage 
     Area, the local coordinating entity may use Federal funds 
     made available under this section to--
       (A) make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the Heritage Area;
       (B) enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (C) hire and compensate staff, including individuals with 
     expertise in--
       (i) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;

[[Page S9794]]

       (ii) economic and community development; and
       (iii) heritage planning;
       (D) obtain funds or services from any source, including 
     other Federal programs;
       (E) contract for goods or services; and
       (F) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (4) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds authorized to 
     be appropriated under this section to acquire any interest in 
     real property.
       (5) Other sources.--Nothing in this section precludes the 
     local coordinating entity from using Federal funds from other 
     sources for authorized purposes.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit to the Secretary for approval a proposed management 
     plan for the Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered by the Heritage Area and encouraging long-term 
     resource protection, enhancement, interpretation, funding, 
     management, and development of the Heritage Area;
       (B) 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 Heritage Area;
       (C) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (D) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the national importance and 
     themes of the Heritage Area that should be protected, 
     enhanced, interpreted, managed, funded, and developed;
       (E) 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 
     Heritage Area;
       (F) describe a program for implementation for the 
     management plan, including--
       (i) performance goals;
       (ii) plans for resource protection, enhancement, 
     interpretation, funding, management, and development; and
       (iii) 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;
       (G) 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 
     Heritage Area) to further the purposes of this section; and
       (H) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities described in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Deadline.--
       (A) In general.--Not later than 3 years after the date on 
     which funds are first made available to develop the 
     management plan after designation of the Heritage Area, the 
     local coordinating entity shall submit the management plan to 
     the Secretary for approval.
       (B) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with subparagraph 
     (A), the local coordinating entity shall not qualify for any 
     additional financial assistance under this section until such 
     time as the management plan is submitted to and approved by 
     the Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after receiving the 
     plan, the Secretary shall review and approve or disapprove 
     the management plan for the Heritage Area on the basis of the 
     criteria established under subparagraph (B).
       (B) Criteria for approval.--In determining whether to 
     approve a management plan for the Heritage Area, the 
     Secretary shall consider whether--
       (i) the local coordinating entity represents the diverse 
     interests of the 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;
       (ii) 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;

       (iii) 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 Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal land under public land laws 
     or land use plans;
       (v) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan;
       (vi) 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
       (vii) 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.
       (C) Disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (D) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized to be appropriated by this 
     section to implement an amendment to the management plan 
     until the Secretary approves the amendment.
       (E) Authorities.--The Secretary may--
       (i) provide technical assistance under this section for the 
     development and implementation of the management plan; and
       (ii) enter into cooperative agreements with interested 
     parties to carry out this section.
       (e) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide financial assistance and, 
     on a reimbursable or nonreimbursable basis, technical 
     assistance to the local coordinating entity to develop and 
     implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (C) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (i) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (ii) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (4) Other federal agencies.--Nothing in this section--
       (A) modifies or alters any laws (including regulations) 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (f) Private Property and Regulatory Protections.--Nothing 
     in this section--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to--
       (A) permit public access (including access by Federal, 
     State, or local agencies) to the property of the property 
     owner; or
       (B) modify public access to, or use of, the property of the 
     property owner under any other Federal, State, 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;

[[Page S9795]]

       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (7) 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.
       (g) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (i), the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of this section for the 
     Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution may be in the form 
     of in-kind contributions of goods or services fairly valued.
       (i) Termination of Authority.--The authority of the 
     Secretary to provide assistance under this section terminates 
     on the date that is 15 years after the date of enactment of 
     this Act.

     SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Baltimore National Heritage Area, established by subsection 
     (b)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by subsection (b)(4).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (c)(1)(A).
       (4) Map.--The term ``map'' means the map entitled 
     ``Baltimore National Heritage Area'', numbered T10/80,000, 
     and dated October 2007.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Maryland.
       (b) Baltimore National Heritage Area.--
       (1) Establishment.--There is established the Baltimore 
     National Heritage Area in the State.
       (2) Boundaries.--The Heritage Area shall be comprised of 
     the following areas, as described on the map:
       (A) The area encompassing the Baltimore City Heritage Area 
     certified by the Maryland Heritage Areas Authority in October 
     2001 as part of the Baltimore City Heritage Area Management 
     Action Plan.
       (B) The Mount Auburn Cemetery.
       (C) The Cylburn Arboretum.
       (D) The Middle Branch of the Patapsco River and surrounding 
     shoreline, including--
       (i) the Cruise Maryland Terminal;
       (ii) new marina construction;
       (iii) the National Aquarium Aquatic Life Center;
       (iv) the Westport Redevelopment;
       (v) the Gwynns Falls Trail;
       (vi) the Baltimore Rowing Club; and
       (vii) the Masonville Cove Environmental Center.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service and the Baltimore Heritage Area 
     Association.
       (4) Local coordinating entity.--The Baltimore Heritage Area 
     Association shall be the local coordinating entity for the 
     Heritage Area.
       (c) Duties and Authorities of Local Coordinating Entity.--
       (1) Duties of the local coordinating entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (A) prepare, and submit to the Secretary, in accordance 
     with subsection (d), a management plan for the Heritage Area;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historic, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with the themes of 
     the Heritage Area;
       (vi) ensuring that signs identifying points of public 
     access and sites of interest are posted throughout the 
     Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (E) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section specifying--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (F) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds;
       (G) require in all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organizations make available for audit all records and other 
     information pertaining to the expenditure of the funds; and
       (H) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (2) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan, 
     use Federal funds made available under this section to--
       (A) make grants to the State, political subdivisions of the 
     State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, Federal agencies, and 
     other interested parties;
       (C) hire and compensate staff;
       (D) obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (E) contract for goods or services; and
       (F) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds received under 
     this section to acquire any interest in real property.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to develop the management 
     plan, the local coordinating entity shall submit to the 
     Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     region and encouraging long-term resource protection, 
     enhancement, interpretation, funding, management, and 
     development of the Heritage Area;
       (B) take into consideration existing State, county, and 
     local plans in the development and implementation of the 
     management plan;
       (C) include a description of actions and commitments that 
     governments, private organizations, and citizens plan to take 
     to protect, enhance, and interpret the natural, historic, 
     scenic, and cultural resources of the Heritage Area;

[[Page S9796]]

       (D) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (E) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the stories and themes of the 
     region that should be protected, enhanced, managed, or 
     developed;
       (F) recommend policies and strategies for resource 
     management including, the development of intergovernmental 
     and interagency agreements to protect the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area;
       (G) describe a program for implementation of the management 
     plan, including--
       (i) performance goals;
       (ii) plans for resource protection, enhancement, and 
     interpretation; and
       (iii) specific commitments for implementation that have 
     been made by the local coordinating entity or any government, 
     organization, business, or individual;
       (H) include an analysis of, and recommendations for, ways 
     in 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 
     Heritage Area) to further the purposes of this section;
       (I) include an interpretive plan for the Heritage Area; and
       (J) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities described in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this section, 
     the local coordinating entity shall not qualify for 
     additional financial assistance under this section until the 
     management plan is submitted to, and approved by, the 
     Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after the date on 
     which the Secretary receives the management plan, the 
     Secretary shall approve or disapprove the management plan.
       (B) Consultation required.--The Secretary shall consult 
     with the Governor of the State and any tribal government in 
     which the Heritage Area is located before approving the 
     management plan.
       (C) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, community residents, 
     and recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement 
     (including through workshops and public meetings) in the 
     preparation of the management plan;
       (iii) the resource protection and interpretation strategies 
     described in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (v) 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 aspects of the management plan; and
       (vi) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the management plan.
       (D) Action following disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (E) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized to be appropriated by this 
     section to implement an amendment to the management plan 
     until the Secretary approves the amendment.
       (e) Duties and Authorities of the Secretary.--
       (1) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance, on a reimbursable or nonreimbursable basis (as 
     determined by the Secretary), to the local coordinating 
     entity to develop and implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (C) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (i) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (ii) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (2) Evaluation; report.--
       (A) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (i), the Secretary shall--
       (i) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (ii) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area, in accordance with subparagraph (C).
       (B) Evaluation.--An evaluation conducted under subparagraph 
     (A)(i) shall--
       (i) assess the progress of the local coordinating entity 
     with respect to--

       (I) accomplishing the purposes of this section for the 
     Heritage Area; and
       (II) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;

       (ii) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (iii) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (C) Report.--
       (i) In general.--Based on the evaluation conducted under 
     subparagraph (A)(i), the Secretary shall prepare a report 
     that includes recommendations for the future role of the 
     National Park Service, if any, with respect to the Heritage 
     Area.
       (ii) Required analysis.--If the report prepared under this 
     subparagraph recommends that Federal funding for the Heritage 
     Area be reauthorized, the report shall include an analysis 
     of--

       (I) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (II) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.

       (iii) Submission to congress.--On completion of a report 
     under this subparagraph, the Secretary shall submit the 
     report to--

       (I) the Committee on Energy and Natural Resources of the 
     Senate; and
       (II) the Committee on Natural Resources of the House of 
     Representatives.

       (f) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (g) Property Owners and Regulatory Protections.--Nothing in 
     this section--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to--
       (A) permit public access (including Federal, tribal, State, 
     or local government access) to the property; or
       (B) modify any provisions of Federal, tribal, State, or 
     local law with regard to public access or use of private 
     land;
       (3) alters any duly adopted land use regulations, approved 
     land use plan, or any other regulatory authority of any 
     Federal, State, or local agency, or tribal government;
       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (7) 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.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Cost-sharing requirement.--

[[Page S9797]]

       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution--
       (i) shall be from non-Federal sources; and
       (ii) may be in the form of in-kind contributions of goods 
     or services fairly valued.
       (i) Termination of Effectiveness.--The authority of the 
     Secretary to provide assistance under this section terminates 
     on the date that is 15 years after the date of enactment of 
     this Act.

     SEC. 8006. FREEDOM'S WAY NATIONAL HERITAGE AREA, 
                   MASSACHUSETTS AND NEW HAMPSHIRE.

       (a) Purposes.--The purposes of this section are--
       (1) to foster a close working relationship between the 
     Secretary and all levels of government, the private sector, 
     and local communities in the States of Massachusetts and New 
     Hampshire;
       (2) to assist the entities described in paragraph (1) to 
     preserve the special historic identity of the Heritage Area; 
     and
       (3) to manage, preserve, protect, and interpret the 
     cultural, historic, and natural resources of the Heritage 
     Area for the educational and inspirational benefit of future 
     generations.
       (b) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Freedom's Way National Heritage Area established by 
     subsection (c)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by subsection (c)(4).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (d)(1)(A).
       (4) Map.--The term ``map'' means the map entitled 
     ``Freedom's Way National Heritage Area'', numbered T04/
     80,000, and dated July 2007.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (c) Establishment.--
       (1) In general.--There is established the Freedom's Way 
     National Heritage Area in the States of Massachusetts and New 
     Hampshire.
       (2) Boundaries.--
       (A) In general.--The boundaries of the Heritage Area shall 
     be as generally depicted on the map.
       (B) Revision.--The boundaries of the Heritage Area may be 
     revised if the revision is--
       (i) proposed in the management plan;
       (ii) approved by the Secretary in accordance with 
     subsection (e)(4); and
       (iii) placed on file in accordance with paragraph (3).
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service and the local coordinating entity.
       (4) Local coordinating entity.--The Freedom's Way Heritage 
     Association, Inc., shall be the local coordinating entity for 
     the Heritage Area.
       (d) Duties and Authorities of Local Coordinating Entity.--
       (1) Duties of the local coordinating entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (A) prepare, and submit to the Secretary, in accordance 
     with subsection (e), a management plan for the Heritage Area;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (i) carrying out programs and projects that recognize and 
     protect important resource values within the Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historic, and cultural resources of the Heritage 
     Area;
       (v) protecting and restoring historic buildings in the 
     Heritage Area that are consistent with the themes of the 
     Heritage Area; and
       (vi) ensuring that signs identifying points of public 
     access and sites of interest are posted throughout the 
     Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least quarterly 
     regarding the development and implementation of the 
     management plan;
       (E) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section specifying--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (F) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds;
       (G) require in all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organizations make available for audit all records and other 
     information pertaining to the expenditure of the funds; and
       (H) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (2) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan, 
     use Federal funds made available under this section to--
       (A) make grants to the States of Massachusetts and New 
     Hampshire, political subdivisions of the States, nonprofit 
     organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the States of Massachusetts and New 
     Hampshire, political subdivisions of the States, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (C) hire and compensate staff;
       (D) obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (E) contract for goods or services; and
       (F) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds received under 
     this section to acquire any interest in real property.
       (4) Use of funds for non-federal property.--The local 
     coordinating entity may use Federal funds made available 
     under this section to assist non-Federal property that is--
       (A) described in the management plan; or
       (B) listed, or eligible for listing, on the National 
     Register of Historic Places.
       (e) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to develop the management 
     plan, the local coordinating entity shall submit to the 
     Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for the conservation, funding, management, 
     and development of the Heritage Area;
       (B) take into consideration existing State, county, and 
     local plans in the development and implementation of the 
     management plan;
       (C) provide a framework for coordination of the plans 
     considered under subparagraph (B) to present a unified 
     historic preservation and interpretation plan;
       (D) contain the contributions of residents, public 
     agencies, and private organizations within the Heritage Area;
       (E) include a description of actions and commitments that 
     governments, private organizations, and citizens plan to take 
     to protect, enhance, and interpret the natural, historic, 
     scenic, and cultural resources of the Heritage Area;
       (F) specify existing and potential sources of funding or 
     economic development strategies to conserve, manage, and 
     develop the Heritage Area;
       (G) include an inventory of the natural, historic, and 
     recreational resources of the Heritage Area, including a list 
     of properties that--
       (i) are related to the themes of the Heritage Area; and
       (ii) should be conserved, restored, managed, developed, or 
     maintained;
       (H) recommend policies and strategies for resource 
     management that--
       (i) apply appropriate land and water management techniques;
       (ii) include the development of intergovernmental and 
     interagency agreements to protect the natural, historic, and 
     cultural resources of the Heritage Area; and
       (iii) support economic revitalization efforts;
       (I) describe a program for implementation of the management 
     plan, including--
       (i) restoration and construction plans or goals;
       (ii) a program of public involvement;
       (iii) annual work plans; and
       (iv) annual reports;
       (J) include an analysis of, and recommendations for, ways 
     in 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 
     Heritage Area) to further the purposes of this section;
       (K) include an interpretive plan for the Heritage Area; and
       (L) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities described in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this section, 
     the local coordinating entity shall not qualify for 
     additional financial assistance under this

[[Page S9798]]

     section until the management plan is submitted to, and 
     approved by, the Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after the date on 
     which the Secretary receives the management plan, the 
     Secretary shall approve or disapprove the management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, community residents, 
     and recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement 
     (including through workshops and public meetings) in the 
     preparation of the management plan;
       (iii) the resource protection and interpretation strategies 
     described in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (v) 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 aspects of the management plan; and
       (vi) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the management plan.
       (C) Action following disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (D) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized to be appropriated by this 
     section to implement an amendment to the management plan 
     until the Secretary approves the amendment.
       (f) Duties and Authorities of the Secretary.--
       (1) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance, on a reimbursable or nonreimbursable basis (as 
     determined by the Secretary), to the local coordinating 
     entity to develop and implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (C) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (i) conserving the significant natural, historic, and 
     cultural resources of the Heritage Area; and
       (ii) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (2) Evaluation; report.--
       (A) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (j), the Secretary shall--
       (i) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (ii) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area, in accordance with subparagraph (C).
       (B) Evaluation.--An evaluation conducted under subparagraph 
     (A)(i) shall--
       (i) assess the progress of the local coordinating entity 
     with respect to--

       (I) accomplishing the purposes of this section for the 
     Heritage Area; and
       (II) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;

       (ii) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (iii) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (C) Report.--
       (i) In general.--Based on the evaluation conducted under 
     subparagraph (A)(i), the Secretary shall prepare a report 
     that includes recommendations for the future role of the 
     National Park Service, if any, with respect to the Heritage 
     Area.
       (ii) Required analysis.--If the report prepared under this 
     subparagraph recommends that Federal funding for the Heritage 
     Area be reauthorized, the report shall include an analysis 
     of--

       (I) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (II) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.

       (iii) Submission to congress.--On completion of a report 
     under this subparagraph, the Secretary shall submit the 
     report to--

       (I) the Committee on Energy and Natural Resources of the 
     Senate; and
       (II) the Committee on Natural Resources of the House of 
     Representatives.

       (g) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (h) Property Owners and Regulatory Protections.--Nothing in 
     this section--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to--
       (A) permit public access (including Federal, tribal, State, 
     or local government access) to the property; or
       (B) modify any provisions of Federal, tribal, State, or 
     local law with regard to public access or use of private 
     land;
       (3) alters any duly adopted land use regulations, approved 
     land use plan, or any other regulatory authority of any 
     Federal, State, or local agency, or tribal government;
       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the States of Massachusetts 
     and New Hampshire to manage fish and wildlife, including the 
     regulation of fishing and hunting within the Heritage Area; 
     or
       (7) 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.
       (i) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Availability.--Funds made available under paragraph (1) 
     shall remain available until expended.
       (3) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution may be in the form 
     of in-kind contributions of goods or services fairly valued.
       (j) Termination of Financial Assistance.--The authority of 
     the Secretary to provide financial assistance under this 
     section terminates on the date that is 15 years after the 
     date of enactment of this Act.

     SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Mississippi Hills National Heritage Area established by 
     subsection (b)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     Heritage Area designated by subsection (b)(3)(A).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     subsection (c)(1)(A).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Mississippi.
       (b) Mississippi Hills National Heritage Area.--
       (1) Establishment.--There is established the Mississippi 
     Hills National Heritage Area in the State.
       (2) Boundaries.--
       (A) Affected counties.--The Heritage Area shall consist of 
     all, or portions of, as specified by the boundary description 
     in subparagraph (B), Alcorn, Attala, Benton, Calhoun, 
     Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, 
     Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, 
     Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, 
     Tate, Tippah, Tishomingo, Union, Webster, Winston, and 
     Yalobusha Counties in the State.

[[Page S9799]]

       (B) Boundary description.--The Heritage Area shall have the 
     following boundary description:
       (i) traveling counterclockwise, the Heritage Area shall be 
     bounded to the west by U.S. Highway 51 from the Tennessee 
     State line until it intersects Interstate 55 (at Geeslin 
     Corner approximately \1/2\ mile due north of Highway 
     Interchange 208);
       (ii) from this point, Interstate 55 shall be the western 
     boundary until it intersects with Mississippi Highway 12 at 
     Highway Interchange 156, the intersection of which shall be 
     the southwest terminus of the Heritage Area;
       (iii) from the southwest terminus, the boundary shall--

       (I) extend east along Mississippi Highway 12 until it 
     intersects U.S. Highway 51;
       (II) follow Highway 51 south until it is intersected again 
     by Highway 12;
       (III) extend along Highway 12 into downtown Kosciusko where 
     it intersects Mississippi Highway 35;
       (IV) follow Highway 35 south until it is intersected by 
     Mississippi Highway 14; and
       (V) extend along Highway 14 until it reaches the Alabama 
     State line, the intersection of which shall be the southeast 
     terminus of the Heritage Area;

       (iv) from the southeast terminus, the boundary of the 
     Heritage Area shall follow the Mississippi-Alabama State line 
     until it reaches the Mississippi-Tennessee State line, the 
     intersection of which shall be the northeast terminus of the 
     Heritage Area; and
       (v) the boundary shall extend due west until it reaches 
     U.S. Highway 51, the intersection of which shall be the 
     northwest terminus of the Heritage Area.
       (3) Local coordinating entity.--
       (A) In general.--The local coordinating entity for the 
     Heritage Area shall be the Mississippi Hills Heritage Area 
     Alliance, a nonprofit organization registered by the State, 
     with the cooperation and support of the University of 
     Mississippi.
       (B) Board of directors.--
       (i) In general.--The local coordinating entity shall be 
     governed by a Board of Directors comprised of not more than 
     30 members.
       (ii) Composition.--Members of the Board of Directors shall 
     consist of--

       (I) not more than 1 representative from each of the 
     counties described in paragraph (2)(A); and
       (II) any ex-officio members that may be appointed by the 
     Board of Directors, as the Board of Directors determines to 
     be necessary.

       (c) Duties and Authorities of Local Coordinating Entity.--
       (1) Duties of the local coordinating entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (A) prepare, and submit to the Secretary, in accordance 
     with subsection (d), a management plan for the Heritage Area;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (i) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (ii) developing recreational opportunities in the Heritage 
     Area;
       (iii) increasing public awareness of, and appreciation for, 
     natural, historical, cultural, archaeological, and 
     recreational resources of the Heritage Area;
       (iv) restoring historic sites and buildings in the Heritage 
     Area that are consistent with the themes of the Heritage 
     Area; and
       (v) carrying out any other activity that the local 
     coordinating entity determines to be consistent with this 
     section;
       (C) conduct meetings open to the public at least annually 
     regarding the development and implementation of the 
     management plan;
       (D) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section specifying--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (E) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds;
       (F) require in all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organizations make available for audit all records and other 
     information pertaining to the expenditure of the funds; and
       (G) ensure that each county included in the Heritage Area 
     is appropriately represented on any oversight advisory 
     committee established under this section to coordinate the 
     Heritage Area.
       (2) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan, 
     use Federal funds made available under this section to--
       (A) make grants and loans to the State, political 
     subdivisions of the State, nonprofit organizations, and other 
     persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, and other organizations;
       (C) hire and compensate staff;
       (D) obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program; and
       (E) contract for goods or services.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds received under 
     this section to acquire any interest in real property.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to develop the management 
     plan, the local coordinating entity shall submit to the 
     Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) provide recommendations for the preservation, 
     conservation, enhancement, funding, management, 
     interpretation, development, and promotion of the cultural, 
     historical, archaeological, natural, and recreational 
     resources of the Heritage Area;
       (B) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (C) include--
       (i) an inventory of the natural, historical, cultural, 
     archaeological, and recreational resources of the Heritage 
     Area; and
       (ii) an analysis of how Federal, State, tribal, and local 
     programs may best be coordinated to promote and carry out 
     this section;
       (D) provide recommendations for educational and 
     interpretive programs to provide information to the public on 
     the resources of the Heritage Area; and
       (E) involve residents of affected communities and tribal 
     and local governments.
       (3) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the local coordinating entity shall not qualify 
     for additional financial assistance under this section until 
     the management plan is submitted to, and approved by, the 
     Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after the date on 
     which the Secretary receives the management plan, the 
     Secretary shall approve or disapprove the management plan.
       (B) Consultation required.--The Secretary shall consult 
     with the Governor of the State and any tribal government in 
     which the Heritage Area is located before approving the 
     management plan.
       (C) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historical resource protection organizations, 
     educational institutions, businesses, community residents, 
     and recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement 
     (including through workshops and public meetings) in the 
     preparation of the management plan;
       (iii) the resource protection and interpretation strategies 
     described in the management plan, if implemented, would 
     adequately protect the natural, historical, cultural, 
     archaeological, and recreational resources of the Heritage 
     Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (v) 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 aspects of the management plan; and
       (vi) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the management plan.
       (D) Action following disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (E) Review; amendments.--
       (i) In general.--After approval by the Secretary of the 
     management plan, the Alliance shall periodically--

       (I) review the management plan; and
       (II) submit to the Secretary, for review and approval by 
     the Secretary, any recommendations for revisions to the 
     management plan.

       (ii) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (iii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized to be appropriated by this 
     section to implement an amendment to the management plan 
     until the Secretary approves the amendment.

[[Page S9800]]

       (e) Duties and Authorities of the Secretary.--
       (1) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance, on a reimbursable or nonreimbursable basis (as 
     determined by the Secretary), to the local coordinating 
     entity to develop and implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (C) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (i) conserving the significant natural, historical, 
     cultural, archaeological, and recreational resources of the 
     Heritage Area; and
       (ii) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (2) Evaluation; report.--
       (A) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (i), the Secretary shall--
       (i) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (ii) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area, in accordance with subparagraph (C).
       (B) Evaluation.--An evaluation conducted under subparagraph 
     (A)(i) shall--
       (i) assess the progress of the local coordinating entity 
     with respect to--

       (I) accomplishing the purposes of this section for the 
     Heritage Area; and
       (II) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;

       (ii) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (iii) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (C) Report.--
       (i) In general.--Based on the evaluation conducted under 
     subparagraph (A)(i), the Secretary shall prepare a report 
     that includes recommendations for the future role of the 
     National Park Service, if any, with respect to the Heritage 
     Area.
       (ii) Required analysis.--If the report prepared under this 
     subparagraph recommends that Federal funding for the Heritage 
     Area be reauthorized, the report shall include an analysis 
     of--

       (I) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (II) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.

       (iii) Submission to congress.--On completion of a report 
     under this subparagraph, the Secretary shall submit the 
     report to--

       (I) the Committee on Energy and Natural Resources of the 
     Senate; and
       (II) the Committee on Natural Resources of the House of 
     Representatives.

       (f) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (g) Effect.--
       (1) Property owners and regulatory protections.--Nothing in 
     this section--
       (A) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (B) requires any property owner to--
       (i) permit public access (including Federal, tribal, State, 
     or local government access) to the property; or
       (ii) modify any provisions of Federal, tribal, State, or 
     local law with regard to public access or use of private 
     land;
       (C) alters any duly adopted land use regulations, approved 
     land use plan, or any other regulatory authority of any 
     Federal, State, or local agency, or tribal government;
       (D) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (E) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (F) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (G) 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.
       (2) No effect on indian tribes.--Nothing in this section--
       (A) restricts an Indian tribe from protecting cultural or 
     religious sites on tribal land; or
       (B) diminishes the trust responsibilities or government-to-
     government obligations of the United States to any Indian 
     tribe recognized by the Federal Government.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.
       (3) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution--
       (i) shall be from non-Federal sources; and
       (ii) may be in the form of in-kind contributions of goods 
     or services fairly valued.
       (i) Termination of Financial Assistance.--The authority of 
     the Secretary to provide financial assistance under this 
     section terminates on the date that is 15 years after the 
     date of enactment of this Act.

     SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the local coordinating entity.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Mississippi Delta National Heritage Area established by 
     subsection (b)(1).
       (3) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by subsection (b)(4)(A).
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     subsection (d).
       (5) Map.--The term ``map'' means the map entitled 
     ``Mississippi Delta National Heritage Area'', numbered T13/
     80,000, and dated April 2008.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of 
     Mississippi.
       (b) Establishment.--
       (1) Establishment.--There is established in the State the 
     Mississippi Delta National Heritage Area.
       (2) Boundaries.--The Heritage Area shall include all 
     counties in the State that contain land located in the 
     alluvial floodplain of the Mississippi Delta, including 
     Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, 
     Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, 
     Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo 
     Counties in the State, as depicted on the map.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the office of the Director 
     of the National Park Service.
       (4) Local coordinating entity.--
       (A) Designation.--The Mississippi Delta National Heritage 
     Area Partnership shall be the local coordinating entity for 
     the Heritage Area.
       (B) Board of directors.--
       (i) Composition.--

       (I) In general.--The local coordinating entity shall be 
     governed by a Board of Directors composed of 15 members, of 
     whom--

       (aa) 1 member shall be appointed by Delta State University;
       (bb) 1 member shall be appointed by Mississippi Valley 
     State University;
       (cc) 1 member shall be appointed by Alcorn State 
     University;
       (dd) 1 member shall be appointed by the Delta Foundation;
       (ee) 1 member shall be appointed by the Smith Robertson 
     Museum;
       (ff) 1 member shall be appointed from the office of the 
     Governor of the State;
       (gg) 1 member shall be appointed by Delta Council;
       (hh) 1 member shall be appointed from the Mississippi Arts 
     Commission;
       (ii) 1 member shall be appointed from the Mississippi 
     Department of Archives and History;
       (jj) 1 member shall be appointed from the Mississippi 
     Humanities Council; and
       (kk) up to 5 additional members shall be appointed for 
     staggered 1- and 2-year terms by County boards in the 
     Heritage Area.

       (II) Residency requirements.--At least 7 members of the 
     Board shall reside in the Heritage Area.

       (ii) Officers.--

       (I) In general.--At the initial meeting of the Board, the 
     members of the Board shall appoint a Chairperson, Vice 
     Chairperson, and Secretary/Treasurer.
       (II) Duties.--

       (aa) Chairperson.--The duties of the Chairperson shall 
     include--
       (AA) presiding over meetings of the Board;
       (BB) executing documents of the Board; and
       (CC) coordinating activities of the Heritage Area with 
     Federal, State, local, and nongovernmental officials.

[[Page S9801]]

       (bb) Vice chairperson.--The Vice Chairperson shall act as 
     Chairperson in the absence or disability of the Chairperson.
       (iii) Management authority.--

       (I) In general.--The Board shall--

       (aa) exercise all corporate powers of the local 
     coordinating entity;
       (bb) manage the activities and affairs of the local 
     coordinating entity; and
       (cc) subject to any limitations in the articles and bylaws 
     of the local coordinating entity, this section, and any other 
     applicable Federal or State law, establish the policies of 
     the local coordinating entity.

       (II) Staff.--The Board shall have the authority to employ 
     any services and staff that are determined to be necessary by 
     a majority vote of the Board.

       (iv) Bylaws.--

       (I) In general.--The Board may amend or repeal the bylaws 
     of the local coordinating entity at any meeting of the Board 
     by a majority vote of the Board.
       (II) Notice.--The Board shall provide notice of any meeting 
     of the Board at which an amendment to the bylaws is to be 
     considered that includes the text or a summary of the 
     proposed amendment.

       (v) Minutes.--Not later than 60 days after a meeting of the 
     Board, the Board shall distribute the minutes of the meeting 
     among all Board members and the county supervisors in each 
     county within the Heritage Area.
       (c) Duties and Authorities of Local Coordinating Entity.--
       (1) Duties of the local coordinating entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (A) prepare, and submit to the Secretary, in accordance 
     with subsection (d), a management plan for the Heritage Area;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historic, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with the themes of 
     the Heritage Area;
       (vi) ensuring that signs identifying points of public 
     access and sites of interest are posted throughout the 
     Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (E) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section specifying--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (F) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds;
       (G) require in all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organizations make available for audit all records and other 
     information pertaining to the expenditure of the funds; and
       (H) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (2) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan, 
     use Federal funds made available under this section to--
       (A) make grants to the State, political subdivisions of the 
     State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, Federal agencies, and 
     other interested parties;
       (C) hire and compensate staff;
       (D) obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (E) contract for goods or services; and
       (F) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds received under 
     this section to acquire any interest in real property.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to develop the management 
     plan, the local coordinating entity shall submit to the 
     Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     region and encouraging long-term resource protection, 
     enhancement, interpretation, funding, management, and 
     development of the Heritage Area;
       (B) take into consideration existing State, county, and 
     local plans in the development and implementation of the 
     management plan;
       (C) include a description of actions and commitments that 
     governments, private organizations, and citizens plan to take 
     to protect, enhance, and interpret the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     Heritage Area;
       (D) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (E) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     Heritage Area relating to the stories and themes of the 
     region that should be protected, enhanced, managed, or 
     developed;
       (F) recommend policies and strategies for resource 
     management including, the development of intergovernmental 
     and interagency agreements to protect the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area;
       (G) describe a program for implementation of the management 
     plan, including--
       (i) performance goals;
       (ii) plans for resource protection, enhancement, and 
     interpretation; and
       (iii) specific commitments for implementation that have 
     been made by the local coordinating entity or any government, 
     organization, business, or individual;
       (H) include an analysis of, and recommendations for, ways 
     in 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 
     Heritage Area) to further the purposes of this section;
       (I) include an interpretive plan for the Heritage Area; and
       (J) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities described in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the local coordinating entity shall not qualify 
     for additional financial assistance under this section until 
     the management plan is submitted to, and approved by, the 
     Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after the date on 
     which the Secretary receives the management plan, the 
     Secretary shall approve or disapprove the management plan.
       (B) Consultation required.--The Secretary shall consult 
     with the Governor of the State and any tribal government in 
     which the Heritage Area is located before approving the 
     management plan.
       (C) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, community residents, 
     and recreational organizations;
       (ii) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement 
     (including through workshops and public meetings) in the 
     preparation of the management plan;
       (iii) the resource protection and interpretation strategies 
     described in the management plan, if implemented, would 
     adequately protect the cultural, historical, archaeological, 
     natural, and recreational resources of the Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (v) 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 aspects of the management plan; and
       (vi) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the management plan.
       (D) Action following disapproval.--
       (i) 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

[[Page S9802]]

       (II) may make recommendations to the local coordinating 
     entity for revisions to the management plan.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (E) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized to be appropriated by this 
     section to implement an amendment to the management plan 
     until the Secretary approves the amendment.
       (e) Duties and Authorities of the Secretary.--
       (1) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance, on a reimbursable or nonreimbursable basis (as 
     determined by the Secretary), to the local coordinating 
     entity to develop and implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (C) Priority.--In assisting the Heritage Area, the 
     Secretary shall give priority to actions that assist in--
       (i) conserving the significant cultural, historical, 
     archaeological, natural, and recreational resources of the 
     Heritage Area; and
       (ii) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (D) Prohibition of certain requirements.--The Secretary may 
     not, as a condition of the provision of technical or 
     financial assistance under this subsection, require any 
     recipient of the assistance to impose or modify any land use 
     restriction or zoning ordinance.
       (2) Evaluation; report.--
       (A) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (i), the Secretary shall--
       (i) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (ii) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area, in accordance with subparagraph (C).
       (B) Evaluation.--An evaluation conducted under subparagraph 
     (A)(i) shall--
       (i) assess the progress of the local coordinating entity 
     with respect to--

       (I) accomplishing the purposes of this section for the 
     Heritage Area; and
       (II) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;

       (ii) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (iii) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (C) Report.--
       (i) In general.--Based on the evaluation conducted under 
     subparagraph (A)(i), the Secretary shall prepare a report 
     that includes recommendations for the future role of the 
     National Park Service, if any, with respect to the Heritage 
     Area.
       (ii) Required analysis.--If the report prepared under this 
     subparagraph recommends that Federal funding for the Heritage 
     Area be reauthorized, the report shall include an analysis 
     of--

       (I) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (II) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.

       (iii) Submission to congress.--On completion of a report 
     under this subparagraph, the Secretary shall submit the 
     report to--

       (I) the Committee on Energy and Natural Resources of the 
     Senate; and
       (II) the Committee on Natural Resources of the House of 
     Representatives.

       (f) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (g) Property Owners and Regulatory Protections.--Nothing in 
     this section--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to--
       (A) permit public access (including Federal, tribal, State, 
     or local government access) to the property; or
       (B) modify any provisions of Federal, tribal, State, or 
     local law with regard to public access or use of private 
     land;
       (3) alters any duly adopted land use regulations, approved 
     land use plan, or any other regulatory authority of any 
     Federal, State, or local agency, or tribal government;
       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area;
       (7) 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;
       (8) restricts an Indian tribe from protecting cultural or 
     religious sites on tribal land; or
       (9) diminishes the trust responsibilities of government-to-
     government obligations of the United States of any federally 
     recognized Indian tribe.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution--
       (i) shall be from non-Federal sources; and
       (ii) may be in the form of in-kind contributions of goods 
     or services fairly valued.
       (i) Termination of Financial Assistance.--The authority of 
     the Secretary to provide financial assistance under this 
     section terminates on the date that is 15 years after the 
     date of enactment of this Act.

     SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.

       (a) Purposes.--The purposes of this section are--
       (1) to preserve, support, conserve, and interpret the 
     legacy of the region represented by the Heritage Area as 
     described in the feasibility study prepared by the National 
     Park Service;
       (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 developments in the 
     growth of the United States, including the Native American, 
     Colonial American, European American, and African American 
     heritage;
       (4) to recognize and interpret the manner by which the 
     distinctive geography of the region has shaped the 
     development of the settlement, defense, transportation, 
     commerce, and culture 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 
     to identify, preserve, interpret, and develop 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.
       (b) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Muscle Shoals National Heritage Area established by 
     subsection (c)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Muscle Shoals Regional 
     Center, the local coordinating entity for the Heritage Area 
     designated by subsection (c)(4).
       (3) Management plan.--The term ``management plan'' means 
     the plan for the Heritage Area required under subsection 
     (d)(1)(A).
       (4) Map.--The term ``map'' means the map entitled ``Muscle 
     Shoals National Heritage Area'', numbered T08/80,000, and 
     dated October 2007.
       (5) State.--The term ``State'' means the State of Alabama.
       (c) Establishment.--
       (1) In general.--There is established the Muscle Shoals 
     National Heritage Area in the State.
       (2) Boundaries.--The Heritage Area shall be comprised of 
     the following areas, as depicted on the map:
       (A) The Counties of Colbert, Franklin, Lauderdale, 
     Lawrence, Limestone, and Morgan, Alabama.
       (B) The Wilson Dam.
       (C) The Handy Home.
       (D) The birthplace of Helen Keller.
       (3) Availability map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service and the local coordinating entity.
       (4) Local coordinating entity.--The Muscle Shoals Regional 
     Center shall be the local coordinating entity for the 
     Heritage Area.

[[Page S9803]]

       (d) Duties and Authorities of Local Coordinating Entity.--
       (1) Duties of the local coordinating entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (A) prepare, and submit to the Secretary, in accordance 
     with subsection (e), a management plan for the Heritage Area;
       (B) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section specifying--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (v) grants made to any other entities during the fiscal 
     year;
       (C) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds;
       (D) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area; 
     and
       (E) serve as a catalyst for the implementation of projects 
     and programs among diverse partners in the Heritage Area.
       (2) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan, 
     use Federal funds made available under this section to--
       (A) make grants to the State, political subdivisions of the 
     State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State, political subdivisions of 
     the State, nonprofit organizations, Federal agencies, and 
     other interested parties;
       (C) hire and compensate staff, including individuals with 
     expertise in--
       (i) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;
       (ii) economic and community development; and
       (iii) heritage planning;
       (D) obtain funds or services from any source, including 
     funds and services provided under any other Federal law or 
     program;
       (E) contract for goods or services; and
       (F) support activities of partners and any other activities 
     that further the purposes of the Heritage Area and are 
     consistent with the approved management plan.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds received under 
     this section to acquire any interest in real property.
       (e) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to develop the management 
     plan, the local coordinating entity shall submit to the 
     Secretary for approval a proposed management plan for the 
     Heritage Area.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered by the Heritage Area and encouraging long-term 
     resource protection, enhancement, interpretation, funding, 
     management, and development of the Heritage Area;
       (B) include a description of actions and commitments that 
     Federal, State, tribal, and local governments, private 
     organizations, and citizens plan to take to protect, enhance, 
     interpret, fund, manage, and develop the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area;
       (C) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (D) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the stories and themes of the 
     Heritage Area that should be protected, enhanced, 
     interpreted, managed, funded, or developed;
       (E) 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, historic, cultural, 
     educational, scenic, and recreational resources of the 
     Heritage Area;
       (F) describe a program for implementation of the management 
     plan, including--
       (i) performance goals;
       (ii) plans for resource protection, enhancement, 
     interpretation, funding, management, and development; and
       (iii) 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;
       (G) include an analysis of, and recommendations for, ways 
     in 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 
     Heritage Area) to further the purposes of this section; and
       (H) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities described in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Termination of funding.--If the management plan is not 
     submitted to the Secretary by the date that is 3 years after 
     the date on which funds are first made available to develop 
     the management plan, the local coordinating entity shall not 
     qualify for additional financial assistance under this 
     section until the management plan is submitted to, and 
     approved by, the Secretary.
       (4) Approval of management plan.--
       (A) Review.--Not later than 180 days after the date on 
     which the Secretary receives the management plan, the 
     Secretary shall approve or disapprove the management plan.
       (B) Consultation required.--The Secretary shall consult 
     with the Governor of the State in which the Heritage Area is 
     located before approving the management plan.
       (C) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including Federal, State, 
     tribal, and local governments, natural and historic resource 
     protection organizations, educational institutions, 
     businesses, community residents, recreational organizations, 
     and private property owners;
       (ii) the local coordinating entity--

       (I) has afforded adequate opportunity for public and 
     Federal, State, tribal, and local governmental involvement 
     (including through workshops and public meetings) in the 
     preparation of the management plan; and
       (II) provides for at least semiannual public meetings to 
     ensure adequate implementation of the management plan;

       (iii) 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, scenic, and recreational 
     resources of the Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal land under applicable laws 
     or land use plans;
       (v) 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 aspects of the management plan;
       (vi) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the management plan; and
       (vii) the management plan demonstrates partnerships among 
     the local coordinating entity, Federal, State, tribal, and 
     local governments, regional planning organizations, nonprofit 
     organizations, and private sector parties for implementation 
     of the management plan.
       (D) Disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (E) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized by this section to implement 
     an amendment to the management plan until the Secretary 
     approves the amendment.
       (F) Authorities.--The Secretary may--
       (i) provide technical assistance under the authority of 
     this section for the development and implementation of the 
     management plan; and
       (ii) enter into cooperative agreements with interested 
     parties to carry out this section.
       (f) Duties and Authorities of the Secretary.--
       (1) Technical and financial assistance.--
       (A) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance, on a reimbursable or nonreimbursable basis (as 
     determined by the Secretary), to the local coordinating 
     entity to develop and implement the management plan.
       (B) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to provide technical or 
     financial assistance under subparagraph (A).
       (2) Evaluation; report.--
       (A) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under subsection (j), the Secretary shall--
       (i) conduct an evaluation of the accomplishments of the 
     Heritage Area; and

[[Page S9804]]

       (ii) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area, in accordance with subparagraph (C).
       (B) Evaluation.--An evaluation conducted under subparagraph 
     (A)(i) shall--
       (i) assess the progress of the local coordinating entity 
     with respect to--

       (I) accomplishing the purposes of this section for the 
     Heritage Area; and
       (II) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;

       (ii) analyze the Federal, State, tribal, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (iii) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (C) Report.--
       (i) In general.--Based on the evaluation conducted under 
     subparagraph (A)(i), the Secretary shall prepare a report 
     that includes recommendations for the future role of the 
     National Park Service, if any, with respect to the Heritage 
     Area.
       (ii) Required analysis.--If the report prepared under this 
     subparagraph recommends that Federal funding for the Heritage 
     Area be reauthorized, the report shall include an analysis 
     of--

       (I) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (II) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.

       (iii) Submission to congress.--On completion of a report 
     under this subparagraph, the Secretary shall submit the 
     report to--

       (I) the Committee on Energy and Natural Resources of the 
     Senate; and
       (II) the Committee on Natural Resources of the House of 
     Representatives.

       (g) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other law.
       (2) Consultation and coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity to the 
     maximum extent practicable.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (h) Property Owners and Regulatory Protections.--Nothing in 
     this section--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to--
       (A) permit public access (including Federal, tribal, State, 
     or local government access) to the property; or
       (B) modify any provisions of Federal, tribal, State, or 
     local law with regard to public access or use of private 
     land;
       (3) alters any duly adopted land use regulations, approved 
     land use plan, or any other regulatory authority of any 
     Federal, State, or local agency, or tribal government;
       (4) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (5) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (6) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (7) 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.
       (i) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (2) Availability.--Funds made available under paragraph (1) 
     shall remain available until expended.
       (3) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity under this section shall be not more than 50 
     percent.
       (B) Form.--The non-Federal contribution may be in the form 
     of in-kind contributions of goods or services fairly valued.
       (4) Use of federal funds from other sources.--Nothing in 
     this section precludes the local coordinating entity from 
     using Federal funds available under provisions of law other 
     than this section for the purposes for which those funds were 
     authorized.
       (j) Termination of Effectiveness.--The authority of the 
     Secretary to provide financial assistance under this section 
     terminates on the date that is 15 years after the date of 
     enactment of this Act.

     SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE 
                   AREA, ALASKA.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Kenai Mountains-Turnagain Arm National Heritage Area 
     established by subsection (b)(1).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Kenai Mountains-Turnagain Arm 
     Corridor Communities Association.
       (3) Management plan.--The term ``management plan'' means 
     the plan prepared by the local coordinating entity for the 
     Heritage Area that specifies actions, policies, strategies, 
     performance goals, and recommendations to meet the goals of 
     the Heritage Area, in accordance with this section.
       (4) Map.--The term ``map'' means the map entitled 
     ``Proposed NHA Kenai Mountains Turnagain Arm'' and dated 
     August 7, 2007.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Designation of the Kenai Mountains-Turnagain Arm 
     National Heritage Area.--
       (1) Establishment.--There is established the Kenai 
     Mountains-Turnagain Arm National Heritage Area.
       (2) Boundaries.--The Heritage Area shall be comprised of 
     the land in the Kenai Mountains and upper Turnagain Arm 
     region, as generally depicted on the map.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in--
       (A) the appropriate offices of the Forest Service, Chugach 
     National Forest;
       (B) the Alaska Regional Office of the National Park 
     Service; and
       (C) the office of the Alaska State Historic Preservation 
     Officer.
       (c) Management Plan.--
       (1) Local coordinating entity.--The local coordinating 
     entity, in partnership with other interested parties, shall 
     develop a management plan for the Heritage Area in accordance 
     with this section.
       (2) Requirements.--The management plan for the Heritage 
     Area shall--
       (A) describe comprehensive policies, goals, strategies, and 
     recommendations for use in--
       (i) telling the story of the heritage of the area covered 
     by the Heritage Area; and
       (ii) encouraging long-term resource protection, 
     enhancement, interpretation, funding, management, and 
     development of the Heritage Area;
       (B) include a description of actions and commitments that 
     the Federal Government, 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 Heritage Area;
       (C) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (D) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the national importance and 
     themes of the Heritage Area that should be protected, 
     enhanced, interpreted, managed, funded, and developed;
       (E) 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 
     Heritage Area;
       (F) describe a program for implementation for the 
     management plan, including--
       (i) performance goals;
       (ii) plans for resource protection, enhancement, 
     interpretation, funding, management, and development; and
       (iii) 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;
       (G) 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, the Forest Service, and other Federal agencies 
     associated with the Heritage Area) to further the purposes of 
     this section; and
       (H) include a business plan that--
       (i) describes the role, operation, financing, and functions 
     of the local coordinating entity and each of the major 
     activities contained in the management plan; and
       (ii) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (3) Deadline.--
       (A) In general.--Not later than 3 years after the date on 
     which funds are first made available to develop the 
     management plan after the date of enactment of this Act, the 
     local coordinating entity shall submit the management plan to 
     the Secretary for approval.
       (B) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with subparagraph 
     (A), the local coordinating entity shall not qualify for any 
     additional financial assistance under this section until such 
     time as the management plan is submitted to and approved by 
     the Secretary.
       (4) Approval of management plan.--

[[Page S9805]]

       (A) Review.--Not later than 180 days after receiving the 
     management plan under paragraph (3), the Secretary shall 
     review and approve or disapprove the management plan for a 
     Heritage Area on the basis of the criteria established under 
     subparagraph (C).
       (B) Consultation.--The Secretary shall consult with the 
     Governor of the State in which the Heritage Area is located 
     before approving a management plan for the Heritage Area.
       (C) Criteria for approval.--In determining whether to 
     approve a management plan for the Heritage Area, the 
     Secretary shall consider whether--
       (i) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including the Federal 
     Government, State, tribal, and local governments, natural and 
     historical resource protection organizations, educational 
     institutions, businesses, recreational organizations, 
     community residents, and private property owners;
       (ii) 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;

       (iii) 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, historical, cultural, educational, scenic, and 
     recreational resources of the Heritage Area;
       (iv) the management plan would not adversely affect any 
     activities authorized on Federal land under public land laws 
     or land use plans;
       (v) the local coordinating entity has demonstrated the 
     financial capability, in partnership with other interested 
     parties, to carry out the plan;
       (vi) 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
       (vii) the management plan demonstrates partnerships among 
     the local coordinating entity, Federal Government, State, 
     tribal, and local governments, regional planning 
     organizations, nonprofit organizations, or private sector 
     parties for implementation of the management plan.
       (D) Disapproval.--
       (i) 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.

       (ii) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (E) Amendments.--
       (i) In general.--An amendment to the management plan that 
     substantially alters the purposes of the Heritage Area shall 
     be reviewed by the Secretary and approved or disapproved in 
     the same manner as the original management plan.
       (ii) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized by this section to implement 
     an amendment to the management plan until the Secretary 
     approves the amendment.
       (F) Authorities.--The Secretary may--
       (i) provide technical assistance under the authority of 
     this section for the development and implementation of the 
     management plan; and
       (ii) enter into cooperative agreements with interested 
     parties to carry out this section.
       (d) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under this section, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of the authorizing 
     legislation for the Heritage Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, tribal, local, and private 
     investments in the Heritage Area to determine the impact of 
     the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--Based on the evaluation conducted under 
     paragraph (1)(A), 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 includes recommendations for 
     the future role of the National Park Service, if any, with 
     respect to the Heritage Area.
       (e) Local Coordinating Entity.--
       (1) Duties.--To further the purposes of the Heritage Area, 
     in addition to developing the management plan for the 
     Heritage Area under subsection (c), the local coordinating 
     entity shall--
       (A) serve to facilitate and expedite the implementation of 
     projects and programs among diverse partners in the Heritage 
     Area;
       (B) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this section, specifying--
       (i) the specific performance goals and accomplishments of 
     the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity;
       (iii) the amounts and sources of matching funds;
       (iv) the amounts leveraged with Federal funds and sources 
     of the leveraging; and
       (v) grants made to any other entities during the fiscal 
     year;
       (C) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this section, all information pertaining to the expenditure 
     of the funds and any matching funds; and
       (D) encourage economic viability and sustainability that is 
     consistent with the purposes of the Heritage Area.
       (2) Authorities.--For the purpose of preparing and 
     implementing the approved management plan for the Heritage 
     Area under subsection (c), the local coordinating entity may 
     use Federal funds made available under this section--
       (A) to make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the Heritage Area;
       (B) to enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (C) to hire and compensate staff, including individuals 
     with expertise in--
       (i) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;
       (ii) economic and community development; and
       (iii) heritage planning;
       (D) to obtain funds or services from any source, including 
     other Federal programs;
       (E) to enter into contracts for goods or services; and
       (F) to support activities of partners and any other 
     activities that further the purposes of the Heritage Area and 
     are consistent with the approved management plan.
       (3) Prohibition on acquisition of real property.--The local 
     coordinating entity may not use Federal funds authorized 
     under this section to acquire any interest in real property.
       (f) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this section affects the 
     authority of a Federal agency to provide technical or 
     financial assistance under any other provision of law.
       (2) Consultation and coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on a Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the local coordinating 
     entity, to the maximum extent practicable.
       (3) Other federal agencies.--Nothing in this section--
       (A) modifies, alters, or amends any law (including a 
     regulation) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     a Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (g) Private Property and Regulatory Protections.--Nothing 
     in this section--
       (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 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 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 any State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the 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.
       (h) Funding.--
       (1) Authorization of appropriations.--Subject to paragraph 
     (2), there is authorized to be appropriated to carry out this 
     section

[[Page S9806]]

     $1,000,000 for each fiscal year, to remain available until 
     expended.
       (2) Limitation on total amounts appropriated.--Not more 
     than a total of $10,000,000 may be made available to carry 
     out this section.
       (3) Cost-sharing.--
       (A) In general.--The Federal share of the total cost of any 
     activity carried out under this section shall not exceed 50 
     percent.
       (B) Form of non-federal share.--The non-Federal share of 
     the cost of any activity carried out under this section may 
     be provided in the form of in-kind contributions of goods or 
     services fairly valued.
       (i) Termination of Authority.--The authority of the 
     Secretary to provide financial assistance under this section 
     terminates on the date that is 15 years after the date of 
     enactment of this Act.

                          Subtitle B--Studies

     SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.

       (a) Definitions.--In this section:
       (1) Corridor.--The term ``Corridor'' means the 
     Chattahoochee Trace National Heritage Corridor.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (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 State 
     historic preservation officers, State historical societies, 
     State tourism offices, and other appropriate organizations or 
     agencies, shall conduct a study to assess the suitability and 
     feasibility of designating the study area as the 
     Chattahoochee Trace National Heritage Corridor.
       (2) Study area.--The study area includes--
       (A) the portion of the Apalachicola-Chattahoochee-Flint 
     River Basin and surrounding areas, as generally depicted on 
     the map entitled ``Chattahoochee Trace National Heritage 
     Corridor, Alabama/Georgia'', numbered T05/80000, and dated 
     July 2007; and
       (B) any other areas in the State of Alabama or Georgia 
     that--
       (i) have heritage aspects that are similar to the areas 
     depicted on the map described in subparagraph (A); and
       (ii) are adjacent to, or in the vicinity of, those areas.
       (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) represent distinctive aspects of the heritage of the 
     United States;
       (ii) are worthy of recognition, conservation, 
     interpretation, and continuing use; and
       (iii) 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 folklife 
     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 recreational and 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 Corridor;
       (ii) have developed a conceptual financial plan that 
     outlines the roles of all participants in the Corridor, 
     including the Federal Government; and
       (iii) have demonstrated support for the designation of the 
     Corridor;
       (F) has a potential management entity to work in 
     partnership with the individuals and entities described in 
     subparagraph (E) to develop the Corridor 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 3rd 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.

