[Congressional Record Volume 155, Number 9 (Thursday, January 15, 2009)]
[Senate]
[Pages S419-S557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DESIGNATING CERTAIN LAND AS COMPONENTS OF THE NATIONAL WILDERNESS
PRESERVATION SYSTEM
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate shall resume consideration of S. 22, which the clerk will report
by title.
The assistant legislative clerk read as follows:
A bill (S. 22) to designate certain land as components of
the National Wilderness Preservation System, to authorize
certain programs and activities in the Department of the
Interior and the Department of Agriculture, and for other
purposes.
Pending:
Reid amendment No. 15, to change the enactment date.
Reid amendment No. 16 (to Reid amendment No. 15), of a
perfecting nature.
Motion to commit the bill to the Committee on Energy and
Natural Resources, with instructions to report back
forthwith, with Reid amendment No. 17, to change the
enactment date.
Reid amendment No. 18 (to the instructions of the motion to
commit), of a perfecting nature.
Reid amendment No. 19 (to Reid amendment No. 18), of a
perfecting nature.
The ACTING PRESIDENT pro tempore. Under the previous order--the
majority leader is recognized.
Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Under the previous order, there shall be 10 minutes of debate equally
divided and controlled between the Senator from New Mexico, Mr.
Bingaman, and the Senator from Oklahoma, Mr. Coburn, or their
designees.
The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, as I understand it, we now have 10
minutes equally divided to complete debate on S. 22, and then there
will be a vote on passage. Is that correct?
The ACTING PRESIDENT pro tempore. The Senator is correct.
Mr. BINGAMAN. Mr. President, in just a few minutes, the Senate will
vote on S. 22, the Omnibus Public Land Management Act. The vote will
culminate years of work on more than 160 bills that are included in
this package and represents a major achievement for the protection of
our Nation's natural, cultural, and historic resources. Taken
collectively, I