     SEC. 8102. NORTHERN NECK, VIRGINIA.

       (a) Definitions.--In this section:
       (1) Proposed heritage area.--The term ``proposed Heritage 
     Area'' means the proposed Northern Neck National Heritage 
     Area.
       (2) State.--The term ``State'' means the State of Virginia.
       (3) Study area.--The term ``study area'' means the area 
     that is comprised of--
       (A) the area of land located between the Potomac and 
     Rappahannock rivers of the eastern coastal region of the 
     State;
       (B) Westmoreland, Northumberland, Richmond, King George, 
     and Lancaster Counties of the State; and
       (C) any other area that--
       (i) has heritage aspects that are similar to the heritage 
     aspects of the areas described in subparagraph (A) or (B); 
     and
       (ii) is located adjacent to, or in the vicinity of, those 
     areas.
       (b) Study.--
       (1) In general.--In accordance with paragraphs (2) and (3), 
     the Secretary, in consultation with appropriate State 
     historic preservation officers, State historical societies, 
     and other appropriate organizations, shall conduct a study to 
     determine the suitability and feasibility of designating the 
     study area as the Northern Neck National Heritage Area.
       (2) Requirements.--The study shall include analysis, 
     documentation, and determinations on whether the study area--
       (A) has an assemblage of natural, historical, cultural, 
     educational, scenic, or recreational resources that together 
     are nationally important to the heritage of the United 
     States;
       (B) represents distinctive aspects of the heritage of the 
     United States worthy of recognition, conservation, 
     interpretation, and continuing use;
       (C) is best managed as such an assemblage through 
     partnerships among public and private entities at the local 
     or regional level;
       (D) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the heritage of the United 
     States;
       (E) provides outstanding opportunities to conserve natural, 
     historical, cultural, or scenic features;
       (F) provides outstanding recreational or educational 
     opportunities;
       (G) contains resources and has traditional uses that have 
     national importance;
       (H) includes residents, business interests, nonprofit 
     organizations, and appropriate Federal agencies and State and 
     local governments that are involved in the planning of, and 
     have demonstrated significant support for, the designation 
     and management of the proposed Heritage Area;
       (I) has a proposed local coordinating entity that is 
     responsible for preparing and implementing the management 
     plan developed for the proposed Heritage Area;
       (J) with respect to the designation of the study area, has 
     the support of the proposed local coordinating entity and 
     appropriate Federal agencies and State and local governments, 
     each of which has documented the commitment of the entity to 
     work in partnership with each other entity to protect, 
     enhance, interpret, fund, manage, and develop the resources 
     located in the study area;
       (K) through the proposed local coordinating entity, has 
     developed a conceptual financial plan that outlines the roles 
     of all participants (including the Federal Government) in the 
     management of the proposed Heritage Area;
       (L) has a proposal that is consistent with continued 
     economic activity within the area; and
       (M) has a conceptual boundary map that is supported by the 
     public and appropriate Federal agencies.
       (3) Additional consultation requirement.--In conducting the 
     study under paragraph (1), the Secretary shall--
       (A) consult with the managers of any Federal land located 
     within the study area; and
       (B) before making any determination with respect to the 
     designation of the study area, secure the concurrence of each 
     manager with respect to each finding of the study.
       (c) Determination.--
       (1) In general.--The Secretary, in consultation with the 
     Governor of the State, shall review, comment on, and 
     determine if the study area meets each requirement described 
     in subsection (b)(2) for designation as a national heritage 
     area.
       (2) Report.--
       (A) In general.--Not later than 3 fiscal years after the 
     date on which funds are first made available to carry out the 
     study, the Secretary shall submit a report describing the 
     findings, conclusions, and recommendations of the study to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Requirements.--
       (i) In general.--The report shall contain--

       (I) any comments that the Secretary has received from the 
     Governor of the State relating to the designation of the 
     study area as a national heritage area; and
       (II) a finding as to whether the study area meets each 
     requirement described in subsection (b)(2) for designation as 
     a national heritage area.

       (ii) Disapproval.--If the Secretary determines that the 
     study area does not meet any requirement described in 
     subsection (b)(2) for designation as a national heritage 
     area, the Secretary shall include in the report a description 
     of each reason for the determination.

     Subtitle C--Amendments Relating to National Heritage Corridors

     SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL 
                   HERITAGE CORRIDOR.

       (a) Termination of Authority.--Section 106(b) of the 
     Quinebaug and Shetucket Rivers Valley National Heritage 
     Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449) 
     is amended by striking ``September 30, 2009'' and inserting 
     ``September 30, 2015''.
       (b) Evaluation; Report.--Section 106 of the Quinebaug and 
     Shetucket Rivers Valley National Heritage Corridor Act of 
     1994 (16

[[Page S9807]]

     U.S.C. 461 note; Public Law 103-449) is amended by adding at 
     the end the following:
       ``(c) Evaluation; Report.--
       ``(1) In general.--Not later than 3 years before the date 
     on which authority for Federal funding terminates for the 
     Corridor, the Secretary shall--
       ``(A) conduct an evaluation of the accomplishments of the 
     Corridor; and
       ``(B) prepare a report in accordance with paragraph (3).
       ``(2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       ``(A) assess the progress of the management entity with 
     respect to--
       ``(i) accomplishing the purposes of this title for the 
     Corridor; and
       ``(ii) achieving the goals and objectives of the management 
     plan for the Corridor;
       ``(B) analyze the Federal, State, local, and private 
     investments in the Corridor to determine the leverage and 
     impact of the investments; and
       ``(C) review the management structure, partnership 
     relationships, and funding of the Corridor for purposes of 
     identifying the critical components for sustainability of the 
     Corridor.
       ``(3) Report.--
       ``(A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Corridor.
       ``(B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Corridor be reauthorized, the report shall include an 
     analysis of--
       ``(i) ways in which Federal funding for the Corridor may be 
     reduced or eliminated; and
       ``(ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       ``(C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       ``(i) the Committee on Energy and Natural Resources of the 
     Senate; and
       ``(ii) the Committee on Natural Resources of the House of 
     Representatives.''.
       (c) Authorization of Appropriations.--Section 109(a) of the 
     Quinebaug and Shetucket Rivers Valley National Heritage 
     Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449) 
     is amended by striking ``$10,000,000'' and inserting 
     ``$15,000,000''.

     SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.

       The Delaware and Lehigh National Heritage Corridor Act of 
     1988 (16 U.S.C. 461 note; Public Law 100-692) is amended--
       (1) in section 9--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--The Commission''; and
       (B) by adding at the end the following:
       ``(b) Corporation as Local Coordinating Entity.--Beginning 
     on the date of enactment of the Omnibus Public Land 
     Management Act of 2008, the Corporation shall be the local 
     coordinating entity for the Corridor.
       ``(c) Implementation of Management Plan.--The Corporation 
     shall assume the duties of the Commission for the 
     implementation of the Plan.
       ``(d) Use of Funds.--The Corporation may use Federal funds 
     made available under this Act--
       ``(1) to make grants to, and enter into cooperative 
     agreements with, the Federal Government, the Commonwealth, 
     political subdivisions of the Commonwealth, nonprofit 
     organizations, and individuals;
       ``(2) to hire, train, and compensate staff; and
       ``(3) to enter into contracts for goods and services.
       ``(e) Restriction on Use of Funds.--The Corporation may not 
     use Federal funds made available under this Act to acquire 
     land or an interest in land.'';
       (2) in section 10--
       (A) in the first sentence of subsection (c), by striking 
     ``shall assist the Commission'' and inserting ``shall, on the 
     request of the Corporation, assist'';
       (B) in subsection (d)--
       (i) by striking ``Commission'' each place it appears and 
     inserting ``Corporation'';
       (ii) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (iii) by adding at the end the following:
       ``(2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the Corporation and other public 
     or private entities for the purpose of providing technical 
     assistance and grants under paragraph (1).
       ``(3) Priority.--In providing assistance to the Corporation 
     under paragraph (1), the Secretary shall give priority to 
     activities that assist in--
       ``(A) conserving the significant natural, historic, 
     cultural, and scenic resources of the Corridor; and
       ``(B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the 
     Corridor.''; and
       (C) by adding at the end the following:
       ``(e) Transition Memorandum of Understanding.--The 
     Secretary shall enter into a memorandum of understanding with 
     the Corporation to ensure--
       ``(1) appropriate transition of management of the Corridor 
     from the Commission to the Corporation; and
       ``(2) coordination regarding the implementation of the 
     Plan.'';
       (3) in section 11, in the matter preceding paragraph (1), 
     by striking ``directly affecting'';
       (4) in section 12--
       (A) in subsection (a), by striking ``Commission'' each 
     place it appears and inserting ``Corporation'';
       (B) in subsection (c)(1), by striking ``2007'' and 
     inserting ``2012''; and
       (C) by adding at the end the following:
       ``(d) Termination of Assistance.--The authority of the 
     Secretary to provide financial assistance under this Act 
     terminates on the date that is 5 years after the date of 
     enactment of this subsection.''; and
       (5) in section 14--
       (A) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) the term `Corporation' means the Delaware & Lehigh 
     National Heritage Corridor, Incorporated, an organization 
     described in section 501(c)(3), and exempt from Federal tax 
     under section 501(a), of the Internal Revenue Code of 
     1986;''.

     SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.

       The Erie Canalway National Heritage Corridor Act (16 U.S.C. 
     461 note; Public Law 106-554) is amended--
       (1) in section 804--
       (A) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``27'' and inserting ``at least 21 members, but not more than 
     27'';
       (ii) in paragraph (2), by striking ``Environment'' and 
     inserting ``Environmental''; and
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``19'';
       (II) by striking subparagraph (A);
       (III) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively;
       (IV) in subparagraph (B) (as redesignated by subclause 
     (III)), by striking the second sentence; and
       (V) by inserting after subparagraph (B) (as redesignated by 
     subclause (III)) the following:

       ``(C) The remaining members shall be--
       ``(i) appointed by the Secretary, based on recommendations 
     from each member of the House of Representatives, the 
     district of which encompasses the Corridor; and
       ``(ii) persons that are residents of, or employed within, 
     the applicable congressional districts.'';
       (B) in subsection (f), by striking ``Fourteen members of 
     the Commission'' and inserting ``A majority of the serving 
     Commissioners'';
       (C) in subsection (g), by striking ``14 of its members'' 
     and inserting ``a majority of the serving Commissioners'';
       (D) in subsection (h), by striking paragraph (4) and 
     inserting the following:
       ``(4)(A) to appoint any staff that may be necessary to 
     carry out the duties of the Commission, subject to the 
     provisions of title 5, United States Code, relating to 
     appointments in the competitive service; and
       ``(B) to fix the compensation of the staff, in accordance 
     with the provisions of chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to the 
     classification of positions and General Schedule pay 
     rates;''; and
       (E) in subsection (j), by striking ``10 years'' and 
     inserting ``15 years'';
       (2) in section 807--
       (A) in subsection (e), by striking ``with regard to the 
     preparation and approval of the Canalway Plan''; and
       (B) by adding at the end the following:
       ``(f) Operational Assistance.--Subject to the availability 
     of appropriations, the Superintendent of Saratoga National 
     Historical Park may, on request, provide to public and 
     private organizations in the Corridor (including the 
     Commission) any operational assistance that is appropriate to 
     assist with the implementation of the Canalway Plan.''; and
       (3) in section 810(a)(1), in the first sentence, by 
     striking ``any fiscal year'' and inserting ``any fiscal year, 
     to remain available until expended''.

     SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL 
                   HERITAGE CORRIDOR.

       Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note; 
     100 Stat. 3626, 120 Stat. 1857) is amended--
       (1) by striking ``shall be the the'' and inserting ``shall 
     be the''; and
       (2) by striking ``Directors from Massachusetts and Rhode 
     Island;'' and inserting ``Directors from Massachusetts and 
     Rhode Island, ex officio, or their delegates;''.

             TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

                    Subtitle A--Feasibility Studies

     SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.

       (a) In General.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may conduct feasibility 
     studies on projects that address water shortages within the 
     Snake, Boise, and Payette River systems in the State of 
     Idaho, and are considered appropriate for further study by 
     the Bureau of Reclamation Boise Payette water storage 
     assessment report issued during 2006.
       (b) Bureau of Reclamation.--A study conducted under this 
     section shall comply with Bureau of Reclamation policy 
     standards and guidelines for studies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the

[[Page S9808]]

     Secretary of the Interior to carry out this section 
     $3,000,000.
       (d) Termination of Effectiveness.--The authority provided 
     by this section terminates on the date that is 10 years after 
     the date of enactment of this Act.

     SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.

       (a) Definitions.--In this section:
       (1) Appraisal report.--The term ``appraisal report'' means 
     the appraisal report concerning the augmentation alternatives 
     for the Sierra Vista Subwatershed in the State of Arizona, 
     dated June 2007 and prepared by the Bureau of Reclamation.
       (2) Principles and guidelines.--The term ``principles and 
     guidelines'' means the report entitled ``Economic and 
     Environmental Principles and Guidelines for Water and Related 
     Land Resources Implementation Studies'' issued on March 10, 
     1983, by the Water Resources Council established under title 
     I of the Water Resources Planning Act (42 U.S.C. 1962a et 
     seq.).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Sierra Vista Subwatershed Feasibility Study.--
       (1) Study.--
       (A) In general.--In accordance with the reclamation laws 
     and the principles and guidelines, the Secretary, acting 
     through the Commissioner of Reclamation, may complete a 
     feasibility study of alternatives to augment the water 
     supplies within the Sierra Vista Subwatershed in the State of 
     Arizona that are identified as appropriate for further study 
     in the appraisal report.
       (B) Inclusions.--In evaluating the feasibility of 
     alternatives under subparagraph (A), the Secretary shall--
       (i) include--

       (I) any required environmental reviews;
       (II) the construction costs and projected operations, 
     maintenance, and replacement costs for each alternative; and
       (III) the economic feasibility of each alternative;

       (ii) take into consideration the ability of Federal, 
     tribal, State, and local government sources and private 
     sources to fund capital construction costs and annual 
     operation, maintenance, energy, and replacement costs;
       (iii) establish the basis for--

       (I) any cost-sharing allocations; and
       (II) anticipated repayment, if any, of Federal 
     contributions; and

       (iv) perform a cost-benefit analysis.
       (2) Cost sharing requirement.--
       (A) In general.--The Federal share of the total costs of 
     the study under paragraph (1) shall not exceed 45 percent.
       (B) Form of non-federal share.--The non-Federal share 
     required under subparagraph (A) may be in the form of any in-
     kind service that the Secretary determines would contribute 
     substantially toward the conduct and completion of the study 
     under paragraph (1).
       (3) Statement of congressional intent relating to 
     completion of study.--It is the intent of Congress that the 
     Secretary complete the study under paragraph (1) by a date 
     that is not later than 30 months after the date of enactment 
     of this Act.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $1,260,000.
       (c) Water Rights.--Nothing in this section affects--
       (1) any valid or vested water right in existence on the 
     date of enactment of this Act; or
       (2) any application for water rights pending before the 
     date of enactment of this Act.

     SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.

       (a) Feasibility Study, Project Development, Cost Share.--
       (1) In general.--The Secretary of the Interior (hereinafter 
     referred to as ``Secretary''), in consultation and 
     cooperation with the City of San Diego and the Sweetwater 
     Authority, is authorized to undertake a study to determine 
     the feasibility of constructing a four reservoir intertie 
     system to improve water storage opportunities, water supply 
     reliability, and water yield of the existing non-Federal 
     water storage system. The feasibility study shall document 
     the Secretary's engineering, environmental, and economic 
     investigation of the proposed reservoir and intertie project 
     taking into consideration the range of potential solutions 
     and the circumstances and needs of the area to be served by 
     the proposed reservoir and intertie project, the potential 
     benefits to the people of that service area, and improved 
     operations of the proposed reservoir and intertie system. The 
     Secretary shall indicate in the feasibility report required 
     under paragraph (4) whether the proposed reservoir and 
     intertie project is recommended for construction.
       (2) Federal cost share.--The Federal share of the costs of 
     the feasibility study shall not exceed 50 percent of the 
     total study costs. The Secretary may accept as part of the 
     non-Federal cost share, any contribution of such in-kind 
     services by the City of San Diego and the Sweetwater 
     Authority that the Secretary determines will contribute 
     toward the conduct and completion of the study.
       (3) Cooperation.--The Secretary shall consult and cooperate 
     with appropriate State, regional, and local authorities in 
     implementing this subsection.
       (4) Feasibility report.--The Secretary shall submit to 
     Congress a feasibility report for the project the Secretary 
     recommends, and to seek, as the Secretary deems appropriate, 
     specific authority to develop and construct any recommended 
     project. This report shall include--
       (A) good faith letters of intent by the City of San Diego 
     and the Sweetwater Authority and its non-Federal partners to 
     indicate that they have committed to share the allocated 
     costs as determined by the Secretary; and
       (B) a schedule identifying the annual operation, 
     maintenance, and replacement costs that should be allocated 
     to the City of San Diego and the Sweetwater Authority, as 
     well as the current and expected financial capability to pay 
     operation, maintenance, and replacement costs.
       (b) Federal Reclamation Projects.--Nothing in this section 
     shall supersede or amend the provisions of Federal 
     Reclamation laws or laws associated with any project or any 
     portion of any project constructed under any authority of 
     Federal Reclamation laws.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $3,000,000 for the 
     Federal cost share of the study authorized in subsection (a).
       (d) Sunset.--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.

                   Subtitle B--Project Authorizations

     SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION 
                   PROJECT, OREGON.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Tumalo 
     Irrigation District, Oregon.
       (2) Project.--The term ``Project'' means the Tumalo 
     Irrigation District Water Conservation Project authorized 
     under subsection (b)(1).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authorization To Plan, Design and Construct the Tumalo 
     Water Conservation Project.--
       (1) Authorization.--The Secretary, in cooperation with the 
     District--
       (A) may participate in the planning, design, and 
     construction of the Tumalo Irrigation District Water 
     Conservation Project in Deschutes County, Oregon; and
       (B) for purposes of planning and designing the Project, 
     shall take into account any appropriate studies and reports 
     prepared by the District.
       (2) Cost-sharing requirement.--
       (A) Federal share.--The Federal share of the total cost of 
     the Project shall be 25 percent, which shall be 
     nonreimbursable to the United States.
       (B) Credit toward non-federal share.--The Secretary shall 
     credit toward the non-Federal share of the Project any 
     amounts that the District provides toward the design, 
     planning, and construction before the date of enactment of 
     this Act.
       (3) Title.--The District shall hold title to any facilities 
     constructed under this section.
       (4) Operation and maintenance costs.--The District shall 
     pay the operation and maintenance costs of the Project.
       (5) Effect.--Any assistance provided under this section 
     shall not be considered to be 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.).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for the Federal share of 
     the cost of the Project $4,000,000.
       (d) Termination of Authority.--The authority of the 
     Secretary to carry out this section shall expire on the date 
     that is 10 years after the date of enactment of this Act.

     SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, 
                   CALIFORNIA.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Madera 
     Irrigation District, Madera, California.
       (2) Project.--The term ``Project'' means the Madera Water 
     Supply Enhancement Project, a groundwater bank on the 13,646-
     acre Madera Ranch in Madera, California, owned, operated, 
     maintained, and managed by the District that will plan, 
     design, and construct recharge, recovery, and delivery 
     systems able to store up to 250,000 acre-feet of water and 
     recover up to 55,000 acre-feet of water per year, as 
     substantially described in the California Environmental 
     Quality Act, Final Environmental Impact Report for the Madera 
     Irrigation District Water Supply Enhancement Project, 
     September 2005.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Total cost.--The term ``total cost'' means all 
     reasonable costs, such as the planning, design, permitting, 
     and construction of the Project and the acquisition costs of 
     lands used or acquired by the District for the Project.
       (b) Project Feasibility.--
       (1) Project feasible.--Pursuant to the Reclamation Act of 
     1902 (32 Stat. 388) and Acts amendatory thereof and 
     supplemental thereto, the Project is feasible and no further 
     studies or actions regarding feasibility are necessary.
       (2) Applicability of other laws.--The Secretary shall 
     implement the authority provided in this section in 
     accordance with all applicable Federal laws, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the Endangered Species Act of 1973 (7 U.S.C. 136; 
     16 U.S.C. 460 et seq.).
       (c) Cooperative Agreement.--All final planning and design 
     and the construction of the Project authorized by this 
     section shall

[[Page S9809]]

     be undertaken in accordance with a cooperative agreement 
     between the Secretary and the District for the Project. Such 
     cooperative agreement shall set forth in a manner acceptable 
     to the Secretary and the District the responsibilities of the 
     District for participating, which shall include--
       (1) engineering and design;
       (2) construction; and
       (3) the administration of contracts pertaining to any of 
     the foregoing.
       (d) Authorization for the Madera Water Supply and 
     Enhancement Project.--
       (1) Authorization of construction.--The Secretary, acting 
     pursuant to the Federal reclamation laws (Act of June 17, 
     1902; 32 Stat. 388), and Acts amendatory thereof or 
     supplementary thereto, is authorized to enter into a 
     cooperative agreement through the Bureau of Reclamation with 
     the District for the support of the final design and 
     construction of the Project.
       (2) Total cost.--The total cost of the Project for the 
     purposes of determining the Federal cost share shall not 
     exceed $90,000,000.
       (3) Cost share.--The Federal share of the capital costs of 
     the Project shall be provided on a nonreimbursable basis and 
     shall not exceed 25 percent of the total cost. Capital, 
     planning, design, permitting, construction, and land 
     acquisition costs incurred by the District prior to the date 
     of the enactment of this Act shall be considered a portion of 
     the non-Federal cost share.
       (4) Credit for non-federal work.--The District shall 
     receive credit toward the non-Federal share of the cost of 
     the Project for--
       (A) in-kind services that the Secretary determines would 
     contribute substantially toward the completion of the 
     project;
       (B) reasonable costs incurred by the District as a result 
     of participation in the planning, design, permitting, and 
     construction of the Project; and
       (C) the acquisition costs of lands used or acquired by the 
     District for the Project.
       (5) Limitation.--The Secretary shall not provide funds for 
     the operation or maintenance of the Project authorized by 
     this subsection. The operation, ownership, and maintenance of 
     the Project shall be the sole responsibility of the District.
       (6) Plans and analyses consistent with federal law.--Before 
     obligating funds for design or construction under this 
     subsection, the Secretary shall work cooperatively with the 
     District to use, to the extent possible, plans, designs, and 
     engineering and environmental analyses that have already been 
     prepared by the District for the Project. The Secretary shall 
     ensure that such information as is used is consistent with 
     applicable Federal laws and regulations.
       (7) Title; responsibility; liability.--Nothing in this 
     subsection or the assistance provided under this subsection 
     shall be construed to transfer title, responsibility, or 
     liability related to the Project to the United States.
       (8) Authorization of appropriation.--There is authorized to 
     be appropriated to the Secretary to carry out this subsection 
     $22,500,000 or 25 percent of the total cost of the Project, 
     whichever is less.
       (e) Sunset.--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. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW 
                   MEXICO.

       (a) Definitions.--In this section:
       (1) Authority.--The term ``Authority'' means the Eastern 
     New Mexico Rural Water Authority, an entity formed under 
     State law for the purposes of planning, financing, 
     developing, and operating the System.
       (2) Engineering report.--The term ``engineering report'' 
     means the report entitled ``Eastern New Mexico Rural Water 
     System Preliminary Engineering Report'' and dated October 
     2006.
       (3) Plan.--The term ``plan'' means the operation, 
     maintenance, and replacement plan required by subsection 
     (c)(2).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New 
     Mexico.
       (6) System.--
       (A) In general.--The term ``System'' means the Eastern New 
     Mexico Rural Water System, a water delivery project designed 
     to deliver approximately 16,500 acre-feet of water per year 
     from the Ute Reservoir to the cities of Clovis, Elida, Grady, 
     Melrose, Portales, and Texico and other locations in Curry, 
     Roosevelt, and Quay Counties in the State.
       (B) Inclusions.--The term ``System'' includes the major 
     components and associated infrastructure identified as the 
     ``Best Technical Alternative'' in the engineering report.
       (7) Ute reservoir.--The term ``Ute Reservoir'' means the 
     impoundment of water created in 1962 by the construction of 
     the Ute Dam on the Canadian River, located approximately 32 
     miles upstream of the border between New Mexico and Texas.
       (b) Eastern New Mexico Rural Water System.--
       (1) Financial assistance.--
       (A) In general.--The Secretary may provide financial and 
     technical assistance to the Authority to assist in planning, 
     designing, conducting related preconstruction activities for, 
     and constructing the System.
       (B) Use.--
       (i) In general.--Any financial assistance provided under 
     subparagraph (A) shall be obligated and expended only in 
     accordance with a cooperative agreement entered into under 
     subsection (d)(1)(B).
       (ii) Limitations.--Financial assistance provided under 
     clause (i) shall not be used--

       (I) for any activity that is inconsistent with constructing 
     the System; or
       (II) to plan or construct facilities used to supply 
     irrigation water for irrigated agricultural purposes.

       (2) Cost-sharing requirement.--
       (A) In general.--The Federal share of the total cost of any 
     activity or construction carried out using amounts made 
     available under this section shall be not more than 75 
     percent of the total cost of the System.
       (B) System development costs.--For purposes of subparagraph 
     (A), the total cost of the System shall include any costs 
     incurred by the Authority or the State on or after October 1, 
     2003, for the development of the System.
       (3) Limitation.--No amounts made available under this 
     section may be used for the construction of the System 
     until--
       (A) a plan is developed under subsection (c)(2); and
       (B) the Secretary and the Authority have complied with any 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) applicable to the System.
       (4) Title to project works.--Title to the infrastructure of 
     the System shall be held by the Authority or as may otherwise 
     be specified under State law.
       (c) Operation, Maintenance, and Replacement Costs.--
       (1) In general.--The Authority shall be responsible for the 
     annual operation, maintenance, and replacement costs 
     associated with the System.
       (2) Operation, maintenance, and replacement plan.--The 
     Authority, in consultation with the Secretary, shall develop 
     an operation, maintenance, and replacement plan that 
     establishes the rates and fees for beneficiaries of the 
     System in the amount necessary to ensure that the System is 
     properly maintained and capable of delivering approximately 
     16,500 acre-feet of water per year.
       (d) Administrative Provisions.--
       (1) Cooperative agreements.--
       (A) In general.--The Secretary may enter into any contract, 
     grant, cooperative agreement, or other agreement that is 
     necessary to carry out this section.
       (B) Cooperative agreement for provision of financial 
     assistance.--
       (i) In general.--The Secretary shall enter into a 
     cooperative agreement with the Authority to provide financial 
     assistance and any other assistance requested by the 
     Authority for planning, design, related preconstruction 
     activities, and construction of the System.
       (ii) Requirements.--The cooperative agreement entered into 
     under clause (i) shall, at a minimum, specify the 
     responsibilities of the Secretary and the Authority with 
     respect to--

       (I) ensuring that the cost-share requirements established 
     by subsection (b)(2) are met;
       (II) completing the planning and final design of the 
     System;
       (III) any environmental and cultural resource compliance 
     activities required for the System; and
       (IV) the construction of the System.

       (2) Technical assistance.--At the request of the Authority, 
     the Secretary may provide to the Authority any technical 
     assistance that is necessary to assist the Authority in 
     planning, designing, constructing, and operating the System.
       (3) Biological assessment.--The Secretary shall consult 
     with the New Mexico Interstate Stream Commission and the 
     Authority in preparing any biological assessment under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
     may be required for planning and constructing the System.
       (4) Effect.--Nothing in this section--
       (A) affects or preempts--
       (i) State water law; or
       (ii) an interstate compact relating to the allocation of 
     water; or
       (B) confers on any non-Federal entity the ability to 
     exercise any Federal rights to--
       (i) the water of a stream; or
       (ii) any groundwater resource.
       (e) Authorization of Appropriations.--
       (1) In general.--In accordance with the adjustment carried 
     out under paragraph (2), there is authorized to be 
     appropriated to the Secretary to carry out this section an 
     amount not greater than $327,000,000.
       (2) Adjustment.--The amount made available under paragraph 
     (1) shall be adjusted to reflect changes in construction 
     costs occurring after January 1, 2007, as indicated by 
     engineering cost indices applicable to the types of 
     construction necessary to carry out this section.
       (3) Nonreimbursable amounts.--Amounts made available to the 
     Authority in accordance with the cost-sharing requirement 
     under subsection (b)(2) shall be nonreimbursable and 
     nonreturnable to the United States.
       (4) Availability of funds.--At the end of each fiscal year, 
     any unexpended funds appropriated pursuant to this section 
     shall be retained for use in future fiscal years consistent 
     with this section.

     SEC. 9104. RANCHO CAILFORNIA WATER DISTRICT PROJECT, 
                   CALIFORNIA.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) is amended by adding at the end the 
     following:

[[Page S9810]]

     ``SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, 
                   CALIFORNIA.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Rancho California Water District, California, may 
     participate in the design, planning, and construction of 
     permanent facilities for water recycling, demineralization, 
     and desalination, and distribution of non-potable water 
     supplies in Southern Riverside County, California.
       ``(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 or $20,000,000, 
     whichever is less.
       ``(c) Limitation.--Funds provided by the Secretary under 
     this section shall not be used for operation or maintenance 
     of the project described in subsection (a).''.
       (b) Clerical Amendment.--The table of items in section 2 of 
     Public Law 102-575 is amended by inserting after the last 
     item the following:

``Sec. 1649. Rancho California Water District Project, California.''.

     SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.

       (a) Definitions.--In this section:
       (1) Assessment.--The term ``assessment'' means the 
     engineering document that is--
       (A) entitled ``Jackson Gulch Inlet Canal Project, Jackson 
     Gulch Outlet Canal Project, Jackson Gulch Operations 
     Facilities Project: Condition Assessment and Recommendations 
     for Rehabilitation'';
       (B) dated February 2004; and
       (C) on file with the Bureau of Reclamation.
       (2) District.--The term ``District'' means the Mancos Water 
     Conservancy District established under the Water Conservancy 
     Act (Colo. Rev. Stat. 37-45-101 et seq.).
       (3) Project.--The term ``Project'' means the Jackson Gulch 
     rehabilitation project, a program for the rehabilitation of 
     the Jackson Gulch Canal system and other infrastructure in 
     the State, as described in the assessment.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (5) State.--The term ``State'' means the State of Colorado.
       (b) Authorization of Jackson Gulch Rehabilitation 
     Project.--
       (1) In general.--Subject to the reimbursement requirement 
     described in paragraph (3), the Secretary shall pay the 
     Federal share of the total cost of carrying out the Project.
       (2) Use of existing information.--In preparing any studies 
     relating to the Project, the Secretary shall, to the maximum 
     extent practicable, use existing studies, including 
     engineering and resource information provided by, or at the 
     direction of--
       (A) Federal, State, or local agencies; and
       (B) the District.
       (3) Reimbursement requirement.--
       (A) Amount.--The Secretary shall recover from the District 
     as reimbursable expenses the lesser of--
       (i) the amount equal to 35 percent of the cost of the 
     Project; or
       (ii) $2,900,000.
       (B) Manner.--The Secretary shall recover reimbursable 
     expenses under subparagraph (A)--
       (i) in a manner agreed to by the Secretary and the 
     District;
       (ii) over a period of 15 years; and
       (iii) with no interest.
       (C) Credit.--In determining the exact amount of 
     reimbursable expenses to be recovered from the District, the 
     Secretary shall credit the District for any amounts it paid 
     before the date of enactment of this Act for engineering work 
     and improvements directly associated with the Project.
       (4) Prohibition on operation and maintenance costs.--The 
     District shall be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this section.
       (5) Liability.--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 under this section.
       (6) Effect.--An activity provided Federal funding under 
     this section shall not be considered a supplemental or 
     additional benefit under--
       (A) the reclamation laws; or
       (B) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to pay the Federal share 
     of the total cost of carrying out the Project $8,250,000.

     SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) drought, population increases, and environmental needs 
     are exacerbating water supply issues across the western 
     United States, including the Rio Grande Basin in New Mexico;
       (B) a report developed by the Bureau of Reclamation and the 
     Bureau of Indian Affairs in 2000 identified a serious need 
     for the rehabilitation and repair of irrigation 
     infrastructure of the Rio Grande Pueblos;
       (C) inspection of existing irrigation infrastructure of the 
     Rio Grande Pueblos shows that many key facilities, such as 
     diversion structures and main conveyance ditches, are unsafe 
     and barely, if at all, operable;
       (D) the benefits of rehabilitating and repairing irrigation 
     infrastructure of the Rio Grande Pueblos include--
       (i) water conservation;
       (ii) extending available water supplies;
       (iii) increased agricultural productivity;
       (iv) economic benefits;
       (v) safer facilities; and
       (vi) the preservation of the culture of Indian Pueblos in 
     the State;
       (E) certain Indian Pueblos in the Rio Grande Basin receive 
     water from facilities operated or owned by the Bureau of 
     Reclamation; and
       (F) rehabilitation and repair of irrigation infrastructure 
     of the Rio Grande Pueblos would improve--
       (i) overall water management by the Bureau of Reclamation; 
     and
       (ii) the ability of the Bureau of Reclamation to help 
     address potential water supply conflicts in the Rio Grande 
     Basin.
       (2) Purpose.--The purpose of this section is to direct the 
     Secretary--
       (A) to assess the condition of the irrigation 
     infrastructure of the Rio Grande Pueblos;
       (B) to establish priorities for the rehabilitation of 
     irrigation infrastructure of the Rio Grande Pueblos in 
     accordance with specified criteria; and
       (C) to implement projects to rehabilitate and improve the 
     irrigation infrastructure of the Rio Grande Pueblos.
       (b) Definitions.--In this section:
       (1) 2004 agreement.--The term ``2004 Agreement'' means the 
     agreement entitled ``Agreement By and Between the United 
     States of America and the Middle Rio Grande Conservancy 
     District, Providing for the Payment of Operation and 
     Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in 
     the Middle Rio Grande Valley, New Mexico'' and executed in 
     September 2004 (including any successor agreements and 
     amendments to the agreement).
       (2) Designated engineer.--The term ``designated engineer'' 
     means a Federal employee designated under the Act of February 
     14, 1927 (69 Stat. 1098, chapter 138) to represent the United 
     States in any action involving the maintenance, 
     rehabilitation, or preservation of the condition of any 
     irrigation structure or facility on land located in the Six 
     Middle Rio Grande Pueblos.
       (3) District.--The term ``District'' means the Middle Rio 
     Grande Conservancy District, a political subdivision of the 
     State established in 1925.
       (4) Pueblo irrigation infrastructure.--The term ``Pueblo 
     irrigation infrastructure'' means any diversion structure, 
     conveyance facility, or drainage facility that is--
       (A) in existence as of the date of enactment of this Act; 
     and
       (B) located on land of a Rio Grande Pueblo that is 
     associated with--
       (i) the delivery of water for the irrigation of 
     agricultural land; or
       (ii) the carriage of irrigation return flows and excess 
     water from the land that is served.
       (5) Rio grande basin.--The term ``Rio Grande Basin'' means 
     the headwaters of the Rio Chama and the Rio Grande Rivers 
     (including any tributaries) from the State line between 
     Colorado and New Mexico downstream to the elevation 
     corresponding with the spillway crest of Elephant Butte Dam 
     at 4,457.3 feet mean sea level.
       (6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' 
     means any of the 18 Pueblos that--
       (A) occupy land in the Rio Grande Basin; and
       (B) are included on the list of federally recognized Indian 
     tribes published by the Secretary in accordance with section 
     104 of the Federally Recognized Indian Tribe List Act of 1994 
     (25 U.S.C. 479a-1).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) Six middle rio grande pueblos.--The term ``Six Middle 
     Rio Grande Pueblos'' means each of the Pueblos of Cochiti, 
     Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
       (9) Special project.--The term ``special project'' has the 
     meaning given the term in the 2004 Agreement.
       (10) State.--The term ``State'' means the State of New 
     Mexico.
       (c) Irrigation Infrastructure Study.--
       (1) Study.--
       (A) In general.--On the date of enactment of this Act, the 
     Secretary, in accordance with subparagraph (B), and in 
     consultation with the Rio Grande Pueblos, shall--
       (i) conduct a study of Pueblo irrigation infrastructure; 
     and
       (ii) based on the results of the study, develop a list of 
     projects (including a cost estimate for each project), that 
     are recommended to be implemented over a 10-year period to 
     repair, rehabilitate, or reconstruct Pueblo irrigation 
     infrastructure.
       (B) Required consent.--In carrying out subparagraph (A), 
     the Secretary shall only include each individual Rio Grande 
     Pueblo that notifies the Secretary that the Pueblo consents 
     to participate in--
       (i) the conduct of the study under subparagraph (A)(i); and
       (ii) the development of the list of projects under 
     subparagraph (A)(ii) with respect to the Pueblo.
       (2) Priority.--
       (A) Consideration of factors.--
       (i) In general.--In developing the list of projects under 
     paragraph (1)(A)(ii), the Secretary shall--

       (I) consider each of the factors described in subparagraph 
     (B); and
       (II) prioritize the projects recommended for implementation 
     based on--

[[Page S9811]]

       (aa) a review of each of the factors; and
       (bb) a consideration of the projected benefits of the 
     project on completion of the project.
       (ii) Eligibility of projects.--A project is eligible to be 
     considered and prioritized by the Secretary if the project 
     addresses at least 1 factor described in subparagraph (B).
       (B) Factors.--The factors referred to in subparagraph (A) 
     are--
       (i)(I) the extent of disrepair of the Pueblo irrigation 
     infrastructure; and
       (II) the effect of the disrepair on the ability of the 
     applicable Rio Grande Pueblo to irrigate agricultural land 
     using Pueblo irrigation infrastructure;
       (ii) whether, and the extent that, the repair, 
     rehabilitation, or reconstruction of the Pueblo irrigation 
     infrastructure would provide an opportunity to conserve 
     water;
       (iii)(I) the economic and cultural impacts that the Pueblo 
     irrigation infrastructure that is in disrepair has on the 
     applicable Rio Grande Pueblo; and
       (II) the economic and cultural benefits that the repair, 
     rehabilitation, or reconstruction of the Pueblo irrigation 
     infrastructure would have on the applicable Rio Grande 
     Pueblo;
       (iv) the opportunity to address water supply or 
     environmental conflicts in the applicable river basin if the 
     Pueblo irrigation infrastructure is repaired, rehabilitated, 
     or reconstructed; and
       (v) the overall benefits of the project to efficient water 
     operations on the land of the applicable Rio Grande Pueblo.
       (3) Consultation.--In developing the list of projects under 
     paragraph (1)(A)(ii), the Secretary shall consult with the 
     Director of the Bureau of Indian Affairs (including the 
     designated engineer with respect to each proposed project 
     that affects the Six Middle Rio Grande Pueblos), the Chief of 
     the Natural Resources Conservation Service, and the Chief of 
     Engineers to evaluate the extent to which programs under the 
     jurisdiction of the respective agencies may be used--
       (A) to assist in evaluating projects to repair, 
     rehabilitate, or reconstruct Pueblo irrigation 
     infrastructure; and
       (B) to implement--
       (i) a project recommended for implementation under 
     paragraph (1)(A)(ii); or
       (ii) any other related project (including on-farm 
     improvements) that may be appropriately coordinated with the 
     repair, rehabilitation, or reconstruction of Pueblo 
     irrigation infrastructure to improve the efficient use of 
     water in the Rio Grande Basin.
       (4) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that includes--
       (A) the list of projects recommended for implementation 
     under paragraph (1)(A)(ii); and
       (B) any findings of the Secretary with respect to--
       (i) the study conducted under paragraph (1)(A)(i);
       (ii) the consideration of the factors under paragraph 
     (2)(B); and
       (iii) the consultations under paragraph (3).
       (5) Periodic review.--Not later than 4 years after the date 
     on which the Secretary submits the report under paragraph (4) 
     and every 4 years thereafter, the Secretary, in consultation 
     with each Rio Grande Pueblo, shall--
       (A) review the report submitted under paragraph (4); and
       (B) update the list of projects described in paragraph 
     (4)(A) in accordance with each factor described in paragraph 
     (2)(B), as the Secretary determines to be appropriate.
       (d)  Irrigation Infrastructure Grants.--
       (1) In general.--The Secretary may provide grants to, and 
     enter into contracts or other agreements with, the Rio Grande 
     Pueblos to plan, design, construct, or otherwise implement 
     projects to repair, rehabilitate, reconstruct, or replace 
     Pueblo irrigation infrastructure that are recommended for 
     implementation under subsection (c)(1)(A)(ii)--
       (A) to increase water use efficiency and agricultural 
     productivity for the benefit of a Rio Grande Pueblo;
       (B) to conserve water; or
       (C) to otherwise enhance water management or help avert 
     water supply conflicts in the Rio Grande Basin.
       (2) Limitation.--Assistance provided under paragraph (1) 
     shall not be used for--
       (A) the repair, rehabilitation, or reconstruction of any 
     major impoundment structure; or
       (B) any on-farm improvements.
       (3) Consultation.--In carrying out a project under 
     paragraph (1), the Secretary shall--
       (A) consult with, and obtain the approval of, the 
     applicable Rio Grande Pueblo;
       (B) consult with the Director of the Bureau of Indian 
     Affairs; and
       (C) as appropriate, coordinate the project with any work 
     being conducted under the irrigation operations and 
     maintenance program of the Bureau of Indian Affairs.
       (4) Cost-sharing requirement.--
       (A) Federal share.--
       (i) In general.--Except as provided in clause (ii), the 
     Federal share of the total cost of carrying out a project 
     under paragraph (1) shall be not more than 75 percent.
       (ii) Exception.--The Secretary may waive or limit the non-
     Federal share required under clause (i) if the Secretary 
     determines, based on a demonstration of financial hardship by 
     the Rio Grande Pueblo, that the Rio Grande Pueblo is unable 
     to contribute the required non-Federal share.
       (B) District contributions.--
       (i) In general.--The Secretary may accept from the District 
     a partial or total contribution toward the non-Federal share 
     required for a project carried out under paragraph (1) on 
     land located in any of the Six Middle Rio Grande Pueblos if 
     the Secretary determines that the project is a special 
     project.
       (ii) Limitation.--Nothing in clause (i) requires the 
     District to contribute to the non-Federal share of the cost 
     of a project carried out under paragraph (1).
       (C) State contributions.--
       (i) In general.--The Secretary may accept from the State a 
     partial or total contribution toward the non-Federal share 
     for a project carried out under paragraph (1).
       (ii) Limitation.--Nothing in clause (i) requires the State 
     to contribute to the non-Federal share of the cost of a 
     project carried out under paragraph (1).
       (D) Form of non-federal share.--The non-Federal share under 
     subparagraph (A)(i) may be in the form of in-kind 
     contributions, including the contribution of any valuable 
     asset or service that the Secretary determines would 
     substantially contribute to a project carried out under 
     paragraph (1).
       (5) Operation and maintenance.--The Secretary may not use 
     any amount made available under subsection (g)(2) to carry 
     out the operation or maintenance of any project carried out 
     under paragraph (1).
       (e) Effect on Existing Authority and Responsibilities.--
     Nothing in this section--
       (1) affects any existing project-specific funding 
     authority; or
       (2) limits or absolves the United States from any 
     responsibility to any Rio Grande Pueblo (including any 
     responsibility arising from a trust relationship or from any 
     Federal law (including regulations), Executive order, or 
     agreement between the Federal Government and any Rio Grande 
     Pueblo).
       (f) Effect on Pueblo Water Rights or State Water Law.--
       (1) Pueblo water rights.--Nothing in this section 
     (including the implementation of any project carried out in 
     accordance with this section) affects the right of any Pueblo 
     to receive, divert, store, or claim a right to water, 
     including the priority of right and the quantity of water 
     associated with the water right under Federal or State law.
       (2) State water law.--Nothing in this section preempts or 
     affects--
       (A) State water law; or
       (B) an interstate compact governing water.
       (g) Authorization of Appropriations.--
       (1) Study.--There is authorized to be appropriated to carry 
     out subsection (c) $4,000,000.
       (2) Projects.--There is authorized to be appropriated to 
     carry out subsection (d) $6,000,000 for each of fiscal years 
     2010 through 2019.

     SEC. 9107. UPPER COLORADO RIVER BASIN FUND.

       (a) Definitions.--Section 2 of Public Law 106-392 (114 
     Stat. 1602) is amended--
       (1) in paragraph (5), by inserting ``, rehabilitation, and 
     repair'' after ``and replacement''; and
       (2) in paragraph (6), by inserting ``those for protection 
     of critical habitat, those for preventing entrainment of fish 
     in water diversions,'' after ``instream flows,''.
       (b) Authorization to Fund Recovery Programs.--Section 3 of 
     Public Law 106-392 (114 Stat. 1603; 120 Stat. 290) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$61,000,000'' and 
     inserting ``$88,000,000'';
       (B) in paragraph (2), by striking ``2010'' and inserting 
     ``2023''; and
       (C) in paragraph (3), by striking ``2010'' and inserting 
     ``2023'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``$126,000,000'' and inserting ``$209,000,000'';
       (B) in paragraph (1)--
       (i) by striking ``$108,000,000'' and inserting 
     ``$179,000,000''; and
       (ii) by striking ``2010'' and inserting ``2023''; and
       (C) in paragraph (2)--
       (i) by striking ``$18,000,000'' and inserting 
     ``$30,000,000''; and
       (ii) by striking ``2010'' and inserting ``2023''; and
       (3) in subsection (c)(4), by striking ``$31,000,000'' and 
     inserting ``$87,000,000''.

     SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Fallbrook 
     Public Utility District, San Diego County, California.
       (2) Project.--The term ``Project'' means the impoundment, 
     recharge, treatment, and other facilities the construction, 
     operation, watershed management, and maintenance of which is 
     authorized under subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authorization for Construction of Santa Margarita River 
     Project.--
       (1) Authorization.--The Secretary, acting pursuant to 
     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 the extent that law 
     is not inconsistent with this section, may construct, 
     operate, and maintain the Project substantially in accordance 
     with the final feasibility report and

[[Page S9812]]

     environmental reviews for the Project and this section.
       (2) Conditions.--The Secretary may construct the Project 
     only after the Secretary determines that the following 
     conditions have occurred:
       (A)(i) The District and the Secretary of the Navy have 
     entered into contracts under subsections (c)(2) and (e) of 
     section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 
     485h) to repay to the United States equitable and appropriate 
     portions, as determined by the Secretary, of the actual costs 
     of constructing, operating, and maintaining the Project.
       (ii) As an alternative to a repayment contract with the 
     Secretary of the Navy described in clause (i), the Secretary 
     may allow the Secretary of the Navy to satisfy all or a 
     portion of the repayment obligation for construction of the 
     Project on the payment of the share of the Secretary of the 
     Navy prior to the initiation of construction, subject to a 
     final cost allocation as described in subsection (c).
       (B) The officer or agency of the State of California 
     authorized by law to grant permits for the appropriation of 
     water has granted the permits to the Bureau of Reclamation 
     for the benefit of the Secretary of the Navy and the District 
     as permittees for rights to the use of water for storage and 
     diversion as provided in this section, including approval of 
     all requisite changes in points of diversion and storage, and 
     purposes and places of use.
       (C)(i) The District has agreed--
       (I) to not assert against the United States any prior 
     appropriative right the District may have to water in excess 
     of the quantity deliverable to the District under this 
     section; and
       (II) to share in the use of the waters impounded by the 
     Project on the basis of equal priority and in accordance with 
     the ratio prescribed in subsection (d)(2).
       (ii) The agreement and waiver under clause (i) and the 
     changes in points of diversion and storage under subparagraph 
     (B)--
       (I) shall become effective and binding only when the 
     Project has been completed and put into operation; and
       (II) may be varied by agreement between the District and 
     the Secretary of the Navy.
       (D) The Secretary has determined that the Project has 
     completed applicable economic, environmental, and engineering 
     feasibility studies.
       (c) Costs.--
       (1) In general.--As determined by a final cost allocation 
     after completion of the construction of the Project, the 
     Secretary of the Navy shall be responsible to pay upfront or 
     repay to the Secretary only that portion of the construction, 
     operation, and maintenance costs of the Project that the 
     Secretary and the Secretary of the Navy determine reflects 
     the extent to which the Department of the Navy benefits from 
     the Project.
       (2) Other contracts.--Notwithstanding paragraph (1), the 
     Secretary may enter into a contract with the Secretary of the 
     Navy for the impoundment, storage, treatment, and carriage of 
     prior rights water for domestic, municipal, fish and 
     wildlife, industrial, and other beneficial purposes using 
     Project facilities.
       (d) Operation; Yield Allotment; Delivery.--
       (1) Operation.--The Secretary, the District, or a third 
     party (consistent with subsection (f)) may operate the 
     Project, subject to a memorandum of agreement between the 
     Secretary, the Secretary of the Navy, and the District and 
     under regulations satisfactory to the Secretary of the Navy 
     with respect to the share of the Project of the Department of 
     the Navy.
       (2) Yield allotment.--Except as otherwise agreed between 
     the parties, the Secretary of the Navy and the District shall 
     participate in the Project yield on the basis of equal 
     priority and in accordance with the following ratio:
       (A) 60 percent of the yield of the Project is allotted to 
     the Secretary of the Navy.
       (B) 40 percent of the yield of the Project is allotted to 
     the District.
       (3) Contracts for delivery of excess water.--
       (A) Excess water available to other persons.--If the 
     Secretary of the Navy certifies to the official agreed on to 
     administer the Project that the Department of the Navy does 
     not have immediate need for any portion of the 60 percent of 
     the yield of the Project allotted to the Secretary of the 
     Navy under paragraph (2), the official may enter into 
     temporary contracts for the sale and delivery of the excess 
     water.
       (B) First right for excess water.--The first right to 
     excess water made available under subparagraph (A) shall be 
     given the District, if otherwise consistent with the laws of 
     the State of California.
       (C) Condition of contracts.--Each contract entered into 
     under subparagraph (A) for the sale and delivery of excess 
     water shall include a condition that the Secretary of the 
     Navy has the right to demand the water, without charge and 
     without obligation on the part of the United States, after 30 
     days notice.
       (D) Modification of rights and obligations.--The rights and 
     obligations of the United States and the District regarding 
     the ratio, amounts, definition of Project yield, and payment 
     for excess water may be modified by an agreement between the 
     parties.
       (4) Consideration.--
       (A) Deposit of funds.--
       (i) In general.--Amounts paid to the United States under a 
     contract entered into under paragraph (3) shall be--

       (I) deposited in the special account established for the 
     Department of the Navy under section 2667(e)(1) of title 10, 
     United States Code; and
       (II) shall be available for the purposes specified in 
     section 2667(e)(1)(C) of that title.

       (ii) Exception.--Section 2667(e)(1)(D) of title 10, United 
     States Code, shall not apply to amounts deposited in the 
     special account pursuant to this paragraph.
       (B) In-kind consideration.--In lieu of monetary 
     consideration under subparagraph (A), or in addition to 
     monetary consideration, the Secretary of the Navy may accept 
     in-kind consideration in a form and quantity that is 
     acceptable to the Secretary of the Navy, including--
       (i) maintenance, protection, alteration, repair, 
     improvement, or restoration (including environmental 
     restoration) of property or facilities of the Department of 
     the Navy;
       (ii) construction of new facilities for the Department of 
     the Navy;
       (iii) provision of facilities for use by the Department of 
     the Navy;
       (iv) facilities operation support for the Department of the 
     Navy; and
       (v) provision of such other services as the Secretary of 
     the Navy considers appropriate.
       (C) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United States Code, shall not apply to any new 
     facilities the construction of which is accepted as in-kind 
     consideration under this paragraph.
       (D) Congressional notification.--If the in-kind 
     consideration proposed to be provided under a contract to be 
     entered into under paragraph (3) has a value in excess of 
     $500,000, the contract may not be entered into until the 
     earlier of--
       (i) the end of the 30-day period beginning on the date on 
     which the Secretary of the Navy submits to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report describing 
     the contract and the form and quantity of the in-kind 
     consideration; or
       (ii) the end of the 14-day period beginning on the date on 
     which a copy of the report referred to in clause (i) is 
     provided in an electronic medium pursuant to section 480 of 
     title 10, United States Code.
       (e) Repayment Obligation of the District.--
       (1) Determination.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, the general repayment obligation of the District 
     shall be determined by the Secretary consistent with 
     subsections (c)(2) and (e) of section 9 of the Reclamation 
     Project Act of 1939 (43 U.S.C. 485h) to repay to the United 
     States equitable and appropriate portions, as determined by 
     the Secretary, of the actual costs of constructing, 
     operating, and maintaining the Project.
       (B) Groundwater.--For purposes of calculating interest and 
     determining the time when the repayment obligation of the 
     District to the United States commences, the pumping and 
     treatment of groundwater from the Project shall be deemed 
     equivalent to the first use of water from a water storage 
     project.
       (C) Contracts for delivery of excess water.--There shall be 
     no repayment obligation under this subsection for water 
     delivered to the District under a contract described in 
     subsection (d)(3).
       (2) Modification of rights and obligation by agreement.--
     The rights and obligations of the United States and the 
     District regarding the repayment obligation of the District 
     may be modified by an agreement between the parties.
       (f) Transfer of Care, Operation, and Maintenance.--
       (1) In general.--The Secretary may transfer to the 
     District, or a mutually agreed upon third party, the care, 
     operation, and maintenance of the Project under conditions 
     that are--
       (A) satisfactory to the Secretary and the District; and
       (B) with respect to the portion of the Project that is 
     located within the boundaries of Camp Pendleton, satisfactory 
     to the Secretary, the District, and the Secretary of the 
     Navy.
       (2) Equitable credit.--
       (A) In general.--In the event of a transfer under paragraph 
     (1), the District shall be entitled to an equitable credit 
     for the costs associated with the proportionate share of the 
     Secretary of the operation and maintenance of the Project.
       (B) Application.--The amount of costs described in 
     subparagraph (A) shall be applied against the indebtedness of 
     the District to the United States.
       (g) Scope of Section.--
       (1) In general.--Except as otherwise provided in this 
     section, for the purpose of this section, the laws of the 
     State of California shall apply to the rights of the United 
     States pertaining to the use of water under this section.
       (2) Limitations.--Nothing in this section--
       (A) provides a grant or a relinquishment by the United 
     States of any rights to the use of water that the United 
     States acquired according to the laws of the State of 
     California, either as a result of the acquisition of the land 
     comprising Camp Joseph H. Pendleton and adjoining naval 
     installations, and the rights to the use of water as a part 
     of that acquisition, or through actual use or prescription or 
     both since the date of that acquisition, if any;

[[Page S9813]]

       (B) creates any legal obligation to store any water in the 
     Project, to the use of which the United States has those 
     rights;
       (C) requires the division under this section of water to 
     which the United States has those rights; or
       (D) constitutes a recognition of, or an admission by the 
     United States that, the District has any rights to the use of 
     water in the Santa Margarita River, which rights, if any, 
     exist only by virtue of the laws of the State of California.
       (h) Limitations on Operation and Administration.--Unless 
     otherwise agreed by the Secretary of the Navy, the Project--
       (1) shall be operated in a manner which allows the free 
     passage of all of the water to the use of which the United 
     States is entitled according to the laws of the State of 
     California either as a result of the acquisition of the land 
     comprising Camp Joseph H. Pendleton and adjoining naval 
     installations, and the rights to the use of water as a part 
     of those acquisitions, or through actual use or prescription, 
     or both, since the date of that acquisition, if any; and
       (2) shall not be administered or operated in any way that 
     will impair or deplete the quantities of water the use of 
     which the United States would be entitled under the laws of 
     the State of California had the Project not been built.
       (i) Reports to Congress.--Not later than 2 years after the 
     date of the enactment of this Act and periodically 
     thereafter, the Secretary and the Secretary of the Navy shall 
     each submit to the appropriate committees of Congress reports 
     that describe whether the conditions specified in subsection 
     (b)(2) have been met and if so, the manner in which the 
     conditions were met.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $60,000,000, as adjusted to reflect the engineering 
     costs indices for the construction cost of the Project; and
       (2) such sums as are necessary to operate and maintain the 
     Project.
       (k) Sunset.--The authority of the Secretary to complete 
     construction of the Project shall terminate on the date that 
     is 10 years after the date of enactment of this Act.

     SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) (as amended by section 9104(a)) is 
     amended by adding at the end the following:

     ``SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 
                   PROJECTS, CALIFORNIA.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Elsinore Valley Municipal Water District, California, may 
     participate in the design, planning, and construction of 
     permanent facilities needed to establish recycled water 
     distribution and wastewater treatment and reclamation 
     facilities that will be used to treat wastewater and provide 
     recycled water in the Elsinore Valley Municipal Water 
     District, California.
       ``(b) Cost Sharing.--The Federal share of the cost of each 
     project described in subsection (a) shall not exceed 25 
     percent of the total cost of the project.
       ``(c) Limitation.--Funds provided by the Secretary under 
     this section shall not be used for operation or maintenance 
     of the projects described in subsection (a).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $12,500,000.''.
       (b) Clerical Amendment.--The table of sections in section 2 
     of Public Law 102-575 (as amended by section 9104(b)) is 
     amended by inserting after the item relating to section 1649 
     the following:

``Sec. 1650. Elsinore Valley Municipal Water District Projects, 
              California.''.

     SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.

       (a) Project Authorization.--The Reclamation Wastewater and 
     Groundwater Study and Facilities Act (Public Law 102-575, 
     title XVI; 43 U.S.C. 390h et seq.) (as amended by section 
     9109(a)) is amended by adding at the end the following:

     ``SEC. 1651. NORTH BAY WATER REUSE PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     member agency of the North Bay Water Reuse Authority of the 
     State located in the North San Pablo Bay watershed in--
       ``(A) Marin County;
       ``(B) Napa County;
       ``(C) Solano County; or
       ``(D) Sonoma County.
       ``(2) Water reclamation and reuse project.--The term `water 
     reclamation and reuse project' means a project carried out by 
     the Secretary and an eligible entity in the North San Pablo 
     Bay watershed relating to--
       ``(A) water quality improvement;
       ``(B) wastewater treatment;
       ``(C) water reclamation and reuse;
       ``(D) groundwater recharge and protection;
       ``(E) surface water augmentation; or
       ``(F) other related improvements.
       ``(3) State.--The term `State' means the State of 
     California.
       ``(b) North Bay Water Reuse Program.--
       ``(1) In general.--Contingent upon a finding of 
     feasibility, the Secretary, acting through a cooperative 
     agreement with the State or a subdivision of the State, is 
     authorized to enter into cooperative agreements with eligible 
     entities for the planning, design, and construction of water 
     reclamation and reuse facilities and recycled water 
     conveyance and distribution systems.
       ``(2) Coordination with other federal agencies.--In 
     carrying out this section, the Secretary and the eligible 
     entity shall, to the maximum extent practicable, use the 
     design work and environmental evaluations initiated by--
       ``(A) non-Federal entities; and
       ``(B) the Corps of Engineers in the San Pablo Bay Watershed 
     of the State.
       ``(3) Phased project.--A cooperative agreement described in 
     paragraph (1) shall require that the North Bay Water Reuse 
     Program carried out under this section shall consist of 2 
     phases as follows:
       ``(A) First phase.--During the first phase, the Secretary 
     and an eligible entity shall complete the planning, design, 
     and construction of the main treatment and main conveyance 
     systems.
       ``(B) Second phase.--During the second phase, the Secretary 
     and an eligible entity shall complete the planning, design, 
     and construction of the sub-regional distribution systems.
       ``(4) Cost sharing.--
       ``(A) Federal share.--The Federal share of the cost of the 
     first phase of the project authorized by this section shall 
     not exceed 25 percent of the total cost of the first phase of 
     the project.
       ``(B) Form of non-federal share.--The non-Federal share may 
     be in the form of any in-kind services that the Secretary 
     determines would contribute substantially toward the 
     completion of the water reclamation and reuse project, 
     including--
       ``(i) reasonable costs incurred by the eligible entity 
     relating to the planning, design, and construction of the 
     water reclamation and reuse project; and
       ``(ii) the acquisition costs of land acquired for the 
     project that is--

       ``(I) used for planning, design, and construction of the 
     water reclamation and reuse project facilities; and
       ``(II) owned by an eligible entity and directly related to 
     the project.

       ``(C) Limitation.--The Secretary shall not provide funds 
     for the operation and maintenance of the project authorized 
     by this section.
       ``(5) Effect.--Nothing in this section--
       ``(A) affects or preempts--
       ``(i) State water law; or
       ``(ii) an interstate compact relating to the allocation of 
     water; or
       ``(B) confers on any non-Federal entity the ability to 
     exercise any Federal right to--
       ``(i) the water of a stream; or
       ``(ii) any groundwater resource.
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated for the Federal share of the total cost of 
     the first phase of the project authorized by this section 
     $25,000,000, to remain available until expended.''.
       (b) Conforming Amendment.--The table of sections in section 
     2 of Public Law 102-575 (as amended by section 9109(b)) is 
     amended by inserting after the item relating to section 1650 
     the following:

``Sec. 1651. North Bay water reuse program.''.

     SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT, 
                   CALIFORNIA.

       (a) Prado Basin Natural Treatment System Project.--
       (1) In general.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) (as amended by section 9110(a)) is 
     amended by adding at the end the following:

     ``SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.

       ``(a) In General.--The Secretary, in cooperation with the 
     Orange County Water District, shall participate in the 
     planning, design, and construction of natural treatment 
     systems and wetlands for the flows of the Santa Ana River, 
     California, and its tributaries into the Prado Basin.
       ``(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 the operation and maintenance of the project 
     described in subsection (a).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000.
       ``(e) Sunset of Authority.--This section shall have no 
     effect after the date that is 10 years after the date of the 
     enactment of this section.''.
       (2) Conforming amendment.--The table of sections in section 
     2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by 
     section 9110(b)) is amended by inserting after the last item 
     the following:

``1652. Prado Basin Natural Treatment System Project.''.
       (b) Lower Chino Dairy Area Desalination Demonstration and 
     Reclamation Project.--
       (1) In general.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) (as amended by subsection (a)(1)) is 
     amended by adding at the end the following:

     ``SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION 
                   DEMONSTRATION AND RECLAMATION PROJECT.

       ``(a) In General.--The Secretary, in cooperation with the 
     Chino Basin

[[Page S9814]]

     Watermaster, the Inland Empire Utilities Agency, and the 
     Santa Ana Watershed Project Authority and acting under the 
     Federal reclamation laws, shall participate in the design, 
     planning, and construction of the Lower Chino Dairy Area 
     desalination demonstration and reclamation project.
       ``(b) Cost Sharing.--The Federal share of the cost of the 
     project described in subsection (a) shall not exceed--
       ``(1) 25 percent of the total cost of the project; or
       ``(2) $26,000,000.
       ``(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 are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.
       ``(e) Sunset of Authority.--This section shall have no 
     effect after the date that is 10 years after the date of the 
     enactment of this section.''.
       (2) Conforming amendment.--The table of sections in section 
     2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by 
     subsection (a)(2)) is amended by inserting after the last 
     item the following:

``1653. Lower Chino dairy area desalination demonstration and 
              reclamation project.''.
       (c) Orange County Regional Water Reclamation Project.--
     Section 1624 of the Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h-12j) is amended--
       (1) in the section heading, by striking the words ``phase 1 
     of the''; and
       (2) in subsection (a), by striking ``phase 1 of''.

     SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Western 
     Municipal Water District, Riverside County, California.
       (2) Project.--
       (A) In general.--The term ``Project'' means the Riverside-
     Corona Feeder Project.
       (B) Inclusions.--The term ``Project'' includes--
       (i) 20 groundwater wells;
       (ii) groundwater treatment facilities;
       (iii) water storage and pumping facilities; and
       (iv) 28 miles of pipeline in San Bernardino and Riverside 
     Counties in the State of California.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Planning, Design, and Construction of Riverside-Corona 
     Feeder.--
       (1) In general.--The Secretary, in cooperation with the 
     District, may participate in the planning, design, and 
     construction of the Project.
       (2) Agreements and regulations.--The Secretary may enter 
     into such agreements and promulgate such regulations as are 
     necessary to carry out this subsection.
       (3) Federal share.--
       (A) Planning, design, construction.--The Federal share of 
     the cost to plan, design, and construct the Project shall not 
     exceed the lesser of--
       (i) an amount equal to 25 percent of the total cost of the 
     Project; and
       (ii) $26,000,000.
       (B) Studies.--The Federal share of the cost to complete the 
     necessary planning studies associated with the Project--
       (i) shall not exceed an amount equal to 50 percent of the 
     total cost of the studies; and
       (ii) shall be included as part of the limitation described 
     in subparagraph (A).
       (4) In-kind services.--The non-Federal share of the cost of 
     the Project may be provided in cash or in kind.
       (5) Limitation.--Funds provided by the Secretary under this 
     subsection shall not be used for operation or maintenance of 
     the Project.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection the lesser of--
       (A) an amount equal to 25 percent of the total cost of the 
     Project; and
       (B) $26,000,000.

     SEC. 9113. GREAT PROJECT, CALIFORNIA.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (title XVI of Public Law 102-575; 43 
     U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is 
     amended by adding at the end the following:

     ``SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, 
                   AND TREATMENT PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Oxnard, California, may participate in the 
     design, planning, and construction of Phase I permanent 
     facilities for the GREAT project to reclaim, reuse, and treat 
     impaired water in the area of Oxnard, California.
       ``(b) Cost Share.--The Federal share of the costs of the 
     project described in subsection (a) shall not exceed 25 
     percent of the total cost.
       ``(c) Limitation.--The Secretary shall not provide funds 
     for the following:
       ``(1) The operations and maintenance of the project 
     described in subsection (a).
       ``(2) The construction, operations, and maintenance of the 
     visitor's center related to the project described in 
     subsection (a).
       ``(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 the enactment of this section.''.
       (b) Clerical Amendment.--The table of sections in section 2 
     of the Reclamation Projects Authorization and Adjustment Act 
     of 1992 (as amended by section 9111(b)(2)) is amended by 
     inserting after the last item the following:

``Sec. 1654. Oxnard, California, water reclamation, reuse, and 
              treatment project.''.

     SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (Public Law 102-575, title XVI; 43 
     U.S.C. 390h et seq.) (as amended by section 9113(a)) is 
     amended by adding at the end the following:

     ``SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL 
                   PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the Yucaipa Valley Water District, may participate in the 
     design, planning, and construction of projects to treat 
     impaired surface water, reclaim and reuse impaired 
     groundwater, and provide brine disposal within the Santa Ana 
     Watershed as described in the report submitted under section 
     1606.
       ``(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 $20,000,000.

     ``SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER 
                   RECYCLING AND REUSE PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Corona Water Utility, California, is authorized 
     to participate in the design, planning, and construction of, 
     and land acquisition for, a project to reclaim and reuse 
     wastewater, including degraded groundwaters, within and 
     outside of the service area of the City of Corona Water 
     Utility, California.
       ``(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.''.
       (b) Conforming Amendments.--The table of sections in 
     section 2 of Public Law 102-575 (as amended by section 
     9114(b)) is amended by inserting after the last item the 
     following:

``Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 1656. City of Corona Water Utility, California, water recycling 
              and reuse project.''.

     SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.

       (a) Cost Share.--The first section of Public Law 87-590 (76 
     Stat. 389) is amended in the second sentence of subsection 
     (c) by inserting after ``cost thereof,'' the following: ``or 
     in the case of the Arkansas Valley Conduit, payment in an 
     amount equal to 35 percent of the cost of the conduit that is 
     comprised of revenue generated by payments pursuant to a 
     repayment contract and revenue that may be derived from 
     contracts for the use of Fryingpan-Arkansas project excess 
     capacity or exchange contracts using Fryingpan-Arkansas 
     project facilities,''.
       (b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat. 
     390) is amended--
       (1) by striking ``(b) Rates'' and inserting the following:
       ``(b) Rates.--
       ``(1) In general.--Rates''; and
       (2) by adding at the end the following:
       ``(2) Ruedi dam and reservoir, fountain valley pipeline, 
     and south outlet works at pueblo dam and reservoir.--
       ``(A) In general.--Notwithstanding the reclamation laws, 
     until the date on which the payments for the Arkansas Valley 
     Conduit under paragraph (3) begin, any revenue that may be 
     derived from contracts for the use of Fryingpan-Arkansas 
     project excess capacity or exchange contracts using 
     Fryingpan-Arkansas project facilities shall be credited 
     towards payment of the actual cost of Ruedi Dam and 
     Reservoir, the Fountain Valley Pipeline, and the South Outlet 
     Works at Pueblo Dam and Reservoir plus interest in an amount 
     determined in accordance with this section.
       ``(B) Effect.--Nothing in the 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.)) prohibits the concurrent crediting of revenue (with 
     interest as provided under this section) towards payment of 
     the Arkansas Valley Conduit as provided under this paragraph.
       ``(3) Arkansas valley conduit.--
       ``(A) Use of revenue.--Notwithstanding the reclamation 
     laws, any revenue derived from contracts for the use of 
     Fryingpan-Arkansas project excess capacity or exchange 
     contracts using Fryingpan-Arkansas project facilities shall 
     be credited towards payment of the actual cost of the 
     Arkansas Valley Conduit plus interest in an amount determined 
     in accordance with this section.

[[Page S9815]]

       ``(B) Adjustment of rates.--Any rates charged under this 
     section for water for municipal, domestic, or industrial use 
     or for the use of facilities for the storage or delivery of 
     water shall be adjusted to reflect the estimated revenue 
     derived from contracts for the use of Fryingpan-Arkansas 
     project excess capacity or exchange contracts using 
     Fryingpan-Arkansas project facilities.''.
       (c) Authorization of Appropriations.--Section 7 of Public 
     Law 87-590 (76 Stat. 393) is amended--
       (1) by striking ``Sec. 7. There is hereby'' and inserting 
     the following:

     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is''; and
       (2) by adding at the end the following:
       ``(b) Arkansas Valley Conduit.--
       ``(1) In general.--Subject to annual appropriations and 
     paragraph (2), there are authorized to be appropriated such 
     sums as are necessary for the construction of the Arkansas 
     Valley Conduit.
       ``(2) Limitation.--Amounts made available under paragraph 
     (1) shall not be used for the operation or maintenance of the 
     Arkansas Valley Conduit.''.

             Subtitle C--Title Transfers and Clarifications

     SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     numbered 06-AG-60-2115 and entitled ``Agreement Between the 
     United States of America and McGee Creek Authority for the 
     Purpose of Defining Responsibilities Related to and 
     Implementing the Title Transfer of Certain Facilities at the 
     McGee Creek Project, Oklahoma''.
       (2) Authority.--The term ``Authority'' means the McGee 
     Creek Authority located in Oklahoma City, Oklahoma.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conveyance of Mcgee Creek Project Pipeline and 
     Associated Facilities.--
       (1) Authority to convey.--
       (A) In general.--In accordance with all applicable laws and 
     consistent with any terms and conditions provided in the 
     Agreement, the Secretary may convey to the Authority all 
     right, title, and interest of the United States in and to the 
     pipeline and any associated facilities described in the 
     Agreement, including--
       (i) the pumping plant;
       (ii) the raw water pipeline from the McGee Creek pumping 
     plant to the rate of flow control station at Lake Atoka;
       (iii) the surge tank;
       (iv) the regulating tank;
       (v) the McGee Creek operation and maintenance complex, 
     maintenance shop, and pole barn; and
       (vi) any other appurtenances, easements, and fee title land 
     associated with the facilities described in clauses (i) 
     through (v), in accordance with the Agreement.
       (B) Exclusion of mineral estate from conveyance.--
       (i) In general.--The mineral estate shall be excluded from 
     the conveyance of any land or facilities under subparagraph 
     (A).
       (ii) Management.--Any mineral interests retained by the 
     United States under this section shall be managed--

       (I) consistent with Federal law; and
       (II) in a manner that would not interfere with the purposes 
     for which the McGee Creek Project was authorized.

       (C) Compliance with agreement; applicable law.--
       (i) 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.
       (ii) Applicable law.--Before any conveyance under 
     subparagraph (A), the Secretary shall complete any actions 
     required under--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (III) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); and
       (IV) any other applicable laws.

       (2) Operation of transferred facilities.--
       (A) In general.--On the conveyance of the land and 
     facilities under paragraph (1)(A), the Authority shall comply 
     with all applicable Federal, State, and local laws (including 
     regulations) in the operation of any transferred facilities.
       (B) Operation and maintenance costs.--
       (i) In general.--After the conveyance of the land and 
     facilities under paragraph (1)(A) and consistent with the 
     Agreement, the Authority shall be responsible for all duties 
     and costs associated with the operation, replacement, 
     maintenance, enhancement, and betterment of the transferred 
     land and facilities.
       (ii) Limitation on funding.--The Authority shall not be 
     eligible to receive any Federal funding to assist in the 
     operation, replacement, maintenance, enhancement, and 
     betterment of the transferred land and facilities, except for 
     funding that would be available to any comparable entity that 
     is not subject to reclamation laws.
       (3) Release from liability.--
       (A) In general.--Effective beginning on the date of the 
     conveyance of the land and facilities under paragraph (1)(A), 
     the United States shall not be liable for damages of any kind 
     arising out of any act, omission, or occurrence relating to 
     any land or facilities conveyed, except for damages caused by 
     acts of negligence committed by the United States (including 
     any employee or agent of the United States) before the date 
     of the conveyance.
       (B) No additional liability.--Nothing in this paragraph 
     adds to any liability that the United States may have under 
     chapter 171 of title 28, United States Code.
       (4) Contractual obligations.--
       (A) In general.--Except as provided in subparagraph (B), 
     any rights and obligations under the contract numbered 0-07-
     50-X0822 and dated October 11, 1979, between the Authority 
     and the United States for the construction, operation, and 
     maintenance of the McGee Creek Project, shall remain in full 
     force and effect.
       (B) Amendments.--With the consent of the Authority, the 
     Secretary may amend the contract described in subparagraph 
     (A) to reflect the conveyance of the land and facilities 
     under paragraph (1)(A).
       (5) Applicability of the reclamation laws.--Notwithstanding 
     the conveyance of the land and facilities under paragraph 
     (1)(A), the reclamation laws shall continue to apply to any 
     project water provided to the Authority.

     SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE 
                   CLARIFICATION.

       (a) Purpose.--The purpose of this section is to direct the 
     Secretary of the Interior to issue a quitclaim deed conveying 
     any right, title, and interest the United States may have in 
     and to Tingley Beach, San Gabriel Park, or the BioPark 
     Parcels to the City, thereby removing a potential cloud on 
     the City's title to these lands.
       (b) Definitions.--In this section:
       (1) City.--The term ``City'' means the City of Albuquerque, 
     New Mexico.
       (2) Biopark parcels.--The term ``BioPark Parcels'' means a 
     certain area of land containing 19.16 acres, more or less, 
     situated within the Town of Albuquerque Grant, in Projected 
     Section 13, Township 10 North, Range 2 East, N.M.P.M., City 
     of Albuquerque, Bernalillo County, New Mexico, comprised of 
     the following platted tracts and lot, and MRGCD tracts:
       (A) Tracts A and B, Albuquerque Biological Park, as the 
     same are shown and designated on the Plat of Tracts A & B, 
     Albuquerque Biological Park, recorded in the Office of the 
     County Clerk of Bernalillo County, New Mexico on February 11, 
     1994 in Book 94C, Page 44; containing 17.9051 acres, more or 
     less.
       (B) Lot B-1, Roger Cox Addition, as the same is shown and 
     designated on the Plat of Lots B-1 and B-2 Roger Cox 
     Addition, recorded in the Office of the County Clerk of 
     Bernalillo County, New Mexico on October 3, 1985 in Book C28, 
     Page 99; containing 0.6289 acres, more or less.
       (C) Tract 361 of MRGCD Map 38, bounded on the north by 
     Tract A, Albuquerque Biological Park, on the east by the 
     westerly right-of-way of Central Avenue, on the south by 
     Tract 332B MRGCD Map 38, and on the west by Tract B, 
     Albuquerque Biological Park; containing 0.30 acres, more or 
     less.
       (D) Tract 332B of MRGCD Map 38; bounded on the north by 
     Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD 
     Map 38, and on the south and east by the westerly right-of-
     way of Central Avenue; containing 0.25 acres, more or less.
       (E) Tract 331A-1A of MRGCD Map 38, bounded on the west by 
     Tract B, Albuquerque Biological Park, on the east by Tract 
     332B, MRGCD Map 38, and on the south by the westerly right-
     of-way of Central Avenue and Tract A, Albuquerque Biological 
     Park; containing 0.08 acres, more or less.
       (3) Middle rio grande conservancy district.--The terms 
     ``Middle Rio Grande Conservancy District'' and ``MRGCD'' mean 
     a political subdivision of the State of New Mexico, created 
     in 1925 to provide and maintain flood protection and 
     drainage, and maintenance of ditches, canals, and 
     distribution systems for irrigation and water delivery and 
     operations in the Middle Rio Grande Valley.
       (4) Middle rio grande project.--The term ``Middle Rio 
     Grande Project'' means the works associated with water 
     deliveries and operations in the Rio Grande basin as 
     authorized by the Flood Control Act of 1948 (Public Law 80-
     858; 62 Stat. 1175) and the Flood Control Act of 1950 (Public 
     Law 81-516; 64 Stat. 170).
       (5) San gabriel park.--The term ``San Gabriel Park'' means 
     the tract of land containing 40.2236 acres, more or less, 
     situated within Section 12 and Section 13, T10N, R2E, 
     N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, 
     and described by New Mexico State Plane Grid Bearings 
     (Central Zone) and ground distances in a Special Warranty 
     Deed conveying the property from MRGCD to the City, dated 
     November 25, 1997.
       (6) Tingley beach.--The term ``Tingley Beach'' means the 
     tract of land containing 25.2005 acres, more or less, 
     situated within Section 13 and Section 24, T10N, R2E, and 
     secs. 18 and 19, T10N, R3E, N.M.P.M., City of Albuquerque, 
     Bernalillo County, New Mexico, and described by New Mexico 
     State Plane Grid Bearings (Central Zone) and ground distances 
     in a Special Warranty Deed conveying the property from MRGCD 
     to the City, dated November 25, 1997.
       (c) Clarification of Property Interest.--
       (1) Required action.--The Secretary of the Interior shall 
     issue a quitclaim deed conveying any right, title, and 
     interest the United States may have in and to Tingley Beach, 
     San Gabriel Park, and the BioPark Parcels to the City.

[[Page S9816]]

       (2) Timing.--The Secretary shall carry out the action in 
     paragraph (1) as soon as practicable after the date of 
     enactment of this Act and in accordance with all applicable 
     law.
       (3) No additional payment.--The City shall not be required 
     to pay any additional costs to the United States for the 
     value of San Gabriel Park, Tingley Beach, and the BioPark 
     Parcels.
       (d) Other Rights, Title, and Interests Unaffected.--
       (1) In general.--Except as expressly provided in subsection 
     (c), nothing in this section shall be construed to affect any 
     right, title, or interest in and to any land associated with 
     the Middle Rio Grande Project.
       (2) Ongoing litigation.--Nothing contained in this section 
     shall be construed or utilized to affect or otherwise 
     interfere with any position set forth by any party in the 
     lawsuit pending before the United States District Court for 
     the District of New Mexico, 99-CV-01320-JAP-RHS, entitled Rio 
     Grande Silvery Minnow v. John W. Keys, III, concerning the 
     right, title, or interest in and to any property associated 
     with the Middle Rio Grande Project.

     SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, 
                   CALIFORNIA.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means Agreement No. 
     07-LC-20-9387 between the United States and the District, 
     entitled ``Agreement Between the United States and the Goleta 
     Water District to Transfer Title of the Federally Owned 
     Distribution System to the Goleta Water District''.
       (2) District.--The term ``District'' means the Goleta Water 
     District, located in Santa Barbara County, California.
       (3) Goleta water distribution system.--The term ``Goleta 
     Water Distribution System'' means the facilities constructed 
     by the United States to enable the District to convey water 
     to its water users, and associated lands, as described in 
     Appendix A of the Agreement.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conveyance of the Goleta Water Distribution System.--
     The Secretary is authorized to convey to the District all 
     right, title, and interest of the United States in and to the 
     Goleta Water Distribution System of the Cachuma Project, 
     California, subject to valid existing rights and consistent 
     with the terms and conditions set forth in the Agreement.
       (c) Liability.--Effective upon the date of the conveyance 
     authorized by subsection (b), 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 lands, 
     buildings, or facilities conveyed under this section, except 
     for damages caused by acts of negligence committed by the 
     United States or by its employees or agents prior to 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).
       (d) Benefits.--After conveyance of the Goleta Water 
     Distribution System under this section--
       (1) such distribution system shall not be considered to be 
     a part of a Federal reclamation project; and
       (2) the District shall not be eligible to receive any 
     benefits with respect to any facility comprising the Goleta 
     Water Distribution System, except benefits that would be 
     available to a similarly situated entity with respect to 
     property that is not part of a Federal reclamation project.
       (e) Compliance With Other Laws.--
       (1) Compliance with environmental and historic preservation 
     laws.--Prior to any conveyance under this section, the 
     Secretary shall complete all actions required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), the National Historic Preservation Act (16 U.S.C. 470 
     et seq.), and all other applicable laws.
       (2) Compliance by the district.--Upon the conveyance of the 
     Goleta Water Distribution System under this section, the 
     District shall comply with all applicable Federal, State, and 
     local laws and regulations in its operation of the facilities 
     that are transferred.
       (3) Applicable authority.--All provisions of Federal 
     reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et 
     seq.) and Acts supplemental to and amendatory of that Act) 
     shall continue to be applicable to project water provided to 
     the District.
       (f) Report.--If, 12 months after the date of the enactment 
     of this Act, the Secretary has not completed the conveyance 
     required under subsection (b), the Secretary shall complete a 
     report that states the reason the conveyance has not been 
     completed and the date by which the conveyance shall be 
     completed. The Secretary shall submit a report required under 
     this subsection to Congress not later than 14 months after 
     the date of the enactment of this Act.

             Subtitle D--San Gabriel Basin Restoration Fund

     SEC. 9301. RESTORATION FUND.

       Section 110 of division B of the Miscellaneous 
     Appropriations Act, 2001 (114 Stat. 2763A-222), as enacted 
     into law by section 1(a)(4) of the Consolidated 
     Appropriations Act, 2001 (Public Law 106-554, as amended by 
     Public Law 107-66), is further amended--
       (1) in subsection (a)(3)(B), by inserting after clause 
     (iii) the following:
       ``(iv) Non-federal match.--After $85,000,000 has 
     cumulatively been appropriated under subsection (d)(1), the 
     remainder of Federal funds appropriated under subsection (d) 
     shall be subject to the following matching requirement:

       ``(I) San gabriel basin water quality authority.--The San 
     Gabriel Basin Water Quality Authority shall be responsible 
     for providing a 35 percent non-Federal match for Federal 
     funds made available to the Authority under this Act.
       ``(II) Central basin municipal water district.--The Central 
     Basin Municipal Water District shall be responsible for 
     providing a 35 percent non-Federal match for Federal funds 
     made available to the District under this Act.'';

       (2) in subsection (a), by adding at the end the following:
       ``(4) Interest on funds in restoration fund.--No amounts 
     appropriated above the cumulative amount of $85,000,000 to 
     the Restoration Fund under subsection (d)(1) shall be 
     invested by the Secretary of the Treasury in interest-bearing 
     securities of the United States.''; and
       (3) by amending subsection (d) to read as follows:
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Restoration Fund established under subsection (a) 
     $146,200,000. Such funds shall remain available until 
     expended.
       ``(2) Set-aside.--Of the amounts appropriated under 
     paragraph (1), no more than $21,200,000 shall be made 
     available to carry out the Central Basin Water Quality 
     Project.''.

  Subtitle E--Lower Colorado River Multi-Species Conservation Program

     SEC. 9401. DEFINITIONS.

       In this subtitle:
       (1) Lower colorado river multi-species conservation 
     program.--The term ``Lower Colorado River Multi-Species 
     Conservation Program'' or ``LCR MSCP'' means the cooperative 
     effort on the Lower Colorado River between Federal and non-
     Federal entities in Arizona, California, and Nevada approved 
     by the Secretary of the Interior on April 2, 2005.
       (2) Lower colorado river.--The term ``Lower Colorado 
     River'' means the segment of the Colorado River within the 
     planning area as provided in section 2(B) of the Implementing 
     Agreement, a Program Document.
       (3) Program documents.--The term ``Program Documents'' 
     means the Habitat Conservation Plan, Biological Assessment 
     and Biological and Conference Opinion, Environmental Impact 
     Statement/Environmental Impact Report, Funding and Management 
     Agreement, Implementing Agreement, and Section 10(a)(1)(B) 
     Permit issued and, as applicable, executed in connection with 
     the LCR MSCP, and any amendments or successor documents that 
     are developed consistent with existing agreements and 
     applicable law.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means each of the States of 
     Arizona, California, and Nevada.

     SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.

       (a) Implementation.--The Secretary is authorized to manage 
     and implement the LCR MSCP in accordance with the Program 
     Documents.
       (b) Water Accounting.--The Secretary is authorized to enter 
     into an agreement with the States providing for the use of 
     water from the Lower Colorado River for habitat creation and 
     maintenance in accordance with the Program Documents.

     SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.

       (a) In General.--Due to the unique conditions of the 
     Colorado River, any party to the Funding and Management 
     Agreement or the Implementing Agreement, and any permittee 
     under the Section 10(a)(1)(B) Permit, may commence a civil 
     action in United States district court to adjudicate, 
     confirm, validate or decree the rights and obligations of the 
     parties under those Program Documents.
       (b) Jurisdiction.--The district court shall have 
     jurisdiction over such actions and may issue such orders, 
     judgments, and decrees as are consistent with the court's 
     exercise of jurisdiction under this section.
       (c) United States as Defendant.--
       (1) In general.--The United States or any agency of the 
     United States may be named as a defendant in such actions.
       (2) Sovereign immunity.--Subject to paragraph (3), the 
     sovereign immunity of the United States is waived for 
     purposes of actions commenced pursuant to this section.
       (3) Nonwaiver for certain claims.--Nothing in this section 
     waives the sovereign immunity of the United States to claims 
     for money damages, monetary compensation, the provision of 
     indemnity, or any claim seeking money from the United States.
       (d) Rights Under Federal and State Law.--
       (1) In general.--Except as specifically provided in this 
     section, nothing in this section limits any rights or 
     obligations of any party under Federal or State law.
       (2) Applicability to lower colorado river multi-species 
     conservation program.--This section--
       (A) shall apply only to the Lower Colorado River Multi-
     Species Conservation Program; and
       (B) shall not affect the terms of, or rights or obligations 
     under, any other conservation plan created pursuant to any 
     Federal or State law.

[[Page S9817]]

       (e) Venue.--Any suit pursuant to this section may be 
     brought in any United States district court in the State in 
     which any non-Federal party to the suit is situated.

     SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Secretary such sums as may be necessary to meet the 
     obligations of the Secretary under the Program Documents, to 
     remain available until expended.
       (b) Non-Reimbursable and Non-Returnable.--All amounts 
     appropriated to and expended by the Secretary for the LCR 
     MSCP shall be non-reimbursable and non-returnable.

                        Subtitle F--Secure Water

     SEC. 9501. FINDINGS.

       Congress finds that--
       (1) adequate and safe supplies of water are fundamental to 
     the health, economy, security, and ecology of the United 
     States;
       (2) systematic data-gathering with respect to, and research 
     and development of, the water resources of the United States 
     will help ensure the continued existence of sufficient 
     quantities of water to support--
       (A) increasing populations;
       (B) economic growth;
       (C) irrigated agriculture;
       (D) energy production; and
       (E) the protection of aquatic ecosystems;
       (3) global climate change poses a significant challenge to 
     the protection and use of the water resources of the United 
     States due to an increased uncertainty with respect to the 
     timing, form, and geographical distribution of precipitation, 
     which may have a substantial effect on the supplies of water 
     for agricultural, hydroelectric power, industrial, domestic 
     supply, and environmental needs;
       (4) although States bear the primary responsibility and 
     authority for managing the water resources of the United 
     States, the Federal Government should support the States, as 
     well as regional, local, and tribal governments, by carrying 
     out--
       (A) nationwide data collection and monitoring activities;
       (B) relevant research; and
       (C) activities to increase the efficiency of the use of 
     water in the United States;
       (5) Federal agencies that conduct water management and 
     related activities have a responsibility--
       (A) to take a lead role in assessing risks to the water 
     resources of the United States (including risks posed by 
     global climate change); and
       (B) to develop strategies--
       (i) to mitigate the potential impacts of each risk 
     described in subparagraph (A); and
       (ii) to help ensure that the long-term water resources 
     management of the United States is sustainable and will 
     ensure sustainable quantities of water;
       (6) it is critical to continue and expand research and 
     monitoring efforts--
       (A) to improve the understanding of the variability of the 
     water cycle; and
       (B) to provide basic information necessary--
       (i) to manage and efficiently use the water resources of 
     the United States; and
       (ii) to identify new supplies of water that are capable of 
     being reclaimed; and
       (7) the study of water use is vital--
       (A) to the understanding of the impacts of human activity 
     on water and ecological resources; and
       (B) to the assessment of whether available surface and 
     groundwater supplies will be available to meet the future 
     needs of the United States.

     SEC. 9502. DEFINITIONS.

       In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the National Advisory Committee on Water Information 
     established--
       (A) under the Office of Management and Budget Circular 92-
     01; and
       (B) to coordinate water data collection activities.
       (3) Assessment program.--The term ``assessment program'' 
     means the water availability and use assessment program 
     established by the Secretary under section 9508(a).
       (4) Climate division.--The term ``climate division'' means 
     1 of the 359 divisions in the United States that represents 2 
     or more regions located within a State that are as 
     climatically homogeneous as possible, as determined by the 
     Administrator.
       (5) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (7) Eligible applicant.--The term ``eligible applicant'' 
     means any State, Indian tribe, irrigation district, water 
     district, or other organization with water or power delivery 
     authority.
       (8) Federal power marketing administration.--The term 
     ``Federal Power Marketing Administration'' means--
       (A) the Bonneville Power Administration;
       (B) the Southeastern Power Administration;
       (C) the Southwestern Power Administration; and
       (D) the Western Area Power Administration.
       (9) Hydrologic accounting unit.--The term ``hydrologic 
     accounting unit'' means 1 of the 352 river basin hydrologic 
     accounting units used by the United States Geological Survey.
       (10) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (11) Major aquifer system.--The term ``major aquifer 
     system'' means a groundwater system that is--
       (A) identified as a significant groundwater system by the 
     Director; and
       (B) included in the Groundwater Atlas of the United States, 
     published by the United States Geological Survey.
       (12) Major reclamation river basin.--
       (A) In general.--The term ``major reclamation river basin'' 
     means each major river system (including tributaries)--
       (i) that is located in a service area of the Bureau of 
     Reclamation; and
       (ii) at which is located a federally authorized project of 
     the Bureau of Reclamation.
       (B) Inclusions.--The term ``major reclamation river basin'' 
     includes--
       (i) the Colorado River;
       (ii) the Columbia River;
       (iii) the Klamath River;
       (iv) the Missouri River;
       (v) the Rio Grande;
       (vi) the Sacramento River;
       (vii) the San Joaquin River; and
       (viii) the Truckee River.
       (13) Non-federal participant.--The term ``non-Federal 
     participant'' means--
       (A) a State, regional, or local authority;
       (B) an Indian tribe or tribal organization; or
       (C) any other qualifying entity, such as a water 
     conservation district, water conservancy district, or rural 
     water district or association, or a nongovernmental 
     organization.
       (14) Panel.--The term ``panel'' means the climate change 
     and water intragovernmental panel established by the 
     Secretary under section 9506(a).
       (15) Program.--The term ``program'' means the regional 
     integrated sciences and assessments program--
       (A) established by the Administrator; and
       (B) that is comprised of 8 regional programs that use 
     advances in integrated climate sciences to assist 
     decisionmaking processes.
       (16) Secretary.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Secretary'' means the Secretary of the Interior.
       (B) Exceptions.--The term ``Secretary'' means--
       (i) in the case of sections 9503, 9504, and 9509, the 
     Secretary of the Interior (acting through the Commissioner); 
     and
       (ii) in the case of sections 9507 and 9508, the Secretary 
     of the Interior (acting through the Director).
       (17) Service area.--The term ``service area'' means any 
     area that encompasses a watershed that contains a federally 
     authorized reclamation project that is located in any State 
     or area described in the first section of the Act of June 17, 
     1902 (43 U.S.C. 391).

     SEC. 9503. CLIMATE CHANGE ADAPTATION PROGRAM.

       (a) In General.--The Secretary shall establish a climate 
     change adaptation program--
       (1) to assess each effect of, and risk resulting from, 
     global climate change with respect to the quantity of water 
     resources located in a service area; and
       (2) to ensure, to the maximum extent possible, that 
     strategies are developed at watershed and aquifer system 
     scales to address potential water shortages, conflicts, and 
     other impacts to water users located at, and the environment 
     of, each service area.
       (b) Required Elements.--In carrying out the program 
     described in subsection (a), the Secretary shall--
       (1) consult with the United States Geological Survey, the 
     National Oceanic and Atmospheric Administration, the program, 
     and each appropriate State water resource agency, to ensure 
     that the Secretary has access to the best available 
     scientific information with respect to presently observed and 
     projected future impacts of global climate change on water 
     resources;
       (2) assess specific risks to the water supply of each major 
     reclamation river basin, including any risk relating to--
       (A) a change in snowpack;
       (B) changes in the timing and quantity of runoff;
       (C) changes in groundwater recharge and discharge; and
       (D) any increase in--
       (i) the demand for water as a result of increasing 
     temperatures; and
       (ii) the rate of reservoir evaporation;
       (3) with respect to each major reclamation river basin, 
     analyze the extent to which changes in the water supply of 
     the United States will impact--
       (A) the ability of the Secretary to deliver water to the 
     contractors of the Secretary;
       (B) hydroelectric power generation facilities;
       (C) recreation at reclamation facilities;
       (D) fish and wildlife habitat;
       (E) applicable species listed as an endangered, threatened, 
     or candidate species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.);
       (F) water quality issues (including salinity levels of each 
     major reclamation river basin);
       (G) flow and water dependent ecological resiliency; and

[[Page S9818]]

       (H) flood control management;
       (4) in consultation with appropriate non-Federal 
     participants, consider and develop appropriate strategies to 
     mitigate each impact of water supply changes analyzed by the 
     Secretary under paragraph (3), including strategies relating 
     to--
       (A) the modification of any reservoir storage or operating 
     guideline in existence as of the date of enactment of this 
     Act;
       (B) the development of new water management, operating, or 
     habitat restoration plans;
       (C) water conservation;
       (D) improved hydrologic models and other decision support 
     systems; and
       (E) groundwater and surface water storage needs; and
       (5) in consultation with the Director, the Administrator, 
     the Secretary of Agriculture (acting through the Chief of the 
     Natural Resources Conservation Service), and applicable State 
     water resource agencies, develop a monitoring plan to acquire 
     and maintain water resources data--
       (A) to strengthen the understanding of water supply trends; 
     and
       (B) to assist in each assessment and analysis conducted by 
     the Secretary under paragraphs (2) and (3).
       (c) Reporting.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that describes--
       (1) each effect of, and risk resulting from, global climate 
     change with respect to the quantity of water resources 
     located in each major reclamation river basin;
       (2) the impact of global climate change with respect to the 
     operations of the Secretary in each major reclamation river 
     basin;
       (3) each mitigation and adaptation strategy considered and 
     implemented by the Secretary to address each effect of global 
     climate change described in paragraph (1);
       (4) each coordination activity conducted by the Secretary 
     with--
       (A) the Director;
       (B) the Administrator;
       (C) the Secretary of Agriculture (acting through the Chief 
     of the Natural Resources Conservation Service); or
       (D) any appropriate State water resource agency; and
       (5) the implementation by the Secretary of the monitoring 
     plan developed under subsection (b)(5).
       (d) Feasibility Studies.--
       (1) Authority of secretary.--The Secretary, in cooperation 
     with any non-Federal participant, may conduct 1 or more 
     studies to determine the feasibility and impact on ecological 
     resiliency of implementing each mitigation and adaptation 
     strategy described in subsection (c)(3), including the 
     construction of any water supply, water management, 
     environmental, or habitat enhancement water infrastructure 
     that the Secretary determines to be necessary to address the 
     effects of global climate change on water resources located 
     in each major reclamation river basin.
       (2) Cost sharing.--
       (A) Federal share.--
       (i) In general.--Except as provided in clause (ii), the 
     Federal share of the cost of a study described in paragraph 
     (1) shall not exceed 50 percent of the cost of the study.
       (ii) Exception relating to financial hardship.--The 
     Secretary may increase the Federal share of the cost of a 
     study described in paragraph (1) to exceed 50 percent of the 
     cost of the study if the Secretary determines that, due to a 
     financial hardship, the non-Federal participant of the study 
     is unable to contribute an amount equal to 50 percent of the 
     cost of the study.
       (B) Non-federal share.--The non-Federal share of the cost 
     of a study described in paragraph (1) may be provided in the 
     form of any in-kind services that substantially contribute 
     toward the completion of the study, as determined by the 
     Secretary.
       (e) No Effect on Existing Authority.--Nothing in this 
     section amends or otherwise affects any existing authority 
     under reclamation laws that govern the operation of any 
     Federal reclamation project.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2009 through 2023, to 
     remain available until expended.

     SEC. 9504. WATER MANAGEMENT IMPROVEMENT.

       (a) Authorization of Grants and Cooperative Agreements.--
       (1) Authority of secretary.--The Secretary may provide any 
     grant to, or enter into an agreement with, any eligible 
     applicant to assist the eligible applicant in planning, 
     designing, or constructing any improvement--
       (A) to conserve water;
       (B) to increase water use efficiency;
       (C) to facilitate water markets;
       (D) to enhance water management, including increasing the 
     use of renewable energy in the management and delivery of 
     water;
       (E) to accelerate the adoption and use of advanced water 
     treatment technologies to increase water supply;
       (F) to prevent the decline of species that the United 
     States Fish and Wildlife Service and National Marine 
     Fisheries Service have proposed for listing under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or 
     candidate species that are being considered by those agencies 
     for such listing but are not yet the subject of a proposed 
     rule);
       (G) to accelerate the recovery of threatened species, 
     endangered species, and designated critical habitats that are 
     adversely affected by Federal reclamation projects or are 
     subject to a recovery plan or conservation plan under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under 
     which the Commissioner of Reclamation has implementation 
     responsibilities; or
       (H) to carry out any other activity--
       (i) to address any climate-related impact to the water 
     supply of the United States that increases ecological 
     resiliency to the impacts of climate change; or
       (ii) to prevent any water-related crisis or conflict at any 
     watershed that has a nexus to a Federal reclamation project 
     located in a service area.
       (2) Application.--To be eligible to receive a grant, or 
     enter into an agreement with the Secretary under paragraph 
     (1), an eligible applicant shall--
       (A) be located within the States and areas referred to in 
     the first section of the Act of June 17, 1902 (43 U.S.C. 
     391); and
       (B) submit to the Secretary an application that includes a 
     proposal of the improvement or activity to be planned, 
     designed, constructed, or implemented by the eligible 
     applicant.
       (3) Requirements of grants and cooperative agreements.--
       (A) Compliance with requirements.--Each grant and agreement 
     entered into by the Secretary with any eligible applicant 
     under paragraph (1) shall be in compliance with each 
     requirement described in subparagraphs (B) through (F).
       (B) Agricultural operations.--In carrying out paragraph 
     (1), the Secretary shall not provide a grant, or enter into 
     an agreement, for an improvement to conserve irrigation water 
     unless the eligible applicant agrees not--
       (i) to use any associated water savings to increase the 
     total irrigated acreage of the eligible applicant; or
       (ii) to otherwise increase the consumptive use of water in 
     the operation of the eligible applicant, as determined 
     pursuant to the law of the State in which the operation of 
     the eligible applicant is located.
       (C) Nonreimbursable funds.--Any funds provided by the 
     Secretary to an eligible applicant through a grant or 
     agreement under paragraph (1) shall be nonreimbursable.
       (D) Title to improvements.--If an infrastructure 
     improvement to a federally owned facility is the subject of a 
     grant or other agreement entered into between the Secretary 
     and an eligible applicant under paragraph (1), the Federal 
     Government shall continue to hold title to the facility and 
     improvements to the facility.
       (E) Cost sharing.--
       (i) Federal share.--The Federal share of the cost of any 
     infrastructure improvement or activity that is the subject of 
     a grant or other agreement entered into between the Secretary 
     and an eligible applicant under paragraph (1) shall not 
     exceed 50 percent of the cost of the infrastructure 
     improvement or activity.
       (ii) Calculation of non-federal share.--In calculating the 
     non-Federal share of the cost of an infrastructure 
     improvement or activity proposed by an eligible applicant 
     through an application submitted by the eligible applicant 
     under paragraph (2), the Secretary shall--

       (I) consider the value of any in-kind services that 
     substantially contributes toward the completion of the 
     improvement or activity, as determined by the Secretary; and
       (II) not consider any other amount that the eligible 
     applicant receives from a Federal agency.

       (iii) Maximum amount.--The amount provided to an eligible 
     applicant through a grant or other agreement under paragraph 
     (1) shall be not more than $5,000,000.
       (iv) Operation and maintenance costs.--The non-Federal 
     share of the cost of operating and maintaining any 
     infrastructure improvement that is the subject of a grant or 
     other agreement entered into between the Secretary and an 
     eligible applicant under paragraph (1) shall be 100 percent.
       (F) Liability.--
       (i) In general.--Except as provided under chapter 171 of 
     title 28, United States Code (commonly known as the ``Federal 
     Tort Claims Act''), the United States shall not be liable for 
     monetary damages of any kind for any injury arising out of an 
     act, omission, or occurrence that arises in relation to any 
     facility created or improved under this section, the title of 
     which is not held by the United States.
       (ii) Tort claims act.--Nothing in this section increases 
     the liability of the United States beyond that provided in 
     chapter 171 of title 28, United States Code (commonly known 
     as the ``Federal Tort Claims Act'').
       (b) Research Agreements.--
       (1) Authority of secretary.--The Secretary may enter into 1 
     or more agreements with any university, nonprofit research 
     institution, or organization with water or power delivery 
     authority to fund any research activity that is designed--
       (A) to conserve water resources;
       (B) to increase the efficiency of the use of water 
     resources; or
       (C) to enhance the management of water resources, including 
     increasing the use of renewable energy in the management and 
     delivery of water.
       (2) Terms and conditions of secretary.--
       (A) In general.--An agreement entered into between the 
     Secretary and any university, institution, or organization 
     described in

[[Page S9819]]

     paragraph (1) shall be subject to such terms and conditions 
     as the Secretary determines to be appropriate.
       (B) Availability.--The agreements under this subsection 
     shall be available to all Reclamation projects and programs 
     that may benefit from project-specific or programmatic 
     cooperative research and development.
       (c) Mutual Benefit.--Grants or other agreements made under 
     this section may be for the mutual benefit of the United 
     States and the entity that is provided the grant or enters 
     into the cooperative agreement.
       (d) Relationship to Project-Specific Authority.--This 
     section shall not supersede any existing project-specific 
     funding authority.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000, to 
     remain available until expended.

     SEC. 9505. HYDROELECTRIC POWER ASSESSMENT.

       (a) Duty of Secretary of Energy.--The Secretary of Energy, 
     in consultation with the Administrator of each Federal Power 
     Marketing Administration, shall assess each effect of, and 
     risk resulting from, global climate change with respect to 
     water supplies that are required for the generation of 
     hydroelectric power at each Federal water project that is 
     applicable to a Federal Power Marketing Administration.
       (b) Access to Appropriate Data.--
       (1) In general.--In carrying out each assessment under 
     subsection (a), the Secretary of Energy shall consult with 
     the United States Geological Survey, the National Oceanic and 
     Atmospheric Administration, the program, and each appropriate 
     State water resource agency, to ensure that the Secretary of 
     Energy has access to the best available scientific 
     information with respect to presently observed impacts and 
     projected future impacts of global climate change on water 
     supplies that are used to produce hydroelectric power.
       (2) Access to data for certain assessments.--In carrying 
     out each assessment under subsection (a), with respect to the 
     Bonneville Power Administration and the Western Area Power 
     Administration, the Secretary of Energy shall consult with 
     the Commissioner to access data and other information that--
       (A) is collected by the Commissioner; and
       (B) the Secretary of Energy determines to be necessary for 
     the conduct of the assessment.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary of Energy shall submit to the appropriate 
     committees of Congress a report that describes--
       (1) each effect of, and risk resulting from, global climate 
     change with respect to--
       (A) water supplies used for hydroelectric power generation; 
     and
       (B) power supplies marketed by each Federal Power Marketing 
     Administration, pursuant to--
       (i) long-term power contracts;
       (ii) contingent capacity contracts; and
       (iii) short-term sales; and
       (2) each recommendation of the Administrator of each 
     Federal Power Marketing Administration relating to any change 
     in any operation or contracting practice of each Federal 
     Power Marketing Administration to address each effect and 
     risk described in paragraph (1), including the use of 
     purchased power to meet long-term commitments of each Federal 
     Power Marketing Administration.
       (d) Costs Nonreimbursable.--Any costs incurred by the 
     Secretary of Energy in carrying out this section shall be 
     nonreimbursable.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2009 through 2023, to 
     remain available until expended.

     SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.

       (a) Establishment.--The Secretary shall establish and lead 
     a climate change and water intragovernmental panel--
       (1) to review the current scientific understanding of each 
     impact of global climate change on the quantity and quality 
     of water resources of the United States; and
       (2) to develop any strategy that the panel determines to be 
     necessary to improve observational capabilities, expand data 
     acquisition, or take other actions--
       (A) to increase the reliability and accuracy of modeling 
     and prediction systems to benefit water managers at the 
     Federal, State, and local levels; and
       (B) to increase the understanding of the impacts of climate 
     change on aquatic ecosystems.
       (b) Membership.--The panel shall be comprised of--
       (1) the Secretary;
       (2) the Director;
       (3) the Administrator;
       (4) the Secretary of Agriculture (acting through the Chief 
     of the Natural Resources Conservation Service);
       (5) the Commissioner;
       (6) the Chief of Engineers;
       (7) the Administrator of the Environmental Protection 
     Agency; and
       (8) the Secretary of Energy.
       (c) Review Elements.--In conducting the review and 
     developing the strategy under subsection (a), the panel shall 
     consult with State water resource agencies, the Advisory 
     Committee, drinking water utilities, water research 
     organizations, and relevant water user, environmental, and 
     other nongovernmental organizations--
       (1) to assess the extent to which the conduct of measures 
     of streamflow, groundwater levels, soil moisture, 
     evapotranspiration rates, evaporation rates, snowpack levels, 
     precipitation amounts, flood risk, and glacier mass is 
     necessary to improve the understanding of the Federal 
     Government and the States with respect to each impact of 
     global climate change on water resources;
       (2) to identify data gaps in current water monitoring 
     networks that must be addressed to improve the capability of 
     the Federal Government and the States to measure, analyze, 
     and predict changes to the quality and quantity of water 
     resources, including flood risks, that are directly or 
     indirectly affected by global climate change;
       (3) to establish data management and communication 
     protocols and standards to increase the quality and 
     efficiency by which each Federal agency acquires and reports 
     relevant data;
       (4) to consider options for the establishment of a data 
     portal to enhance access to water resource data--
       (A) relating to each nationally significant watershed and 
     aquifer located in the United States; and
       (B) that is collected by each Federal agency and any other 
     public or private entity for each nationally significant 
     watershed and aquifer located in the United States;
       (5) to expand, and integrate each initiative of the panel 
     with, to the maximum extent possible, any interagency 
     initiative in existence as of the date of enactment of this 
     Act, including--
       (A) the national integrated drought information system of 
     the National Oceanic and Atmospheric Administration;
       (B) the advanced hydrologic prediction service of the 
     National Weather Service;
       (C) the National Water Information System of the United 
     States Geological Survey; and
       (D) the Hydrologic Information System of the Consortium of 
     Universities for the Advancements of Hydrologic Sciences;
       (6) to facilitate the development of hydrologic and other 
     models to integrate data that reflects groundwater and 
     surface water interactions;
       (7) to apply the hydrologic and other models developed 
     under paragraph (6) to water resource management problems 
     identified by the panel, including the need to maintain or 
     improve ecological resiliency at watershed and aquifer system 
     scales; and
       (8) to facilitate the development of mechanisms to 
     effectively combine global and regional climate models with 
     hydrologic and ecological models to produce water resource 
     information to assist water managers at the Federal, State, 
     and local levels in the development of adaptation strategies 
     that can be incorporated into long-term water management and 
     flood-hazard mitigation decisions.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that describes 
     the review conducted, and the strategy developed, by the 
     panel under subsection (a).
       (e) Demonstration, Research, and Methodology Development 
     Projects.--
       (1) Authority of secretary.--The Secretary, in consultation 
     with the panel and the Advisory Committee, may provide grants 
     to, or enter into any contract, cooperative agreement, 
     interagency agreement, or other transaction with, an 
     appropriate entity to carry out any demonstration, research, 
     or methodology development project that the Secretary 
     determines to be necessary to assist in the implementation of 
     the strategy developed by the panel under subsection (a)(2).
       (2) Requirements.--
       (A) Maximum amount of federal share.--The Federal share of 
     the cost of any demonstration, research, or methodology 
     development project that is the subject of any grant, 
     contract, cooperative agreement, interagency agreement, or 
     other transaction entered into between the Secretary and an 
     appropriate entity under paragraph (1) shall not exceed 
     $1,000,000.
       (B) Report.--An appropriate entity that receives funds from 
     a grant, contract, cooperative agreement, interagency 
     agreement, or other transaction entered into between the 
     Secretary and the appropriate entity under paragraph (1) 
     shall submit to the Secretary a report describing the results 
     of the demonstration, research, or methodology development 
     project conducted by the appropriate entity.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out subsections (a) through (d) $2,000,000 for each of 
     fiscal years 2009 through 2011, to remain available until 
     expended.
       (2) Demonstration, research, and methodology development 
     projects.--There is authorized to be appropriated to carry 
     out subsection (e) $10,000,000 for the period of fiscal years 
     2009 through 2013, to remain available until expended.

     SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL 
                   SURVEY.

       (a) National Streamflow Information Program.--
       (1) In general.--The Secretary, in consultation with the 
     Advisory Committee and consistent with this section, shall 
     proceed with implementation of the national

[[Page S9820]]

     streamflow information program, as reviewed by the National 
     Research Council in 2004.
       (2) Requirements.--In conducting the national streamflow 
     information program, the Secretary shall--
       (A) measure streamflow and related environmental variables 
     in nationally significant watersheds--
       (i) in a reliable and continuous manner; and
       (ii) to develop a comprehensive source of information on 
     which public and private decisions relating to the management 
     of water resources may be based;
       (B) provide for a better understanding of hydrologic 
     extremes (including floods and droughts) through the conduct 
     of intensive data collection activities during and following 
     hydrologic extremes;
       (C) establish a base network that provides resources that 
     are necessary for--
       (i) the monitoring of long-term changes in streamflow; and
       (ii) the conduct of assessments to determine the extent to 
     which each long-term change monitored under clause (i) is 
     related to global climate change;
       (D) integrate the national streamflow information program 
     with data collection activities of Federal agencies and 
     appropriate State water resource agencies (including the 
     national drought information system)--
       (i) to enhance the comprehensive understanding of water 
     availability;
       (ii) to improve flood-hazard assessments;
       (iii) to identify any data gap with respect to water 
     resources; and
       (iv) to improve hydrologic forecasting; and
       (E) incorporate principles of adaptive management in the 
     conduct of periodic reviews of information collected under 
     the national streamflow information program to assess whether 
     the objectives of the national streamflow information program 
     are being adequately addressed.
       (3) Improved methodologies.--The Secretary shall--
       (A) improve methodologies relating to the analysis and 
     delivery of data; and
       (B) investigate, develop, and implement new methodologies 
     and technologies to estimate or measure streamflow in a more 
     cost-efficient manner.
       (4) Network enhancement.--
       (A) In general.--Not later than 10 years after the date of 
     enactment of this Act, in accordance with subparagraph (B), 
     the Secretary shall--
       (i) increase the number of streamgages funded by the 
     national streamflow information program to a quantity of not 
     less than 4,700 sites; and
       (ii) ensure all streamgages are flood-hardened and equipped 
     with water-quality sensors and modernized telemetry.
       (B) Requirements of sites.--Each site described in 
     subparagraph (A) shall conform with the National Streamflow 
     Information Program plan as reviewed by the National Research 
     Council.
       (5) Federal share.--The Federal share of the national 
     streamgaging network established pursuant to this subsection 
     shall be 100 percent of the cost of carrying out the national 
     streamgaging network.
       (6) Authorization of appropriations.--
       (A) In general.--Except as provided in subparagraph (B), 
     there are authorized to be appropriated such sums as are 
     necessary to operate the national streamflow information 
     program for the period of fiscal years 2009 through 2023, to 
     remain available until expended.
       (B) Network enhancement funding.--There is authorized to be 
     appropriated to carry out the network enhancements described 
     in paragraph (4) $10,000,000 for each of fiscal years 2009 
     through 2019, to remain available until expended.
       (b) National Groundwater Resources Monitoring.--
       (1) In general.--The Secretary shall develop a systematic 
     groundwater monitoring program for each major aquifer system 
     located in the United States.
       (2) Program elements.--In developing the monitoring program 
     described in paragraph (1), the Secretary shall--
       (A) establish appropriate criteria for monitoring wells to 
     ensure the acquisition of long-term, high-quality data sets, 
     including, to the maximum extent possible, the inclusion of 
     real-time instrumentation and reporting;
       (B) in coordination with the Advisory Committee and State 
     and local water resource agencies--
       (i) assess the current scope of groundwater monitoring 
     based on the access availability and capability of each 
     monitoring well in existence as of the date of enactment of 
     this Act; and
       (ii) develop and carry out a monitoring plan that maximizes 
     coverage for each major aquifer system that is located in the 
     United States; and
       (C) prior to initiating any specific monitoring activities 
     within a State after the date of enactment of this Act, 
     consult and coordinate with the applicable State water 
     resource agency with jurisdiction over the aquifer that is 
     the subject of the monitoring activities, and comply with all 
     applicable laws (including regulations) of the State.
       (3) Program objectives.--In carrying out the monitoring 
     program described in paragraph (1), the Secretary shall--
       (A) provide data that is necessary for the improvement of 
     understanding with respect to surface water and groundwater 
     interactions;
       (B) by expanding the network of monitoring wells to reach 
     each climate division, support the groundwater climate 
     response network to improve the understanding of the effects 
     of global climate change on groundwater recharge and 
     availability; and
       (C) support the objectives of the assessment program.
       (4) Improved methodologies.--The Secretary shall--
       (A) improve methodologies relating to the analysis and 
     delivery of data; and
       (B) investigate, develop, and implement new methodologies 
     and technologies to estimate or measure groundwater recharge, 
     discharge, and storage in a more cost-efficient manner.
       (5) Federal share.--The Federal share of the monitoring 
     program described in paragraph (1) may be 100 percent of the 
     cost of carrying out the monitoring program.
       (6) Priority.--In selecting monitoring activities 
     consistent with the monitoring program described in paragraph 
     (1), the Secretary shall give priority to those activities 
     for which a State or local governmental entity agrees to 
     provide for a substantial share of the cost of establishing 
     or operating a monitoring well or other measuring device to 
     carry out a monitoring activity.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection for the period of fiscal years 2009 through 
     2023, to remain available until expended.
       (c) Brackish Groundwater Assessment.--
       (1) Study.--The Secretary, in consultation with State and 
     local water resource agencies, shall conduct a study of 
     available data and other relevant information--
       (A) to identify significant brackish groundwater resources 
     located in the United States; and
       (B) to consolidate any available data relating to each 
     groundwater resource identified under subparagraph (A).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that includes--
       (A) a description of each--
       (i) significant brackish aquifer that is located in the 
     United States (including 1 or more maps of each significant 
     brackish aquifer that is located in the United States);
       (ii) data gap that is required to be addressed to fully 
     characterize each brackish aquifer described in clause (i); 
     and
       (iii) current use of brackish groundwater that is supplied 
     by each brackish aquifer described in clause (i); and
       (B) a summary of the information available as of the date 
     of enactment of this Act with respect to each brackish 
     aquifer described in subparagraph (A)(i) (including the known 
     level of total dissolved solids in each brackish aquifer).
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for the period of fiscal years 2009 through 2011, to remain 
     available until expended.
       (d) Improved Water Estimation, Measurement, and Monitoring 
     Technologies.--
       (1) Authority of secretary.--The Secretary may provide 
     grants on a nonreimbursable basis to appropriate entities 
     with expertise in water resource data acquisition and 
     reporting, including Federal agencies, the Water Resources 
     Research Institutes and other academic institutions, and 
     private entities, to--
       (A) investigate, develop, and implement new methodologies 
     and technologies to estimate or measure water resources data 
     in a cost-efficient manner; and
       (B) improve methodologies relating to the analysis and 
     delivery of data.
       (2) Priority.--In providing grants to appropriate entities 
     under paragraph (1), the Secretary shall give priority to 
     appropriate entities that propose the development of new 
     methods and technologies for--
       (A) predicting and measuring streamflows;
       (B) estimating changes in the storage of groundwater;
       (C) improving data standards and methods of analysis 
     (including the validation of data entered into geographic 
     information system databases);
       (D) measuring precipitation and potential 
     evapotranspiration; and
       (E) water withdrawals, return flows, and consumptive use.
       (3) Partnerships.--In recognition of the value of 
     collaboration to foster innovation and enhance research and 
     development efforts, the Secretary shall encourage 
     partnerships, including public-private partnerships, between 
     and among Federal agencies, academic institutions, and 
     private entities to promote the objectives described in 
     paragraph (1).
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2009 through 2019.

     SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT 
                   PROGRAM.

       (a) Establishment.--The Secretary, in coordination with the 
     Advisory Committee and State and local water resource 
     agencies, shall establish a national assessment program to be 
     known as the ``national water availability and use assessment 
     program''--
       (1) to provide a more accurate assessment of the status of 
     the water resources of the United States;
       (2) to assist in the determination of the quantity of water 
     that is available for beneficial uses;

[[Page S9821]]

       (3) to assist in the determination of the quality of the 
     water resources of the United States;
       (4) to identify long-term trends in water availability;
       (5) to use each long-term trend described in paragraph (4) 
     to provide a more accurate assessment of the change in the 
     availability of water in the United States; and
       (6) to develop the basis for an improved ability to 
     forecast the availability of water for future economic, 
     energy production, and environmental uses.
       (b) Program Elements.--
       (1) Water use.--In carrying out the assessment program, the 
     Secretary shall conduct any appropriate activity to carry out 
     an ongoing assessment of water use in hydrologic accounting 
     units and major aquifer systems located in the United States, 
     including--
       (A) the maintenance of a comprehensive national water use 
     inventory to enhance the level of understanding with respect 
     to the effects of spatial and temporal patterns of water use 
     on the availability and sustainable use of water resources;
       (B) the incorporation of water use science principles, with 
     an emphasis on applied research and statistical estimation 
     techniques in the assessment of water use;
       (C) the integration of any dataset maintained by any other 
     Federal or State agency into the dataset maintained by the 
     Secretary; and
       (D) a focus on the scientific integration of any data 
     relating to water use, water flow, or water quality to 
     generate relevant information relating to the impact of human 
     activity on water and ecological resources.
       (2) Water availability.--In carrying out the assessment 
     program, the Secretary shall conduct an ongoing assessment of 
     water availability by--
       (A) developing and evaluating nationally consistent 
     indicators that reflect each status and trend relating to the 
     availability of water resources in the United States, 
     including--
       (i) surface water indicators, such as streamflow and 
     surface water storage measures (including lakes, reservoirs, 
     perennial snowfields, and glaciers);
       (ii) groundwater indicators, including groundwater level 
     measurements and changes in groundwater levels due to--

       (I) natural recharge;
       (II) withdrawals;
       (III) saltwater intrusion;
       (IV) mine dewatering;
       (V) land drainage;
       (VI) artificial recharge; and
       (VII) other relevant factors, as determined by the 
     Secretary; and

       (iii) impaired surface water and groundwater supplies that 
     are known, accessible, and used to meet ongoing water 
     demands;
       (B) maintaining a national database of water availability 
     data that--
       (i) is comprised of maps, reports, and other forms of 
     interpreted data;
       (ii) provides electronic access to the archived data of the 
     national database; and
       (iii) provides for real-time data collection; and
       (C) developing and applying predictive modeling tools that 
     integrate groundwater, surface water, and ecological systems.
       (c) Grant Program.--
       (1) Authority of secretary.--The Secretary may provide 
     grants to State water resource agencies to assist State water 
     resource agencies in--
       (A) developing water use and availability datasets that are 
     integrated with each appropriate dataset developed or 
     maintained by the Secretary; or
       (B) integrating any water use or water availability dataset 
     of the State water resource agency into each appropriate 
     dataset developed or maintained by the Secretary.
       (2) Criteria.--To be eligible to receive a grant under 
     paragraph (1), a State water resource agency shall 
     demonstrate to the Secretary that the water use and 
     availability dataset proposed to be established or integrated 
     by the State water resource agency--
       (A) is in compliance with each quality and conformity 
     standard established by the Secretary to ensure that the data 
     will be capable of integration with any national dataset; and
       (B) will enhance the ability of the officials of the State 
     or the State water resource agency to carry out each water 
     management and regulatory responsibility of the officials of 
     the State in accordance with each applicable law of the 
     State.
       (3) Maximum amount.--The amount of a grant provided to a 
     State water resource agency under paragraph (1) shall be an 
     amount not more than $250,000.
       (d) Report.--Not later than December 31, 2012, and every 5 
     years thereafter, the Secretary shall submit to the 
     appropriate committees of Congress a report that provides a 
     detailed assessment of--
       (1) the current availability of water resources in the 
     United States, including--
       (A) historic trends and annual updates of river basin 
     inflows and outflows;
       (B) surface water storage;
       (C) groundwater reserves; and
       (D) estimates of undeveloped potential resources (including 
     saline and brackish water and wastewater);
       (2) significant trends affecting water availability, 
     including each documented or projected impact to the 
     availability of water as a result of global climate change;
       (3) the withdrawal and use of surface water and groundwater 
     by various sectors, including--
       (A) the agricultural sector;
       (B) municipalities;
       (C) the industrial sector;
       (D) thermoelectric power generators; and
       (E) hydroelectric power generators;
       (4) significant trends relating to each water use sector, 
     including significant changes in water use due to the 
     development of new energy supplies;
       (5) significant water use conflicts or shortages that have 
     occurred or are occurring; and
       (6) each factor that has caused, or is causing, a conflict 
     or shortage described in paragraph (5).
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out subsections (a), (b), and (d) $20,000,000 for each 
     of fiscal years 2009 through 2023, to remain available until 
     expended.
       (2) Grant program.--There is authorized to be appropriated 
     to carry out subsection (c) $12,500,000 for the period of 
     fiscal years 2009 through 2013, to remain available until 
     expended.

     SEC. 9509. RESEARCH AGREEMENT AUTHORITY.

       The Secretary may enter into contracts, grants, or 
     cooperative agreements, for periods not to exceed 5 years, to 
     carry out research within the Bureau of Reclamation.

     SEC. 9510. EFFECT.

       (a) In General.--Nothing in this subtitle supersedes or 
     limits any existing authority provided, or responsibility 
     conferred, by any provision of law.
       (b) Effect on State Water Law.--
       (1) In general.--Nothing in this subtitle preempts or 
     affects any--
       (A) State water law; or
       (B) interstate compact governing water.
       (2) Compliance required.--The Secretary shall comply with 
     applicable State water laws in carrying out this subtitle.

                    Subtitle G--Aging Infrastructure

     SEC. 9601 DEFINITIONS.

       In this subtitle:
       (1) Inspection.--The term ``inspection'' means an 
     inspection of a project facility carried out by the 
     Secretary--
       (A) to assess and determine the general condition of the 
     project facility; and
       (B) to estimate the value of property, and the size of the 
     population, that would be at risk if the project facility 
     fails, is breached, or otherwise allows flooding to occur.
       (2) Project facility.--The term ``project facility'' means 
     any part or incidental feature of a project, excluding high- 
     and significant-hazard dams, constructed under the 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.).
       (3) Reserved works.--The term ``reserved works'' mean any 
     project facility at which the Secretary carries out the 
     operation and maintenance of the project facility.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (5) Transferred works.--The term ``transferred works'' 
     means a project facility, the operation and maintenance of 
     which is carried out by a non-Federal entity, under the 
     provisions of a formal operation and maintenance transfer 
     contract.
       (6) Transferred works operating entity.--The term 
     ``transferred works operating entity'' means the organization 
     which is contractually responsible for operation and 
     maintenance of transferred works.
       (7) Extraordinary operation and maintenance work.--The term 
     ``extraordinary operation and maintenance work'' means major, 
     nonrecurring maintenance to Reclamation-owned or operated 
     facilities, or facility components, that is--
       (A) intended to ensure the continued safe, dependable, and 
     reliable delivery of authorized project benefits; and
       (B) greater than 10 percent of the contractor's or the 
     transferred works operating entity's annual operation and 
     maintenance budget for the facility, or greater than 
     $100,000.

     SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES 
                   AND TECHNICAL ASSISTANCE TO TRANSFERRED WORKS 
                   OPERATING ENTITIES.

       (a) Guidelines and Inspections.--
       (1) Development of guidelines.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary in 
     consultation with transferred works operating entities shall 
     develop, consistent with existing transfer contracts, 
     specific inspection guidelines for project facilities which 
     are in proximity to urbanized areas and which could pose a 
     risk to public safety or property damage if such project 
     facilities were to fail.
       (2) Conduct of inspections.--Not later than 3 years after 
     the date of enactment of this Act, the Secretary shall 
     conduct inspections of those project facilities, which are in 
     proximity to urbanized areas and which could pose a risk to 
     public safety or property damage if such facilities were to 
     fail, using such specific inspection guidelines and criteria 
     developed pursuant to paragraph (1). In selecting project 
     facilities to inspect, the Secretary shall take into account 
     the potential magnitude of public safety and economic damage 
     posed by each project facility.
       (3) Treatment of costs.--The costs incurred by the 
     Secretary in conducting these inspections shall be 
     nonreimbursable.
       (b) Use of Inspection Data.--The Secretary shall use the 
     data collected through the conduct of the inspections under 
     subsection (a)(2) to--

[[Page S9822]]

       (1) provide recommendations to the transferred works 
     operating entities for improvement of operation and 
     maintenance processes, operating procedures including 
     operation guidelines consistent with existing transfer 
     contracts, and structural modifications to those transferred 
     works;
       (2) determine an appropriate inspection frequency for such 
     nondam project facilities which shall not exceed 6 years; and
       (3) provide, upon request of transferred work operating 
     entities, local governments, or State agencies, information 
     regarding potential hazards posed by existing or proposed 
     residential, commercial, industrial or public-use development 
     adjacent to project facilities.
       (c) Technical Assistance to Transferred Works Operating 
     Entities.--
       (1) Authority of secretary to provide technical 
     assistance.--The Secretary is authorized, at the request of a 
     transferred works operating entity in proximity to an 
     urbanized area, to provide technical assistance to accomplish 
     the following, if consistent with existing transfer 
     contracts:
       (A) Development of documented operating procedures for a 
     project facility.
       (B) Development of documented emergency notification and 
     response procedures for a project facility.
       (C) Development of facility inspection criteria for a 
     project facility.
       (D) Development of a training program on operation and 
     maintenance requirements and practices for a project facility 
     for a transferred works operating entity's workforce.
       (E) Development of a public outreach plan on the operation 
     and risks associated with a project facility.
       (F) Development of any other plans or documentation which, 
     in the judgment of the Secretary, will contribute to public 
     safety and the sage operation of a project facility.
       (2) Costs.--The Secretary is authorized to provide, on a 
     non-reimbursable basis, up to 50 percent of the cost of such 
     technical assistance, with the balance of such costs being 
     advanced by the transferred works operating entity or other 
     non-Federal source. The non-Federal 50 percent minimum cost 
     share for such technical assistance may be in the form of in-
     lieu contributions of resources by the transferred works 
     operating entity or other non-Federal source.

     SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK 
                   PERFORMED BY THE SECRETARY.

       (a) In General.--The Secretary or the transferred works 
     operating entity may carry out, in accordance with subsection 
     (b) and consistent with existing transfer contracts, any 
     extraordinary operation and maintenance work on a project 
     facility that the Secretary determines to be reasonably 
     required to preserve the structural safety of the project 
     facility.
       (b) Reimbursement of Costs Arising From Extraordinary 
     Operation and Maintenance Work.--
       (1) Treatment of costs.--For reserved works, costs incurred 
     by the Secretary in conducting extraordinary operation and 
     maintenance work will be allocated to the authorized 
     reimbursable purposes of the project and shall be repaid 
     within 50 years, with interest, from the year in which work 
     undertaken pursuant to this subtitle is substantially 
     complete.
       (2) Authority of secretary.--For transferred works, the 
     Secretary is authorized to advance the costs incurred by the 
     transferred works operating entity in conducting 
     extraordinary operation and maintenance work and negotiate 
     appropriate 50-year repayment contracts with project 
     beneficiaries providing for the return of reimbursable costs, 
     with interest, under this subsection: Provided, however, That 
     no contract entered into pursuant to this subtitle shall be 
     deemed to be a new or amended contract for the purposes of 
     section 203(a) of the Reclamation Reform Act of 1982 (43 
     U.S.C. 390cc(a)).
       (3) Determination of interest rate.--The interest rate used 
     for computing interest on work in progress and interest on 
     the unpaid balance of the reimbursable costs of extraordinary 
     operation and maintenance work authorized by this subtitle 
     shall be determined by the Secretary of the Treasury, as of 
     the beginning of the fiscal year in which extraordinary 
     operation and maintenance work is commenced, on the basis of 
     average market yields on outstanding marketable obligations 
     of the United States with the remaining periods of maturity 
     comparable to the applicable reimbursement period of the 
     project, adjusted to the nearest \1/8\ of 1 percent on the 
     unamortized balance of any portion of the loan.
       (c) Emergency Extraordinary Operation and Maintenance 
     Work.--
       (1) In general.--The Secretary or the transferred works 
     operating entity shall carry out any emergency extraordinary 
     operation and maintenance work on a project facility that the 
     Secretary determines to be necessary to minimize the risk of 
     imminent harm to public health or safety, or property.
       (2) Reimbursement.--The Secretary may advance funds for 
     emergency extraordinary operation and maintenance work and 
     shall seek reimbursement from the transferred works operating 
     entity or benefitting entity upon receiving a written 
     assurance from the governing body of such entity that it will 
     negotiate a contract pursuant to section 9603 for repayment 
     of costs incurred by the Secretary in undertaking such work.
       (3) Funding.--If the Secretary determines that a project 
     facility inspected and maintained pursuant to the guidelines 
     and criteria set forth in section 9602(a) requires 
     extraordinary operation and maintenance pursuant to paragraph 
     (1), the Secretary may provide Federal funds on a 
     nonreimbursable basis sufficient to cover 35 percent of the 
     cost of the extraordinary operation and maintenance allocable 
     to the transferred works operating entity, which is needed to 
     minimize the risk of imminent harm. The remaining share of 
     the Federal funds advanced by the Secretary for such work 
     shall be repaid under subsection (b).

     SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS 
                   ACT.

       Nothing in this subtitle shall preclude a transferred works 
     operating entity from applying and receiving a loan-guarantee 
     pursuant to the Twenty-First Century Water Works Act (43 
     U.S.C. 2401 et seq.).

     SEC. 9605. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 9606. LOAN GUARANTEE FINANCE DEMONSTRATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Federal loan guarantee and loan guarantee.--The terms 
     ``Federal loan guarantee'' and ``loan guarantee'' have the 
     meaning given the terms in the Twenty-First Century Water 
     Works Act (43 U.S.C. 2401 et seq.).
       (3) Demonstration project and project.--The terms 
     ``demonstration project'' and ``project'' have the meaning 
     given the term ``project'' in section 202 of the Twenty-First 
     Century Water Works Act (43 U.S.C. 2421).
       (4) Lender.--The term ``lender'' has the meaning given the 
     term in section 202 of the Twenty-First Century Water Works 
     Act (43 U.S.C. 2421).
       (5) Loan guarantee subsidy cost.--The term ``loan guarantee 
     subsidy cost'' has the meaning given under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.) as the annual 
     budget authority needed to cover the portion of credit 
     assistance estimated to be un-recovered because of defaults, 
     expressed as a percentage of the amount of each loan approved 
     for guarantee. This definition shall apply to loan guarantees 
     given to improve facilities to which the Federal Government 
     holds title, as well as to non-Federal facilities.
       (b) Demonstration Program.--
       (1) Identification of demonstration projects.--Within 180 
     days of enactment of this Act, the Secretary shall identify 
     no more than 3 projects as eligible for Federal loan 
     guarantees. The identified projects shall include at least 1 
     project involving extraordinary operation and maintenance 
     work.
       (2) Memorandum of agreement.--Within 90 days of enactment 
     of this Act, the Secretary shall complete the Interagency 
     Coordination and Cooperation actions in section 209 of the 
     Twenty-First Century Water Works Act (43 U.S.C. 2428).
       (3) Eligibility of projects.--Within 270 days of enactment 
     of this Act, and in accordance with an agreement with the 
     entities seeking to carry-out the projects identified under 
     paragraph (1), the Secretary shall make available to lenders 
     Federal loan guarantees equal to the full cost of projects 
     identified in this section.
       (4) Subsidy.--The loan guarantee subsidy cost shall be the 
     greater of 2 percent or the subsidy determined by the 
     Secretary of Agriculture for covering the Federal cost of 
     guaranteeing loans to lenders financing water projects under 
     the United States Department of Agricultural Rural 
     Development authorities.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subtitle, to remain available until expended.

                       TITLE X--WATER SETTLEMENTS

          Subtitle A--San Joaquin River Restoration Settlement

          PART I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

     SEC. 10001. SHORT TITLE.

       This part may be cited as the ``San Joaquin River 
     Restoration Settlement Act''.

     SEC. 10002. PURPOSE.

       The purpose of this part is to authorize implementation of 
     the Settlement.

     SEC. 10003. DEFINITIONS.

       In this part:
       (1) The terms ``Friant Division long-term contractors'', 
     ``Interim Flows'', ``Restoration Flows'', ``Recovered Water 
     Account'', ``Restoration Goal'', and ``Water Management 
     Goal'' have the meanings given the terms in the Settlement.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Settlement'' means the Stipulation of 
     Settlement dated September 13, 2006, in the litigation 
     entitled Natural Resources Defense Council, et al. v. Kirk 
     Rodgers, et al., United States District Court, Eastern 
     District of California, No. CIV. S-88-1658-LKK/GGH.

     SEC. 10004. IMPLEMENTATION OF SETTLEMENT.

       (a) In General.--The Secretary of the Interior is hereby 
     authorized and directed to implement the terms and conditions 
     of the Settlement in cooperation with the State of 
     California, including the following measures as these 
     measures are prescribed in the Settlement:

[[Page S9823]]

       (1) Design and construct channel and structural 
     improvements as described in paragraph 11 of the Settlement, 
     provided, however, that the Secretary shall not make or fund 
     any such improvements to facilities or property of the State 
     of California without the approval of the State of California 
     and the State's agreement in 1 or more memoranda of 
     understanding to participate where appropriate.
       (2) Modify Friant Dam operations so as to provide 
     Restoration Flows and Interim Flows.
       (3) Acquire water, water rights, or options to acquire 
     water as described in paragraph 13 of the Settlement, 
     provided, however, such acquisitions shall only be made from 
     willing sellers and not through eminent domain.
       (4) Implement the terms and conditions of paragraph 16 of 
     the Settlement related to recirculation, recapture, reuse, 
     exchange, or transfer of water released for Restoration Flows 
     or Interim Flows, for the purpose of accomplishing the Water 
     Management Goal of the Settlement, subject to--
       (A) applicable provisions of California water law;
       (B) the Secretary's use of Central Valley Project 
     facilities to make Project water (other than water released 
     from Friant Dam pursuant to the Settlement) and water 
     acquired through transfers available to existing south-of-
     Delta Central Valley Project contractors; and
       (C) the Secretary's performance of the Agreement of 
     November 24, 1986, between the United States of America and 
     the Department of Water Resources of the State of California 
     for the coordinated operation of the Central Valley Project 
     and the State Water Project as authorized by Congress in 
     section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100 
     Stat. 3051), including any agreement to resolve conflicts 
     arising from said Agreement.
       (5) Develop and implement the Recovered Water Account as 
     specified in paragraph 16(b) of the Settlement, including the 
     pricing and payment crediting provisions described in 
     paragraph 16(b)(3) of the Settlement, provided that all other 
     provisions of Federal reclamation law shall remain 
     applicable.
       (b) Agreements.--
       (1) Agreements with the state.--In order to facilitate or 
     expedite implementation of the Settlement, the Secretary is 
     authorized and directed to enter into appropriate agreements, 
     including cost-sharing agreements, with the State of 
     California.
       (2) Other agreements.--The Secretary is authorized to enter 
     into contracts, memoranda of understanding, financial 
     assistance agreements, cost sharing agreements, and other 
     appropriate agreements with State, tribal, and local 
     governmental agencies, and with private parties, including 
     agreements related to construction, improvement, and 
     operation and maintenance of facilities, subject to any terms 
     and conditions that the Secretary deems necessary to achieve 
     the purposes of the Settlement.
       (c) Acceptance and Expenditure of Non-Federal Funds.--The 
     Secretary is authorized to accept and expend non-Federal 
     funds in order to facilitate implementation of the 
     Settlement.
       (d) Mitigation of Impacts.--Prior to the implementation of 
     decisions or agreements to construct, improve, operate, or 
     maintain facilities that the Secretary determines are needed 
     to implement the Settlement, the Secretary shall identify--
       (1) the impacts associated with such actions; and
       (2) the measures which shall be implemented to mitigate 
     impacts on adjacent and downstream water users and 
     landowners.
       (e) Design and Engineering Studies.--The Secretary is 
     authorized to conduct any design or engineering studies that 
     are necessary to implement the Settlement.
       (f) Effect on Contract Water Allocations.--Except as 
     otherwise provided in this section, the implementation of the 
     Settlement and the reintroduction of California Central 
     Valley Spring Run Chinook salmon pursuant to the Settlement 
     and section 10011, shall not result in the involuntary 
     reduction in contract water allocations to Central Valley 
     Project long-term contractors, other than Friant Division 
     long-term contractors.
       (g) Effect on Existing Water Contracts.--Except as provided 
     in the Settlement and this part, nothing in this part shall 
     modify or amend the rights and obligations of the parties to 
     any existing water service, repayment, purchase, or exchange 
     contract.

     SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO 
                   FACILITIES.

       (a) Title to Facilities.--Unless acquired pursuant to 
     subsection (b), title to any facility or facilities, stream 
     channel, levees, or other real property modified or improved 
     in the course of implementing the Settlement authorized by 
     this part, and title to any modifications or improvements of 
     such facility or facilities, stream channel, levees, or other 
     real property--
       (1) shall remain in the owner of the property; and
       (2) shall not be transferred to the United States on 
     account of such modifications or improvements.
       (b) Acquisition of Property.--
       (1) In general.--The Secretary is authorized to acquire 
     through purchase from willing sellers any property, interests 
     in property, or options to acquire real property needed to 
     implement the Settlement authorized by this part.
       (2) Applicable law.--The Secretary is authorized, but not 
     required, to exercise all of the authorities provided in 
     section 2 of the Act of August 26, 1937 (50 Stat. 844, 
     chapter 832), to carry out the measures authorized in this 
     section and section 10004.
       (c) Disposal of Property.--
       (1) In general.--Upon the Secretary's determination that 
     retention of title to property or interests in property 
     acquired pursuant to this part is no longer needed to be held 
     by the United States for the furtherance of the Settlement, 
     the Secretary is authorized to dispose of such property or 
     interest in property on such terms and conditions as the 
     Secretary deems appropriate and in the best interest of the 
     United States, including possible transfer of such property 
     to the State of California.
       (2) Right of first refusal.--In the event the Secretary 
     determines that property acquired pursuant to this part 
     through the exercise of its eminent domain authority is no 
     longer necessary for implementation of the Settlement, the 
     Secretary shall provide a right of first refusal to the 
     property owner from whom the property was initially acquired, 
     or his or her successor in interest, on the same terms and 
     conditions as the property is being offered to other parties.
       (3) Disposition of proceeds.--Proceeds from the disposal by 
     sale or transfer of any such property or interests in such 
     property shall be deposited in the fund established by 
     section 10009(c).
       (d) Groundwater Bank.--Nothing in this part authorizes the 
     Secretary to operate a groundwater bank along or adjacent to 
     the San Joaquin River upstream of the confluence with the 
     Merced River, and any such groundwater bank shall be operated 
     by a non-Federal entity.

     SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.

       (a) Applicable Law.--
       (1) In general.--In undertaking the measures authorized by 
     this part, the Secretary and the Secretary of Commerce shall 
     comply with all applicable Federal and State laws, rules, and 
     regulations, including the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.), as necessary.
       (2) Environmental reviews.--The Secretary and the Secretary 
     of Commerce are authorized and directed to initiate and 
     expeditiously complete applicable environmental reviews and 
     consultations as may be necessary to effectuate the purposes 
     of the Settlement.
       (b) Effect on State Law.--Nothing in this part shall 
     preempt State law or modify any existing obligation of the 
     United States under Federal reclamation law to operate the 
     Central Valley Project in conformity with State law.
       (c) Use of Funds for Environmental Reviews.--
       (1) Definition of environmental review.--For purposes of 
     this subsection, the term ``environmental review'' includes 
     any consultation and planning necessary to comply with 
     subsection (a).
       (2) Participation in environmental review process.--In 
     undertaking the measures authorized by section 10004, and for 
     which environmental review is required, the Secretary may 
     provide funds made available under this part to affected 
     Federal agencies, State agencies, local agencies, and Indian 
     tribes if the Secretary determines that such funds are 
     necessary to allow the Federal agencies, State agencies, 
     local agencies, or Indian tribes to effectively participate 
     in the environmental review process.
       (3) Limitation.--Funds may be provided under paragraph (2) 
     only to support activities that directly contribute to the 
     implementation of the terms and conditions of the Settlement.
       (d) Nonreimbursable Funds.--The United States' share of the 
     costs of implementing this part shall be nonreimbursable 
     under Federal reclamation law, provided that nothing in this 
     subsection shall limit or be construed to limit the use of 
     the funds assessed and collected pursuant to sections 
     3406(c)(1) and 3407(d)(2) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4721, 4727), for implementation of the Settlement, 
     nor shall it be construed to limit or modify existing or 
     future Central Valley Project ratesetting policies.

     SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
                   IMPROVEMENT ACT.

       Congress hereby finds and declares that the Settlement 
     satisfies and discharges all of the obligations of the 
     Secretary contained in section 3406(c)(1) of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4721), provided, however, that--
       (1) the Secretary shall continue to assess and collect the 
     charges provided in section 3406(c)(1) of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4721), as provided in the Settlement; and
       (2) those assessments and collections shall continue to be 
     counted toward the requirements of the Secretary contained in 
     section 3407(c)(2) of the Reclamation Projects Authorization 
     and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 
     4726).

     SEC. 10008. NO PRIVATE RIGHT OF ACTION.

       (a) In General.--Nothing in this part confers upon any 
     person or entity not a party to the Settlement a private 
     right of action or claim for relief to interpret or enforce 
     the provisions of this part or the Settlement.

[[Page S9824]]

       (b) Applicable Law.--This section shall not alter or 
     curtail any right of action or claim for relief under any 
     other applicable law.

     SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.

       (a) Implementation Costs.--
       (1) In general.--The costs of implementing the Settlement 
     shall be covered by payments or in-kind contributions made by 
     Friant Division contractors and other non-Federal parties, 
     including the funds provided in subparagraphs (A) through (D) 
     of subsection (c)(1), estimated to total $440,000,000, of 
     which the non-Federal payments are estimated to total 
     $200,000,000 (at October 2006 price levels) and the amount 
     from repaid Central Valley Project capital obligations is 
     estimated to total $240,000,000, the additional Federal 
     appropriation of $250,000,000 authorized pursuant to 
     subsection (b)(1), and such additional funds authorized 
     pursuant to subsection (b)(2); provided however, that the 
     costs of implementing the provisions of section 10004(a)(1) 
     shall be shared by the State of California pursuant to the 
     terms of a memorandum of understanding executed by the State 
     of California and the Parties to the Settlement on September 
     13, 2006, which includes at least $110,000,000 of State 
     funds.
       (2) Additional agreements.--
       (A) In general.--The Secretary shall enter into 1 or more 
     agreements to fund or implement improvements on a project-by-
     project basis with the State of California.
       (B) Requirements.--Any agreements entered into under 
     subparagraph (A) shall provide for recognition of either 
     monetary or in-kind contributions toward the State of 
     California's share of the cost of implementing the provisions 
     of section 10004(a)(1).
       (3) Limitation.--Except as provided in the Settlement, to 
     the extent that costs incurred solely to implement this 
     Settlement would not otherwise have been incurred by any 
     entity or public or local agency or subdivision of the State 
     of California, such costs shall not be borne by any such 
     entity, agency, or subdivision of the State of California, 
     unless such costs are incurred on a voluntary basis.
       (b) Authorization of Appropriations.--
       (1) In general.--In addition to the funding provided in 
     subsection (c), there are also authorized to be appropriated 
     not to exceed $250,000,000 (at October 2006 price levels) to 
     implement this part and the Settlement, to be available until 
     expended; provided however, that the Secretary is authorized 
     to spend such additional appropriations only in amounts equal 
     to the amount of funds deposited in the Fund (not including 
     payments under subsection (c)(1)(B) and proceeds under 
     subsection (c)(1)(C)), the amount of in-kind contributions, 
     and other non-Federal payments actually committed to the 
     implementation of this part or the Settlement.
       (2) Use of the central valley project restoration fund.--
     The Secretary is authorized to use monies from the Central 
     Valley Project Restoration Fund created under section 3407 of 
     the Reclamation Projects Authorization and Adjustment Act of 
     1992 (Public Law 102-575; 106 Stat. 4727) for purposes of 
     this part in an amount not to exceed $2,000,000 (October 2006 
     price levels) in any fiscal year.
       (c) Fund.--
       (1) In general.--There is hereby established within the 
     Treasury of the United States a fund, to be known as the San 
     Joaquin River Restoration Fund, into which the following 
     funds shall be deposited and used solely for the purpose of 
     implementing the Settlement except as otherwise provided in 
     subsections (a) and (b) of section 10203:
       (A) All payments received pursuant to section 3406(c)(1) of 
     the Reclamation Projects Authorization and Adjustment Act of 
     1992 (Public Law 102-575; 106 Stat. 4721).
       (B) The construction cost component (not otherwise needed 
     to cover operation and maintenance costs) of payments made by 
     Friant Division, Hidden Unit, and Buchanan Unit long-term 
     contractors pursuant to long-term water service contracts or 
     pursuant to repayment contracts, including repayment 
     contracts executed pursuant to section 10010. The 
     construction cost repayment obligation assigned such 
     contractors under such contracts shall be reduced by the 
     amount paid pursuant to this paragraph and the appropriate 
     share of the existing Federal investment in the Central 
     Valley Project to be recovered by the Secretary pursuant to 
     Public Law 99-546 (100 Stat. 3050) shall be reduced by an 
     equivalent sum.
       (C) Proceeds from the sale of water pursuant to the 
     Settlement, or from the sale of property or interests in 
     property as provided in section 10005.
       (D) Any non-Federal funds, including State cost-sharing 
     funds, contributed to the United States for implementation of 
     the Settlement, which the Secretary may expend without 
     further appropriation for the purposes for which contributed.
       (2) Availability.--All funds deposited into the Fund 
     pursuant to subparagraphs (A), (B), and (C) of paragraph (1) 
     are authorized for appropriation to implement the Settlement 
     and this part, in addition to the authorization provided in 
     subsections (a) and (b) of section 10203, except that 
     $88,000,000 of such funds are available for expenditure 
     without further appropriation; provided that after October 1, 
     2018, all funds in the Fund shall be available for 
     expenditure without further appropriation.
       (d) Limitation on Contributions.--Payments made by long-
     term contractors who receive water from the Friant Division 
     and Hidden and Buchanan Units of the Central Valley Project 
     pursuant to sections 3406(c)(1) and 3407(d)(2) of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (Public Law 102-575; 106 Stat. 4721, 4727) and payments made 
     pursuant to paragraph 16(b)(3) of the Settlement and 
     subsection (c)(1)(B) shall be the limitation of such 
     entities' direct financial contribution to the Settlement, 
     subject to the terms and conditions of paragraph 21 of the 
     Settlement.
       (e) No Additional Expenditures Required.--Nothing in this 
     part shall be construed to require a Federal official to 
     expend Federal funds not appropriated by Congress, or to seek 
     the appropriation of additional funds by Congress, for the 
     implementation of the Settlement.
       (f) Reach 4B.--
       (1) Study.--
       (A) In general.--In accordance with the Settlement and the 
     memorandum of understanding executed pursuant to paragraph 6 
     of the Settlement, the Secretary shall conduct a study that 
     specifies--
       (i) the costs of undertaking any work required under 
     paragraph 101(a)(3) of the Settlement to increase the 
     capacity of reach 4B prior to reinitiation of Restoration 
     Flows;
       (ii) the impacts associated with reinitiation of such 
     flows; and
       (iii) measures that shall be implemented to mitigate 
     impacts.
       (B) Deadline.--The study under subparagraph (A) shall be 
     completed prior to restoration of any flows other than 
     Interim Flows.
       (2) Report.--
       (A) In general.--The Secretary shall file a report with 
     Congress not later than 90 days after issuing a 
     determination, as required by the Settlement, on whether to 
     expand channel conveyance capacity to 4500 cubic feet per 
     second in reach 4B of the San Joaquin River, or use an 
     alternative route for pulse flows, that--
       (i) explains whether the Secretary has decided to expand 
     Reach 4B capacity to 4500 cubic feet per second; and
       (ii) addresses the following matters:

       (I) The basis for the Secretary's determination, whether 
     set out in environmental review documents or otherwise, as to 
     whether the expansion of Reach 4B would be the preferable 
     means to achieve the Restoration Goal as provided in the 
     Settlement, including how different factors were assessed 
     such as comparative biological and habitat benefits, 
     comparative costs, relative availability of State cost-
     sharing funds, and the comparative benefits and impacts on 
     water temperature, water supply, private property, and local 
     and downstream flood control.
       (II) The Secretary's final cost estimate for expanding 
     Reach 4B capacity to 4500 cubic feet per second, or any 
     alternative route selected, as well as the alternative cost 
     estimates provided by the State, by the Restoration 
     Administrator, and by the other parties to the Settlement.
       (III) The Secretary's plan for funding the costs of 
     expanding Reach 4B or any alternative route selected, whether 
     by existing Federal funds provided under this subtitle, by 
     non-Federal funds, by future Federal appropriations, or some 
     combination of such sources.

       (B) Determination required.--The Secretary shall, to the 
     extent feasible, make the determination in subparagraph (A) 
     prior to undertaking any substantial construction work to 
     increase capacity in reach 4B.
       (3) Costs.--If the Secretary's estimated Federal cost for 
     expanding reach 4B in paragraph (2), in light of the 
     Secretary's funding plan set out in that paragraph, would 
     exceed the remaining Federal funding authorized by this part 
     (including all funds reallocated, all funds dedicated, and 
     all new funds authorized by this part and separate from all 
     commitments of State and other non-Federal funds and in-kind 
     commitments), then before the Secretary commences actual 
     construction work in reach 4B (other than planning, design, 
     feasibility, or other preliminary measures) to expand 
     capacity to 4500 cubic feet per second to implement this 
     Settlement, Congress must have increased the applicable 
     authorization ceiling provided by this part in an amount at 
     least sufficient to cover the higher estimated Federal costs.

     SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT 
                   OF CONSTRUCTION COSTS.

       (a) Conversion of Contracts.--
       (1) The Secretary is authorized and directed to convert, 
     prior to December 31, 2010, all existing long-term contracts 
     with the following Friant Division, Hidden Unit, and Buchanan 
     Unit contractors, entered under subsection (e) of section 9 
     of the Act of August 4, 1939 (53 Stat. 1196), to contracts 
     under subsection (d) of section 9 of said Act (53 Stat. 
     1195), under mutually agreeable terms and conditions: Arvin-
     Edison Water Storage District; Delano-Earlimart Irrigation 
     District; Exeter Irrigation District; Fresno Irrigation 
     District; Ivanhoe Irrigation District; Lindmore Irrigation 
     District; Lindsay-Strathmore Irrigation District; Lower Tule 
     River Irrigation District; Orange Cove Irrigation District; 
     Porterville Irrigation District; Saucelito Irrigation 
     District; Shafter-Wasco Irrigation District; Southern San 
     Joaquin Municipal Utility District; Stone Corral Irrigation 
     District; Tea Pot Dome Water District; Terra Bella Irrigation 
     District; Tulare Irrigation District; Madera Irrigation 
     District; and Chowchilla Water District. Upon request of the 
     contractor, the Secretary is authorized to convert, prior to 
     December 31, 2010, other existing long-term contracts with

[[Page S9825]]

     Friant Division contractors entered under subsection (e) of 
     section 9 of the Act of August 4, 1939 (53 Stat. 1196), to 
     contracts under subsection (d) of section 9 of said Act (53 
     Stat. 1195), under mutually agreeable terms and conditions.
       (2) Upon request of the contractor, the Secretary is 
     further authorized to convert, prior to December 31, 2010, 
     any existing Friant Division long-term contract entered under 
     subsection (c)(2) of section 9 of the Act of August 4, 1939 
     (53 Stat. 1194), to a contract under subsection (c)(1) of 
     section 9 of said Act, under mutually agreeable terms and 
     conditions.
       (3) All such contracts entered into pursuant to paragraph 
     (1) shall--
       (A) require the repayment, either in lump sum or by 
     accelerated prepayment, of the remaining amount of 
     construction costs identified in the Central Valley Project 
     Schedule of Irrigation Capital Rates by Contractor 2007 
     Irrigation Water Rates, dated January 25, 2007, as adjusted 
     to reflect payments not reflected in such schedule, and 
     properly assignable for ultimate return by the contractor, no 
     later than January 31, 2011, or if made in approximately 
     equal annual installments, no later than January 31, 2014; 
     such amount to be discounted by \1/2\ the Treasury Rate. An 
     estimate of the remaining amount of construction costs as of 
     January 31, 2011, as adjusted, shall be provided by the 
     Secretary to each contractor no later than June 30, 2010;
       (B) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the contract or not reflected in the 
     schedule referenced in subparagraph (A), and properly 
     assignable to such contractor, shall be repaid in not more 
     than 5 years after notification of the allocation if such 
     amount is a result of a collective annual allocation of 
     capital costs to the contractors exercising contract 
     conversions under this subsection of less than $5,000,000. If 
     such amount is $5,000,000 or greater, such cost shall be 
     repaid as provided by applicable Reclamation law, provided 
     that the reference to the amount of $5,000,000 shall not be a 
     precedent in any other context;
       (C) provide that power revenues will not be available to 
     aid in repayment of construction costs allocated to 
     irrigation under the contract; and
       (D) conform to the Settlement and this part and shall 
     continue so long as the contractor pays applicable charges, 
     consistent with subsection (c)(2) and applicable law.
       (4) All such contracts entered into pursuant to paragraph 
     (2) shall--
       (A) require the repayment in lump sum of the remaining 
     amount of construction costs identified in the most current 
     version of the Central Valley Project Schedule of Municipal 
     and Industrial Water Rates, as adjusted to reflect payments 
     not reflected in such schedule, and properly assignable for 
     ultimate return by the contractor, no later than January 31, 
     2014. An estimate of the remaining amount of construction 
     costs as of January 31, 2014, as adjusted, shall be provided 
     by the Secretary to each contractor no later than June 30, 
     2013;
       (B) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the contract or not reflected in the 
     schedule referenced in subparagraph (A), and properly 
     assignable to such contractor, shall be repaid in not more 
     than 5 years after notification of the allocation if such 
     amount is a result of a collective annual allocation of 
     capital costs to the contractors exercising contract 
     conversions under this subsection of less than $5,000,000. If 
     such amount is $5,000,000 or greater, such cost shall be 
     repaid as provided by applicable Reclamation law, provided 
     that the reference to the amount of $5,000,000 shall not be a 
     precedent in any other context; and
       (C) conform to the Settlement and this part and shall 
     continue so long as the contractor pays applicable charges, 
     consistent with subsection (c)(2) and applicable law.
       (b) Final Adjustment.--The amounts paid pursuant to 
     subsection (a) shall be subject to adjustment following a 
     final cost allocation by the Secretary upon completion of the 
     construction of the Central Valley Project. In the event that 
     the final cost allocation indicates that the costs properly 
     assignable to the contractor are greater than what has been 
     paid by the contractor, the contractor shall be obligated to 
     pay the remaining allocated costs. The term of such 
     additional repayment contract shall be no less than 1 year 
     and no more than 10 years, however, mutually agreeable 
     provisions regarding the rate of repayment of such amount may 
     be developed by the parties. In the event that the final cost 
     allocation indicates that the costs properly assignable to 
     the contractor are less than what the contractor has paid, 
     the Secretary is authorized and directed to credit such 
     overpayment as an offset against any outstanding or future 
     obligation of the contractor.
       (c) Applicability of Certain Provisions.--
       (1) Notwithstanding any repayment obligation under 
     subsection (a)(3)(B) or subsection (b), upon a contractor's 
     compliance with and discharge of the obligation of repayment 
     of the construction costs as provided in subsection 
     (a)(3)(A), the provisions of section 213(a) and (b) of the 
     Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to 
     lands in such district.
       (2) Notwithstanding any repayment obligation under 
     paragraph (3)(B) or (4)(B) of subsection (a), or subsection 
     (b), upon a contractor's compliance with and discharge of the 
     obligation of repayment of the construction costs as provided 
     in paragraphs (3)(A) and (4)(A) of subsection (a), the 
     Secretary shall waive the pricing provisions of section 
     3405(d) of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575) for such 
     contractor, provided that such contractor shall continue to 
     pay applicable operation and maintenance costs and other 
     charges applicable to such repayment contracts pursuant to 
     the then-current rate-setting policy and applicable law.
       (3) Provisions of the Settlement applying to Friant 
     Division, Hidden Unit, and Buchanan Unit long-term water 
     service contracts shall also apply to contracts executed 
     pursuant to this section.
       (d) Reduction of Charge for Those Contracts Converted 
     Pursuant to Subsection (a)(1).--
       (1) At the time all payments by the contractor required by 
     subsection (a)(3)(A) have been completed, the Secretary shall 
     reduce the charge mandated in section 10007(1) of this part, 
     from 2020 through 2039, to offset the financing costs as 
     defined in section 10010(d)(3). The reduction shall be 
     calculated at the time all payments by the contractor 
     required by subsection (a)(3)(A) have been completed. The 
     calculation shall remain fixed from 2020 through 2039 and 
     shall be based upon anticipated average annual water 
     deliveries, as mutually agreed upon by the Secretary and the 
     contractor, for the period from 2020 through 2039, and the 
     amounts of such reductions shall be discounted using the 
     Treasury Rate; provided, that such charge shall not be 
     reduced to less than $4.00 per acre foot of project water 
     delivered; provided further, that such reduction shall be 
     implemented annually unless the Secretary determines, based 
     on the availability of other monies, that the charges 
     mandated in section 10007(1) are otherwise needed to cover 
     ongoing federal costs of the Settlement, including any 
     federal operation and maintenance costs of facilities that 
     the Secretary determines are needed to implement the 
     Settlement. If the Secretary determines that such charges are 
     necessary to cover such ongoing federal costs, the Secretary 
     shall, instead of making the reduction in such charges, 
     reduce the contractor's operation and maintenance obligation 
     by an equivalent amount, and such amount shall not be 
     recovered by the United States from any Central Valley 
     Project contractor, provided nothing herein shall affect the 
     obligation of the contractor to make payments pursuant to a 
     transfer agreement with a non-federal operating entity.
       (2) If the calculated reduction in paragraph (1), taking 
     into consideration the minimum amount required, does not 
     result in the contractor offsetting its financing costs, the 
     Secretary is authorized and directed to reduce, after 2019, 
     any outstanding or future obligations of the contractor to 
     the Bureau of Reclamation, other than the charge assessed and 
     collected under section 3407(d) of Public law 102-575, by the 
     amount of such deficiency, with such amount indexed to 2020 
     using the Treasury Rate and such amount shall be not be 
     recovered by the United States from any Central Valley 
     Project contractor, provided nothing herein shall affect the 
     obligation of the contractor to make payments pursuant to a 
     transfer agreement with a non-Federal operating entity.
       (3) Financing costs, for the purposes of this subsection, 
     shall be computed as the difference of the net present value 
     of the construction cost identified in subsection (a)(3)(A) 
     using the full Treasury Rate as compared to using one half of 
     the Treasury Rate and applying those rates against a 
     calculated average annual capital repayment through 2030.
       (4) Effective in 2040, the charge shall revert to the 
     amount called for in section 10007(1) of this part.
       (5) For purposes of this section, ``Treasury Rate'' shall 
     be defined as the 20 year Constant Maturity Treasury (CMT) 
     rate published by the United States Department of the 
     Treasury as of October 1, 2010.
       (e) Satisfaction of Certain Provisions.--
       (1) In general.--Upon the first release of Interim Flows or 
     Restoration Flows, pursuant to paragraphs 13 or 15 of the 
     Settlement, any short- or long-term agreement, to which 1 or 
     more long-term Friant Division, Hidden Unit, or Buchanan Unit 
     contractor that converts its contract pursuant to subsection 
     (a) is a party, providing for the transfer or exchange of 
     water not released as Interim Flows or Restoration Flows 
     shall be deemed to satisfy the provisions of subsection 
     3405(a)(1)(A) and (I) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575) 
     without the further concurrence of the Secretary as to 
     compliance with said subsections if the contractor provides, 
     not later than 90 days before commencement of any such 
     transfer or exchange for a period in excess of 1 year, and 
     not later than 30 days before commencement of any proposed 
     transfer or exchange with duration of less than 1 year, 
     written notice to the Secretary stating how the proposed 
     transfer or exchange is intended to reduce, avoid, or 
     mitigate impacts to water deliveries caused by the Interim 
     Flows or Restoration Flows or is intended to otherwise 
     facilitate the Water Management Goal, as described in the 
     Settlement. The Secretary shall promptly make such notice 
     publicly available.

[[Page S9826]]

       (2) Determination of reductions to water deliveries.--Water 
     transferred or exchanged under an agreement that meets the 
     terms of this subsection shall not be counted as a 
     replacement or an offset for purposes of determining 
     reductions to water deliveries to any Friant Division long-
     term contractor except as provided in paragraph 16(b) of the 
     Settlement. The Secretary shall, at least annually, make 
     publicly available a compilation of the number of transfer or 
     exchange agreements exercising the provisions of this 
     subsection to reduce, avoid, or mitigate impacts to water 
     deliveries caused by the Interim Flows or Restoration Flows 
     or to facilitate the Water Management Goal, as well as the 
     volume of water transferred or exchanged under such 
     agreements.
       (3) State law.--Nothing in this subsection alters State law 
     or permit conditions, including any applicable geographical 
     restrictions on the place of use of water transferred or 
     exchanged pursuant to this subsection.
       (f) Certain Repayment Obligations Not Altered.--
     Implementation of the provisions of this section shall not 
     alter the repayment obligation of any other long-term water 
     service or repayment contractor receiving water from the 
     Central Valley Project, or shift any costs that would 
     otherwise have been properly assignable to the Friant 
     contractors absent this section, including operations and 
     maintenance costs, construction costs, or other capitalized 
     costs incurred after the date of enactment of this Act, to 
     other such contractors.
       (g) Statutory Interpretation.--Nothing in this part shall 
     be construed to affect the right of any Friant Division, 
     Hidden Unit, or Buchanan Unit long-term contractor to use a 
     particular type of financing to make the payments required in 
     paragraph (3)(A) or (4)(A) of subsection (a).

     SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK 
                   SALMON.

       (a) Finding.--Congress finds that the implementation of the 
     Settlement to resolve 18 years of contentious litigation 
     regarding restoration of the San Joaquin River and the 
     reintroduction of the California Central Valley Spring Run 
     Chinook salmon is a unique and unprecedented circumstance 
     that requires clear expressions of Congressional intent 
     regarding how the provisions of the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the 
     goals of restoration of the San Joaquin River and the 
     successful reintroduction of California Central Valley Spring 
     Run Chinook salmon.
       (b) Reintroduction in the San Joaquin River.--California 
     Central Valley Spring Run Chinook salmon shall be 
     reintroduced in the San Joaquin River below Friant Dam 
     pursuant to section 10(j) of the Endangered Species Act of 
     1973 (16 U.S.C. 1539(j)) and the Settlement, provided that 
     the Secretary of Commerce finds that a permit for the 
     reintroduction of California Central Valley Spring Run 
     Chinook salmon may be issued pursuant to section 10(a)(1)(A) 
     of the Endangered Species Act of 1973 (16 U.S.C. 
     1539(a)(1)(A)).
       (c) Final Rule.--
       (1) Definition of third party.--For the purpose of this 
     subsection, the term ``third party'' means persons or 
     entities diverting or receiving water pursuant to applicable 
     State and Federal laws and shall include Central Valley 
     Project contractors outside of the Friant Division of the 
     Central Valley Project and the State Water Project.
       (2) Issuance.--The Secretary of Commerce shall issue a 
     final rule pursuant to section 4(d) of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 
     of reintroduced California Central Valley Spring Run Chinook 
     salmon prior to the reintroduction.
       (3) Required components.--The rule issued under paragraph 
     (2) shall provide that the reintroduction will not impose 
     more than de minimus: water supply reductions, additional 
     storage releases, or bypass flows on unwilling third parties 
     due to such reintroduction.
       (4) Applicable law.--Nothing in this section--
       (A) diminishes the statutory or regulatory protections 
     provided in the Endangered Species Act of 1973 for any 
     species listed pursuant to section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533) other than the 
     reintroduced population of California Central Valley Spring 
     Run Chinook salmon, including protections pursuant to 
     existing biological opinions or new biological opinions 
     issued by the Secretary or Secretary of Commerce; or
       (B) precludes the Secretary or Secretary of Commerce from 
     imposing protections under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) for other species listed pursuant to 
     section 4 of that Act (16 U.S.C. 1533) because those 
     protections provide incidental benefits to such reintroduced 
     California Central Valley Spring Run Chinook salmon.
       (d) Report.--
       (1) In general.--Not later than December 31, 2024, the 
     Secretary of Commerce shall report to Congress on the 
     progress made on the reintroduction set forth in this section 
     and the Secretary's plans for future implementation of this 
     section.
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the major challenges, if any, to 
     successful reintroduction;
       (B) an evaluation of the effect, if any, of the 
     reintroduction on the existing population of California 
     Central Valley Spring Run Chinook salmon existing on the 
     Sacramento River or its tributaries; and
       (C) an assessment regarding the future of the 
     reintroduction.
       (e) FERC Projects.--
       (1) In general.--With regard to California Central Valley 
     Spring Run Chinook salmon reintroduced pursuant to the 
     Settlement, the Secretary of Commerce shall exercise its 
     authority under section 18 of the Federal Power Act (16 
     U.S.C. 811) by reserving its right to file prescriptions in 
     proceedings for projects licensed by the Federal Energy 
     Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, 
     Merced, and San Joaquin rivers and otherwise consistent with 
     subsection (c) until after the expiration of the term of the 
     Settlement, December 31, 2025, or the expiration of the 
     designation made pursuant to subsection (b), whichever ends 
     first.
       (2) Effect of subsection.--Nothing in this subsection shall 
     preclude the Secretary of Commerce from imposing 
     prescriptions pursuant to section 18 of the Federal Power Act 
     (16 U.S.C. 811) solely for other anadromous fish species 
     because those prescriptions provide incidental benefits to 
     such reintroduced California Central Valley Spring Run 
     Chinook salmon.
       (f) Effect of Section.--Nothing in this section is intended 
     or shall be construed--
       (1) to modify the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
     seq.); or
       (2) to establish a precedent with respect to any other 
     application of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
     seq.).

              PART II--STUDY TO DEVELOP WATER PLAN; REPORT

     SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.

       (a) Plan.--
       (1) Grant.--To the extent that funds are made available in 
     advance for this purpose, the Secretary of the Interior, 
     acting through the Bureau of Reclamation, shall provide 
     direct financial assistance to the California Water 
     Institute, located at California State University, Fresno, 
     California, to conduct a study regarding the coordination and 
     integration of sub-regional integrated regional water 
     management plans into a unified Integrated Regional Water 
     Management Plan for the subject counties in the hydrologic 
     basins that would address issues related to--
       (A) water quality;
       (B) water supply (both surface, ground water banking, and 
     brackish water desalination);
       (C) water conveyance;
       (D) water reliability;
       (E) water conservation and efficient use (by distribution 
     systems and by end users);
       (F) flood control;
       (G) water resource-related environmental enhancement; and
       (H) population growth.
       (2) Study area.--The study area referred to in paragraph 
     (1) is the proposed study area of the San Joaquin River 
     Hydrologic Region and Tulare Lake Hydrologic Region, as 
     defined by California Department of Water Resources Bulletin 
     160-05, volume 3, chapters 7 and 8, including Kern, Tulare, 
     Kings, Fresno, Madera, Merced, Stanislaus, and San Joaquin 
     counties in California.
       (b) Use of Plan.--The Integrated Regional Water Management 
     Plan developed for the 2 hydrologic basins under subsection 
     (a) shall serve as a guide for the counties in the study area 
     described in subsection (a)(2) to use as a mechanism to 
     address and solve long-term water needs in a sustainable and 
     equitable manner.
       (c) Report.--The Secretary shall ensure that a report 
     containing the results of the Integrated Regional Water 
     Management Plan for the hydrologic regions is submitted to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives not later than 24 months after financial 
     assistance is made available to the California Water 
     Institute under subsection (a)(1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 to 
     remain available until expended.

                 PART III--FRIANT DIVISION IMPROVEMENTS

     SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.

       (a) The Secretary of the Interior (hereafter referred to as 
     the ``Secretary'') is authorized and directed to conduct 
     feasibility studies in coordination with appropriate Federal, 
     State, regional, and local authorities on the following 
     improvements and facilities in the Friant Division, Central 
     Valley Project, California:
       (1) Restoration of the capacity of the Friant-Kern Canal 
     and Madera Canal to such capacity as previously designed and 
     constructed by the Bureau of Reclamation.
       (2) Reverse flow pump-back facilities on the Friant-Kern 
     Canal, with reverse-flow capacity of approximately 500 cubic 
     feet per second at the Poso and Shafter Check Structures and 
     approximately 300 cubic feet per second at the Woollomes 
     Check Structure.
       (b) Upon completion of and consistent with the applicable 
     feasibility studies, the Secretary is authorized to construct 
     the improvements and facilities identified in subsection (a) 
     in accordance with all applicable Federal and State laws.
       (c) The costs of implementing this section shall be in 
     accordance with section 10203, and shall be a nonreimbursable 
     Federal expenditure.

[[Page S9827]]

     SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.

       (a) Authorization.--The Secretary is authorized to provide 
     financial assistance to local agencies within the Central 
     Valley Project, California, for the planning, design, 
     environmental compliance, and construction of local 
     facilities to bank water underground or to recharge 
     groundwater, and that recover such water, provided that the 
     project meets the criteria in subsection (b). The Secretary 
     is further authorized to require that any such local agency 
     receiving financial assistance under the terms of this 
     section submit progress reports and accountings to the 
     Secretary, as the Secretary deems appropriate, which such 
     reports shall be publicly available.
       (b) Criteria.--
       (1) A project shall be eligible for Federal financial 
     assistance under subsection (a) only if all or a portion of 
     the project is designed to reduce, avoid, or offset the 
     quantity of the expected water supply impacts to Friant 
     Division long-term contractors caused by the Interim or 
     Restoration Flows authorized in part I of this subtitle, and 
     such quantities have not already been reduced, avoided, or 
     offset by other programs or projects.
       (2) Federal financial assistance shall only apply to the 
     portion of a project that the local agency designates as 
     reducing, avoiding, or offsetting the expected water supply 
     impacts caused by the Interim or Restoration Flows authorized 
     in part I of this subtitle, consistent with the methodology 
     developed pursuant to paragraph (3)(C).
       (3) No Federal financial assistance shall be provided by 
     the Secretary under this part for construction of a project 
     under subsection (a) unless the Secretary--
       (A) determines that appropriate planning, design, and 
     environmental compliance activities associated with such a 
     project have been completed, and that the Secretary has been 
     offered the opportunity to participate in the project at a 
     price that is no higher than the local agency's own costs, in 
     order to secure necessary storage, extraction, and conveyance 
     rights for water that may be needed to meet the Restoration 
     Goal as described in part I of this subtitle, where such 
     project has capacity beyond that designated for the purposes 
     in paragraph (2) or where it is feasible to expand such 
     project to allow participation by the Secretary;
       (B) determines, based on information available at the time, 
     that the local agency has the financial capability and 
     willingness to fund its share of the project's construction 
     and all operation and maintenance costs on an annual basis;
       (C) determines that a method acceptable to the Secretary 
     has been developed for quantifying the benefit, in terms of 
     reduction, avoidance, or offset of the water supply impacts 
     expected to be caused by the Interim or Restoration Flows 
     authorized in part I of this subtitle, that will result from 
     the project, and for ensuring appropriate adjustment in the 
     recovered water account pursuant to section 10004(a)(5); and
       (D) has entered into a cost-sharing agreement with the 
     local agency which commits the local agency to funding its 
     share of the project's construction costs on an annual basis.
       (c) Guidelines.--Within 1 year from the date of enactment 
     of this part, the Secretary shall develop, in consultation 
     with the Friant Division long-term contractors, proposed 
     guidelines for the application of the criteria defined in 
     subsection (b), and will make the proposed guidelines 
     available for public comment. Such guidelines may consider 
     prioritizing the distribution of available funds to projects 
     that provide the broadest benefit within the affected area 
     and the equitable allocation of funds. Upon adoption of such 
     guidelines, the Secretary shall implement such assistance 
     program, subject to the availability of funds appropriated 
     for such purpose.
       (d) Cost Sharing.--The Federal financial assistance 
     provided to local agencies under subsection (a) shall not 
     exceed--
       (1) 50 percent of the costs associated with planning, 
     design, and environmental compliance activities associated 
     with such a project; and
       (2) 50 percent of the costs associated with construction of 
     any such project.
       (e) Project Ownership.--
       (1) Title to, control over, and operation of, projects 
     funded under subsection (a) shall remain in one or more non-
     Federal local agencies. Nothing in this part authorizes the 
     Secretary to operate a groundwater bank along or adjacent to 
     the San Joaquin River upstream of the confluence with the 
     Merced River, and any such groundwater bank shall be operated 
     by a non-Federal entity. All projects funded pursuant to this 
     subsection shall comply with all applicable Federal and State 
     laws, including provisions of California water law.
       (2) All operation, maintenance, and replacement and 
     rehabilitation costs of such projects shall be the 
     responsibility of the local agency. The Secretary shall not 
     provide funding for any operation, maintenance, or 
     replacement and rehabilitation costs of projects funded under 
     subsection (a).

     SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.

       (a) The Secretary is authorized and directed to use monies 
     from the fund established under section 10009 to carry out 
     the provisions of section 10201(a)(1), in an amount not to 
     exceed $35,000,000.
       (b) In addition to the funds made available pursuant to 
     subsection (a), the Secretary is also authorized to expend 
     such additional funds from the fund established under section 
     10009 to carry out the purposes of section 10201(a)(2), if 
     such facilities have not already been authorized and funded 
     under the plan provided for pursuant to section 10004(a)(4), 
     in an amount not to exceed $17,000,000, provided that the 
     Secretary first determines that such expenditure will not 
     conflict with or delay his implementation of actions required 
     by part I of this subtitle. Notice of the Secretary's 
     determination shall be published not later than his 
     submission of the report to Congress required by section 
     10009(f)(2).
       (c) In addition to funds made available in subsections (a) 
     and (b), there are authorized to be appropriated $50,000,000 
     (October 2008 price levels) to carry out the purposes of this 
     part which shall be non-reimbursable.

        Subtitle B--Northwestern New Mexico Rural Water Projects

     SEC. 10301. SHORT TITLE.

       This subtitle may be cited as the ``Northwestern New Mexico 
     Rural Water Projects Act''.

     SEC. 10302. DEFINITIONS.

       In this subtitle:
       (1) Aamodt adjudication.--The term ``Aamodt adjudication'' 
     means the general stream adjudication that is the subject of 
     the civil action entitled ``State of New Mexico, ex rel. 
     State Engineer and United States of America, Pueblo de Nambe, 
     Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de 
     Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/LCS 
     (D.N.M.).
       (2) Abeyta adjudication.--The term ``Abeyta adjudication'' 
     means the general stream adjudication that is the subject of 
     the civil actions entitled ``State of New Mexico v. Abeyta 
     and State of New Mexico v. Arrellano'', Civil Nos. 7896-BB 
     (D.N.M) and 7939-BB (D.N.M.) (consolidated).
       (3) Acre-feet.--The term ``acre-feet'' means acre-feet per 
     year.
       (4) Agreement.--The term ``Agreement'' means the agreement 
     among the State of New Mexico, the Nation, and the United 
     States setting forth a stipulated and binding agreement 
     signed by the State of New Mexico and the Nation on April 19, 
     2005.
       (5) Allottee.--The term ``allottee'' means a person that 
     holds a beneficial real property interest in a Navajo 
     allotment that--
       (A) is located within the Navajo Reservation or the State 
     of New Mexico;
       (B) is held in trust by the United States; and
       (C) was originally granted to an individual member of the 
     Nation by public land order or otherwise.
       (6) Animas-la plata project.--The term ``Animas-La Plata 
     Project'' has the meaning given the term in section 3 of 
     Public Law 100-585 (102 Stat. 2973), including Ridges Basin 
     Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline, 
     and any other features or modifications made pursuant to the 
     Colorado Ute Settlement Act Amendments of 2000 (Public Law 
     106-554; 114 Stat. 2763A-258).
       (7) City.--The term ``City'' means the city of Gallup, New 
     Mexico, or a designee of the City, with authority to provide 
     water to the Gallup, New Mexico service area.
       (8) Colorado river compact.--The term ``Colorado River 
     Compact'' means the Colorado River Compact of 1922 as 
     approved by Congress in the Act of December 21, 1928 (45 
     Stat. 1057) and by the Presidential Proclamation of June 25, 
     1929 (46 Stat. 3000).
       (9) Colorado river system.--The term ``Colorado River 
     System'' has the same meaning given the term in Article II(a) 
     of the Colorado River Compact.
       (10) Compact.--The term ``Compact'' means the Upper 
     Colorado River Basin Compact as consented to by the Act of 
     April 6, 1949 (63 Stat. 31, chapter 48).
       (11) Contract.--The term ``Contract'' means the contract 
     between the United States and the Nation setting forth 
     certain commitments, rights, and obligations of the United 
     States and the Nation, as described in paragraph 6.0 of the 
     Agreement.
       (12) Depletion.--The term ``depletion'' means the depletion 
     of the flow of the San Juan River stream system in the State 
     of New Mexico by a particular use of water (including any 
     depletion incident to the use) and represents the diversion 
     from the stream system by the use, less return flows to the 
     stream system from the use.
       (13) Draft impact statement.--The term ``Draft Impact 
     Statement'' means the draft environmental impact statement 
     prepared by the Bureau of Reclamation for the Project dated 
     March 2007.
       (14) Fund.--The term ``Fund'' means the Reclamation Waters 
     Settlements Fund established by section 10501(a).
       (15) Hydrologic determination.--The term ``hydrologic 
     determination'' means the hydrologic determination entitled 
     ``Water Availability from Navajo Reservoir and the Upper 
     Colorado River Basin for Use in New Mexico,'' prepared by the 
     Bureau of Reclamation pursuant to section 11 of the Act of 
     June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May 
     23, 2007.
       (16) Lower basin.--The term ``Lower Basin'' has the same 
     meaning given the term in Article II(g) of the Colorado River 
     Compact.
       (17) Nation.--The term ``Nation'' means the Navajo Nation, 
     a body politic and federally-recognized Indian nation as 
     provided for in section 101(2) of the Federally Recognized 
     Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known 
     variously as the ``Navajo Tribe,'' the ``Navajo Tribe of 
     Arizona, New Mexico &

[[Page S9828]]

     Utah,'' and the ``Navajo Tribe of Indians'' and other similar 
     names, and includes all bands of Navajo Indians and chapters 
     of the Navajo Nation.
       (18) Navajo-gallup water supply project; project.--The term 
     ``Navajo-Gallup Water Supply Project'' or ``Project'' means 
     the Navajo-Gallup Water Supply Project authorized under 
     section 10602(a), as described as the preferred alternative 
     in the Draft Impact Statement.
       (19) Navajo indian irrigation project.--The term ``Navajo 
     Indian Irrigation Project'' means the Navajo Indian 
     irrigation project authorized by section 2 of Public Law 87-
     483 (76 Stat. 96).
       (20) Navajo reservoir.--The term ``Navajo Reservoir'' means 
     the reservoir created by the impoundment of the San Juan 
     River at Navajo Dam, as authorized by the Act of April 11, 
     1956 (commonly known as the ``Colorado River Storage Project 
     Act'') (43 U.S.C. 620 et seq.).
       (21) Navajo nation municipal pipeline; pipeline.--The term 
     ``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means 
     the pipeline used to convey the water of the Animas-La Plata 
     Project of the Navajo Nation from the City of Farmington, New 
     Mexico, to communities of the Navajo Nation located in close 
     proximity to the San Juan River Valley in the State of New 
     Mexico (including the City of Shiprock), as authorized by 
     section 15(b) of the Colorado Ute Indian Water Rights 
     Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973; 
     114 Stat. 2763A-263).
       (22) Non-navajo irrigation districts.--The term ``Non-
     Navajo Irrigation Districts'' means--
       (A) the Hammond Conservancy District;
       (B) the Bloomfield Irrigation District; and
       (C) any other community ditch organization in the San Juan 
     River basin in the State of New Mexico.
       (23) Partial final decree.--The term ``Partial Final 
     Decree'' means a final and binding judgment and decree 
     entered by a court in the stream adjudication, setting forth 
     the rights of the Nation to use and administer waters of the 
     San Juan River Basin in New Mexico, as set forth in Appendix 
     1 of the Agreement.
       (24) Project participants.--The term ``Project 
     Participants'' means the City, the Nation, and the Jicarilla 
     Apache Nation.
       (25) San juan river basin recovery implementation 
     program.--The term ``San Juan River Basin Recovery 
     Implementation Program'' means the intergovernmental program 
     established pursuant to the cooperative agreement dated 
     October 21, 1992 (including any amendments to the program).
       (26) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation or any other designee.
       (27) Stream adjudication.--The term ``stream adjudication'' 
     means the general stream adjudication that is the subject of 
     New Mexico v. United States, et al., No. 75-185 (11th Jud. 
     Dist., San Juan County, New Mexico) (involving claims to 
     waters of the San Juan River and the tributaries of that 
     river).
       (28) Supplemental partial final decree.--The term 
     ``Supplemental Partial Final Decree'' means a final and 
     binding judgment and decree entered by a court in the stream 
     adjudication, setting forth certain water rights of the 
     Nation, as set forth in Appendix 2 of the Agreement.
       (29) Trust fund.--The term ``Trust Fund'' means the Navajo 
     Nation Water Resources Development Trust Fund established by 
     section 10702(a).
       (30) Upper basin.--The term ``Upper Basin'' has the same 
     meaning given the term in Article II(f) of the Colorado River 
     Compact.

     SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS.

       (a) Effect of Execution of Agreement.--The execution of the 
     Agreement under section 10701(a)(2) shall not constitute a 
     major Federal action under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Compliance With Environmental Laws.--In carrying out 
     this subtitle, the Secretary shall comply with each law of 
     the Federal Government relating to the protection of the 
     environment, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 10304. NO REALLOCATION OF COSTS.

       (a) Effect of Act.--Notwithstanding any other provision of 
     law, the Secretary shall not reallocate or reassign any costs 
     of projects that have been authorized under the Act of April 
     11, 1956 (commonly known as the ``Colorado River Storage 
     Project Act'') (43 U.S.C. 620 et seq.), as of the date of 
     enactment of this Act because of--
       (1) the authorization of the Navajo-Gallup Water Supply 
     Project under this subtitle; or
       (2) the changes in the uses of the water diverted by the 
     Navajo Indian Irrigation Project or the waters stored in the 
     Navajo Reservoir authorized under this subtitle.
       (b) Use of Power Revenues.--Notwithstanding any other 
     provision of law, no power revenues under the Act of April 
     11, 1956 (commonly known as the ``Colorado River Storage 
     Project Act'') (43 U.S.C. 620 et seq.), shall be used to pay 
     or reimburse any costs of the Navajo Indian Irrigation 
     Project or Navajo-Gallup Water Supply Project.

     SEC. 10305. INTEREST RATE.

       Notwithstanding any other provision of law, the interest 
     rate applicable to any repayment contract entered into under 
     section 10604 shall be equal to the discount rate for Federal 
     water resources planning, as determined by the Secretary.

PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC 
                               LAW 87-483

     SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT 
                   ACT.

       (a) Participating Projects.--Paragraph (2) of the first 
     section of the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620(2)) is 
     amended by inserting ``the Navajo-Gallup Water Supply 
     Project,'' after ``Fruitland Mesa,''.
       (b) Navajo Reservoir Water Bank.--The Act of April 11, 1956 
     (commonly known as the ``Colorado River Storage Project 
     Act'') is amended--
       (1) by redesignating section 16 (43 U.S.C. 620o) as section 
     17; and
       (2) by inserting after section 15 (43 U.S.C. 620n) the 
     following:
       ``Sec. 16. (a) The Secretary of the Interior may create and 
     operate within the available capacity of Navajo Reservoir a 
     top water bank.
       ``(b) Water made available for the top water bank in 
     accordance with subsections (c) and (d) shall not be subject 
     to section 11 of Public Law 87-483 (76 Stat. 99).
       ``(c) The top water bank authorized under subsection (a) 
     shall be operated in a manner that--
       ``(1) is consistent with applicable law, except that, 
     notwithstanding any other provision of law, water for 
     purposes other than irrigation may be stored in the Navajo 
     Reservoir pursuant to the rules governing the top water bank 
     established under this section; and
       ``(2) does not impair the ability of the Secretary of the 
     Interior to deliver water under contracts entered into 
     under--
       ``(A) Public Law 87-483 (76 Stat. 96); and
       ``(B) New Mexico State Engineer File Nos. 2847, 2848, 2849, 
     and 2917.
       ``(d)(1) The Secretary of the Interior, in cooperation with 
     the State of New Mexico (acting through the Interstate Stream 
     Commission), shall develop any terms and procedures for the 
     storage, accounting, and release of water in the top water 
     bank that are necessary to comply with subsection (c).
       ``(2) The terms and procedures developed under paragraph 
     (1) shall include provisions requiring that--
       ``(A) the storage of banked water shall be subject to 
     approval under State law by the New Mexico State Engineer to 
     ensure that impairment of any existing water right does not 
     occur, including storage of water under New Mexico State 
     Engineer File No. 2849;
       ``(B) water in the top water bank be subject to evaporation 
     and other losses during storage;
       ``(C) water in the top water bank be released for delivery 
     to the owner or assigns of the banked water on request of the 
     owner, subject to reasonable scheduling requirements for 
     making the release;
       ``(D) water in the top water bank be the first water 
     spilled or released for flood control purposes in 
     anticipation of a spill, on the condition that top water bank 
     water shall not be released or included for purposes of 
     calculating whether a release should occur for purposes of 
     satisfying the flow recommendations of the San Juan River 
     Basin Recovery Implementation Program; and
       ``(E) water eligible for banking in the top water bank 
     shall be water that otherwise would have been diverted and 
     beneficially used in New Mexico that year.
       ``(e) The Secretary of the Interior may charge fees to 
     water users that use the top water bank in amounts sufficient 
     to cover the costs incurred by the United States in 
     administering the water bank.''.

     SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.

       (a) Navajo Indian Irrigation Project.--Public Law 87-483 
     (76 Stat. 96) is amended by striking section 2 and inserting 
     the following:
       ``Sec. 2. (a) In accordance with the Act of April 11, 1956 
     (commonly known as the `Colorado River Storage Project Act') 
     (43 U.S.C. 620 et seq.), the Secretary of the Interior is 
     authorized to construct, operate, and maintain the Navajo 
     Indian Irrigation Project to provide irrigation water to a 
     service area of not more than 110,630 acres of land.
       ``(b)(1) Subject to paragraph (2), the average annual 
     diversion by the Navajo Indian Irrigation Project from the 
     Navajo Reservoir over any consecutive 10-year period shall be 
     the lesser of--
       ``(A) 508,000 acre-feet per year; or
       ``(B) the quantity of water necessary to supply an average 
     depletion of 270,000 acre-feet per year.
       ``(2) The quantity of water diverted for any 1 year shall 
     not exceed the average annual diversion determined under 
     paragraph (1) by more than 15 percent.
       ``(c) In addition to being used for irrigation, the water 
     diverted by the Navajo Indian Irrigation Project under 
     subsection (b) may be used within the area served by Navajo 
     Indian Irrigation Project facilities for the following 
     purposes:
       ``(1) Aquaculture purposes, including the rearing of fish 
     in support of the San Juan River Basin Recovery 
     Implementation Program authorized by Public Law 106-392 (114 
     Stat. 1602).
       ``(2) Domestic, industrial, or commercial purposes relating 
     to agricultural production and processing.

[[Page S9829]]

       ``(3)(A) The generation of hydroelectric power as an 
     incident to the diversion of water by the Navajo Indian 
     Irrigation Project for authorized purposes.
       ``(B) Notwithstanding any other provision of law--
       ``(i) any hydroelectric power generated under this 
     paragraph shall be used or marketed by the Navajo Nation;
       ``(ii) the Navajo Nation shall retain any revenues from the 
     sale of the hydroelectric power; and
       ``(iii) the United States shall have no trust obligation to 
     monitor, administer, or account for the revenues received by 
     the Navajo Nation, or the expenditure of the revenues.
       ``(4) The implementation of the alternate water source 
     provisions described in subparagraph 9.2 of the agreement 
     executed under section 10701(a)(2) of the Northwestern New 
     Mexico Rural Water Projects Act.
       ``(d) The Navajo Indian Irrigation Project water diverted 
     under subsection (b) may be transferred to areas located 
     within or outside the area served by Navajo Indian Irrigation 
     Project facilities, and within or outside the boundaries of 
     the Navajo Nation, for any beneficial use in accordance 
     with--
       ``(1) the agreement executed under section 10701(a)(2) of 
     the Northwestern New Mexico Rural Water Projects Act;
       ``(2) the contract executed under section 10604(a)(2)(B) of 
     that Act; and
       ``(3) any other applicable law.
       ``(e) The Secretary may use the capacity of the Navajo 
     Indian Irrigation Project works to convey water supplies 
     for--
       ``(1) the Navajo-Gallup Water Supply Project under section 
     10602 of the Northwestern New Mexico Rural Water Projects 
     Act; or
       ``(2) other nonirrigation purposes authorized under 
     subsection (c) or (d).
       ``(f)(1) Repayment of the costs of construction of the 
     project (as authorized in subsection (a)) shall be in 
     accordance with the Act of April 11, 1956 (commonly known as 
     the `Colorado River Storage Project Act') (43 U.S.C. 620 et 
     seq.), including section 4(d) of that Act.
       ``(2) The Secretary shall not reallocate, or require 
     repayment of, construction costs of the Navajo Indian 
     Irrigation Project because of the conveyance of water 
     supplies for nonirrigation purposes under subsection (e).''.
       (b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-
     483 (76 Stat. 100) is amended by adding at the end the 
     following:
       ``(d)(1) For purposes of implementing in a year of 
     prospective shortage the water allocation procedures 
     established by subsection (a), the Secretary of the Interior 
     shall determine the quantity of any shortages and the 
     appropriate apportionment of water using the normal diversion 
     requirements on the flow of the San Juan River originating 
     above Navajo Dam based on the following criteria:
       ``(A) The quantity of diversion or water delivery for the 
     current year anticipated to be necessary to irrigate land in 
     accordance with cropping plans prepared by contractors.
       ``(B) The annual diversion or water delivery demands for 
     the current year anticipated for non-irrigation uses under 
     water delivery contracts, including contracts authorized by 
     the Northwestern New Mexico Rural Water Projects Act, but 
     excluding any current demand for surface water for placement 
     into aquifer storage for future recovery and use.
       ``(C) An annual normal diversion demand of 135,000 acre-
     feet for the initial stage of the San Juan-Chama Project 
     authorized by section 8, which shall be the amount to which 
     any shortage is applied.
       ``(2) The Secretary shall not include in the normal 
     diversion requirements--
       ``(A) the quantity of water that reliably can be 
     anticipated to be diverted or delivered under a contract from 
     inflows to the San Juan River arising below Navajo Dam under 
     New Mexico State Engineer File No. 3215; or
       ``(B) the quantity of water anticipated to be supplied 
     through reuse.
       ``(e)(1) If the Secretary determines that there is a 
     shortage of water under subsection (a), the Secretary shall 
     respond to the shortage in the Navajo Reservoir water supply 
     by curtailing releases and deliveries in the following order:
       ``(A) The demand for delivery for uses in the State of 
     Arizona under the Navajo-Gallup Water Supply Project 
     authorized by section 10603 of the Northwestern New Mexico 
     Rural Water Projects Act, excluding the quantity of water 
     anticipated to be diverted for the uses from inflows to the 
     San Juan River that arise below Navajo Dam in accordance with 
     New Mexico State Engineer File No. 3215.
       ``(B) The demand for delivery for uses allocated under 
     paragraph 8.2 of the agreement executed under section 
     10701(a)(2) of the Northwestern New Mexico Rural Water 
     Projects Act, excluding the quantity of water anticipated to 
     be diverted for such uses under State Engineer File No. 3215.
       ``(C) The uses in the State of New Mexico that are 
     determined under subsection (d), in accordance with the 
     procedure for apportioning the water supply under subsection 
     (a).
       ``(2) For any year for which the Secretary determines and 
     responds to a shortage in the Navajo Reservoir water supply, 
     the Secretary shall not deliver, and contractors of the water 
     supply shall not divert, any of the water supply for 
     placement into aquifer storage for future recovery and use.
       ``(3) To determine the occurrence and amount of any 
     shortage to contracts entered into under this section, the 
     Secretary shall not include as available storage any water 
     stored in a top water bank in Navajo Reservoir established 
     under section 16(a) of the Act of April 11, 1956 (commonly 
     known as the `Colorado River Storage Project Act').
       ``(f) The Secretary of the Interior shall apportion water 
     under subsections (a), (d), and (e) on an annual volume 
     basis.
       ``(g) The Secretary of the Interior may revise a 
     determination of shortages, apportionments, or allocations of 
     water under subsections (a), (d), and (e) on the basis of 
     information relating to water supply conditions that was not 
     available at the time at which the determination was made.
       ``(h) Nothing in this section prohibits the distribution of 
     water in accordance with cooperative water agreements between 
     water users providing for a sharing of water supplies.
       ``(i) Diversions under New Mexico State Engineer File No. 
     3215 shall be distributed, to the maximum extent water is 
     available, in proportionate amounts to the diversion demands 
     of contractors and subcontractors of the Navajo Reservoir 
     water supply that are diverting water below Navajo Dam.''.

     SEC. 10403. EFFECT ON FEDERAL WATER LAW.

       Unless expressly provided in this subtitle, nothing in this 
     subtitle modifies, conflicts with, preempts, or otherwise 
     affects--
       (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (2) the Boulder Canyon Project Adjustment Act (54 Stat. 
     774, chapter 643);
       (3) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (4) the Act of September 30, 1968 (commonly known as the 
     ``Colorado River Basin Project Act'') (82 Stat. 885);
       (5) Public Law 87-483 (76 Stat. 96);
       (6) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (7) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
       (8) the Compact;
       (9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
       (10) the Jicarilla Apache Tribe Water Rights Settlement Act 
     (106 Stat. 2237); or
       (11) section 205 of the Energy and Water Development 
     Appropriations Act, 2005 (118 Stat. 2949).

              PART II--RECLAMATION WATER SETTLEMENTS FUND

     SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Reclamation 
     Water Settlements Fund'', consisting of--
       (1) such amounts as are deposited to the Fund under 
     subsection (b); and
       (2) any interest earned on investment of amounts in the 
     Fund under subsection (d).
       (b) Deposits to Fund.--
       (1) In general.--For each of fiscal years 2019 through 
     2028, the Secretary of the Treasury shall deposit in the 
     Fund, if available, $120,000,000 of the revenues that would 
     otherwise be deposited for the fiscal year in the fund 
     established by the first section of the Act of June 17, 1902 
     (32 Stat. 388, chapter 1093).
       (2) Availability of amounts.--Amounts deposited in the Fund 
     under paragraph (1) shall be made available pursuant to this 
     section--
       (A) without further appropriation; and
       (B) in addition to amounts appropriated pursuant to any 
     authorization contained in any other provision of law.
       (c) Expenditures From Fund.--
       (1) In general.--
       (A) Expenditures.--Subject to subparagraph (B), for each of 
     fiscal years 2019 through 2033, the Secretary may expend from 
     the Fund an amount not to exceed $120,000,000, plus the 
     interest accrued in the Fund, for the fiscal year in which 
     expenditures are made pursuant to paragraphs (2) and (3).
       (B) Additional expenditures.--The Secretary may expend more 
     than $120,000,000 for any fiscal year if such amounts are 
     available in the Fund due to expenditures not reaching 
     $120,000,000 for prior fiscal years.
       (2) Authority.--The Secretary may expend money from the 
     Fund to implement a settlement agreement approved by Congress 
     that resolves, in whole or in part, litigation involving the 
     United States, if the settlement agreement or implementing 
     legislation requires the Bureau of Reclamation to provide 
     financial assistance for, or plan, design, and construct--
       (A) water supply infrastructure; or
       (B) a project--
       (i) to rehabilitate a water delivery system to conserve 
     water; or
       (ii) to restore fish and wildlife habitat or otherwise 
     improve environmental conditions associated with or affected 
     by, or located within the same river basin as, a Federal 
     reclamation project that is in existence on the date of 
     enactment of this Act.
       (3) Use for completion of project and other settlements.--
       (A) Priorities.--
       (i) First priority.--

       (I) In general.--The first priority for expenditure of 
     amounts in the Fund during the entire period in which the 
     Fund is in existence shall be for the purposes described in, 
     and in the order of, clauses (i) through (iv) of subparagraph 
     (B).

[[Page S9830]]

       (II) Reserved amounts.--The Secretary shall reserve and use 
     amounts deposited into the Fund in accordance with subclause 
     (I).

       (ii) Other purposes.--Any amounts in the Fund that are not 
     needed for the purposes described in subparagraph (B) may be 
     used for other purposes authorized in paragraph (2).
       (B) Completion of project.--
       (i) Navajo-gallup water supply project.--

       (I) In general.--Subject to subclause (II), effective 
     beginning January 1, 2019, if, in the judgment of the 
     Secretary on an annual basis the deadline described in 
     section 10701(f)(1)(A)(ix) is unlikely to be met because a 
     sufficient amount of funding is not otherwise available 
     through appropriations made available pursuant to section 
     10609(a), the Secretary shall expend from the Fund such 
     amounts on an annual basis consistent with paragraphs (1) and 
     (2), as are necessary to pay the Federal share of the costs, 
     and substantially complete as expeditiously as practicable, 
     the construction of the water supply infrastructure 
     authorized as part of the Project.
       (II) Maximum amount.--

       (aa) In general.--Except as provided under item (bb), the 
     amount expended under subclause (I) shall not exceed 
     $500,000,000 for the period of fiscal years 2019 through 
     2028.
       (bb) Exception.--The limitation on the expenditure amount 
     under item (aa) may be exceeded during the entire period in 
     which the Fund is in existence if such additional funds can 
     be expended without limiting the amounts identified in 
     clauses (ii) through (iv).
       (ii) Other new mexico settlements.--

       (I) In general.--Subject to subclause (II), effective 
     beginning January 1, 2019, in addition to the funding made 
     available under clause (i), if in the judgment of the 
     Secretary on an annual basis a sufficient amount of funding 
     is not otherwise available through annual appropriations, the 
     Secretary shall expend from the Fund such amounts on an 
     annual basis consistent with paragraphs (1) and (2), as are 
     necessary to pay the Federal share of the remaining costs of 
     implementing the Indian water rights settlement agreements 
     entered into by the State of New Mexico in the Aamodt 
     adjudication and the Abeyta adjudication, if such settlements 
     are subsequently approved and authorized by an Act of 
     Congress and the implementation period has not already 
     expired.
       (II) Maximum amount.--The amount expended under subclause 
     (I) shall not exceed $250,000,000.

       (iii) Montana settlements.--

       (I) In general.--Subject to subclause (II), effective 
     beginning January 1, 2019, in addition to funding made 
     available pursuant to clauses (i) and (ii), if in the 
     judgment of the Secretary on an annual basis a sufficient 
     amount of funding is not otherwise available through annual 
     appropriations, the Secretary shall expend from the Fund such 
     amounts on an annual basis consistent with paragraphs (1) and 
     (2), as are necessary to pay the Federal share of the 
     remaining costs of implementing Indian water rights 
     settlement agreements entered into by the State of Montana 
     with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre 
     and Assiniboine Tribes of the Fort Belknap Indian Reservation 
     in the judicial proceeding entitled ``In re the General 
     Adjudication of All the Rights to Use Surface and Groundwater 
     in the State of Montana'', if a settlement or settlements are 
     subsequently approved and authorized by an Act of Congress 
     and the implementation period has not already expired.
       (II) Maximum amount.--

       (aa) In general.--Except as provided under item (bb), the 
     amount expended under subclause (I) shall not exceed 
     $350,000,000 for the period of fiscal years 2019 through 
     2028.
       (bb) Exception.--The limitation on the expenditure amount 
     under item (aa) may be exceeded during the entire period in 
     which the Fund is in existence if such additional funds can 
     be expended without limiting the amounts identified in clause 
     (i), (ii), and (iv).
       (cc) Other funding.--The Secretary shall ensure that any 
     funding under this clause shall be provided in a manner that 
     does not limit the funding available pursuant to clauses (i) 
     and (ii).
       (iv) Arizona settlement.--

       (I) In general.--Subject to subclause (II), effective 
     beginning January 1, 2019, in addition to funding made 
     available pursuant to clauses (i), (ii), and (iii), if in the 
     judgment of the Secretary on an annual basis a sufficient 
     amount of funding is not otherwise available through annual 
     appropriations, the Secretary shall expend from the Fund such 
     amounts on an annual basis consistent with paragraphs (1) and 
     (2), as are necessary to pay the Federal share of the 
     remaining costs of implementing an Indian water rights 
     settlement agreement entered into by the State of Arizona 
     with the Navajo Nation to resolve the water rights claims of 
     the Nation in the Lower Colorado River basin in Arizona, if a 
     settlement is subsequently approved and authorized by an Act 
     of Congress and the implementation period has not already 
     expired.
       (II) Maximum amount.--

       (aa) In general.--Except as provided under item (bb), the 
     amount expended under subclause (I) shall not exceed 
     $100,000,000 for the period of fiscal years 2019 through 
     2028.
       (bb) Exception.--The limitation on the expenditure amount 
     under item (aa) may be exceeded during the entire period in 
     which the Fund is in existence if such additional funds can 
     be expended without limiting the amounts identified in 
     clauses (i) through (iii).
       (cc) Other funding.--The Secretary shall ensure that any 
     funding under this clause shall be provided in a manner that 
     does not limit the funding available pursuant to clauses (i) 
     and (ii).
       (C) Reversion.--If the settlements described in clauses 
     (ii) through (iv) of subparagraph (B) have not been approved 
     and authorized by an Act of Congress by December 31, 2018, 
     the amounts reserved for the settlements shall no longer be 
     reserved by the Secretary pursuant to subparagraph (A)(i) and 
     shall revert to the Fund for any authorized use, as 
     determined by the Secretary.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary shall invest such portion of 
     the Fund as is not, in the judgment of the Secretary, 
     required to meet current withdrawals.
       (2) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund.
       (e) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (f) Termination.--On September 30, 2033--
       (1) the Fund shall terminate; and
       (2) the unexpended and unobligated balance of the Fund 
     shall be transferred to the appropriate fund of the Treasury.

              PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT

     SEC. 10601. PURPOSES.

       The purposes of this part are--
       (1) to authorize the Secretary to construct, operate, and 
     maintain the Navajo-Gallup Water Supply Project;
       (2) to allocate the capacity of the Project among the 
     Nation, the City, and the Jicarilla Apache Nation; and
       (3) to authorize the Secretary to enter into Project 
     repayment contracts with the City and the Jicarilla Apache 
     Nation.

     SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY 
                   PROJECT.

       (a) In General.--The Secretary, acting through the 
     Commissioner of Reclamation, is authorized to design, 
     construct, operate, and maintain the Project in substantial 
     accordance with the preferred alternative in the Draft Impact 
     Statement.
       (b) Project Facilities.--To provide for the delivery of San 
     Juan River water to Project Participants, the Secretary may 
     construct, operate, and maintain the Project facilities 
     described in the preferred alternative in the Draft Impact 
     Statement, including:
       (1) A pumping plant on the San Juan River in the vicinity 
     of Kirtland, New Mexico.
       (2)(A) A main pipeline from the San Juan River near 
     Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, 
     New Mexico, which follows United States Highway 491.
       (B) Any pumping plants associated with the pipeline 
     authorized under subparagraph (A).
       (3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, 
     New Mexico, which follows United States Highway 550.
       (B) Any pumping plants associated with the pipeline 
     authorized under subparagraph (A).
       (4)(A) Lateral pipelines from the main pipelines to Nation 
     communities in the States of New Mexico and Arizona.
       (B) Any pumping plants associated with the pipelines 
     authorized under subparagraph (A).
       (5) Any water regulation, storage or treatment facility, 
     service connection to an existing public water supply system, 
     power substation, power distribution works, or other 
     appurtenant works (including a building or access road) that 
     is related to the Project facilities authorized by paragraphs 
     (1) through (4), including power transmission facilities and 
     associated wheeling services to connect Project facilities to 
     existing high-voltage transmission facilities and deliver 
     power to the Project.
       (c) Acquisition of Land.--
       (1) In general.--The Secretary is authorized to acquire any 
     land or interest in land that is necessary to construct, 
     operate, and maintain the Project facilities authorized under 
     subsection (b).
       (2) Land of the project participants.--As a condition of 
     construction of the facilities authorized under this part, 
     the Project Participants shall provide all land or interest 
     in land, as appropriate, that the Secretary identifies as 
     necessary for acquisition under this subsection at no cost to 
     the Secretary.
       (3) Limitation.--The Secretary may not condemn water rights 
     for purposes of the Project.
       (d) Conditions.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall not commence construction of the facilities 
     authorized under subsection (b) until such time as--
       (A) the Secretary executes the Agreement and the Contract;
       (B) the contracts authorized under section 10604 are 
     executed;
       (C) the Secretary--

[[Page S9831]]

       (i) completes an environmental impact statement for the 
     Project; and
       (ii) has issued a record of decision that provides for a 
     preferred alternative; and
       (D) the Secretary has entered into an agreement with the 
     State of New Mexico under which the State of New Mexico will 
     provide a share of the construction costs of the Project of 
     not less than $50,000,000, except that the State of New 
     Mexico shall receive credit for funds the State has 
     contributed to construct water conveyance facilities to the 
     Project Participants to the extent that the facilities reduce 
     the cost of the Project as estimated in the Draft Impact 
     Statement.
       (2) Exception.--If the Jicarilla Apache Nation elects not 
     to enter into a contract pursuant to section 10604, the 
     Secretary, after consulting with the Nation, the City, and 
     the State of New Mexico acting through the Interstate Stream 
     Commission, may make appropriate modifications to the scope 
     of the Project and proceed with Project construction if all 
     other conditions for construction have been satisfied.
       (3) Effect of indian self-determination and education 
     assistance act.--The Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the 
     design, construction, operation, maintenance, or replacement 
     of the Project.
       (e) Power.--The Secretary shall reserve, from existing 
     reservations of Colorado River Storage Project power for 
     Bureau of Reclamation projects, up to 26 megawatts of power 
     for use by the Project.
       (f) Conveyance of Title to Project Facilities.--
       (1) In general.--The Secretary is authorized to enter into 
     separate agreements with the City and the Nation and, on 
     entering into the agreements, shall convey title to each 
     Project facility or section of a Project facility authorized 
     under subsection (b) (including any appropriate interests in 
     land) to the City and the Nation after--
       (A) completion of construction of a Project facility or a 
     section of a Project facility that is operating and 
     delivering water; and
       (B) execution of a Project operations agreement approved by 
     the Secretary and the Project Participants that sets forth--
       (i) any terms and conditions that the Secretary determines 
     are necessary--

       (I) to ensure the continuation of the intended benefits of 
     the Project; and
       (II) to fulfill the purposes of this part;

       (ii) requirements acceptable to the Secretary and the 
     Project Participants for--

       (I) the distribution of water under the Project or section 
     of a Project facility; and
       (II) the allocation and payment of annual operation, 
     maintenance, and replacement costs of the Project or section 
     of a Project facility based on the proportionate uses of 
     Project facilities; and

       (iii) conditions and requirements acceptable to the 
     Secretary and the Project Participants for operating and 
     maintaining each Project facility on completion of the 
     conveyance of title, including the requirement that the City 
     and the Nation shall--

       (I) comply with--

       (aa) the Compact; and
       (bb) other applicable law; and

       (II) be responsible for--

       (aa) the operation, maintenance, and replacement of each 
     Project facility; and
       (bb) the accounting and management of water conveyance and 
     Project finances, as necessary to administer and fulfill the 
     conditions of the Contract executed under section 
     10604(a)(2)(B).
       (2) Effect of conveyance.--The conveyance of title to each 
     Project facility shall not affect the application of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     relating to the use of the water associated with the Project.
       (3) Liability.--
       (A) In general.--Effective on the date of the conveyance 
     authorized by this subsection, 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 land, 
     buildings, or facilities conveyed under this subsection, 
     other than damages caused by acts of negligence committed by 
     the United States, or by employees or agents of the United 
     States, prior to the date of conveyance.
       (B) Tort claims.--Nothing in this section increases the 
     liability of the United States beyond the liability provided 
     in chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act'').
       (4) Notice of proposed conveyance.--Not later than 45 days 
     before the date of a proposed conveyance of title to any 
     Project facility, the Secretary shall submit to the Committee 
     on Resources of the House of Representatives and to the 
     Committee on Energy and Natural Resources of the Senate 
     notice of the conveyance of each Project facility.
       (g) Colorado River Storage Project Power.--The conveyance 
     of Project facilities under subsection (f) shall not affect 
     the availability of Colorado River Storage Project power to 
     the Project under subsection (e).
       (h) Regional Use of Project Facilities.--
       (1) In general.--Subject to paragraph (2), Project 
     facilities constructed under subsection (b) may be used to 
     treat and convey non-Project water or water that is not 
     allocated by subsection 10603(b) if--
       (A) capacity is available without impairing any water 
     delivery to a Project Participant; and
       (B) the unallocated or non-Project water beneficiary--
       (i) has the right to use the water;
       (ii) agrees to pay the operation, maintenance, and 
     replacement costs assignable to the beneficiary for the use 
     of the Project facilities; and
       (iii) agrees to pay an appropriate fee that may be 
     established by the Secretary to assist in the recovery of any 
     capital cost allocable to that use.
       (2) Effect of payments.--Any payments to the United States 
     or the Nation for the use of unused capacity under this 
     subsection or for water under any subcontract with the Nation 
     or the Jicarilla Apache Nation shall not alter the 
     construction repayment requirements or the operation, 
     maintenance, and replacement payment requirements of the 
     Project Participants.

     SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY 
                   PROJECT WATER.

       (a) Use of Project Water.--
       (1) In general.--In accordance with this subtitle and other 
     applicable law, water supply from the Project shall be used 
     for municipal, industrial, commercial, domestic, and stock 
     watering purposes.
       (2) Use on certain land.--
       (A) In general.--Subject to subparagraph (B), the Nation 
     may use Project water allocations on--
       (i) land held by the United States in trust for the Nation 
     and members of the Nation; and
       (ii) land held in fee by the Nation.
       (B) Transfer.--The Nation may transfer the purposes and 
     places of use of the allocated water in accordance with the 
     Agreement and applicable law.
       (3) Hydroelectric power.--
       (A) In general.--Hydroelectric power may be generated as an 
     incident to the delivery of Project water for authorized 
     purposes under paragraph (1).
       (B) Administration.--Notwithstanding any other provision of 
     law--
       (i) any hydroelectric power generated under this paragraph 
     shall be used or marketed by the Nation;
       (ii) the Nation shall retain any revenues from the sale of 
     the hydroelectric power; and
       (iii) the United States shall have no trust obligation or 
     other obligation to monitor, administer, or account for the 
     revenues received by the Nation, or the expenditure of the 
     revenues.
       (4) Storage.--
       (A) In general.--Subject to subparagraph (B), any water 
     contracted for delivery under paragraph (1) that is not 
     needed for current water demands or uses may be delivered by 
     the Project for placement in underground storage in the State 
     of New Mexico for future recovery and use.
       (B) State approval.--Delivery of water under subparagraph 
     (A) is subject to--
       (i) approval by the State of New Mexico under applicable 
     provisions of State law relating to aquifer storage and 
     recovery; and
       (ii) the provisions of the Agreement and this subtitle.
       (b) Project Water and Capacity Allocations.--
       (1) Diversion.--Subject to availability and consistent with 
     Federal and State law, the Project may divert from the Navajo 
     Reservoir and the San Juan River a quantity of water to be 
     allocated and used consistent with the Agreement and this 
     subtitle, that does not exceed in any 1 year, the lesser of--
       (A) 37,760 acre-feet of water; or
       (B) the quantity of water necessary to supply a depletion 
     from the San Juan River of 35,890 acre-feet.
       (2) Project delivery capacity allocations.--
       (A) In general.--The capacity of the Project shall be 
     allocated to the Project Participants in accordance with 
     subparagraphs (B) through (E), other provisions of this 
     subtitle, and other applicable law.
       (B) Delivery capacity allocation to the city.--The Project 
     may deliver at the point of diversion from the San Juan River 
     not more than 7,500 acre-feet of water in any 1 year for 
     which the City has secured rights for the use of the City.
       (C) Delivery capacity allocation to navajo nation 
     communities in new mexico.--For use by the Nation in the 
     State of New Mexico, the Project may deliver water out of the 
     water rights held by the Secretary for the Nation and 
     confirmed under this subtitle, at the points of diversion 
     from the San Juan River or at Navajo Reservoir in any 1 year, 
     the lesser of--
       (i) 22,650 acre-feet of water; or
       (ii) the quantity of water necessary to supply a depletion 
     from the San Juan River of 20,780 acre-feet of water.
       (D) Delivery capacity allocation to navajo nation 
     communities in arizona.--Subject to subsection (c), the 
     Project may deliver at the point of diversion from the San 
     Juan River not more than 6,411 acre-feet of water in any 1 
     year for use by the Nation in the State of Arizona.
       (E) Delivery capacity allocation to jicarilla apache 
     nation.--The Project may deliver at Navajo Reservoir not more 
     than 1,200 acre-feet of water in any 1 year of the water 
     rights of the Jicarilla Apache Nation, held by the Secretary 
     and confirmed by the Jicarilla Apache Tribe Water Rights 
     Settlement Act (Public Law 102-441; 106 Stat. 2237), for use 
     by the Jicarilla Apache Nation in the southern portion of the 
     Jicarilla Apache Nation Reservation in the State of New 
     Mexico.
       (3) Use in excess of delivery capacity allocation 
     quantity.--Notwithstanding each

[[Page S9832]]

     delivery capacity allocation quantity limit described in 
     subparagraphs (B), (C), and (E) of paragraph (2), the 
     Secretary may authorize a Project Participant to exceed the 
     delivery capacity allocation quantity limit of that Project 
     Participant if--
       (A) delivery capacity is available without impairing any 
     water delivery to any other Project Participant; and
       (B) the Project Participant benefitting from the increased 
     allocation of delivery capacity--
       (i) has the right under applicable law to use the 
     additional water;
       (ii) agrees to pay the operation, maintenance, and 
     replacement costs relating to the additional use of any 
     Project facility; and
       (iii) agrees, if the Project title is held by the 
     Secretary, to pay a fee established by the Secretary to 
     assist in recovering capital costs relating to that 
     additional use.
       (c) Conditions for Use in Arizona.--
       (1) Requirements.--Project water shall not be delivered for 
     use by any community of the Nation located in the State of 
     Arizona under subsection (b)(2)(D) until--
       (A) the Nation and the State of Arizona have entered into a 
     water rights settlement agreement approved by an Act of 
     Congress that settles and waives the Nation's claims to water 
     in the Lower Basin and the Little Colorado River Basin in the 
     State of Arizona, including those of the United States on the 
     Nation's behalf; and
       (B) the Secretary and the Navajo Nation have entered into a 
     Navajo Reservoir water supply delivery contract for the 
     physical delivery and diversion of water via the Project from 
     the San Juan River system to supply uses in the State of 
     Arizona.
       (2) Accounting of uses in arizona.--
       (A) In general.--Pursuant to paragraph (1) and 
     notwithstanding any other provision of law, water may be 
     diverted by the Project from the San Juan River in the State 
     of New Mexico in accordance with an appropriate permit issued 
     under New Mexico law for use in the State of Arizona within 
     the Navajo Reservation in the Lower Basin; provided that any 
     depletion of water that results from the diversion of water 
     by the Project from the San Juan River in the State of New 
     Mexico for uses within the State of Arizona (including 
     depletion incidental to the diversion, impounding, or 
     conveyance of water in the State of New Mexico for uses in 
     the State of Arizona) shall be administered and accounted for 
     as either--
       (i) a part of, and charged against, the available 
     consumptive use apportionment made to the State of Arizona by 
     Article III(a) of the Compact and to the Upper Basin by 
     Article III(a) of the Colorado River Compact, in which case 
     any water so diverted by the Project into the Lower Basin for 
     use within the State of Arizona shall not be credited as 
     water reaching Lee Ferry pursuant to Article III(c) and 
     III(d) of the Colorado River Compact; or
       (ii) subject to subparagraph (B), a part of, and charged 
     against, the consumptive use apportionment made to the Lower 
     Basin by Article III(a) of the Colorado River Compact, in 
     which case it shall--

       (I) be a part of the Colorado River water that is 
     apportioned to the State of Arizona in Article II(B) of the 
     Consolidated Decree of the Supreme Court of the United States 
     in Arizona v. California (547 U.S. 150) (as may be amended or 
     supplemented);
       (II) be credited as water reaching Lee Ferry pursuant to 
     Article III(c) and III(d) of the Colorado River Compact; and
       (III) be accounted as the water identified in section 
     104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118 
     Stat. 3478);

       (B) Limitation.--Notwithstanding subparagraph (B), no water 
     diverted by the Project shall be accounted for pursuant to 
     subparagraph (B) until such time that--
       (i) the Secretary has developed and, as necessary and 
     appropriate, modified, in consultation with the Upper 
     Colorado River Commission and the Governors' Representatives 
     on Colorado River Operations from each State signatory to the 
     Colorado River Compact, all operational and decisional 
     criteria, policies, contracts, guidelines or other documents 
     that control the operations of the Colorado River System 
     reservoirs and diversion works, so as to adjust, account for, 
     and offset the diversion of water apportioned to the State of 
     Arizona, pursuant to the Boulder Canyon Project Act (43 
     U.S.C. 617 et seq.), from a point of diversion on the San 
     Juan River in New Mexico; provided that all such 
     modifications shall be consistent with the provisions of this 
     Section, and the modifications made pursuant to this clause 
     shall be applicable only for the duration of any such 
     diversions pursuant to section 10603(c)(2)(B); and
       (ii) Article II(B) of the Decree of the Supreme Court of 
     the United States in Arizona v. California (547 U.S. 150 as 
     may be amended or supplemented) is administered so that 
     diversions from the main stream for the Central Arizona 
     Project, as served under existing contracts with the United 
     States by diversion works heretofore constructed, shall be 
     limited and reduced to offset any diversions made pursuant to 
     section 10603(c)(2)(B) of this Act. This clause shall not 
     affect, in any manner, the amount of water apportioned to 
     Arizona pursuant to the Boulder Canyon Project Act (43 U.S.C. 
     617 et seq.), or amend any provisions of said decree or the 
     Colorado River Basin Project Act (43 U.S.C. 1501 et. seq.).
       (3) Upper basin protections.--
       (A) Consultations.--Henceforth, in any consultation 
     pursuant to 16 U.S.C. 1536(a) with respect to water 
     development in the San Juan River Basin, the Secretary shall 
     confer with the States of Colorado and New Mexico, consistent 
     with the provisions of section 5 of the ``Principles for 
     Conducting Endangered Species Act Section 7 Consultations on 
     Water Development and Water Management Activities Affecting 
     Endangered Fish Species in the San Juan River Basin'' as 
     adopted by the Coordination Committee, San Juan River Basin 
     Recovery Implementation Program, on June 19, 2001, and as may 
     be amended or modified.
       (B) Preservation of existing rights.--Rights to the 
     consumptive use of water available to the Upper Basin from 
     the Colorado River System under the Colorado River Compact 
     and the Compact shall not be reduced or prejudiced by any use 
     of water pursuant to subsection 10603(c). Nothing in this Act 
     shall be construed so as to impair, conflict with, or 
     otherwise change the duties and powers of the Upper Colorado 
     River Commission.
       (d) Forbearance.--
       (1) In general.--Subject to paragraphs (2) and (3), during 
     any year in which a shortage to the normal diversion 
     requirement for any use relating to the Project within the 
     State of Arizona occurs (as determined under section 11 of 
     Public Law 87-483 (76 Stat. 99)), the Nation may temporarily 
     forbear the delivery of the water supply of the Navajo 
     Reservoir for uses in the State of New Mexico under the 
     apportionments of water to the Navajo Indian Irrigation 
     Project and the normal diversion requirements of the Project 
     to allow an equivalent quantity of water to be delivered from 
     the Navajo Reservoir water supply for municipal and domestic 
     uses of the Nation in the State of Arizona under the Project.
       (2) Limitation of forbearance.--The Nation may forebear the 
     delivery of water under paragraph (1) of a quantity not 
     exceeding the quantity of the shortage to the normal 
     diversion requirement for any use relating to the Project 
     within the State of Arizona.
       (3) Effect.--The forbearance of the delivery of water under 
     paragraph (1) shall be subject to the requirements in 
     subsection (c).
       (e) Effect.--Nothing in this subtitle--
       (1) authorizes the marketing, leasing, or transfer of the 
     water supplies made available to the Nation under the 
     Contract to non-Navajo water users in States other than the 
     State of New Mexico; or
       (2) authorizes the forbearance of water uses in the State 
     of New Mexico to allow uses of water in other States other 
     than as authorized under subsection (d).
       (f) Colorado River Compacts.--Notwithstanding any other 
     provision of law--
       (1) water may be diverted by the Project from the San Juan 
     River in the State of New Mexico for use within New Mexico in 
     the lower basin, as that term is used in the Colorado River 
     Compact;
       (2) any water diverted under paragraph (1) shall be a part 
     of, and charged against, the consumptive use apportionment 
     made to the State of New Mexico by Article III(a) of the 
     Compact and to the upper basin by Article III(a) of the 
     Colorado River Compact; and
       (3) any water so diverted by the Project into the lower 
     basin within the State of New Mexico shall not be credited as 
     water reaching Lee Ferry pursuant to Articles III(c) and 
     III(d) of the Colorado River Compact.
       (g) Payment of Operation, Maintenance, and Replacement 
     Costs.--
       (1) In general.--The Secretary is authorized to pay the 
     operation, maintenance, and replacement costs of the Project 
     allocable to the Project Participants under section 10604 
     until the date on which the Secretary declares any section of 
     the Project to be substantially complete and delivery of 
     water generated by, and through, that section of the Project 
     can be made to a Project participant.
       (2) Project participant payments.--Beginning on the date 
     described in paragraph (1), each Project Participant shall 
     pay all allocated operation, maintenance, and replacement 
     costs for that substantially completed section of the 
     Project, in accordance with contracts entered into pursuant 
     to section 10604, except as provided in section 10604(f).
       (h) No Precedent.--Nothing in this Act shall be construed 
     as authorizing or establishing a precedent for any type of 
     transfer of Colorado River System water between the Upper 
     Basin and Lower Basin. Nor shall anything in this Act be 
     construed as expanding the Secretary's authority in the Upper 
     Basin.
       (i) Unique Situation.--Diversions by the Project consistent 
     with this section address critical tribal and non-Indian 
     water supply needs under unique circumstances, which include, 
     among other things--
       (1) the intent to benefit an American Indian tribe;
       (2) the Navajo Nation's location in both the Upper and 
     Lower Basin;
       (3) the intent to address critical Indian water needs in 
     the State of Arizona and Indian and non-Indian water needs in 
     the State of New Mexico,
       (4) the location of the Navajo Nation's capital city of 
     Window Rock in the State of Arizona in close proximity to the 
     border of the State of New Mexico and the pipeline route for 
     the Project;
       (5) the lack of other reasonable options available for 
     developing a firm, sustainable supply of municipal water for 
     the Navajo Nation at Window Rock in the State of Arizona; and

[[Page S9833]]

       (6) the limited volume of water to be diverted by the 
     Project to supply municipal uses in the Window Rock area in 
     the State of Arizona.
       (j) Consensus.--Congress notes the consensus of the 
     Governors' Representatives on Colorado River Operations of 
     the States that are signatory to the Colorado River Compact 
     regarding the diversions authorized for the Project under 
     this section.
       (k) Efficient Use.--The diversions and uses authorized for 
     the Project under this Section represent unique and efficient 
     uses of Colorado River apportionments in a manner that 
     Congress has determined would be consistent with the 
     obligations of the United States to the Navajo Nation.

     SEC. 10604. PROJECT CONTRACTS.

       (a) Navajo Nation Contract.--
       (1) Hydrologic determination.--Congress recognizes that the 
     Hydrologic Determination necessary to support approval of the 
     Contract has been completed.
       (2) Contract approval.--
       (A) Approval.--
       (i) In general.--Except to the extent that any provision of 
     the Contract conflicts with this subtitle, Congress approves, 
     ratifies, and confirms the Contract.
       (ii) Amendments.--To the extent any amendment is executed 
     to make the Contract consistent with this subtitle, that 
     amendment is authorized, ratified, and confirmed.
       (B) Execution of contract.--The Secretary, acting on behalf 
     of the United States, shall enter into the Contract to the 
     extent that the Contract does not conflict with this subtitle 
     (including any amendment that is required to make the 
     Contract consistent with this subtitle).
       (3) Nonreimbursability of allocated costs.--The following 
     costs shall be nonreimbursable and not subject to repayment 
     by the Nation or any other Project beneficiary:
       (A) Any share of the construction costs of the Nation 
     relating to the Project authorized by section 10602(a).
       (B) Any costs relating to the construction of the Navajo 
     Indian Irrigation Project that may otherwise be allocable to 
     the Nation for use of any facility of the Navajo Indian 
     Irrigation Project to convey water to each Navajo community 
     under the Project.
       (C) Any costs relating to the construction of Navajo Dam 
     that may otherwise be allocable to the Nation for water 
     deliveries under the Contract.
       (4) Operation, maintenance, and replacement obligation.--
     Subject to subsection (f), the Contract shall include 
     provisions under which the Nation shall pay any costs 
     relating to the operation, maintenance, and replacement of 
     each facility of the Project that are allocable to the 
     Nation.
       (5) Limitation, cancellation, termination, and 
     rescission.--The Contract may be limited by a term of years, 
     canceled, terminated, or rescinded only by an Act of 
     Congress.
       (b) City of Gallup Contract.--
       (1) Contract authorization.--Consistent with this subtitle, 
     the Secretary is authorized to enter into a repayment 
     contract with the City that requires the City--
       (A) to repay, within a 50-year period, the share of the 
     construction costs of the City relating to the Project, with 
     interest as provided under section 10305; and
       (B) consistent with section 10603(g), to pay the operation, 
     maintenance, and replacement costs of the Project that are 
     allocable to the City.
       (2) Contract prepayment.--
       (A) In general.--The contract authorized under paragraph 
     (1) may allow the City to satisfy the repayment obligation of 
     the City for construction costs of the Project on the payment 
     of the share of the City prior to the initiation of 
     construction.
       (B) Amount.--The amount of the share of the City described 
     in subparagraph (A) shall be determined by agreement between 
     the Secretary and the City.
       (C) Repayment obligation.--Any repayment obligation 
     established by the Secretary and the City pursuant to 
     subparagraph (A) shall be subject to a final cost allocation 
     by the Secretary on project completion and to the limitations 
     set forth in paragraph (3).
       (3) Share of construction costs.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall determine the share of the construction costs of the 
     Project allocable to the City and establish the percentage of 
     the allocated construction costs that the City shall be 
     required to repay pursuant to the contract entered into under 
     paragraph (1), based on the ability of the City to pay.
       (B) Minimum percentage.--Notwithstanding subparagraph (A), 
     the repayment obligation of the City shall be at least 25 
     percent of the construction costs of the Project that are 
     allocable to the City, but shall in no event exceed 35 
     percent.
       (4) Excess construction costs.--Any construction costs of 
     the Project allocable to the City in excess of the repayment 
     obligation of the City, as determined under paragraph (3), 
     shall be nonreimbursable.
       (5) Grant funds.--A grant from any other Federal source 
     shall not be credited toward the amount required to be repaid 
     by the City under a repayment contract.
       (6) Title transfer.--If title is transferred to the City 
     prior to repayment under section 10602(f), the City shall be 
     required to provide assurances satisfactory to the Secretary 
     of fulfillment of the remaining repayment obligation of the 
     City.
       (7) Water delivery subcontract.--The Secretary shall not 
     enter into a contract under paragraph (1) with the City until 
     the City has secured a water supply for the City's portion of 
     the Project described in section 10603(b)(2)(B), by entering 
     into, as approved by the Secretary, a water delivery 
     subcontract for a period of not less than 40 years beginning 
     on the date on which the construction of any facility of the 
     Project serving the City is completed, with--
       (A) the Nation, as authorized by the Contract;
       (B) the Jicarilla Apache Nation, as authorized by the 
     settlement contract between the United States and the 
     Jicarilla Apache Tribe, authorized by the Jicarilla Apache 
     Tribe Water Rights Settlement Act (Public Law 102-441; 106 
     Stat. 2237); or
       (C) an acquired alternate source of water, subject to 
     approval of the Secretary and the State of New Mexico, acting 
     through the New Mexico Interstate Stream Commission and the 
     New Mexico State Engineer.
       (c) Jicarilla Apache Nation Contract.--
       (1) Contract authorization.--Consistent with this subtitle, 
     the Secretary is authorized to enter into a repayment 
     contract with the Jicarilla Apache Nation that requires the 
     Jicarilla Apache Nation--
       (A) to repay, within a 50-year period, the share of any 
     construction cost of the Jicarilla Apache Nation relating to 
     the Project, with interest as provided under section 10305; 
     and
       (B) consistent with section 10603(g), to pay the operation, 
     maintenance, and replacement costs of the Project that are 
     allocable to the Jicarilla Apache Nation.
       (2) Contract prepayment.--
       (A) In general.--The contract authorized under paragraph 
     (1) may allow the Jicarilla Apache Nation to satisfy the 
     repayment obligation of the Jicarilla Apache Nation for 
     construction costs of the Project on the payment of the share 
     of the Jicarilla Apache Nation prior to the initiation of 
     construction.
       (B) Amount.--The amount of the share of Jicarilla Apache 
     Nation described in subparagraph (A) shall be determined by 
     agreement between the Secretary and the Jicarilla Apache 
     Nation.
       (C) Repayment obligation.--Any repayment obligation 
     established by the Secretary and the Jicarilla Apache Nation 
     pursuant to subparagraph (A) shall be subject to a final cost 
     allocation by the Secretary on project completion and to the 
     limitations set forth in paragraph (3).
       (3) Share of construction costs.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall determine the share of the construction costs of the 
     Project allocable to the Jicarilla Apache Nation and 
     establish the percentage of the allocated construction costs 
     of the Jicarilla Apache Nation that the Jicarilla Apache 
     Nation shall be required to repay based on the ability of the 
     Jicarilla Apache Nation to pay.
       (B) Minimum percentage.--Notwithstanding subparagraph (A), 
     the repayment obligation of the Jicarilla Apache Nation shall 
     be at least 25 percent of the construction costs of the 
     Project that are allocable to the Jicarilla Apache Nation, 
     but shall in no event exceed 35 percent.
       (4) Excess construction costs.--Any construction costs of 
     the Project allocable to the Jicarilla Apache Nation in 
     excess of the repayment obligation of the Jicarilla Apache 
     Nation as determined under paragraph (3), shall be 
     nonreimbursable.
       (5) Grant funds.--A grant from any other Federal source 
     shall not be credited toward the share of the Jicarilla 
     Apache Nation of construction costs.
       (6) Navajo indian irrigation project costs.--The Jicarilla 
     Apache Nation shall have no obligation to repay any Navajo 
     Indian Irrigation Project construction costs that might 
     otherwise be allocable to the Jicarilla Apache Nation for use 
     of the Navajo Indian Irrigation Project facilities to convey 
     water to the Jicarilla Apache Nation, and any such costs 
     shall be nonreimbursable.
       (d) Capital Cost Allocations.--
       (1) In general.--For purposes of estimating the capital 
     repayment requirements of the Project Participants under this 
     section, the Secretary shall review and, as appropriate, 
     update the Draft Impact Statement allocating capital 
     construction costs for the Project.
       (2) Final cost allocation.--The repayment contracts entered 
     into with Project Participants under this section shall 
     require that the Secretary perform a final cost allocation 
     when construction of the Project is determined to be 
     substantially complete.
       (3) Repayment obligation.--The Secretary shall determine 
     the repayment obligation of the Project Participants based on 
     the final cost allocation identifying reimbursable and 
     nonreimbursable capital costs of the Project consistent with 
     this subtitle.
       (e) Operation, Maintenance, and Replacement Cost 
     Allocations.--For purposes of determining the operation, 
     maintenance, and replacement obligations of the Project 
     Participants under this section, the Secretary shall review 
     and, as appropriate, update the Draft Impact Statement that 
     allocates operation, maintenance, and replacement costs for 
     the Project.
       (f) Temporary Waivers of Payments.--
       (1) In general.--On the date on which the Secretary 
     declares a section of the Project to be substantially 
     complete and delivery of water generated by and through that 
     section of the Project can be made to the Nation, the 
     Secretary may waive, for a period of not

[[Page S9834]]

     more than 10 years, the operation, maintenance, and 
     replacement costs allocable to the Nation for that section of 
     the Project that the Secretary determines are in excess of 
     the ability of the Nation to pay.
       (2) Subsequent payment by nation.--After a waiver under 
     paragraph (1), the Nation shall pay all allocated operation, 
     maintenance, and replacement costs of that section of the 
     Project.
       (3) Payment by united states.--Any operation, maintenance, 
     or replacement costs waived by the Secretary under paragraph 
     (1) shall be paid by the United States and shall be 
     nonreimbursable.
       (4) Effect on contracts.--Failure of the Secretary to waive 
     costs under paragraph (1) because of a lack of availability 
     of Federal funding to pay the costs under paragraph (3) shall 
     not alter the obligations of the Nation or the United States 
     under a repayment contract.
       (5) Termination of authority.--The authority of the 
     Secretary to waive costs under paragraph (1) with respect to 
     a Project facility transferred to the Nation under section 
     10602(f) shall terminate on the date on which the Project 
     facility is transferred.
       (g) Project Construction Committee.--The Secretary shall 
     facilitate the formation of a project construction committee 
     with the Project Participants and the State of New Mexico--
       (1) to review cost factors and budgets for construction and 
     operation and maintenance activities;
       (2) to improve construction management through enhanced 
     communication; and
       (3) to seek additional ways to reduce overall Project 
     costs.

     SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.

       (a) Use of Navajo Nation Pipeline.--In addition to use of 
     the Navajo Nation Municipal Pipeline to convey the Animas-La 
     Plata Project water of the Nation, the Nation may use the 
     Navajo Nation Municipal Pipeline to convey non-Animas La 
     Plata Project water for municipal and industrial purposes.
       (b) Conveyance of Title to Pipeline.--
       (1) In general.--On completion of the Navajo Nation 
     Municipal Pipeline, the Secretary may enter into separate 
     agreements with the City of Farmington, New Mexico and the 
     Nation to convey title to each portion of the Navajo Nation 
     Municipal Pipeline facility or section of the Pipeline to the 
     City of Farmington and the Nation after execution of a 
     Project operations agreement approved by the Secretary, the 
     Nation, and the City of Farmington that sets forth any terms 
     and conditions that the Secretary determines are necessary.
       (2) Conveyance to the city of farmington or navajo 
     nation.--In conveying title to the Navajo Nation Municipal 
     Pipeline under this subsection, the Secretary shall convey--
       (A) to the City of Farmington, the facilities and any land 
     or interest in land acquired by the United States for the 
     construction, operation, and maintenance of the Pipeline that 
     are located within the corporate boundaries of the City; and
       (B) to the Nation, the facilities and any land or interests 
     in land acquired by the United States for the construction, 
     operation, and maintenance of the Pipeline that are located 
     outside the corporate boundaries of the City of Farmington.
       (3) Effect of conveyance.--The conveyance of title to the 
     Pipeline shall not affect the application of the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the 
     use of water associated with the Animas-La Plata Project.
       (4) Liability.--
       (A) In general.--Effective on the date of the conveyance 
     authorized by this subsection, 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 land, 
     buildings, or facilities conveyed under this subsection, 
     other than damages caused by acts of negligence committed by 
     the United States or by employees or agents of the United 
     States prior to the date of conveyance.
       (B) Tort claims.--Nothing in this subsection increases the 
     liability of the United States beyond the liability provided 
     under chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act'').
       (5) Notice of proposed conveyance.--Not later than 45 days 
     before the date of a proposed conveyance of title to the 
     Pipeline, 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, 
     notice of the conveyance of the Pipeline.

     SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.

       (a) Conjunctive Groundwater Development Plan.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Nation, in consultation with the Secretary, shall complete a 
     conjunctive groundwater development plan for the wells 
     described in subsections (b) and (c).
       (b) Wells in the San Juan River Basin.--In accordance with 
     the conjunctive groundwater development plan, the Secretary 
     may construct or rehabilitate wells and related pipeline 
     facilities to provide capacity for the diversion and 
     distribution of not more than 1,670 acre-feet of groundwater 
     in the San Juan River Basin in the State of New Mexico for 
     municipal and domestic uses.
       (c) Wells in the Little Colorado and Rio Grande Basins.--
       (1) In general.--In accordance with the Project and 
     conjunctive groundwater development plan for the Nation, the 
     Secretary may construct or rehabilitate wells and related 
     pipeline facilities to provide capacity for the diversion and 
     distribution of--
       (A) not more than 680 acre-feet of groundwater in the 
     Little Colorado River Basin in the State of New Mexico;
       (B) not more than 80 acre-feet of groundwater in the Rio 
     Grande Basin in the State of New Mexico; and
       (C) not more than 770 acre-feet of groundwater in the 
     Little Colorado River Basin in the State of Arizona.
       (2) Use.--Groundwater diverted and distributed under 
     paragraph (1) shall be used for municipal and domestic uses.
       (d) Acquisition of Land.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may acquire any land or interest in land that is 
     necessary for the construction, operation, and maintenance of 
     the wells and related pipeline facilities authorized under 
     subsections (b) and (c).
       (2) Limitation.--Nothing in this subsection authorizes the 
     Secretary to condemn water rights for the purposes described 
     in paragraph (1).
       (e) Condition.--The Secretary shall not commence any 
     construction activity relating to the wells described in 
     subsections (b) and (c) until the Secretary executes the 
     Agreement.
       (f) Conveyance of Wells.--
       (1) In general.--On the determination of the Secretary that 
     the wells and related facilities are substantially complete 
     and delivery of water generated by the wells can be made to 
     the Nation, an agreement with the Nation shall be entered 
     into, to convey to the Nation title to--
       (A) any well or related pipeline facility constructed or 
     rehabilitated under subsections (a) and (b) after the wells 
     and related facilities have been completed; and
       (B) any land or interest in land acquired by the United 
     States for the construction, operation, and maintenance of 
     the well or related pipeline facility.
       (2) Operation, maintenance, and replacement.--
       (A) In general.--The Secretary is authorized to pay 
     operation and maintenance costs for the wells and related 
     pipeline facilities authorized under this subsection until 
     title to the facilities is conveyed to the Nation.
       (B) Subsequent assumption by nation.--On completion of a 
     conveyance of title under paragraph (1), the Nation shall 
     assume all responsibility for the operation and maintenance 
     of the well or related pipeline facility conveyed.
       (3) Effect of conveyance.--The conveyance of title to the 
     Nation of the conjunctive use wells under paragraph (1) shall 
     not affect the application of the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.).
       (g) Use of Project Facilities.--The capacities of the 
     treatment facilities, main pipelines, and lateral pipelines 
     of the Project authorized by section 10602(b) may be used to 
     treat and convey groundwater to Nation communities if the 
     Nation provides for payment of the operation, maintenance, 
     and replacement costs associated with the use of the 
     facilities or pipelines.
       (h) Limitations.--The diversion and use of groundwater by 
     wells constructed or rehabilitated under this section shall 
     be made in a manner consistent with applicable Federal and 
     State law.

     SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.

       (a) Rehabilitation.--Subject to subsection (b), the 
     Secretary shall rehabilitate--
       (1) the Fruitland-Cambridge Irrigation Project to serve not 
     more than 3,335 acres of land, which shall be considered to 
     be the total serviceable area of the project; and
       (2) the Hogback-Cudei Irrigation Project to serve not more 
     than 8,830 acres of land, which shall be considered to be the 
     total serviceable area of the project.
       (b) Condition.--The Secretary shall not commence any 
     construction activity relating to the rehabilitation of the 
     Fruitland-Cambridge Irrigation Project or the Hogback-Cudei 
     Irrigation Project under subsection (a) until the Secretary 
     executes the Agreement.
       (c) Operation, Maintenance, and Replacement Obligation.--
     The Nation shall continue to be responsible for the 
     operation, maintenance, and replacement of each facility 
     rehabilitated under this section.

     SEC. 10608. OTHER IRRIGATION PROJECTS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the State of New Mexico (acting through the Interstate Stream 
     Commission) and the Non-Navajo Irrigation Districts that 
     elect to participate, shall--
       (1) conduct a study of Non-Navajo Irrigation District 
     diversion and ditch facilities; and
       (2) based on the study, identify and prioritize a list of 
     projects, with associated cost estimates, that are 
     recommended to be implemented to repair, rehabilitate, or 
     reconstruct irrigation diversion and ditch facilities to 
     improve water use efficiency.
       (b) Grants.--The Secretary may provide grants to, and enter 
     into cooperative agreements with, the Non-Navajo Irrigation 
     Districts to plan, design, or otherwise implement the 
     projects identified under subsection (a)(2).
       (c) Cost-Sharing.--
       (1) Federal share.--The Federal share of the total cost of 
     carrying out a project under subsection (b) shall be not more 
     than 50 percent, and shall be nonreimbursable.

[[Page S9835]]

       (2) Form.--The non-Federal share required under paragraph 
     (1) may be in the form of in-kind contributions, including 
     the contribution of any valuable asset or service that the 
     Secretary determines would substantially contribute to a 
     project carried out under subsection (b).
       (3) State contribution.--The Secretary may accept from the 
     State of New Mexico a partial or total contribution toward 
     the non-Federal share for a project carried out under 
     subsection (b).

     SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Navajo-Gallup Water 
     Supply Project.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary to plan, design, and construct the Project 
     $870,000,000 for the period of fiscal years 2009 through 
     2024, to remain available until expended.
       (2) Adjustments.--The amount under paragraph (1) shall be 
     adjusted by such amounts as may be required by reason of 
     changes since 2007 in construction costs, as indicated by 
     engineering cost indices applicable to the types of 
     construction involved.
       (3) Use.--In addition to the uses authorized under 
     paragraph (1), amounts made available under that paragraph 
     may be used for the conduct of related activities to comply 
     with Federal environmental laws.
       (4) Operation and maintenance.--
       (A) In general.--There are authorized to be appropriated 
     such sums as are necessary to operate and maintain the 
     Project consistent with this subtitle.
       (B) Expiration.--The authorization under subparagraph (A) 
     shall expire 10 years after the year the Secretary declares 
     the Project to be substantially complete.
       (b) Appropriations for Conjunctive Use Wells.--
       (1) San juan wells.--There is authorized to be appropriated 
     to the Secretary for the construction or rehabilitation and 
     operation and maintenance of conjunctive use wells under 
     section 10606(b) $30,000,000, as adjusted under paragraph 
     (3), for the period of fiscal years 2009 through 2019.
       (2) Wells in the little colorado and rio grande basins.--
     There are authorized to be appropriated to the Secretary for 
     the construction or rehabilitation and operation and 
     maintenance of conjunctive use wells under section 10606(c) 
     such sums as are necessary for the period of fiscal years 
     2009 through 2024.
       (3) Adjustments.--The amount under paragraph (1) shall be 
     adjusted by such amounts as may be required by reason of 
     changes since 2008 in construction costs, as indicated by 
     engineering cost indices applicable to the types of 
     construction or rehabilitation involved.
       (4) Nonreimbursable expenditures.--Amounts made available 
     under paragraphs (1) and (2) shall be nonreimbursable to the 
     United States.
       (5) Use.--In addition to the uses authorized under 
     paragraphs (1) and (2), amounts made available under that 
     paragraph may be used for the conduct of related activities 
     to comply with Federal environmental laws.
       (6) Limitation.--Appropriations authorized under paragraph 
     (1) shall not be used for operation or maintenance of any 
     conjunctive use wells at a time in excess of 3 years after 
     the well is declared substantially complete.
       (c) San Juan River Irrigation Projects.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary--
       (A) to carry out section 10607(a)(1), not more than 
     $7,700,000, as adjusted under paragraph (2), for the period 
     of fiscal years 2009 through 2015, to remain available until 
     expended; and
       (B) to carry out section 10607(a)(2), not more than 
     $15,400,000, as adjusted under paragraph (2), for the period 
     of fiscal years 2009 through 2018, to remain available until 
     expended.
       (2) Adjustment.--The amounts made available under paragraph 
     (1) shall be adjusted by such amounts as may be required by 
     reason of changes since January 1, 2004, in construction 
     costs, as indicated by engineering cost indices applicable to 
     the types of construction involved in the rehabilitation.
       (3) Nonreimbursable expenditures.--Amounts made available 
     under this subsection shall be nonreimbursable to the United 
     States.
       (d) Other Irrigation Projects.--There are authorized to be 
     appropriated to the Secretary to carry out section 10608 
     $11,000,000 for the period of fiscal years 2009 through 2018.
       (e) Cultural Resources.--
       (1) In general.--The Secretary may use not more than 2 
     percent of amounts made available under subsections (a), (b), 
     and (c) for the survey, recovery, protection, preservation, 
     and display of archaeological resources in the area of a 
     Project facility or conjunctive use well.
       (2) Nonreimbursable expenditures.--Any amounts made 
     available under paragraph (1) shall be nonreimbursable.
       (f) Fish and Wildlife Facilities.--
       (1) In general.--In association with the development of the 
     Project, the Secretary may use not more than 4 percent of 
     amounts made available under subsections (a), (b), and (c) to 
     purchase land and construct and maintain facilities to 
     mitigate the loss of, and improve conditions for the 
     propagation of, fish and wildlife if any such purchase, 
     construction, or maintenance will not affect the operation of 
     any water project or use of water.
       (2) Nonreimbursable expenditures.--Any amounts expended 
     under paragraph (1) shall be nonreimbursable.

                  PART IV--NAVAJO NATION WATER RIGHTS

     SEC. 10701. AGREEMENT.

       (a) Agreement Approval.--
       (1) Approval by congress.--Except to the extent that any 
     provision of the Agreement conflicts with this subtitle, 
     Congress approves, ratifies, and confirms the Agreement 
     (including any amendments to the Agreement that are executed 
     to make the Agreement consistent with this subtitle).
       (2) Execution by secretary.--The Secretary shall enter into 
     the Agreement to the extent that the Agreement does not 
     conflict with this subtitle, including--
       (A) any exhibits to the Agreement requiring the signature 
     of the Secretary; and
       (B) any amendments to the Agreement necessary to make the 
     Agreement consistent with this subtitle.
       (3) Authority of secretary.--The Secretary may carry out 
     any action that the Secretary determines is necessary or 
     appropriate to implement the Agreement, the Contract, and 
     this section.
       (4) Administration of navajo reservoir releases.--The State 
     of New Mexico may administer water that has been released 
     from storage in Navajo Reservoir in accordance with 
     subparagraph 9.1 of the Agreement.
       (b) Water Available Under Contract.--
       (1) Quantities of water available.--
       (A) In general.--Water shall be made available annually 
     under the Contract for projects in the State of New Mexico 
     supplied from the Navajo Reservoir and the San Juan River 
     (including tributaries of the River) under New Mexico State 
     Engineer File Numbers 2849, 2883, and 3215 in the quantities 
     described in subparagraph (B).
       (B) Water quantities.--The quantities of water referred to 
     in subparagraph (A) are as follows:


------------------------------------------------------------------------
                                                 Diversion    Depletion
                                                (acre-feet/  (acre-feet/
                                                   year)        year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project                    508,000      270,000
Navajo-Gallup Water Supply Project                   22,650       20,780
Animas-La Plata Project                               4,680        2,340
Total                                               535,330      293,120
------------------------------------------------------------------------

       (C) Maximum quantity.--A diversion of water to the Nation 
     under the Contract for a project described in subparagraph 
     (B) shall not exceed the quantity of water necessary to 
     supply the amount of depletion for the project.
       (D) Terms, conditions, and limitations.--The diversion and 
     use of water under the Contract shall be subject to and 
     consistent with the terms, conditions, and limitations of the 
     Agreement, this subtitle, and any other applicable law.
       (2) Amendments to contract.--The Secretary, with the 
     consent of the Nation, may amend the Contract if the 
     Secretary determines that the amendment is--
       (A) consistent with the Agreement; and
       (B) in the interest of conserving water or facilitating 
     beneficial use by the Nation or a subcontractor of the 
     Nation.
       (3) Rights of the nation.--The Nation may, under the 
     Contract--
       (A) use tail water, wastewater, and return flows 
     attributable to a use of the water by the Nation or a 
     subcontractor of the Nation if--
       (i) the depletion of water does not exceed the quantities 
     described in paragraph (1); and
       (ii) the use of tail water, wastewater, or return flows is 
     consistent with the terms, conditions, and limitations of the 
     Agreement, and any other applicable law; and
       (B) change a point of diversion, change a purpose or place 
     of use, and transfer a right for depletion under this 
     subtitle (except for a point of diversion, purpose or place 
     of use, or right for depletion for use in the State of 
     Arizona under section 10603(b)(2)(D)), to another use, 
     purpose, place, or depletion in the State of New Mexico to 
     meet a water resource or economic need of the Nation if--
       (i) the change or transfer is subject to and consistent 
     with the terms of the Agreement, the Partial Final Decree 
     described in paragraph 3.0 of the Agreement, the Contract, 
     and any other applicable law; and
       (ii) a change or transfer of water use by the Nation does 
     not alter any obligation of the United States, the Nation, or 
     another party to pay or repay project construction, 
     operation, maintenance, or replacement costs under this 
     subtitle and the Contract.
       (c) Subcontracts.--
       (1) In general.--
       (A) Subcontracts between nation and third parties.--The 
     Nation may enter into subcontracts for the delivery of 
     Project water under the Contract to third parties for any 
     beneficial use in the State of New Mexico (on or off land 
     held by the United States in trust for the Nation or a member 
     of the Nation or land held in fee by the Nation).
       (B) Approval required.--A subcontract entered into under 
     subparagraph (A) shall not be effective until approved by the 
     Secretary in accordance with this subsection and the 
     Contract.
       (C) Submittal.--The Nation shall submit to the Secretary 
     for approval or disapproval any subcontract entered into 
     under this subsection.

[[Page S9836]]

       (D) Deadline.--The Secretary shall approve or disapprove a 
     subcontract submitted to the Secretary under subparagraph (C) 
     not later than the later of--
       (i) the date that is 180 days after the date on which the 
     subcontract is submitted to the Secretary; and
       (ii) the date that is 60 days after the date on which a 
     subcontractor complies with--

       (I) section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)); and
       (II) any other requirement of Federal law.

       (E) Enforcement.--A party to a subcontract may enforce the 
     deadline described in subparagraph (D) under section 1361 of 
     title 28, United States Code.
       (F) Compliance with other law.--A subcontract described in 
     subparagraph (A) shall comply with the Agreement, the Partial 
     Final Decree described in paragraph 3.0 of the Agreement, and 
     any other applicable law.
       (G) No liability.--The Secretary shall not be liable to any 
     party, including the Nation, for any term of, or any loss or 
     other detriment resulting from, a lease, contract, or other 
     agreement entered into pursuant to this subsection.
       (2) Alienation.--
       (A) Permanent alienation.--The Nation shall not permanently 
     alienate any right granted to the Nation under the Contract.
       (B) Maximum term.--The term of any water use subcontract 
     (including a renewal) under this subsection shall be not more 
     than 99 years.
       (3) Nonintercourse act compliance.--This subsection--
       (A) provides congressional authorization for the 
     subcontracting rights of the Nation; and
       (B) is deemed to fulfill any requirement that may be 
     imposed by section 2116 of the Revised Statutes (25 U.S.C. 
     177).
       (4) Forfeiture.--The nonuse of the water supply secured by 
     a subcontractor of the Nation under this subsection shall not 
     result in forfeiture, abandonment, relinquishment, or other 
     loss of any part of a right decreed to the Nation under the 
     Contract or this section.
       (5) No per capita payments.--No part of the revenue from a 
     water use subcontract under this subsection shall be 
     distributed to any member of the Nation on a per capita 
     basis.
       (d) Water Leases Not Requiring Subcontracts.--
       (1) Authority of nation.--
       (A) In general.--The Nation may lease, contract, or 
     otherwise transfer to another party or to another purpose or 
     place of use in the State of New Mexico (on or off land that 
     is held by the United States in trust for the Nation or a 
     member of the Nation or held in fee by the Nation) a water 
     right that--
       (i) is decreed to the Nation under the Agreement; and
       (ii) is not subject to the Contract.
       (B) Compliance with other law.--In carrying out an action 
     under this subsection, the Nation shall comply with the 
     Agreement, the Partial Final Decree described in paragraph 
     3.0 of the Agreement, the Supplemental Partial Final Decree 
     described in paragraph 4.0 of the Agreement, and any other 
     applicable law.
       (2) Alienation; maximum term.--
       (A) Alienation.--The Nation shall not permanently alienate 
     any right granted to the Nation under the Agreement.
       (B) Maximum term.--The term of any water use lease, 
     contract, or other arrangement (including a renewal) under 
     this subsection shall be not more than 99 years.
       (3) No liability.--The Secretary shall not be liable to any 
     party, including the Nation, for any term of, or any loss or 
     other detriment resulting from, a lease, contract, or other 
     agreement entered into pursuant to this subsection.
       (4) Nonintercourse act compliance.--This subsection--
       (A) provides congressional authorization for the lease, 
     contracting, and transfer of any water right described in 
     paragraph (1)(A); and
       (B) is deemed to fulfill any requirement that may be 
     imposed by the provisions of section 2116 of the Revised 
     Statutes (25 U.S.C. 177).
       (5) Forfeiture.--The nonuse of a water right of the Nation 
     by a lessee or contractor to the Nation under this subsection 
     shall not result in forfeiture, abandonment, relinquishment, 
     or other loss of any part of a right decreed to the Nation 
     under the Contract or this section.
       (e) Nullification.--
       (1) Deadlines.--
       (A) In general.--In carrying out this section, the 
     following deadlines apply with respect to implementation of 
     the Agreement:
       (i) Agreement.--Not later than December 31, 2009, the 
     Secretary shall execute the Agreement.
       (ii) Contract.--Not later than December 31, 2009, the 
     Secretary and the Nation shall execute the Contract.
       (iii) Partial final decree.--Not later than December 31, 
     2012, the court in the stream adjudication shall have entered 
     the Partial Final Decree described in paragraph 3.0 of the 
     Agreement.
       (iv) Fruitland-cambridge irrigation project.--Not later 
     than December 31, 2015, the rehabilitation construction of 
     the Fruitland-Cambridge Irrigation Project authorized under 
     section 10607(a)(1) shall be completed.
       (v) Supplemental partial final decree.--Not later than 
     December 31, 2015, the court in the stream adjudication shall 
     enter the Supplemental Partial Final Decree described in 
     subparagraph 4.0 of the Agreement.
       (vi) Hogback-cudei irrigation project.--Not later than 
     December 31, 2018, the rehabilitation construction of the 
     Hogback-Cudei Irrigation Project authorized under section 
     10607(a)(2) shall be completed.
       (vii) Trust fund.--Not later than December 31, 2019, the 
     United States shall make all deposits into the Trust Fund 
     under section 10702.
       (viii) Conjunctive wells.--Not later than December 31, 
     2019, the funds authorized to be appropriated under section 
     10609(b)(1) for the conjunctive use wells authorized under 
     section 10606(b) should be appropriated.
       (ix) Navajo-gallup water supply project.--Not later than 
     December 31, 2024, the construction of all Project facilities 
     shall be completed.
       (B) Extension.--A deadline described in subparagraph (A) 
     may be extended if the Nation, the United States (acting 
     through the Secretary), and the State of New Mexico (acting 
     through the New Mexico Interstate Stream Commission) agree 
     that an extension is reasonably necessary.
       (2) Revocability of agreement, contract and 
     authorizations.--
       (A) Petition.--If the Nation determines that a deadline 
     described in paragraph (1)(A) is not substantially met, the 
     Nation may submit to the court in the stream adjudication a 
     petition to enter an order terminating the Agreement and 
     Contract.
       (B) Termination.--On issuance of an order to terminate the 
     Agreement and Contract under subparagraph (A)--
       (i) the Trust Fund shall be terminated;
       (ii) the balance of the Trust Fund shall be deposited in 
     the general fund of the Treasury;
       (iii) the authorizations for construction and 
     rehabilitation of water projects under this subtitle shall be 
     revoked and any Federal activity related to that construction 
     and rehabilitation shall be suspended; and
       (iv) this part and parts I and III shall be null and void.
       (3) Conditions not causing nullification of settlement.--
       (A) In general.--If a condition described in subparagraph 
     (B) occurs, the Agreement and Contract shall not be nullified 
     or terminated.
       (B) Conditions.--The conditions referred to in subparagraph 
     (A) are as follows:
       (i) A lack of right to divert at the capacities of 
     conjunctive use wells constructed or rehabilitated under 
     section 10606.
       (ii) A failure--

       (I) to determine or resolve an accounting of the use of 
     water under this subtitle in the State of Arizona;
       (II) to obtain a necessary water right for the consumptive 
     use of water in Arizona;
       (III) to contract for the delivery of water for use in 
     Arizona; or
       (IV) to construct and operate a lateral facility to deliver 
     water to a community of the Nation in Arizona, under the 
     Project.

       (f) Effect on Rights of Indian Tribes.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in the Agreement, the Contract, or this section 
     quantifies or adversely affects the land and water rights, or 
     claims or entitlements to water, of any Indian tribe or 
     community other than the rights, claims, or entitlements of 
     the Nation in, to, and from the San Juan River Basin in the 
     State of New Mexico.
       (2) Exception.--The right of the Nation to use water under 
     water rights the Nation has in other river basins in the 
     State of New Mexico shall be forborne to the extent that the 
     Nation supplies the uses for which the water rights exist by 
     diversions of water from the San Juan River Basin under the 
     Project consistent with subparagraph 9.13 of the Agreement.

     SEC. 10702. TRUST FUND.

       (a) Establishment.--There is established in the Treasury a 
     fund to be known as the ``Navajo Nation Water Resources 
     Development Trust Fund'', consisting of--
       (1) such amounts as are appropriated to the Trust Fund 
     under subsection (f); and
       (2) any interest earned on investment of amounts in the 
     Trust Fund under subsection (d).
       (b) Use of Funds.--The Nation may use amounts in the Trust 
     Fund--
       (1) to investigate, construct, operate, maintain, or 
     replace water project facilities, including facilities 
     conveyed to the Nation under this subtitle and facilities 
     owned by the United States for which the Nation is 
     responsible for operation, maintenance, and replacement 
     costs; and
       (2) to investigate, implement, or improve a water 
     conservation measure (including a metering or monitoring 
     activity) necessary for the Nation to make use of a water 
     right of the Nation under the Agreement.
       (c) Management.--The Secretary shall manage the Trust Fund, 
     invest amounts in the Trust Fund pursuant to subsection (d), 
     and make amounts available from the Trust Fund for 
     distribution to the Nation in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (d) Investment of the Trust Fund.--Beginning on October 1, 
     2018, the Secretary shall invest amounts in the Trust Fund in 
     accordance with--
       (1) the Act of April 1, 1880 (25 U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and

[[Page S9837]]

       (3) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (e) Conditions for Expenditures and Withdrawals.--
       (1) Tribal management plan.--
       (A) In general.--Subject to paragraph (7), on approval by 
     the Secretary of a tribal management plan in accordance with 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Nation may withdraw all or a 
     portion of the amounts in the Trust Fund.
       (B) Requirements.--In addition to any requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the tribal management plan shall 
     require that the Nation only use amounts in the Trust Fund 
     for the purposes described in subsection (b), including the 
     identification of water conservation measures to be 
     implemented in association with the agricultural water use of 
     the Nation.
       (2) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any tribal 
     management plan to ensure that any amounts withdrawn from the 
     Trust Fund are used in accordance with this subtitle.
       (3) No liability.--Neither the Secretary nor the Secretary 
     of the Treasury shall be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Nation.
       (4) Expenditure plan.--
       (A) In general.--The Nation shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the Trust Fund made available under this section 
     that the Nation does not withdraw under this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, funds of the 
     Nation remaining in the Trust Fund will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this subtitle.
       (5) Annual report.--The Nation shall submit to the 
     Secretary an annual report that describes any expenditures 
     from the Trust Fund during the year covered by the report.
       (6) Limitation.--No portion of the amounts in the Trust 
     Fund shall be distributed to any Nation member on a per 
     capita basis.
       (7) Conditions.--Any amount authorized to be appropriated 
     to the Trust Fund under subsection (f) shall not be available 
     for expenditure or withdrawal--
       (A) before December 31, 2019; and
       (B) until the date on which the court in the stream 
     adjudication has entered--
       (i) the Partial Final Decree; and
       (ii) the Supplemental Partial Final Decree.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for deposit in the Trust Fund--
       (1) $6,000,000 for each of fiscal years 2009 through 2013; 
     and
       (2) $4,000,000 for each of fiscal years 2014 through 2018.

     SEC. 10703. WAIVERS AND RELEASES.

       (a) Claims by the Nation and the United States.--The 
     Nation, on behalf of itself and members of the Nation (other 
     than members in the capacity of the members as allottees), 
     and the United States, acting through the Secretary and in 
     the capacity of the United States as trustee for the Nation, 
     shall each execute a waiver and release of--
       (1) all claims for water rights in, or for waters of, the 
     San Juan River Basin in the State of New Mexico that the 
     Nation, or the United States as trustee for the Nation, 
     asserted, or could have asserted, in the San Juan River 
     adjudication or in any other court proceeding;
       (2) all claims that the Nation, or the United States as 
     trustee for the Nation, has asserted or could assert for any 
     damage, loss, or injury to water rights or claims of 
     interference, diversion, or taking of water in the San Juan 
     Basin in the State of New Mexico that, regardless of whether 
     the damage, loss, or injury is unanticipated, unexpected, or 
     unknown--
       (A) accrued at any time before or on the effective date of 
     the waiver and release under subsection (d); and
       (B) may or may not be more numerous or more serious than is 
     understood or expected; and
       (3) all claims of any damage, loss, or injury or for 
     injunctive or other relief because of the condition of or 
     changes in water quality related to, or arising out of, the 
     exercise of water rights.
       (b) Claims by the Nation Against the United States.--The 
     Nation, on behalf of itself and its members (other than 
     members in the capacity of the members as allottees), shall 
     execute a waiver and release of--
       (1) all causes of action that the Nation or the members of 
     the Nation (other than members in the capacity of the members 
     as allottees) may have against the United States or any 
     agencies or employees of the United States, arising out of 
     claims for water rights in, or waters of, the San Juan River 
     Basin in the State of New Mexico that the United States 
     asserted, or could have asserted, in the stream adjudication 
     or other court proceeding;
       (2) all claims for any damage, loss, or injury to water 
     rights, claims of interference, diversion or taking of water, 
     or failure to protect, acquire, or develop municipal water or 
     water rights for land within the San Juan Basin in the State 
     of New Mexico that, regardless whether the damage, loss, or 
     injury is unanticipated, unexpected, or unknown--
       (A) accrued at any time before or on the effective date of 
     the waiver and release under subsection (d); and
       (B) may or may not be more numerous or more serious than is 
     understood or expected; and
       (3) all claims arising out of, resulting from, or relating 
     in any manner to the negotiation, execution or adoption of 
     the Agreement, the Contract, or this subtitle (including any 
     specific terms and provisions of the Agreement, the Contract, 
     or this subtitle) that the Nation may have against the United 
     States or any agencies or employees of the United States.
       (c) Reservation of Claims.--Notwithstanding subsections (a) 
     and (b), the Nation and the members of the Nation (including 
     members in the capacity of the members as allottees) and the 
     United States, as trustee for the Nation and allottees, shall 
     retain--
       (1) all claims for water rights or injuries to water rights 
     arising out of activities occurring outside the San Juan 
     River Basin in the State of New Mexico, subject to paragraphs 
     8.0, 9.3, 9.12, 9.13 and 13.9 of the Agreement;
       (2) all claims for enforcement of the Agreement, the 
     Contract, the Partial Final Decree, the Supplemental Partial 
     Final Decree, or this subtitle, through any legal and 
     equitable remedies available in any court of competent 
     jurisdiction;
       (3) all rights to use and protect water rights acquired 
     pursuant to State law after the effective date of the waivers 
     and releases described in subsection (d);
       (4) all claims relating to activities affecting the quality 
     of water not related to the exercise of water rights; and
       (5) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released under the terms 
     of the Agreement or this subtitle.
       (d) Effective Date.--
       (1) In general.--The waivers and releases described in 
     subsection (a) shall be effective on the date on which the 
     Secretary publishes in the Federal Register a statement of 
     findings documenting that each of the deadlines described in 
     section 10701(e)(1) have been met.
       (2) Deadline.--If the deadlines in section 10701(e)(1)(A) 
     have not been met by the later of March 1, 2025, or the date 
     of any extension under section 10701(e)(1)(B)--
       (A) the waivers and releases described in subsection (a) 
     shall be of no effect; and
       (B) section 10701(e)(2)(B) shall apply.

     SEC. 10704. WATER RIGHTS HELD IN TRUST.

       A tribal water right adjudicated and described in paragraph 
     3.0 of the Partial Final Decree and in paragraph 3.0 of the 
     Supplemental Partial Final Decree shall be held in trust by 
     the United States on behalf of the Nation.

        TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS

     SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING 
                   ACT OF 1992.

       (a) Findings.--Section 2(a) of the National Geologic 
     Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) although significant progress has been made in the 
     production of geologic maps since the establishment of the 
     national cooperative geologic mapping program in 1992, no 
     modern, digital, geologic map exists for approximately 75 
     percent of the United States;''; and
       (2) in paragraph (2)--
       (A) in subparagraph (C), by inserting ``homeland and'' 
     after ``planning for'';
       (B) in subparagraph (E), by striking ``predicting'' and 
     inserting ``identifying'';
       (C) in subparagraph (I), by striking ``and'' after the 
     semicolon at the end;
       (D) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (E) by inserting after subparagraph (I) the following:
       ``(J) recreation and public awareness; and''; and
       (3) in paragraph (9), by striking ``important'' and 
     inserting ``available''.
       (b) Purpose.--Section 2(b) of the National Geologic Mapping 
     Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ``and 
     management'' before the period at the end.
       (c) Deadlines for Actions by the United States Geological 
     Survey.--Section 4(b)(1) of the National Geologic Mapping Act 
     of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second 
     sentence--
       (1) in subparagraph (A), by striking ``not later than'' and 
     all that follows through the semicolon and inserting ``not 
     later than 1 year after the date of enactment of the Omnibus 
     Public Land Management Act of 2008;'';
       (2) in subparagraph (B), by striking ``not later than'' and 
     all that follows through ``in accordance'' and inserting 
     ``not later than 1 year after the date of enactment of the 
     Omnibus Public Land Management Act of 2008 in accordance''; 
     and
       (3) in the matter preceding clause (i) of subparagraph (C), 
     by striking ``not later than'' and all that follows through 
     ``submit'' and inserting ``submit biennially''.
       (d) Geologic Mapping Program Objectives.--Section 4(c)(2) 
     of the National Geologic Mapping Act of 1992 (43 U.S.C. 
     31c(c)(2)) is amended--
       (1) by striking ``geophysical-map data base, geochemical-
     map data base, and a''; and
       (2) by striking ``provide'' and inserting ``provides''.

[[Page S9838]]

       (e) Geologic Mapping Program Components.--Section 
     4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 
     (43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
       (1) in subclause (I), by striking ``and'' after the 
     semicolon at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:

       ``(III) the needs of land management agencies of the 
     Department of the Interior.''.

       (f) Geologic Mapping Advisory Committee.--
       (1) Membership.--Section 5(a) of the National Geologic 
     Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
       (A) in paragraph (2)--
       (i) by inserting ``the Secretary of the Interior or a 
     designee from a land management agency of the Department of 
     the Interior,'' after ``Administrator of the Environmental 
     Protection Agency or a designee,'';
       (ii) by inserting ``and'' after ``Energy or a designee,''; 
     and
       (iii) by striking ``, and the Assistant to the President 
     for Science and Technology or a designee''; and
       (B) in paragraph (3)--
       (i) by striking ``Not later than'' and all that follows 
     through ``consultation'' and inserting ``In consultation'';
       (ii) by striking ``Chief Geologist, as Chairman'' and 
     inserting ``Associate Director for Geology, as Chair''; and
       (iii) by striking ``one representative from the private 
     sector'' and inserting ``2 representatives from the private 
     sector''.
       (2) Duties.--Section 5(b) of the National Geologic Mapping 
     Act of 1992 (43 U.S.C. 31d(b)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) provide a scientific overview of geologic maps 
     (including maps of geologic-based hazards) used or 
     disseminated by Federal agencies for regulation or land-use 
     planning; and''.
       (3) Conforming amendment.--Section 5(a)(1) of the National 
     Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended 
     by striking ``10-member'' and inserting ``11-member''.
       (g) Functions of National Geologic-Map Database.--Section 
     7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 
     31f(a)) is amended--
       (1) in paragraph (1), by striking ``geologic map'' and 
     inserting ``geologic-map''; and
       (2) in paragraph (2), by striking subparagraph (A) and 
     inserting the following:
       ``(A) all maps developed with funding provided by the 
     National Cooperative Geologic Mapping Program, including 
     under the Federal, State, and education components;''.
       (h) Biennial Report.--Section 8 of the National Geologic 
     Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking 
     ``Not later'' and all that follows through ``biennially'' and 
     inserting ``Not later than 3 years after the date of 
     enactment of the Omnibus Public Land Management Act of 2008 
     and biennially''.
       (i) Authorization of Appropriations; Allocation.--Section 9 
     of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) 
     is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $64,000,000 for each of fiscal years 
     2007 through 2016.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``2000'' and inserting ``2005'';
       (B) in paragraph (1), by striking ``48'' and inserting 
     ``50''; and
       (C) in paragraph (2), by striking 2 and inserting ``4''.

     SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the United States Geological Survey 
     (referred to in this section as the ``Secretary''), in 
     coordination with the State of New Mexico (referred to in 
     this section as the ``State'') and any other entities that 
     the Secretary determines to be appropriate (including other 
     Federal agencies and institutions of higher education), 
     shall, in accordance with this section and any other 
     applicable law, conduct a study of water resources in the 
     State, including--
       (1) a survey of groundwater resources, including an 
     analysis of--
       (A) aquifers in the State, including the quantity of water 
     in the aquifers;
       (B) the availability of groundwater resources for human 
     use;
       (C) the salinity of groundwater resources;
       (D) the potential of the groundwater resources to recharge;
       (E) the interaction between groundwater and surface water;
       (F) the susceptibility of the aquifers to contamination; 
     and
       (G) any other relevant criteria; and
       (2) a characterization of surface and bedrock geology, 
     including the effect of the geology on groundwater yield and 
     quality.
       (b) Study Areas.--The study carried out under subsection 
     (a) shall include the Estancia Basin, Salt Basin, Tularosa 
     Basin, Hueco Basin, and middle Rio Grande Basin in the State.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that describes the results of the study.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                        TITLE XII--MISCELLANEOUS

     SEC. 12001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST 
                   FUNDS.

       (a) North Dakota Trust Funds.--The Act of February 22, 1889 
     (25 Stat. 676, chapter 180), is amended by adding at the end 
     the following:

     ``SEC. 26. NORTH DAKOTA TRUST FUNDS.

       ``(a) Disposition.--Notwithstanding section 11, the State 
     of North Dakota shall, with respect to any trust fund in 
     which proceeds from the sale of public land are deposited 
     under this Act (referred to in this section as the `trust 
     fund')--
       ``(1) deposit all revenues earned by a trust fund into the 
     trust fund;
       ``(2) deduct the costs of administering a trust fund from 
     each trust fund; and
       ``(3) manage each trust fund to--
       ``(A) preserve the purchasing power of the trust fund; and
       ``(B) maintain stable distributions to trust fund 
     beneficiaries.
       ``(b) Distributions.--Notwithstanding section 11, any 
     distributions from trust funds in the State of North Dakota 
     shall be made in accordance with section 2 of article IX of 
     the Constitution of the State of North Dakota.
       ``(c) Management of Proceeds.--Notwithstanding section 13, 
     the State of North Dakota shall manage the proceeds referred 
     to in that section in accordance with subsections (a) and 
     (b).
       ``(d) Management of Land and Proceeds.--Notwithstanding 
     sections 14 and 16, the State of North Dakota shall manage 
     the land granted under that section, including any proceeds 
     from the land, and make distributions in accordance with 
     subsections (a) and (b).''.
       (b) Management and Distribution of Morrill Act Grants.--The 
     Act of July 2, 1862 (commonly known as the ``First Morrill 
     Act'') (7 U.S.C. 301 et seq.), is amended by adding at the 
     end the following:

     ``SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.

       ``(a) Expenses.--Notwithstanding section 3, the State of 
     North Dakota shall manage the land granted to the State under 
     the first section, including any proceeds from the land, in 
     accordance with this section.
       ``(b) Disposition of Proceeds.--Notwithstanding section 4, 
     the State of North Dakota shall, with respect to any trust 
     fund in which proceeds from the sale of land under this Act 
     are deposited (referred to in this section as the `trust 
     fund')--
       ``(1) deposit all revenues earned by a trust fund into the 
     trust fund;
       ``(2) deduct the costs of administering a trust fund from 
     each trust fund; and
       ``(3) manage each trust fund to--
       ``(A) preserve the purchasing power of the trust fund; and
       ``(B) maintain stable distributions to trust fund 
     beneficiaries.
       ``(c) Distributions.--Notwithstanding section 4, any 
     distributions from trust funds in the State of North Dakota 
     shall be made in accordance with section 2 of article IX of 
     the Constitution of the State of North Dakota.
       ``(d) Management.--Notwithstanding section 5, the State of 
     North Dakota shall manage the land granted under the first 
     section, including any proceeds from the land, in accordance 
     with this section.''.
       (c) Consent of Congress.--Effective July 1, 2009, Congress 
     consents to the amendments to the Constitution of North 
     Dakota proposed by House Concurrent Resolution No. 3037 of 
     the 59th Legislature of the State of North Dakota entitled 
     ``A concurrent resolution for the amendment of sections 1 and 
     2 of article IX of the Constitution of North Dakota, relating 
     to distributions from and the management of the common 
     schools trust fund and the trust funds of other educational 
     or charitable institutions; and to provide a contingent 
     effective date'' and approved by the voters of the State of 
     North Dakota on November 7, 2006.

     SEC. 12002. AMENDMENTS TO THE FISHERIES RESTORATION AND 
                   IRRIGATION MITIGATION ACT OF 2000.

       (a) Priority Projects.--Section 3(c)(3) of the Fisheries 
     Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 
     777 note; Public Law 106-502) is amended by striking 
     ``$5,000,000'' and inserting ``$2,500,000''.
       (b) Cost Sharing.--Section 7(c) of Fisheries Restoration 
     and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; 
     Public Law 106-502) is amended--
       (1) by striking ``The value'' and inserting the following:
       ``(1) In general.--The value''; and
       (2) by adding at the end the following:
       ``(2) Bonneville power administration.--
       ``(A) In general.--The Secretary may, without further 
     appropriation and without fiscal year limitation, accept any 
     amounts provided to the Secretary by the Administrator of the 
     Bonneville Power Administration.
       ``(B) Non-federal share.--Any amounts provided by the 
     Bonneville Power Administration directly or through a grant 
     to another entity for a project carried under the Program 
     shall be credited toward the non-Federal share of the costs 
     of the project.''.
       (c) Report.--Section 9 of the Fisheries Restoration and 
     Irrigation Mitigation Act of

[[Page S9839]]

     2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
       (1) by inserting ``any'' before ``amounts are made''; and
       (2) by inserting after ``Secretary shall'' the following: 
     ``, after partnering with local governmental entities and the 
     States in the Pacific Ocean drainage area,''.
       (d) Authorization of Appropriations.--Section 10 of the 
     Fisheries Restoration and Irrigation Mitigation Act of 2000 
     (16 U.S.C. 777 note; Public Law 106-502) is amended--
       (1) in subsection (a), by striking ``2001 through 2005'' 
     and inserting `` 2009 through 2015''; and
       (2) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Administrative expenses.--
       ``(A) Definition of administrative expense.--In this 
     paragraph, the term `administrative expense' means, except as 
     provided in subparagraph (B)(iii)(II), any expenditure 
     relating to--
       ``(i) staffing and overhead, such as the rental of office 
     space and the acquisition of office equipment; and
       ``(ii) the review, processing, and provision of 
     applications for funding under the Program.
       ``(B) Limitation.--
       ``(i) In general.--Not more than 6 percent of amounts made 
     available to carry out this Act for each fiscal year may be 
     used for Federal and State administrative expenses of 
     carrying out this Act.
       ``(ii) Federal and state shares.--To the maximum extent 
     practicable, of the amounts made available for administrative 
     expenses under clause (i)--

       ``(I) 50 percent shall be provided to the State agencies 
     provided assistance under the Program; and
       ``(II) an amount equal to the cost of 1 full-time 
     equivalent Federal employee, as determined by the Secretary, 
     shall be provided to the Federal agency carrying out the 
     Program.

       ``(iii) State expenses.--Amounts made available to States 
     for administrative expenses under clause (i)--

       ``(I) shall be divided evenly among all States provided 
     assistance under the Program; and
       ``(II) may be used by a State to provide technical 
     assistance relating to the program, including any staffing 
     expenditures (including staff travel expenses) associated 
     with--

       ``(aa) arranging meetings to promote the Program to 
     potential applicants;
       ``(bb) assisting applicants with the preparation of 
     applications for funding under the Program; and
       ``(cc) visiting construction sites to provide technical 
     assistance, if requested by the applicant.''.

     SEC. 12003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE 
                   ACT.

       (a) Administration.--Section 106 of the Alaska Natural Gas 
     Pipeline Act (15 U.S.C. 720d) is amended by adding at the end 
     the following:
       ``(h) Administration.--
       ``(1) Personnel appointments.--
       ``(A) In general.--The Federal Coordinator may appoint and 
     terminate such personnel as the Federal Coordinator 
     determines to be appropriate.
       ``(B) Authority of federal coordinator.--Personnel 
     appointed by the Federal Coordinator under subparagraph (A) 
     shall be appointed without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service.
       ``(2) Compensation.--
       ``(A) In general.--Subject to subparagraph (B), personnel 
     appointed by the Federal Coordinator under paragraph (1)(A) 
     shall be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of title 5, United States 
     Code (relating to classification and General Schedule pay 
     rates).
       ``(B) Maximum level of compensation.--The rate of pay for 
     personnel appointed by the Federal Coordinator under 
     paragraph (1)(A) shall not exceed the maximum level of rate 
     payable for level III of the Executive Schedule.
       ``(C) Applicability of section 5941.--Section 5941 of title 
     5, United States Code, shall apply to personnel appointed by 
     the Federal Coordinator under paragraph (1)(A).
       ``(3) Temporary services.--
       ``(A) In general.--The Federal Coordinator may procure 
     temporary and intermittent services in accordance with 
     section 3109(b) of title 5, United States Code.
       ``(B) Maximum level of compensation.--The level of 
     compensation of an individual employed on a temporary or 
     intermittent basis under subparagraph (A) shall not exceed 
     the maximum level of rate payable for level III of the 
     Executive Schedule.
       ``(4) Fees, charges, and commissions.--
       ``(A) In general.--The Federal Coordinator shall have the 
     authority to establish, change, and abolish reasonable filing 
     and service fees, charges, and commissions, require deposits 
     of payments, and provide refunds as provided to the Secretary 
     of the Interior in section 304 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1734), except that the 
     authority shall be with respect to the duties of the Federal 
     Coordinator, as described in this Act.
       ``(B) Authority of secretary of the interior.--Subparagraph 
     (A) shall not affect the authority of the Secretary of the 
     Interior to establish, change, and abolish reasonable filing 
     and service fees, charges, and commissions, require deposits 
     of payments, and provide refunds under section 304 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1734).
       ``(C) Use of funds.--The Federal Coordinator is authorized 
     to use, without further appropriation, amounts collected 
     under subparagraph (A) to carry out this section.''.
       (b) Clarification of Authority.--Section 107(a) of the 
     Alaska Natural Gas Pipeline Act (15 U.S.C. 720e(a)) is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) the validity of any determination, permit, approval, 
     authorization, review, or other related action taken under 
     any provision of law relating to a gas transportation project 
     constructed and operated in accordance with section 103, 
     including--
       ``(A) subchapter II of chapter 5, and chapter 7, of title 
     5, United States Code (commonly known as the `Administrative 
     Procedure Act');
       ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       ``(C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(D) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); and
       ``(E) the Alaska National Interest Lands Conservation Act 
     (16 U.S.C. 3101 et seq.).''.

     SEC. 12004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF 
                   ENERGY.

       (a) In General.--Section 203(a) of the Department of Energy 
     Organization Act (42 U.S.C. 7133(a)) is amended in the first 
     sentence by striking ``7 Assistant Secretaries'' and 
     inserting ``8 Assistant Secretaries''.
       (b) Conforming Amendment.--Section 5315 of title 5, United 
     States Code, is amended by striking ``Assistant Secretaries 
     of Energy (7)'' and inserting ``Assistant Secretaries of 
     Energy (8)''.
       (c) Sense of Congress.--It is the sense of Congress that 
     leadership for missions of the Department of Energy relating 
     to electricity delivery and reliability should be at the 
     Assistant Secretary level.

     SEC. 12005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.

       (a) Definitions.--In this section:
       (1) Institute.--The term ``Institute'' means the Lovelace 
     Respiratory Research Institute, a nonprofit organization 
     chartered under the laws of the State of New Mexico.
       (2) Map.--The term ``map'' means the map entitled 
     ``Lovelace Respiratory Research Institute Land Conveyance'' 
     and dated March 18, 2008.
       (3) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Energy, with respect to matters 
     concerning the Department of Energy;
       (B) the Secretary of the Interior, with respect to matters 
     concerning the Department of the Interior; and
       (C) the Secretary of the Air Force, with respect to matters 
     concerning the Department of the Air Force.
       (4) Secretary of energy.--The term ``Secretary of Energy'' 
     means the Secretary of Energy, acting through the 
     Administrator for the National Nuclear Security 
     Administration.
       (b) Conveyance of Land.--
       (1) In general.--Notwithstanding section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to 
     valid existing rights and this section, the Secretary of 
     Energy, in consultation with the Secretary of the Interior 
     and the Secretary of the Air Force, may convey to the 
     Institute, on behalf of the United States, all right, title, 
     and interest of the United States in and to the parcel of 
     land described in paragraph (2) for research, scientific, or 
     educational use.
       (2) Description of land.--The parcel of land referred to in 
     paragraph (1)--
       (A) is the approximately 135 acres of land identified as 
     ``Parcel A'' on the map;
       (B) includes any improvements to the land described in 
     subparagraph (A); and
       (C) excludes any portion of the utility system and 
     infrastructure reserved by the Secretary of the Air Force 
     under paragraph (4).
       (3) Other federal agencies.--The Secretary of the Interior 
     and the Secretary of the Air Force shall complete any real 
     property actions, including the revocation of any Federal 
     withdrawals of the parcel conveyed under paragraph (1) and 
     the parcel described in subsection (c)(1), that are necessary 
     to allow the Secretary of Energy to--
       (A) convey the parcel under paragraph (1); or
       (B) transfer administrative jurisdiction under subsection 
     (c).
       (4) Reservation of utility infrastructure and access.--The 
     Secretary of the Air Force may retain ownership and control 
     of--
       (A) any portions of the utility system and infrastructure 
     located on the parcel conveyed under paragraph (1); and
       (B) any rights of access determined to be necessary by the 
     Secretary of the Air Force to operate and maintain the 
     utilities on the parcel.
       (5) Restrictions on use.--
       (A) Authorized uses.--The Institute shall allow only 
     research, scientific, or educational uses of the parcel 
     conveyed under paragraph (1).
       (B) Reversion.--
       (i) In general.--If, at any time, the Secretary of Energy, 
     in consultation with the Secretary of the Air Force, 
     determines, in accordance with clause (ii), that the parcel 
     conveyed under paragraph (1) is not being used for a purpose 
     described in subparagraph (A)--

[[Page S9840]]

       (I) all right, title, and interest in and to the entire 
     parcel, or any portion of the parcel not being used for the 
     purposes, shall revert, at the option of the Secretary, to 
     the United States; and
       (II) the United States shall have the right of immediate 
     entry onto the parcel.

       (ii) Requirements for determination.--Any determination of 
     the Secretary under clause (i) shall be made on the record 
     and after an opportunity for a hearing.
       (6) Costs.--
       (A) In general.--The Secretary of Energy shall require the 
     Institute to pay, or reimburse the Secretary concerned, for 
     any costs incurred by the Secretary concerned in carrying out 
     the conveyance under paragraph (1), including any survey 
     costs related to the conveyance.
       (B) Refund.--If the Secretary concerned collects amounts 
     under subparagraph (A) from the Institute before the 
     Secretary concerned incurs the actual costs, and the amount 
     collected exceeds the actual costs incurred by the Secretary 
     concerned to carry out the conveyance, the Secretary 
     concerned shall refund to the Institute an amount equal to 
     difference between--
       (i) the amount collected by the Secretary concerned; and
       (ii) the actual costs incurred by the Secretary concerned.
       (C) Deposit in fund.--
       (i) In general.--Amounts received by the United States 
     under this paragraph as a reimbursement or recovery of costs 
     incurred by the Secretary concerned to carry out the 
     conveyance under paragraph (1) shall be deposited in the fund 
     or account that was used to cover the costs incurred by the 
     Secretary concerned in carrying out the conveyance.
       (ii) Use.--Any amounts deposited under clause (i) shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as any other amounts in the fund 
     or account.
       (7) Contaminated land.--In consideration for the conveyance 
     of the parcel under paragraph (1), the Institute shall--
       (A) take fee title to the parcel and any improvements to 
     the parcel, as contaminated;
       (B) be responsible for undertaking and completing all 
     environmental remediation required at, in, under, from, or on 
     the parcel for all environmental conditions relating to or 
     arising from the release or threat of release of waste 
     material, substances, or constituents, in the same manner and 
     to the same extent as required by law applicable to privately 
     owned facilities, regardless of the date of the contamination 
     or the responsible party;
       (C) indemnify the United States for--
       (i) any environmental remediation or response costs the 
     United States reasonably incurs if the Institute fails to 
     remediate the parcel; or
       (ii) contamination at, in, under, from, or on the land, for 
     all environmental conditions relating to or arising from the 
     release or threat of release of waste material, substances, 
     or constituents;
       (D) indemnify, defend, and hold harmless the United States 
     from any damages, costs, expenses, liabilities, fines, 
     penalties, claim, or demand for loss, including claims for 
     property damage, personal injury, or death resulting from 
     releases, discharges, emissions, spills, storage, disposal, 
     or any other acts or omissions by the Institute and any 
     officers, agents, employees, contractors, sublessees, 
     licensees, successors, assigns, or invitees of the Institute 
     arising from activities conducted, on or after October 1, 
     1996, on the parcel conveyed under paragraph (1); and
       (E) reimburse the United States for all legal and attorney 
     fees, costs, and expenses incurred in association with the 
     defense of any claims described in subparagraph (D).
       (8) Contingent environmental response obligations.--If the 
     Institute does not undertake or complete environmental 
     remediation as required by paragraph (7) and the United 
     States is required to assume the responsibilities of the 
     remediation, the Secretary of Energy shall be responsible for 
     conducting any necessary environmental remediation or 
     response actions with respect to the parcel conveyed under 
     paragraph (1).
       (9) No additional compensation.--Except as otherwise 
     provided in this section, no additional consideration shall 
     be required for conveyance of the parcel to the Institute 
     under paragraph (1).
       (10) Access and utilities.--On conveyance of the parcel 
     under paragraph (1), the Secretary of the Air Force shall, on 
     behalf of the United States and subject to any terms and 
     conditions as the Secretary determines to be necessary 
     (including conditions providing for the reimbursement of 
     costs), provide the Institute with--
       (A) access for employees and invitees of the Institute 
     across Kirtland Air Force Base to the parcel conveyed under 
     that paragraph; and
       (B) access to utility services for the land and any 
     improvements to the land conveyed under that paragraph.
       (11) Additional term and conditions.--The Secretary of 
     Energy, in consultation with the Secretary of the Interior 
     and Secretary of the Air Force, may require any additional 
     terms and conditions for the conveyance under paragraph (1) 
     that the Secretaries determine to be appropriate to protect 
     the interests of the United States.
       (c) Transfer of Administrative Jurisdiction.--
       (1) In general.--After the conveyance under subsection 
     (b)(1) has been completed, the Secretary of Energy shall, on 
     request of the Secretary of the Air Force, transfer to the 
     Secretary of the Air Force administrative jurisdiction over 
     the parcel of approximately 7 acres of land identified as 
     ``Parcel B'' on the map, including any improvements to the 
     parcel.
       (2) Removal of improvements.--In concurrence with the 
     transfer under paragraph (1), the Secretary of Energy shall, 
     on request of the Secretary of the Air Force, arrange and pay 
     for removal of any improvements to the parcel transferred 
     under that paragraph.

     SEC. 12006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
                   TROPICAL BOTANICAL GARDEN.

       Chapter 1535 of title 36, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 153514. Authorization of appropriations

       ``(a) In General.--Subject to subsection (b), there is 
     authorized to be appropriated to the corporation for 
     operation and maintenance expenses $500,000 for each of 
     fiscal years 2008 through 2017.
       ``(b) Limitation.--Any Federal funds made available under 
     subsection (a) shall be matched on a 1-to-1 basis by non-
     Federal funds.''.
                                 F_____
                                 
  SA 5663. Mr. WHITEHOUSE (for Mr. Shelby) proposed an amendment to the 
bill H.R. 5350, to authorize the Secretary of Commerce to sell or 
exchange certain National Oceanic and Atmospheric Administration 
property located in Norfolk, Virginia, and for other purposes; as 
follows:

       Notwithstanding any other provision of law, the Secretary 
     of Commerce, through the Under Secretary and Administrator of 
     the National Oceanic and Atmospheric Administration (NOAA), 
     is authorized to enter into a land lease with Mobile County, 
     Alabama for a period of not less than 40 years, on such terms 
     and conditions as NOAA deems appropriate, for purposes of 
     construction of a Gulf of Mexico Disaster Response Center 
     facility, provided that the lease is at no cost to the 
     government. NOAA may enter into agreements with state, local, 
     or county governments for purposes of joint use, operations 
     and occupancy of such facility.
                                 ______
                                 
  SA 5664. Mr. WHITEHOUSE (for Mr. Inouye) proposed an amendment to the 
bill S. 1492, to improve the quality of federal and state data 
regarding the availability and quality of broadband services and to 
promote the deployment of affordable broadband services to all parts of 
the Nation; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

                  TITLE I--BROADBAND DATA IMPROVEMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Broadband Data Improvement 
     Act''.

     SEC. 102 FINDINGS.

       The Congress finds the following:
       (1) The deployment and adoption of broadband technology has 
     resulted in enhanced economic development and public safety 
     for communities across the Nation, improved health care and 
     educational opportunities, and a better quality of life for 
     all Americans.
       (2) Continued progress in the deployment and adoption of 
     broadband technology is vital to ensuring that our Nation 
     remains competitive and continues to create business and job 
     growth.
       (3) Improving Federal data on the deployment and adoption 
     of broadband service will assist in the development of 
     broadband technology across all regions of the Nation.
       (4) The Federal Government should also recognize and 
     encourage complementary State efforts to improve the quality 
     and usefulness of broadband data and should encourage and 
     support the partnership of the public and private sectors in 
     the continued growth of broadband services and information 
     technology for the residents and businesses of the Nation.

     SEC. 103 IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 note) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Demographic Information for Unserved Areas.--As part 
     of the inquiry required by subsection (b), the Commission 
     shall compile a list of geographical areas that are not 
     served by any provider of advanced telecommunications 
     capability (as defined by section 706(c)(1) of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 note)) and to 
     the extent that data from the Census Bureau is available, 
     determine, for each such unserved area--
       ``(1) the population;
       ``(2) the population density; and
       ``(3) the average per capita income.''.
       (b) International Comparison.--
       (1) In general.--As part of the assessment and report 
     required by section 706 of the Telecommunications Act of 1996 
     (47 U.S.C. 157 note), the Federal Communications Commission 
     shall include information comparing the extent of broadband 
     service capability

[[Page S9841]]

     (including data transmission speeds and price for broadband 
     service capability) in a total of 75 communities in at least 
     25 countries abroad for each of the data rate benchmarks for 
     broadband service utilized by the Commission to reflect 
     different speed tiers.
       (2) Contents.--The Commission shall choose communities for 
     the comparison under this subsection in a manner that will 
     offer, to the extent possible, communities of a population 
     size, population density, topography, and demographic profile 
     that are comparable to the population size, population 
     density, topography, and demographic profile of various 
     communities within the United States. The Commission shall 
     include in the comparison under this subsection--
       (A) a geographically diverse selection of countries; and
       (B) communities including the capital cities of such 
     countries.
       (3) Similarities and differences.--The Commission shall 
     identify relevant similarities and differences in each 
     community, including their market structures, the number of 
     competitors, the number of facilities-based providers, the 
     types of technologies deployed by such providers, the 
     applications and services those technologies enable, the 
     regulatory model under which broadband service capability is 
     provided, the types of applications and services used, 
     business and residential use of such services, and other 
     media available to consumers.
       (c) Consumer Survey of Broadband Service Capability.--
       (1) In general.--For the purpose of evaluating, on a 
     statistically significant basis, the national characteristics 
     of the use of broadband service capability, the Commission 
     shall conduct and make public periodic surveys of consumers 
     in urban, suburban, and rural areas in the large business, 
     small business, and residential consumer markets to 
     determine--
       (A) the types of technology used to provide the broadband 
     service capability to which consumers subscribe;
       (B) the amounts consumers pay per month for such 
     capability;
       (C) the actual data transmission speeds of such capability;
       (D) the types of applications and services consumers most 
     frequently use in conjunction with such capability;
       (E) for consumers who have declined to subscribe to 
     broadband service capability, the reasons given by such 
     consumers for declining such capability;
       (F) other sources of broadband service capability which 
     consumers regularly use or on which they rely; and
       (G) any other information the Commission deems appropriate 
     for such purpose.
       (2) Public availability.--The Commission shall make 
     publicly available the results of surveys conducted under 
     this subsection at least once per year.
       (d) Improving Census Data on Broadband.--The Secretary of 
     Commerce, in consultation with the Federal Communications 
     Commission, shall expand the American Community Survey 
     conducted by the Bureau of the Census to elicit information 
     for residential households, including those located on native 
     lands, to determine whether persons at such households own or 
     use a computer at that address, whether persons at that 
     address subscribe to Internet service and, if so, whether 
     such persons subscribe to dial-up or broadband Internet 
     service at that address.
       (e) Proprietary Information.--Nothing in this title shall 
     reduce or remove any obligation the Commission has to protect 
     proprietary information, nor shall this title be construed to 
     compel the Commission to make publicly available any 
     proprietary information.

     SEC. 104. STUDY ON ADDITIONAL BROADBAND METRICS AND 
                   STANDARDS.

       (a) In General.--The Comptroller General shall conduct a 
     study to consider and evaluate additional broadband metrics 
     or standards that may be used by industry and the Federal 
     Government to provide users with more accurate information 
     about the cost and capability of their broadband connection, 
     and to better compare the deployment and penetration of 
     broadband in the United States with other countries. At a 
     minimum, such study shall consider potential standards or 
     metrics that may be used--
       (1) to calculate the average price per megabit per second 
     of broadband offerings;
       (2) to reflect the average actual speed of broadband 
     offerings compared to advertised potential speeds and to 
     consider factors affecting speed that may be outside the 
     control of a broadband provider;
       (3) to compare, using comparable metrics and standards, the 
     availability and quality of broadband offerings in the United 
     States with the availability and quality of broadband 
     offerings in other industrialized nations, including 
     countries that are members of the Organization for Economic 
     Cooperation and Development; and
       (4) to distinguish between complementary and substitutable 
     broadband offerings in evaluating deployment and penetration.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce on the results of the study, with 
     recommendations for how industry and the Federal 
     Communications Commission can use such metrics and 
     comparisons to improve the quality of broadband data and to 
     better evaluate the deployment and penetration of comparable 
     broadband service at comparable rates across all regions of 
     the Nation.

     SEC. 105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON 
                   SMALL BUSINESSES.

       (a) In General.--Subject to appropriations, the Small 
     Business Administration Office of Advocacy shall conduct a 
     study evaluating the impact of broadband speed and price on 
     small businesses.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Office shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Small Business and 
     Entrepreneurship, the House of Representatives Committee on 
     Energy and Commerce, and the House of Representatives 
     Committee on Small Business on the results of the study, 
     including--
       (1) a survey of broadband speeds available to small 
     businesses;
       (2) a survey of the cost of broadband speeds available to 
     small businesses;
       (3) a survey of the type of broadband technology used by 
     small businesses; and
       (4) any policy recommendations that may improve small 
     businesses access to comparable broadband services at 
     comparable rates in all regions of the Nation.

     SEC. 106. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

       (a) Purposes.--The purposes of any grant under subsection 
     (b) are--
       (1) to ensure that all citizens and businesses in a State 
     have access to affordable and reliable broadband service;
       (2) to achieve improved technology literacy, increased 
     computer ownership, and broadband use among such citizens and 
     businesses;
       (3) to establish and empower local grassroots technology 
     teams in each State to plan for improved technology use 
     across multiple community sectors; and
       (4) to establish and sustain an environment ripe for 
     broadband services and information technology investment.
       (b) Establishment of State Broadband Data and Development 
     Grant Program.--
       (1) In general.--The Secretary of Commerce shall award 
     grants, taking into account the results of the peer review 
     process under subsection (d), to eligible entities for the 
     development and implementation of statewide initiatives to 
     identify and track the availability and adoption of broadband 
     services within each State.
       (2) Competitive basis.--Any grant under subsection (b) 
     shall be awarded on a competitive basis.
       (c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an eligible entity shall--
       (1) submit an application to the Secretary of Commerce, at 
     such time, in such manner, and containing such information as 
     the Secretary may require;
       (2) contribute matching non-Federal funds in an amount 
     equal to not less than 20 percent of the total amount of the 
     grant; and
       (3) agree to comply with confidentiality requirements in 
     subsection (h)(2) of this section.
       (d) Peer Review; Nondisclosure.--
       (1) In general.--The Secretary shall by regulation require 
     appropriate technical and scientific peer review of 
     applications made for grants under this section.
       (2) Review procedures.--The regulations required under 
     paragraph (1) shall require that any technical and scientific 
     peer review group--
       (A) be provided a written description of the grant to be 
     reviewed;
       (B) provide the results of any review by such group to the 
     Secretary of Commerce; and
       (C) certify that such group will enter into voluntary 
     nondisclosure agreements as necessary to prevent the 
     unauthorized disclosure of confidential and proprietary 
     information provided by broadband service providers in 
     connection with projects funded by any such grant.
       (e) Use of Funds.--A grant awarded to an eligible entity 
     under subsection (b) shall be used--
       (1) to provide a baseline assessment of broadband service 
     deployment in each State;
       (2) to identify and track--
       (A) areas in each State that have low levels of broadband 
     service deployment;
       (B) the rate at which residential and business users adopt 
     broadband service and other related information technology 
     services; and
       (C) possible suppliers of such services;
       (3) to identify barriers to the adoption by individuals and 
     businesses of broadband service and related information 
     technology services, including whether or not--
       (A) the demand for such services is absent; and
       (B) the supply for such services is capable of meeting the 
     demand for such services;
       (4) to identify the speeds of broadband connections made 
     available to individuals and businesses within the State, 
     and, at a minimum, to rely on the data rate benchmarks for 
     broadband service utilized by the Commission to reflect 
     different speed tiers, to promote greater consistency of data 
     among the States;
       (5) to create and facilitate in each county or designated 
     region in a State a local technology planning team--
       (A) with members representing a cross section of the 
     community, including representatives of business, 
     telecommunications labor

[[Page S9842]]

     organizations, K-12 education, health care, libraries, higher 
     education, community-based organizations, local government, 
     tourism, parks and recreation, and agriculture; and
       (B) which shall--
       (i) benchmark technology use across relevant community 
     sectors;
       (ii) set goals for improved technology use within each 
     sector; and
       (iii) develop a tactical business plan for achieving its 
     goals, with specific recommendations for online application 
     development and demand creation;
       (6) to work collaboratively with broadband service 
     providers and information technology companies to encourage 
     deployment and use, especially in unserved areas and areas in 
     which broadband penetration is significantly below the 
     national average, through the use of local demand 
     aggregation, mapping analysis, and the creation of market 
     intelligence to improve the business case for providers to 
     deploy;
       (7) to establish programs to improve computer ownership and 
     Internet access for unserved areas and areas in which 
     broadband penetration is significantly below the national 
     average;
       (8) to collect and analyze detailed market data concerning 
     the use and demand for broadband service and related 
     information technology services;
       (9) to facilitate information exchange regarding the use 
     and demand for broadband services between public and private 
     sectors; and
       (10) to create within each State a geographic inventory map 
     of broadband service, including the data rate benchmarks for 
     broadband service utilized by the Commission to reflect 
     different speed tiers, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     based on the geographic boundaries of where service is 
     available or unavailable among residential or business 
     customers; and
       (B) provide a baseline assessment of statewide broadband 
     deployment in terms of households with high-speed 
     availability.
       (f) Participation Limit.--For each State, an eligible 
     entity may not receive a new grant under this section to fund 
     the activities described in subsection (d) within such State 
     if such organization obtained prior grant awards under this 
     section to fund the same activities in that State in each of 
     the previous 4 consecutive years.
       (g) Reporting; Broadband Inventory Map.--The Secretary of 
     Commerce shall--
       (1) require each recipient of a grant under subsection (b) 
     to submit a report on the use of the funds provided by the 
     grant; and
       (2) create a web page on the Department of Commerce website 
     that aggregates relevant information made available to the 
     public by grant recipients, including, where appropriate, 
     hypertext links to any geographic inventory maps created by 
     grant recipients under subsection (e)(10).
       (h) Access to Aggregate Data.--
       (1) In general.--Subject to paragraph (2), the Commission 
     shall provide eligible entities access, in electronic form, 
     to aggregate data collected by the Commission based on the 
     Form 477 submissions of broadband service providers.
       (2) Limitation.--Notwithstanding any provision of Federal 
     or State law to the contrary, an eligible entity shall treat 
     any matter that is a trade secret, commercial or financial 
     information, or privileged or confidential, as a record not 
     subject to public disclosure except as otherwise mutually 
     agreed to by the broadband service provider and the eligible 
     entity. This paragraph applies only to information submitted 
     by the Commission or a broadband provider to carry out the 
     provisions of this title and shall not otherwise limit or 
     affect the rules governing public disclosure of information 
     collected by any Federal or State entity under any other 
     Federal or State law or regulation.
       (i) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an entity that is either--
       (i) an agency or instrumentality of a State, or a 
     municipality or other subdivision (or agency or 
     instrumentality of a municipality or other subdivision) of a 
     State;
       (ii) a nonprofit organization that is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and that is 
     exempt from taxation under section 501(a) of such Code; or
       (iii) an independent agency or commission in which an 
     office of a State is a member on behalf of the State; and
       (B) is the single eligible entity in the State that has 
     been designated by the State to receive a grant under this 
     section.
       (k) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this title any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.

                     TITLE II--PROTECTING CHILDREN

     SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Protecting Children in the 21st Century Act''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 201. Short title; table of contents.

           SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN

Sec. 211. Internet safety.
Sec. 212. Public awareness campaign.
Sec. 213. Annual reports.
Sec. 214. Online safety and technology working group.
Sec. 215. Promoting online safety in schools.
Sec. 216. Definitions.

          SUBTITLE B--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

Sec. 221. Child pornography prevention; forfeitures related to child 
              pornography violations.

           SUBTITLE A--PROMOTING A SAFE INTERNET FOR CHILDREN

     SEC. 211. INTERNET SAFETY.

       For the purposes of this title, the issue of Internet 
     safety includes issues regarding the use of the Internet in a 
     manner that promotes safe online activity for children, 
     protects children from cybercrimes, including crimes by 
     online predators, and helps parents shield their children 
     from material that is inappropriate for minors.

     SEC. 212. PUBLIC AWARENESS CAMPAIGN.

       The Federal Trade Commission shall carry out a nationwide 
     program to increase public awareness and provide education 
     regarding strategies to promote the safe use of the Internet 
     by children. The program shall utilize existing resources and 
     efforts of the Federal Government, State and local 
     governments, nonprofit organizations, private technology and 
     financial companies, Internet service providers, World Wide 
     Web-based resources, and other appropriate entities, that 
     includes--
       (1) identifying, promoting, and encouraging best practices 
     for Internet safety;
       (2) establishing and carrying out a national outreach and 
     education campaign regarding Internet safety utilizing 
     various media and Internet-based resources;
       (3) facilitating access to, and the exchange of, 
     information regarding Internet safety to promote up-to-date 
     knowledge regarding current issues; and
       (4) facilitating access to Internet safety education and 
     public awareness efforts the Commission considers appropriate 
     by States, units of local government, schools, police 
     departments, nonprofit organizations, and other appropriate 
     entities.

     SEC. 213. ANNUAL REPORTS.

       The Commission shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation not later 
     than March 31 of each year that describes the activities 
     carried out under section 102 by the Commission during the 
     preceding calendar year.

     SEC. 214. ONLINE SAFETY AND TECHNOLOGY WORKING GROUP.

       (a) Establishment.--Within 90 days after the date of 
     enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information shall establish an Online 
     Safety and Technology working group comprised of 
     representatives of relevant sectors of the business 
     community, public interest groups, and other appropriate 
     groups and Federal agencies to review and evaluate--
       (1) the status of industry efforts to promote online safety 
     through educational efforts, parental control technology, 
     blocking and filtering software, age-appropriate labels for 
     content or other technologies or initiatives designed to 
     promote a safe online environment for children;
       (2) the status of industry efforts to promote online safety 
     among providers of electronic communications services and 
     remote computing services by reporting apparent child 
     pornography under section 13032 of title 42, United States 
     Code, including amendments made by this Act with respect to 
     the content of such reports and any obstacles to such 
     reporting;
       (3) the practices of electronic communications service 
     providers and remote computing service providers related to 
     record retention in connection with crimes against children; 
     and
       (4) the development of technologies to help parents shield 
     their children from inappropriate material on the Internet.
       (b) Report.--Within 1 year after the working group is first 
     convened, it shall submit a report to the Assistant Secretary 
     and the Senate Committee on Commerce, Science, and 
     Transportation that--
       (1) describes in detail its findings, including any 
     information related to the effectiveness of such strategies 
     and technologies and any information about the prevalence 
     within industry of educational campaigns, parental control 
     technologies, blocking and filtering software, labeling, or 
     other technologies to assist parents; and
       (2) includes recommendations as to what types of incentives 
     could be used or developed to increase the effectiveness and 
     implementation of such strategies and technologies.
       (c) FACA Not To Apply to Working Group.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     working group.

     SEC. 215. PROMOTING ONLINE SAFETY IN SCHOOLS.

       Section 254(h)(5)(B) of the Communications Act of 1934 (47 
     U.S.C. 254(h)(5)(b)) is amended--
       (1) by striking ``and'' after the semicolon in clause (i);
       (2) by striking ``minors.'' in clause (ii) and inserting 
     ``minors; and''; and
       (3) by adding at the end the following:

[[Page S9843]]

       ``(iii) as part of its Internet safety policy is educating 
     minors about appropriate online behavior, including 
     interacting with other individuals on social networking 
     websites and in chat rooms and cyberbullying awareness and 
     response.''.

     SEC. 216. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.

           TITLE II--ENHANCING CHILD PORNOGRAPHY ENFORCEMENT

     SEC. 221. CHILD PORNOGRAPHY PREVENTION; FORFEITURES RELATED 
                   TO CHILD PORNOGRAPHY VIOLATIONS.

       (a) In General.--Section 503(b)(1) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (C);
       (2) by striking ``or 1464'' in subparagraph (D) and 
     inserting ``1464, or 2252'';
       (3) by inserting ``or'' after the semicolon in subparagraph 
     (D); and
       (4) by inserting after subparagraph (D) the following:
       ``(E) violated any provision of section 227 of the Victims 
     of Child Abuse Act of 1990 (42 U.S.C. 13032);''.
                                 ______
                                 
  SA 5665. Mr. WHITEHOUSE (for Mr. Inouye (for himself, Mrs. Hutchison, 
and Mr. Stevens)) proposed an amendment to amendment SA 5664 proposed 
by Mr. Whitehouse (for Mr. Inouye) to the bill S. 1492, to improve the 
quality of Federal and State data regarding the availability and 
quality of broadband services and to promote the deployment of 
affordable broadband services to all parts of the Nation; as follows:

       On page 19, line 19, strike ``102'' and insert ``212''.
       On page 20, beginning on line 16, strike ``amendments made 
     by this Act with respect to the content of such reports 
     and''.
       On page 23, line 7, beginning with ``amended--'' strike 
     through line 18 and insert ``amended by striking `or 1464' in 
     subparagraph (D) and inserting `1464, or 2252' ''.
                                 ______
                                 
  SA 5666. Mr. WHITEHOUSE (for Mr. Lieberman) proposed an amendment to 
the bill S. 3477, to amend title 44, United States Code, to authorize 
grants for Presidential Centers of Historical Excellence; as follows:

       At the end, add the following:

     SEC. 7. ESTABLISHMENT OF NATIONAL DATABASE FOR RECORDS OF 
                   SERVITUDE, EMANCIPATION, AND POST-CIVIL WAR 
                   RECONSTRUCTION.

       (a) In General.--The Archivist of the United States may 
     preserve relevant records and establish, as part of the 
     National Archives and Records Administration, an 
     electronically searchable national database consisting of 
     historic records of servitude, emancipation, and post-Civil 
     War reconstruction, including the Refugees, Freedman, and 
     Abandoned Land Records, Southern Claims Commission Records, 
     Records of the Freedmen's Bank, Slave Impressments Records, 
     Slave Payroll Records, Slave Manifest, and others, contained 
     within the agencies and departments of the Federal Government 
     to assist African Americans and others in conducting 
     genealogical and historical research.
       (b) Maintenance.--Any database established under this 
     section shall be maintained by the National Archives and 
     Records Administration or an entity within the National 
     Archives and Records Administration designated by the 
     Archivist of the United States.

     SEC. 8. GRANTS FOR ESTABLISHMENT OF STATE AND LOCAL DATABASES 
                   FOR RECORDS OF SERVITUDE, EMANCIPATION, AND 
                   POST-CIVIL WAR RECONSTRUCTION.

       (a) In General.--The Executive Director of the National 
     Historical Publications and Records Commission of the 
     National Archives and Records Administration may make grants 
     to States, colleges and universities, museums, libraries, and 
     genealogical associations to preserve records and establish 
     electronically searchable databases consisting of local 
     records of servitude, emancipation, and post-Civil War 
     reconstruction.
       (b) Maintenance.--Any database established using a grant 
     under this section shall be maintained by appropriate 
     agencies or institutions designated by the Executive Director 
     of the National Historical Publications and Records 
     Commission.
                                 ______
                                 
  SA 5667. Mr. WHITEHOUSE (for Mr. Inouye) proposed an amendment to the 
bill S. 1582, to reauthorize and amend the Hydrographic Services 
Improvement Act, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Hydrographic Services 
     Improvement Act Amendments of 2008''.

     SEC. 2. DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892) is amended by striking paragraphs (3), 
     (4), and (5) and inserting the following:
       ``(3) Hydrographic data.--The term `hydrographic data' 
     means information that--
       ``(A) is acquired through--
       ``(i) hydrographic, bathymetric, photogrammetric, lidar, 
     radar, remote sensing, or shoreline and other ocean- and 
     coastal-related surveying;
       ``(ii) geodetic, geospatial, or geomagnetic measurements;
       ``(iii) tide, water level, and current observations; or
       ``(iv) other methods; and
       ``(B) is used in providing hydrographic services.
       ``(4) Hydrographic services.--The term `hydrographic 
     services' means----
       ``(A) the management, maintenance, interpretation, 
     certification, and dissemination of bathymetric, 
     hydrographic, shoreline, geodetic, geospatial, geomagnetic, 
     and tide, water level, and current information, including the 
     production of nautical charts, nautical information 
     databases, and other products derived from hydrographic data;
       ``(B) the development of nautical information systems; and
       ``(C) related activities.
       ``(5) Coast and geodetic survey act.--The term `Coast and 
     Geodetic Survey Act' means the Act entitled `An Act to define 
     the functions and duties of the Coast and Geodetic Survey, 
     and for other purposes', approved August 6, 1947 (33 U.S.C. 
     883a et seq.).''.

     SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a) is amended--
       (1) by striking ``the Act of 1947,'' in subsection (a) and 
     inserting ``the Coast and Geodetic Survey Act, promote safe, 
     efficient and environmentally sound marine transportation, 
     and otherwise fulfill the purposes of this Act,'';
       (2) by striking ``data;'' in subsection (a)(1) and 
     inserting ``data and provide hydrographic services;'' and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Authorities.--To fulfill the data gathering and 
     dissemination duties of the Administration under the Coast 
     and Geodetic Survey Act, promote safe, efficient, and 
     environmentally sound marine transportation, and otherwise 
     fulfill the purposes of this Act, subject to the availability 
     of appropriations, the Administrator--
       ``(1) may procure, lease, evaluate, test, develop, and 
     operate vessels, equipment, and technologies necessary to 
     ensure safe navigation and maintain operational expertise in 
     hydrographic data acquisition and hydrographic services;
       ``(2) shall, subject to the availability of appropriations, 
     design, install, maintain, and operate real-time hydrographic 
     monitoring systems to enhance navigation safety and 
     efficiency; and
       ``(3) where appropriate and to the extent that it does not 
     detract from the promotion of safe and efficient navigation, 
     may acquire hydrographic data and provide hydrographic 
     services to support the conservation and management of 
     coastal and ocean resources;
       ``(4) where appropriate, may acquire hydrographic data and 
     provide hydrographic services to save and protect life and 
     property and support the resumption of commerce in response 
     to emergencies, natural and man-made disasters, and homeland 
     security and maritime domain awareness needs, including 
     obtaining mission assignments (as defined in section 641 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 741));
       ``(5) may create, support, and maintain such joint centers 
     with other Federal agencies and other entities as the 
     Administrator deems appropriate or necessary to carry out the 
     purposes of this Act; and
       ``(6) notwithstanding the existence of such joint centers, 
     shall award contracts for the acquisition of hydrographic 
     data in accordance with subchapter VI of chapter 10 of title 
     40, United States Code.''.

     SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 305(c)(1)(A) of the Hydrographic Services 
     Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended 
     to read as follows: ``(A) The panel shall consist of 15 
     voting members who shall be appointed by the Administrator. 
     The Co-directors of the Center for Coastal and Ocean Mapping/
     Joint Hydrographic Center and no more than 2 employees of the 
     National Oceanic and Atmospheric Administration appointed by 
     the Administrator shall serve as nonvoting members of the 
     panel. The voting members of the panel shall be individuals 
     who, by reason of knowledge, experience, or training, are 
     especially qualified in 1 or more of the disciplines and 
     fields relating to hydrographic data and hydrographic 
     services, marine transportation, port administration, vessel 
     pilotage, coastal and fishery management, and other 
     disciplines as determined appropriate by the 
     Administrator.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d) is amended to read as follows:

     ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Administrator the following:

[[Page S9844]]

       ``(1) To carry out nautical mapping and charting functions 
     under sections 304 and 305, except for conducting 
     hydrographic surveys--
       ``(A) $55,000,000 for fiscal year 2009;
       ``(B) $56,000,000 for fiscal year 2010;
       ``(C) $57,000,000 for fiscal year 2011; and
       ``(D) $58,000,000 for fiscal year 2012.
       ``(2) To contract for hydrographic surveys under section 
     304(b)(1), including the leasing or time chartering of 
     vessels--
       ``(A) $32,130,000 for fiscal year 2009;
       ``(B) $32,760,000 for fiscal year 2010;
       ``(C) $33,390,000 for fiscal year 2011; and
       ``(D) $34,020,000 for fiscal year 2012.
       ``(3) To operate hydrographic survey vessels owned by the 
     United States and operated by the Administration--
       ``(A) $25,900,000 for fiscal year 2009;
       ``(B) $26,400,000 for fiscal year 2010;
       ``(C) $26,900,000 for fiscal year 2011; and
       ``(D) $27,400,000 for fiscal year 2012.
       ``(4) To carry out geodetic functions under this title--
       ``(A) $32,640,000 for fiscal year 2009;
       ``(B) $33,280,000 for fiscal year 2010;
       ``(C) $33,920,000 for fiscal year 2011; and
       ``(D) $34,560,000 for fiscal year 2012.
       ``(5) To carry out tide and current measurement functions 
     under this title--
       ``(A) $27,000,000 for fiscal year 2009;
       ``(B) $27,500,000 for fiscal year 2010;
       ``(C) $28,000,000 for fiscal year 2011; and
       ``(D) $28,500,000 for fiscal year 2012.
       ``(6) To acquire a replacement hydrographic survey vessel 
     capable of staying at sea continuously for at least 30 days 
     $75,000,000.''.

     SEC. 6. AUTHORIZED NOAA CORPS STRENGTH.

       Section 215 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3005) is amended to read as follows:

     ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

       ``Effective October 1, 2009, the total number of authorized 
     commissioned officers on the lineal list of the commissioned 
     corps of the National Oceanic and Atmospheric Administration 
     shall be increased from 321 to 379 if--
       ``(1) the Secretary has submitted to the Congress--
       ``(A) the Administration's ship recapitalization plan for 
     fiscal years 2010 through 2024;
       ``(B) the Administration's aircraft remodernization plan; 
     and
       ``(C) supporting workforce management plans;
       ``(2) appropriated funding is available; and
       ``(3) the Secretary has justified organizational needs for 
     the commissioned corps for each such fiscal year.''
                                 ______
                                 
  SA 5668. Mr. WHITEHOUSE (for Mr. Inouye) proposed an amendment to the 
bill H.R. 5618, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Sea Grant College 
     Program Amendments Act of 2008''.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided therein, whenever in 
     this Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Sea Grant College Program Act 
     (33 U.S.C. 1121 et seq.).

     SEC. 3. FINDINGS AND PURPOSE.

       (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is 
     amended--
       (1) by striking subparagraphs (D) and (E) of paragraph (1) 
     and inserting the following:
       ``(D) encourage the development of preparation, forecast, 
     analysis, mitigation, response, and recovery systems for 
     coastal hazards;
       ``(E) understand global environmental processes and their 
     impacts on ocean, coastal, and Great Lakes resources; and'';
       (2) by striking ``program of research, education,'' in 
     paragraph (2) and inserting ``program of integrated research, 
     education, extension,''; and
       (3) by striking paragraph (6) and inserting the following:
       ``(6) The National Oceanic and Atmospheric Administration, 
     through the national sea grant college program, offers the 
     most suitable locus and means for such commitment and 
     engagement through the promotion of activities that will 
     result in greater such understanding, assessment, 
     development, management, utilization, and conservation of 
     ocean, coastal, and Great Lakes resources. The most cost-
     effective way to promote such activities is through continued 
     and increased Federal support of the establishment, 
     development, and operation of programs and projects by sea 
     grant colleges, sea grant institutes, and other institutions, 
     including strong collaborations between Administration 
     scientists and research and outreach personnel at academic 
     institutions.''.
       (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended 
     by striking ``to promote research, education, training, and 
     advisory service activities'' and inserting ``to promote 
     integrated research, education, training, and extension 
     services and activities''.
       (c) Terminology.--Subsections (a) and (b) of section 202 
     (15 U.S.C. 1121(a) and (b)) are amended by inserting 
     ``management,'' after ``development,'' each place it appears.

     SEC. 4. DEFINITIONS.

       (a) In General.--Section 203 (33 U.S.C. 1122) is amended--
       (1) in paragraph (4) by inserting ``management,'' after 
     ``development,'';
       (2) in paragraph (11) by striking ``advisory services'' and 
     inserting ``extension services''; and
       (3) in each of paragraphs (12) and (13) by striking ``(33 
     U.S.C. 1126)''.
       (b) Repeal.--Section 307 of the Act entitled ``An Act to 
     provide for the designation of the Flower Garden Banks 
     National Marine Sanctuary'' (Public Law 102-251; 106 Stat. 
     66) is repealed.

     SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.

       (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) 
     is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) sea grant programs that comprise a national sea grant 
     college program network, including international projects 
     conducted within such programs and regional and national 
     projects conducted among such programs;'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) administration of the national sea grant college 
     program and this title by the national sea grant office and 
     the Administration;''; and
       (3) by amending paragraph (4) to read as follows:
       ``(4) any regional or national strategic investments in 
     fields relating to ocean, coastal, and Great Lakes resources 
     developed in consultation with the Board and with the 
     approval of the sea grant colleges and the sea grant 
     institutes.''.
       (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 
     1123(c)(2)) is amended by striking ``Within 6 months of the 
     date of enactment of the National Sea Grant College Program 
     Reauthorization Act of 1998, the'' and inserting ``The''.
       (c) Functions of Director of National Sea Grant College 
     Program.--Section 204(d) (33 U.S.C. 1123(d)) is amended--
       (1) in paragraph (2)(A), by striking ``long range'';
       (2) in paragraph (3)(A)--
       (A) by striking ``(A)(i) evaluate'' and inserting ``(A) 
     evaluate and assess'';
       (B) by striking ``activities; and'' and inserting 
     ``activities;''; and
       (C) by striking clause (ii); and
       (3) in paragraph (3)(B)--
       (A) by redesignating clauses (ii) through (iv) as clauses 
     (iii) through (v), respectively, and by inserting after 
     clause (i) the following:
       ``(ii) encourage collaborations among sea grant colleges 
     and sea grant institutes to address regional and national 
     priorities established under subsection (c)(1);'';
       (B) in clause (iii) (as so redesignated) by striking 
     ``encourage'' and inserting ``ensure'';
       (C) in clause (iv) (as so redesignated) by striking ``and'' 
     after the semicolon;
       (D) by inserting after clause (v) (as so redesignated) the 
     following:
       ``(vi) encourage cooperation with Minority Serving 
     Institutions to enhance collaborative research opportunities 
     and increase the number of such students graduating in NOAA 
     science areas; and''.

     SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.

       Section 205 (33 U.S.C. 1124) is amended--
       (1) by striking ``204(c)(4)(F).'' in subsection (a) and 
     inserting ``204(c)(4)(F) or that are appropriated under 
     section 208(b).''; and
       (2) by striking the matter following paragraph (3) in 
     subsection (b) and inserting the following:
       ``The total amount that may be provided for grants under 
     this subsection during any fiscal year shall not exceed an 
     amount equal to 5 percent of the total funds appropriated for 
     such year under section 212.''.

     SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA 
                   GRANT INSTITUTES.

       Section 207(a) (33 U.S.C. 1126(a)) is amended in each of 
     paragraphs (2)(B) and (3)(B) by striking ``advisory 
     services'' and inserting ``extension services''.

     SEC. 8. FELLOWSHIPS.

       Section 208(a) (33 U.S.C. 1127) is amended--
       (1) by striking ``Not later than 1 year after the date of 
     the enactment of the National Sea Grant College Program Act 
     Amendments of 2002, and every 2 years thereafter,'' in 
     subsection (a) and inserting ``Every 2 years,''; and
       (2) by adding at the end the following:
       ``(c) Restriction on Use of Funds.--Amounts available for 
     fellowships under this section, including amounts accepted 
     under section 204(c)(4)(F) or appropriated under section 212 
     to implement this section, shall be used only for award of 
     such fellowships and administrative costs of implementing 
     this section.''

     SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.

       (a) Redesignation of Sea Grant Review Panel as Board.--
       (1) Redesignation.--The sea grant review panel established 
     by section 209 of the National Sea Grant College Program Act 
     (33 U.S.C. 1128), as in effect before the date of the 
     enactment of this Act, is redesignated as the National Sea 
     Grant Advisory Board.
       (2) Membership not affected.--An individual serving as a 
     member of the sea grant

[[Page S9845]]

     review panel immediately before date of the enactment of this 
     Act may continue to serve as a member of the National Sea 
     Grant Advisory Board until the expiration of such member's 
     term under section 209(c) of such Act (33 U.S.C. 1128(c)).
       (3) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to such 
     sea grant review panel is deemed to be a reference to the 
     National Sea Grant Advisory Board.
       (4) Conforming amendments.--
       (A) In general.--Section 209 (33 U.S.C. 1128) is amended by 
     striking so much as precedes subsection (b) and inserting the 
     following:

     ``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

       ``(a) Establishment.--There shall be an independent 
     committee to be known as the National Sea Grant Advisory 
     Board.''.
       (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) is 
     amended to read as follows:
       ``(9) The term `Board' means the National Sea Grant 
     Advisory Board established under section 209.'';
       (C) Other provisions.--The following provisions are each 
     amended by striking ``panel'' each place it appears and 
     inserting ``Board'':
       (i) Section 204 (33 U.S.C. 1123).
       (ii) Section 207 (33 U.S.C. 1126).
       (iii) Section 209 (33 U.S.C. 1128).
       (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended 
     to read as follows:
       ``(b) Duties.--
       ``(1) In general.--The Board shall advise the Secretary and 
     the Director concerning--
       ``(A) strategies for utilizing the sea grant college 
     program to address the Nation's highest priorities regarding 
     the understanding, assessment, development, management, 
     utilization, and conservation of ocean, coastal, and Great 
     Lakes resources;
       ``(B) the designation of sea grant colleges and sea grant 
     institutes; and
       ``(C) such other matters as the Secretary refers to the 
     Board for review and advice.
       ``(2) Biennial report.--The Board shall report to the 
     Congress every two years on the state of the national sea 
     grant college program. The Board shall indicate in each such 
     report the progress made toward meeting the priorities 
     identified in the strategic plan in effect under section 
     204(c). The Secretary shall make available to the Board such 
     information, personnel, and administrative services and 
     assistance as it may reasonably require to carry out its 
     duties under this title.''.
       (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 
     U.S.C. 1128(c)(1)) is amended--
       (1) by inserting ``coastal management,'' after ``resource 
     management,''; and
       (2) by inserting ``management,'' after ``development,''.
       (d) Extension of Term.--Section 209(c)(3) (33 U.S.C. 
     1128(c)(3)) is amended by striking the second sentence and 
     inserting the following: ``The Director may extend the term 
     of office of a voting member of the Board once by up to 1 
     year.''.
       (e) Establishment of Subcommittees.--Section 209(c) (33 
     U.S.C. 1128(c)) is amended by adding at the end the 
     following:
       ``(8) The Board may establish such subcommittees as are 
     reasonably necessary to carry out its duties under subsection 
     (b). Such subcommittees may include individuals who are not 
     Board members.''.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       Section 212 of the National Sea Grant College Program Act 
     (33 U.S.C. 1131) is amended--
       (1) by striking subsection (a)(1) and inserting the 
     following:''
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $72,000,000 for fiscal year 2009;
       ``(B) $75,600,000 for fiscal year 2010;
       ``(C) $79,380,000 for fiscal year 2011;
       ``(D) $83,350,000 for fiscal year 2012;
       ``(E) $87,520,000 for fiscal year 2013; and
       ``(F) $91,900,000 for fiscal year 2014.'';
       (2) in subsection (a)(2)--
       (A) by striking ``fiscal years 2003 through 2008--'' and 
     inserting ``fiscal years 2009 through 2014--'';
       (B) by striking ``biology and control of zebra mussels and 
     other important aquatic'' in subparagraph (A) and inserting 
     ``biology, prevention, and control of aquatic''; and
       (C) by striking ``blooms, including Pfiesteria piscicida; 
     and'' in subparagraph (C) and inserting ``blooms; and'';
       (3) in subsection (c)(1) by striking ``rating under section 
     204(d)(3)(A)'' and inserting ``performance assessments''; and
       (4) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) regional or national strategic investments authorized 
     under section 204(b)(4);''.
                                 ______
                                 
  SA 5669. Mr. WHITEHOUSE (for Mr. Kyl) proposed an amendment to the 
bill S. 2913, to provide a limitation on judicial remedies in copyright 
infringement cases involving orphan works; as follows:

       On page 19, line 21, strike all through page 20, line 12.
       On page 20, line 13, strike ``(2)'' and insert ``(1)''.
       On page 21, line 10, strike ``(3)'' and insert ``(2)''.
       On page 21, line 16, strike ``(4)'' and insert ``(3)''.
       On page 23, line 15, insert ``and'' at the end.
       On page 23, strike lines 16 through 20.
       On page 23, line 21, strike ``(vi)'' and insert ``(v)''.
       On page 25, line 1, strike all through page 27, line 7 and 
     insert the following:
       ``(i) In general.--A search qualifies under paragraph 
     (1)(A)(i)(I) if the infringer, a person acting on behalf of 
     the infringer, or any person jointly and severally liable 
     with the infringer for the infringement, undertakes a 
     diligent effort that is reasonable under the circumstances to 
     locate the owner of the infringed copyright prior to, and at 
     a time reasonably proximate to, the infringement.
       ``(ii) Diligent effort.--For purposes of clause (i), a 
     diligent effort--

       ``(I) requires, at a minimum--

       ``(aa) a search of the records of the Copyright Office that 
     are available to the public through the Internet and relevant 
     to identifying and locating copyright owners, provided there 
     is sufficient identifying information on which to construct a 
     search;
       ``(bb) a search of reasonably available sources of 
     copyright authorship and ownership information and, where 
     appropriate, licensor information;
       ``(cc) use of appropriate technology tools, printed 
     publications, and where reasonable, internal or external 
     expert assistance; and
       ``(dd) use of appropriate databases, including databases 
     that are available to the public through the Internet; and

       ``(II) shall include any actions that are reasonable and 
     appropriate under the facts relevant to the search, including 
     actions based on facts known at the start of the search and 
     facts uncovered during the search, and including a review, as 
     appropriate, of Copyright Office records not available to the 
     public through the Internet that are reasonably likely to be 
     useful in identifying and locating the copyright owner.

       ``(iii) Consideration of recommended practices.--A 
     qualifying search under this subsection shall ordinarily be 
     based on the applicable statement of Recommended Practices 
     made available by the Copyright Office and additional 
     appropriate best practices of authors, copyright owners, and 
     users to the extent such best practices incorporate the 
     expertise of persons with specialized knowledge with respect 
     to the type of work for which the search is being conducted.
       ``(iv) Lack of identifying information.--The fact that, in 
     any given situation,--

       ``(I) a particular copy or phonorecord lacks identifying 
     information pertaining to the owner of the infringed 
     copyright; or
       ``(II) an owner of the infringed copyright fails to respond 
     to any inquiry or other communication about the work,

     shall not be deemed sufficient to meet the conditions under 
     paragraph (1)(A)(i)(I).
       ``(v) Use of resources for charge.--A qualifying search 
     under paragraph (1)(A)(i)(I) may require use of resources for 
     which a charge or subscription is imposed to the extent 
     reasonable under the circumstances.
       ``(B) Information to guide searches; recommended 
     practices.--
       ``(i) Statements of recommended practices.--The Register of 
     Copyrights shall maintain and make available to the public 
     and, from time to time, update at least one statement of 
     Recommended Practices for each category, or, in the 
     Register's discretion, subcategory of work under section 
     102(a) of this title, for conducting and documenting a search 
     under this subsection. Such statement will ordinarily include 
     reference to materials, resources, databases, and technology 
     tools that are relevant to a search. The Register may 
     maintain and make available more than one statement of 
     Recommended Practices for each category or subcategory, as 
     appropriate.
       ``(ii) Consideration of relevant materials.--In maintaining 
     and making available and, from time to time, updating the 
     Recommended Practices in clause (i), the Register of 
     Copyrights shall, at the Register's discretion, consider 
     materials, resources, databases, technology tools, and 
     practices that are reasonable and relevant to the qualifying 
     search. The Register shall consider any comments submitted to 
     the Copyright Office by the Small Business Administration 
     Office of Advocacy. The Register shall also, to the extent 
     practicable, take the impact on copyright owners that are 
     small businesses into consideration when modifying and 
     updating best practices.
       On page 30, strike lines 1 through 15 and insert the 
     following:
       ``(C) Limitations.--The limitations on injunctive relief 
     under subparagraphs (A) and (B) shall not be available to an 
     infringer or a representative of the infringer acting in an 
     official capacity if the infringer asserts that neither the 
     infringer nor any representative of the infringer acting in 
     an official capacity is subject to suit in the courts of the 
     United States for an award of damages for the infringement, 
     unless the court finds that the infringer--
       ``(i) has complied with the requirements of subsection (b); 
     and
       ``(ii) pays reasonable compensation to the owner of the 
     exclusive right under the infringed copyright in a reasonably 
     timely manner after the amount of reasonable compensation has 
     been agreed upon with the owner or determined by the court.
       On page 31, line 23, insert ``commercial'' after ``other''.
       On page 33, line 17, insert ``Prior to certifying that 
     databases are available under this section, the Register 
     shall determine, to the extent practicable, their impact on 
     copyright owners that are small businesses and

[[Page S9846]]

     consult with the Small Business Administration Office of 
     Advocacy regarding those impacts. The Register shall consider 
     the Office of Advocacy's comments and respond to any 
     concerns.'' after the period.
                                 ______
                                 
  SA 5670. Mr. WHITEHOUSE (for Mr. Reid) proposed an amendment to the 
bill H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

       At the end, add the following:
       The provisions of this act shall become effective 2 days 
     after enactment.
                                 ______
                                 
  SA 5671. Mr. WHITEHOUSE (for Mr. Reid) proposed an amendment to 
amendment SA 5670 proposed by Mr. WHITEHOUSE (for Mr. Reid) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

       In the amendment, strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 5672. Mr. WHITEHOUSE (for Mr. Thune (for himself, Mr. Cardin, and 
Mr. Lautenberg)) proposed an amendment to the bill S. 3109, to amend 
the Solid Waste Disposal Act to direct the Administrator of the 
Environmental Protection Agency to establish a hazardous waste 
electronic manifest system; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hazardous Waste Electronic 
     Manifest Establishment Act''.

     SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

       (a) In General.--Subtitle C of the Solid Waste Disposal Act 
     (42 U.S.C. 6921 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.

       ``(a) Definitions.--In this section:
       ``(1) Board.--The term `Board' means the Hazardous Waste 
     Electronic Manifest System Governing Board established under 
     subsection (f).
       ``(2) Fund.--The term `Fund' means the Hazardous Waste 
     Electronic Manifest System Fund established by subsection 
     (d).
       ``(3) Person.--The term `person' includes an individual, 
     corporation (including a Government corporation), company, 
     association, firm, partnership, society, joint stock company, 
     trust, municipality, commission, Federal agency, State, 
     political subdivision of a State, or interstate body.
       ``(4) System.--The term `system' means the hazardous waste 
     electronic manifest system established under subsection (b).
       ``(5) User.--The term `user' means a hazardous waste 
     generator, a hazardous waste transporter, an owner or 
     operator of a hazardous waste treatment, storage, recycling, 
     or disposal facility, or any other person that--
       ``(A) is required to use a manifest to comply with any 
     Federal or State requirement to track the shipment, 
     transportation, and receipt of hazardous waste or other 
     material that is shipped from the site of generation to an 
     off-site facility for treatment, storage, disposal, or 
     recycling; and
       ``(B)(i) elects to use the system to complete and transmit 
     an electronic manifest format; or
       ``(ii) submits to the system for data processing purposes a 
     paper copy of the manifest (or data from such a paper copy), 
     in accordance with such regulations as the Administrator may 
     promulgate to require such a submission.
       ``(b) Establishment.--Not later than 3 years after the date 
     of enactment of this section, the Administrator shall 
     establish a hazardous waste electronic manifest system that 
     may be used by any user.
       ``(c) User Fees.--
       ``(1) In general.--The Administrator may impose on users 
     such reasonable service fees as the Administrator determines 
     to be necessary to pay costs incurred in developing, 
     operating, maintaining, and upgrading the system, including 
     any costs incurred in collecting and processing data from any 
     paper manifest submitted to the system after the date on 
     which the system enters operation.
       ``(2) Collection of fees.--The Administrator shall--
       ``(A) collect the fees described in paragraph (1) from the 
     users in advance of, or as reimbursement for, the provision 
     by the Administrator of system-related services; and
       ``(B) deposit the fees in the Fund for use in accordance 
     with this subsection.
       ``(3) Fee structure.--
       ``(A) In general.--The Administrator, in consultation with 
     information technology vendors, shall determine through the 
     contract award process described in subsection (e) the fee 
     structure that is necessary to recover the full cost to the 
     Administrator of providing system-related services, including 
     costs relating to--
       ``(i) materials and supplies;
       ``(ii) contracting and consulting;
       ``(iii) overhead;
       ``(iv) information technology (including costs of hardware, 
     software, and related services);
       ``(v) information management;
       ``(vi) collection of service fees;
       ``(vii) investment of any unused service fees;
       ``(viii) reporting and accounting;
       ``(ix) employment of direct and indirect Government 
     personnel dedicated to establishing and maintaining the 
     system; and
       ``(x) project management.
       ``(B) Adjustments in fee amount.--
       ``(i) In general.--The Administrator shall increase or 
     decrease amount of a service fee determined under the fee 
     structure described in subparagraph (A) to a level that 
     will--

       ``(I) result in the collection of an aggregate amount for 
     deposit in the Fund that is sufficient to cover current and 
     projected system-related costs (including any necessary 
     system upgrades); and
       ``(II) minimize, to the maximum extent practicable, the 
     accumulation of unused amounts in the Fund.

       ``(ii) Exception for initial period of operation.--The 
     requirement described in clause (i)(II) shall not apply to 
     any additional fees that accumulate in the Fund, in an amount 
     that does not exceed $2,000,000, during the 3-year period 
     beginning on the date on which the system enters operation.
       ``(iii) Timing of adjustments.--Adjustments to service fees 
     described in clause (i) shall be made--

       ``(I) initially, at the time at which initial development 
     costs of the system have been recovered by the Administrator 
     such that the service fee may be reduced to reflect the 
     elimination of the system development component of the fee; 
     and
       ``(II) periodically thereafter, upon receipt and acceptance 
     of the findings of any annual accounting or auditing report 
     under subsection (d)(6), if the report discloses a 
     significant disparity for a fiscal year between the funds 
     collected from service fees under this subsection for the 
     fiscal year and expenditures made for the fiscal year to 
     provide system-related services.

       ``(d) Hazardous Waste Electronic Manifest System Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a revolving fund, to be known as the 
     `Hazardous Waste Electronic Manifest System Fund', consisting 
     of--
       ``(A) such amounts as are appropriated to the Fund under 
     paragraph (2); and
       ``(B) any interest earned on investment of amounts in the 
     Fund under paragraph (4).
       ``(2) Transfers to fund.--There are appropriated to the 
     Fund amounts equivalent to amounts collected as fees and 
     received by the Administrator under subsection (c).
       ``(3) Expenditures from fund.--
       ``(A) In general.--Subject to paragraph (2), on request by 
     the Administrator, the Secretary of the Treasury shall 
     transfer from the Fund to the Administrator such amounts as 
     the Administrator determines to be necessary to pay costs 
     incurred in developing, operating, maintaining, and upgrading 
     the system under subsection (c).
       ``(B) Use of funds.--
       ``(i) In general.--Fees collected by the Administrator and 
     deposited in the Fund under this section shall be available 
     to the Administrator for use in accordance with this section 
     without fiscal year limitation and without further 
     appropriation.
       ``(ii) Oversight.--The Administrator shall carry out all 
     necessary measures to ensure that amounts in the Fund are 
     used only to carry out the goals of establishing, operating, 
     maintaining, upgrading, managing, supporting, and overseeing 
     the system.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury and the Administrator, required 
     to meet current withdrawals.
       ``(B) Interest-bearing obligations.--Investments may be 
     made only in--
       ``(i) interest-bearing obligations of the United States; or
       ``(ii) obligations, participations, or other instruments 
     that are lawful investments for fiduciaries, trusts, or 
     public funds, as determined by the Secretary of the Treasury.
       ``(C) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(D) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(E) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund.
       ``(5) Transfers of amounts.--
       ``(A) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(B) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       ``(6) Accounting and auditing.--
       ``(A) Accounting.--For each 2-fiscal-year period, the 
     Administrator shall prepare and submit to Congress a report 
     that includes--
       ``(i) an accounting of the fees paid to the Administrator 
     under subsection (c) and disbursed from the Fund for the 
     period covered

[[Page S9847]]

     by the report, as reflected by financial statements provided 
     in accordance with--

       ``(I) the Chief Financial Officers Act of 1990 (Public Law 
     101-576; 104 Stat. 2838) and amendments made by that Act; and
       ``(II) the Government Management Reform Act of 1994 (Public 
     Law 103-356; 108 Stat. 3410) and amendments made by that Act; 
     and

       ``(ii) an accounting describing actual expenditures from 
     the Fund for the period covered by the report for costs 
     described in subsection (c)(1).
       ``(B) Auditing.--
       ``(i) In general.--For the purpose of section 3515(c) of 
     title 31, United States Code, the Fund shall be considered a 
     component of an Executive agency.
       ``(ii) Components of audit.--The annual audit required in 
     accordance with sections 3515(b) and 3521 of title 31, United 
     States Code, of the financial statements of activities 
     carried out using amounts from the Fund shall include an 
     analysis of--

       ``(I) the fees collected and disbursed under this section;
       ``(II) the reasonableness of the fee structure in place as 
     of the date of the audit to meet current and projected costs 
     of the system;
       ``(III) the level of use of the system by users; and
       ``(IV) the success to date of the system in operating on a 
     self-sustaining basis and improving the efficiency of 
     tracking waste shipments and transmitting waste shipment 
     data.

       ``(iii) Federal responsibility.--The Inspector General of 
     the Environmental Protection Agency shall--

       ``(I) conduct the annual audit described in clause (ii); 
     and
       ``(II) submit to the Administrator a report that describes 
     the findings and recommendations of the Inspector General 
     resulting from the audit.

       ``(e) Contracts.--
       ``(1) Authority to enter into contracts funded by service 
     fees.--The Administrator may enter into 1 or more information 
     technology contracts with entities determined to be 
     appropriate by the Administrator (referred to in this 
     subsection as `contractors') under which--
       ``(A) the Administrator agrees to award a contract for the 
     provision of system-related services; and
       ``(B) the contractor agrees to assume the initial risk of 
     the information technology investment, and to obtain 
     reimbursement for investment costs, operating costs, and 
     other fees, by receiving as payment an agreed-upon share of 
     the amounts collected as fees by the Administrator under 
     subsection (c).
       ``(2) Term of contract.--A contract awarded under this 
     subsection shall have a term of not more than 10 years.
       ``(3) Achievement of goals.--The Administrator shall 
     ensure, to the maximum extent practicable, that a contract 
     awarded under this subsection--
       ``(A) is performance-based;
       ``(B) identifies objective outcomes; and
       ``(C) contains performance standards that may be used to 
     measure achievement and goals to evaluate the success of a 
     contractor in performing under the contract and the right of 
     the contractor to payment for services under the contract, 
     taking into consideration that a primary measure of 
     successful performance shall be the development of a 
     hazardous waste electronic manifest system that--
       ``(i) meets the needs of the user community (including 
     States that rely on data contained in manifests); and
       ``(ii) attracts sufficient user participation and service 
     fee revenues to ensure the viability of the system.
       ``(4) Payment structure.--Each contract awarded under this 
     subsection shall include a provision that specifies--
       ``(A) the service fee structure of the contractor that will 
     form the basis for payments to the contractor;
       ``(B) the fixed-share ratio of monthly service fee revenues 
     from which the Administrator shall reimburse the contractor 
     for system-related development, operation, and maintenance 
     costs and provide an additional profit or fee commensurate 
     with the risk undertaken by the contractor in performing in 
     accordance with the contract;
       ``(C) the amount of additional transactional costs 
     attributed to--
       ``(i) the ancillary costs of the Administrator in 
     implementing and managing the system, including the costs of 
     integrating the applications of the contractor with the 
     central data exchange architecture of the Environmental 
     Protection Agency;
       ``(ii) the direct and indirect personnel costs incurred by 
     the Administrator to employ personnel dedicated to the 
     implementation and management of the system; and
       ``(iii) expenses incurred in procuring any independent 
     contractor services to assist staff of the Administrator in 
     the preparation of financial statements and reports and the 
     conduct of regular user group and governance meetings 
     necessary for the oversight of the system.
       ``(5) Cancellation and termination.--
       ``(A) In general.--If the Administrator determines that 
     sufficient funds are not made available for the continuation 
     in a subsequent fiscal year of a contract entered into under 
     this subsection, the Administrator shall cancel or terminate 
     the contract.
       ``(B) Costs.--The costs of cancellation or termination 
     under subparagraph (A) may be paid using--
       ``(i) appropriations available for performance of the 
     contract;
       ``(ii) unobligated appropriations available for acquisition 
     of the information technology procured under the contract; or
       ``(iii) funds subsequently appropriated for payment of 
     costs of the cancellation or termination.
       ``(C) Negotiation of amounts.--The amount payable in the 
     event of cancellation or termination of a contract entered 
     into under this subsection shall be negotiated with the 
     contractor at the time at which the contract is awarded.
       ``(D) Authority to enter into contracts.--The Administrator 
     may enter into a contract under this subsection for any 
     fiscal year, regardless of whether funds are made 
     specifically available for the full costs of cancellation or 
     termination of the contract, if--
       ``(i) funds are available at the time at which the contract 
     is awarded to make payments with respect to a contingent 
     liability in an amount equal to at least 100 percent of the 
     estimated costs of a cancellation or termination during the 
     first fiscal year of the contract, as determined by the 
     Administrator; or
       ``(ii) funds described in clause (i) are not available as 
     described in that clause, but the contractor--

       ``(I) is informed of the amount of any unfunded contingent 
     liability; and
       ``(II) agrees to perform the contract despite the unfunded 
     contingent liability.

       ``(6) No effect on ownership.--Regardless of whether the 
     Administrator enters into a contract under this subsection, 
     the system shall be owned by the Federal Government.
       ``(f) Hazardous Waste Electronic Manifest System Governing 
     Board.--
       ``(1) Establishment.--Not later than 3 years after the date 
     of enactment of this section, the Administrator shall 
     establish a board to be known as the `Hazardous Waste 
     Electronic Manifest System Governing Board'.
       ``(2) Composition.--The Board shall be composed of 7 
     members, of which--
       ``(A) 1 member shall be the Administrator (or a designee), 
     who shall serve as Chairperson of the Board; and
       ``(B) 6 members shall be individuals appointed by the 
     Administrator--
       ``(i) at least 1 of whom shall have expertise in 
     information technology;
       ``(ii) at least 1 of whom shall have experience in using 
     the manifest system to track the transportation of hazardous 
     waste under this subtitle (or an equivalent State program); 
     and
       ``(iii) at least 1 of whom shall be a State representative 
     responsible for processing those manifests.
       ``(3) Duties.--The Board shall meet annually to discuss, 
     evaluate the effectiveness of, and provide recommendations to 
     the Administrator relating to, the system.
       ``(g) Regulations.--
       ``(1) Promulgation.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall promulgate 
     regulations to carry out this section.
       ``(B) Inclusions.--The regulations promulgated pursuant to 
     subparagraph (A) may include such requirements as the 
     Administrator determines to be necessary to facilitate the 
     transition from the use of paper manifests to the use of 
     electronic manifests, or to accommodate the processing of 
     data from paper manifests in the electronic manifest system, 
     including a requirement that users of paper manifests submit 
     to the system copies of the paper manifests for data 
     processing purposes.
       ``(C) Requirements.--The regulations promulgated pursuant 
     to subparagraph (A) shall ensure that each electronic 
     manifest provides, to the same extent as paper manifests 
     under applicable Federal and State law, for--
       ``(i) the ability to track and maintain legal 
     accountability of--

       ``(I) the person that certifies that the information 
     provided in the manifest is accurately described; and
       ``(II) the person that acknowledges receipt of the 
     manifest;

       ``(ii) if the manifest is electronically submitted, State 
     authority to access paper copies of manifest; and
       ``(iii) access to all publicly-available information 
     contained in the manifest.
       ``(2) Effective date of regulations.--Any regulation 
     promulgated by the Administrator under paragraph (1) and in 
     accordance with section 3003 relating to electronic 
     manifesting of hazardous waste shall take effect in each 
     State as of the effective date specified in the regulation.
       ``(3) Administration.--The Administrator shall carry out 
     regulations promulgated under this subsection in each State 
     unless the State program is fully authorized to carry out 
     those regulations in lieu of the Administrator.
       ``(h) Requirement of Compliance With Respect to Certain 
     States.--In any case in which the State in which waste is 
     generated, or the State in which waste will be transported to 
     a designated facility, requires that the waste be tracked 
     through a hazardous waste manifest, the designated facility 
     that receives the waste shall, regardless of the State in 
     which the facility is located--
       ``(1) complete the facility portion of the applicable 
     manifest;
       ``(2) sign and date the facility certification; and
       ``(3) submit to the system a final copy of the manifest for 
     data processing purposes.''.

[[Page S9848]]

       (b) Conforming Amendment.--The table of contents of the 
     Solid Waste Disposal Act (42 U.S.C. 6901) is amended by 
     inserting at the end of the items relating to subtitle C the 
     following:

``Sec. 3024. Hazardous waste electronic manifest system.''.
                                 ______
                                 
  SA 5673. Mr. WHITEHOUSE (for Mrs. Boxer) proposed an amendment to the 
bill S. 906, to prohibit the sale, distribution, transfer, and export 
of elemental mercury, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mercury Export Ban Act of 
     2008''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) mercury is highly toxic to humans, ecosystems, and 
     wildlife;
       (2) as many as 10 percent of women in the United States of 
     childbearing age have mercury in the blood at a level that 
     could put a baby at risk;
       (3) as many as 630,000 children born annually in the United 
     States are at risk of neurological problems related to 
     mercury;
       (4) the most significant source of mercury exposure to 
     people in the United States is ingestion of mercury-
     contaminated fish;
       (5) the Environmental Protection Agency reports that, as of 
     2004--
       (A) 44 States have fish advisories covering over 13,000,000 
     lake acres and over 750,000 river miles;
       (B) in 21 States the freshwater advisories are statewide; 
     and
       (C) in 12 States the coastal advisories are statewide;
       (6) the long-term solution to mercury pollution is to 
     minimize global mercury use and releases to eventually 
     achieve reduced contamination levels in the environment, 
     rather than reducing fish consumption since uncontaminated 
     fish represents a critical and healthy source of nutrition 
     worldwide;
       (7) mercury pollution is a transboundary pollutant, 
     depositing locally, regionally, and globally, and affecting 
     water bodies near industrial sources (including the Great 
     Lakes) and remote areas (including the Arctic Circle);
       (8) the free trade of elemental mercury on the world 
     market, at relatively low prices and in ready supply, 
     encourages the continued use of elemental mercury outside of 
     the United States, often involving highly dispersive 
     activities such as artisinal gold mining;
       (9) the intentional use of mercury is declining in the 
     United States as a consequence of process changes to 
     manufactured products (including batteries, paints, switches, 
     and measuring devices), but those uses remain substantial in 
     the developing world where releases from the products are 
     extremely likely due to the limited pollution control and 
     waste management infrastructures in those countries;
       (10) the member countries of the European Union 
     collectively are the largest source of elemental mercury 
     exports globally;
       (11) the European Commission has proposed to the European 
     Parliament and to the Council of the European Union a 
     regulation to ban exports of elemental mercury from the 
     European Union by 2011;
       (12) the United States is a net exporter of elemental 
     mercury and, according to the United States Geological 
     Survey, exported 506 metric tons of elemental mercury more 
     than the United States imported during the period of 2000 
     through 2004; and
       (13) banning exports of elemental mercury from the United 
     States will have a notable effect on the market availability 
     of elemental mercury and switching to affordable mercury 
     alternatives in the developing world.

     SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF 
                   ELEMENTAL MERCURY.

       Section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605) is amended by adding at the end the following:
       ``(f) Mercury.--
       ``(1) Prohibition on sale, distribution, or transfer of 
     elemental mercury by federal agencies.--Except as provided in 
     paragraph (2), effective beginning on the date of enactment 
     of this subsection, no Federal agency shall convey, sell, or 
     distribute to any other Federal agency, any State or local 
     government agency, or any private individual or entity any 
     elemental mercury under the control or jurisdiction of the 
     Federal agency.
       ``(2) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) a transfer between Federal agencies of elemental 
     mercury for the sole purpose of facilitating storage of 
     mercury to carry out this Act; or
       ``(B) a conveyance, sale, distribution, or transfer of 
     coal.
       ``(3) Leases of federal coal.--Nothing in this subsection 
     prohibits the leasing of coal.''.

     SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL MERCURY.

       Section 12 of the Toxic Substances Control Act (15 U.S.C. 
     2611) is amended--
       (1) in subsection (a) by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)''; and
       (2) by adding at the end the following:
       ``(c) Prohibition on Export of Elemental Mercury.--
       ``(1) Prohibition.--Effective January 1, 2013, the export 
     of elemental mercury from the United States is prohibited.
       ``(2) Inapplicability of subsection (a).--Subsection (a) 
     shall not apply to this subsection.
       ``(3) Report to congress on mercury compounds.--
       ``(A) Report.--Not later than one year after the date of 
     enactment of the Mercury Export Ban Act of 2008, the 
     Administrator shall publish and submit to Congress a report 
     on mercuric chloride, mercurous chloride or calomel, mercuric 
     oxide, and other mercury compounds, if any, that may 
     currently be used in significant quantities in products or 
     processes. Such report shall include an analysis of--
       ``(i) the sources and amounts of each of the mercury 
     compounds imported into the United States or manufactured in 
     the United States annually;
       ``(ii) the purposes for which each of these compounds are 
     used domestically, the amount of these compounds currently 
     consumed annually for each purpose, and the estimated amounts 
     to be consumed for each purpose in 2010 and beyond;
       ``(iii) the sources and amounts of each mercury compound 
     exported from the United States annually in each of the last 
     three years;
       ``(iv) the potential for these compounds to be processed 
     into elemental mercury after export from the United States; 
     and
       ``(v) other relevant information that Congress should 
     consider in determining whether to extend the export 
     prohibition to include one or more of these mercury 
     compounds.
       ``(B) Procedure.--For the purpose of preparing the report 
     under this paragraph, the Administrator may utilize the 
     information gathering authorities of this title, including 
     sections 10 and 11.
       ``(4) Essential use exemption.--(A) Any person residing in 
     the United States may petition the Administrator for an 
     exemption from the prohibition in paragraph (1), and the 
     Administrator may grant by rule, after notice and opportunity 
     for comment, an exemption for a specified use at an 
     identified foreign facility if the Administrator finds that--
       ``(i) nonmercury alternatives for the specified use are not 
     available in the country where the facility is located;
       ``(ii) there is no other source of elemental mercury 
     available from domestic supplies (not including new mercury 
     mines) in the country where the elemental mercury will be 
     used;
       ``(iii) the country where the elemental mercury will be 
     used certifies its support for the exemption;
       ``(iv) the export will be conducted in such a manner as to 
     ensure the elemental mercury will be used at the identified 
     facility as described in the petition, and not otherwise 
     diverted for other uses for any reason;
       ``(v) the elemental mercury will be used in a manner that 
     will protect human health and the environment, taking into 
     account local, regional, and global human health and 
     environmental impacts;
       ``(vi) the elemental mercury will be handled and managed in 
     a manner that will protect human health and the environment, 
     taking into account local, regional, and global human health 
     and environmental impacts; and
       ``(vii) the export of elemental mercury for the specified 
     use is consistent with international obligations of the 
     United States intended to reduce global mercury supply, use, 
     and pollution.
       ``(B) Each exemption issued by the Administrator pursuant 
     to this paragraph shall contain such terms and conditions as 
     are necessary to minimize the export of elemental mercury and 
     ensure that the conditions for granting the exemption will be 
     fully met, and shall contain such other terms and conditions 
     as the Administrator may prescribe. No exemption granted 
     pursuant to this paragraph shall exceed three years in 
     duration and no such exemption shall exceed 10 metric tons of 
     elemental mercury.
       ``(C) The Administrator may by order suspend or cancel an 
     exemption under this paragraph in the case of a violation 
     described in subparagraph (D).
       ``(D) A violation of this subsection or the terms and 
     conditions of an exemption, or the submission of false 
     information in connection therewith, shall be considered a 
     prohibited act under section 15, and shall be subject to 
     penalties under section 16, injunctive relief under section 
     17, and citizen suits under section 20.
       ``(5) Consistency with trade obligations.--Nothing in this 
     subsection affects, replaces, or amends prior law relating to 
     the need for consistency with international trade 
     obligations.
       ``(6) Export of coal.--Nothing in this subsection shall be 
     construed to prohibit the export of coal.''.

     SEC. 5. LONG-TERM STORAGE.

       (a) Designation of Facility.--
       (1) In general.--Not later than January 1, 2010, the 
     Secretary of Energy (referred to in this section as the 
     ``Secretary'') shall designate a facility or facilities of 
     the Department of Energy, which shall not include the Y-12 
     National Security Complex or any other portion or facility of 
     the Oak Ridge Reservation of the Department of Energy, for 
     the purpose of long-term management and storage of elemental 
     mercury generated within the United States.

[[Page S9849]]

       (2) Operation of facility.--Not later than January 1, 2013, 
     the facility designated in paragraph (1) shall be operational 
     and shall accept custody, for the purpose of long-term 
     management and storage, of elemental mercury generated within 
     the United States and delivered to such facility.
       (b) Fees.--
       (1) In general.--After consultation with persons who are 
     likely to deliver elemental mercury to a designated facility 
     for long-term management and storage under the program 
     prescribed in subsection (a), and with other interested 
     persons, the Secretary shall assess and collect a fee at the 
     time of delivery for providing such management and storage, 
     based on the pro rata cost of long-term management and 
     storage of elemental mercury delivered to the facility. The 
     amount of such fees--
       (A) shall be made publically available not later than 
     October 1, 2012;
       (B) may be adjusted annually; and
       (C) shall be set in an amount sufficient to cover the costs 
     described in paragraph (2).
       (2) Costs.--The costs referred to in paragraph (1)(C) are 
     the costs to the Department of Energy of providing such 
     management and storage, including facility operation and 
     maintenance, security, monitoring, reporting, personnel, 
     administration, inspections, training, fire suppression, 
     closure, and other costs required for compliance with 
     applicable law. Such costs shall not include costs associated 
     with land acquisition or permitting of a designated facility 
     under the Solid Waste Disposal Act or other applicable law. 
     Building design and building construction costs shall only be 
     included to the extent that the Secretary finds that the 
     management and storage of elemental mercury accepted under 
     the program under this section cannot be accomplished without 
     construction of a new building or buildings.
       (c) Report.--Not later than 60 days after the end of each 
     Federal fiscal year, the Secretary shall transmit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report on all of the costs incurred in 
     the previous fiscal year associated with the long-term 
     management and storage of elemental mercury. Such report 
     shall set forth separately the costs associated with 
     activities taken under this section.
       (d) Management Standards for a Facility.--
       (1) Guidance.--Not later than October 1, 2009, the 
     Secretary, after consultation with the Administrator of the 
     Environmental Protection Agency and all appropriate State 
     agencies in affected States, shall make available, including 
     to potential users of the long-term management and storage 
     program established under subsection (a), guidance that 
     establishes procedures and standards for the receipt, 
     management, and long-term storage of elemental mercury at a 
     designated facility or facilities, including requirements to 
     ensure appropriate use of flasks or other suitable shipping 
     containers. Such procedures and standards shall be protective 
     of human health and the environment and shall ensure that the 
     elemental mercury is stored in a safe, secure, and effective 
     manner. In addition to such procedures and standards, 
     elemental mercury managed and stored under this section at a 
     designated facility shall be subject to the requirements of 
     the Solid Waste Disposal Act, including the requirements of 
     subtitle C of that Act, except as provided in subsection 
     (g)(2) of this section. A designated facility in existence on 
     or before January 1, 2013, is authorized to operate under 
     interim status pursuant to section 3005(e) of the Solid Waste 
     Disposal Act until a final decision on a permit application 
     is made pursuant to section 3005(c) of the Solid Waste 
     Disposal Act. Not later than January 1, 2015, the 
     Administrator of the Environmental Protection Agency (or an 
     authorized State) shall issue a final decision on the permit 
     application.
       (2) Training.--The Secretary shall conduct operational 
     training and emergency training for all staff that have 
     responsibilities related to elemental mercury management, 
     transfer, storage, monitoring, or response.
       (3) Equipment.--The Secretary shall ensure that each 
     designated facility has all equipment necessary for routine 
     operations, emergencies, monitoring, checking inventory, 
     loading, and storing elemental mercury at the facility.
       (4) Fire detection and suppression systems.--The Secretary 
     shall--
       (A) ensure the installation of fire detection systems at 
     each designated facility, including smoke detectors and heat 
     detectors; and
       (B) ensure the installation of a permanent fire suppression 
     system, unless the Secretary determines that a permanent fire 
     suppression system is not necessary to protect human health 
     and the environment.
       (e) Indemnification of Persons Delivering Elemental 
     Mercury.--
       (1) In general.--(A) Except as provided in subparagraph (B) 
     and subject to paragraph (2), the Secretary shall hold 
     harmless, defend, and indemnify in full any person who 
     delivers elemental mercury to a designated facility under the 
     program established under subsection (a) from and against any 
     suit, claim, demand or action, liability, judgment, cost, or 
     other fee arising out of any claim for personal injury or 
     property damage (including death, illness, or loss of or 
     damage to property or economic loss) that results from, or is 
     in any manner predicated upon, the release or threatened 
     release of elemental mercury as a result of acts or omissions 
     occurring after such mercury is delivered to a designated 
     facility described in subsection (a).
       (B) To the extent that a person described in subparagraph 
     (A) contributed to any such release or threatened release, 
     subparagraph (A) shall not apply.
       (2) Conditions.--No indemnification may be afforded under 
     this subsection unless the person seeking indemnification--
       (A) notifies the Secretary in writing within 30 days after 
     receiving written notice of the claim for which 
     indemnification is sought;
       (B) furnishes to the Secretary copies of pertinent papers 
     the person receives;
       (C) furnishes evidence or proof of any claim, loss, or 
     damage covered by this subsection; and
       (D) provides, upon request by the Secretary, access to the 
     records and personnel of the person for purposes of defending 
     or settling the claim or action.
       (3) Authority of secretary.--(A) In any case in which the 
     Secretary determines that the Department of Energy may be 
     required to make indemnification payments to a person under 
     this subsection for any suit, claim, demand or action, 
     liability, judgment, cost, or other fee arising out of any 
     claim for personal injury or property damage referred to in 
     paragraph (1)(A), the Secretary may settle or defend, on 
     behalf of that person, the claim for personal injury or 
     property damage.
       (B) In any case described in subparagraph (A), if the 
     person to whom the Department of Energy may be required to 
     make indemnification payments does not allow the Secretary to 
     settle or defend the claim, the person may not be afforded 
     indemnification with respect to that claim under this 
     subsection.
       (f) Terms, Conditions, and Procedures.--The Secretary is 
     authorized to establish such terms, conditions, and 
     procedures as are necessary to carry out this section.
       (g) Effect on Other Law.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in this section changes or affects any Federal, 
     State, or local law or the obligation of any person to comply 
     with such law.
       (2) Exception.--(A) Elemental mercury that the Secretary is 
     storing on a long-term basis shall not be subject to the 
     storage prohibition of section 3004(j) of the Solid Waste 
     Disposal Act (42 U.S.C. 6924(j)). For the purposes of section 
     3004(j) of the Solid Waste Disposal Act, a generator 
     accumulating elemental mercury destined for a facility 
     designated by the Secretary under subsection (a) for 90 days 
     or less shall be deemed to be accumulating the mercury to 
     facilitate proper treatment, recovery, or disposal.
       (B) Elemental mercury may be stored at a facility with 
     respect to which any permit has been issued under section 
     3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)), 
     and shall not be subject to the storage prohibition of 
     section 3004(j) of the Solid Waste Disposal Act (42 U.S.C. 
     6924(j)) if--
       (i) the Secretary is unable to accept the mercury at a 
     facility designated by the Secretary under subsection (a) for 
     reasons beyond the control of the owner or operator of the 
     permitted facility;
       (ii) the owner or operator of the permitted facility 
     certifies in writing to the Secretary that it will ship the 
     mercury to the designated facility when the Secretary is able 
     to accept the mercury; and
       (iii) the owner or operator of the permitted facility 
     certifies in writing to the Secretary that it will not sell, 
     or otherwise place into commerce, the mercury.

     This subparagraph shall not apply to mercury with respect to 
     which the owner or operator of the permitted facility fails 
     to comply with a certification provided under clause (ii) or 
     (iii).
       (h) Study.--Not later than July 1, 2014, the Secretary 
     shall transmit to the Congress the results of a study, 
     conducted in consultation with the Administrator of the 
     Environmental Protection Agency, that--
       (1) determines the impact of the long-term storage program 
     under this section on mercury recycling; and
       (2) includes proposals, if necessary, to mitigate any 
     negative impact identified under paragraph (1).

     SEC. 6. REPORT TO CONGRESS.

       At least 3 years after the effective date of the 
     prohibition on export of elemental mercury under section 
     12(c) of the Toxic Substances Control Act (15 U.S.C. 
     2611(c)), as added by section 4 of this Act, but not later 
     than January 1, 2017, the Administrator of the Environmental 
     Protection Agency shall transmit to the Committee on Energy 
     and Commerce of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the global supply and trade of elemental mercury, 
     including but not limited to the amount of elemental mercury 
     traded globally that originates from primary mining, where 
     such primary mining is conducted, and whether additional 
     primary mining has occurred as a consequence of this Act.

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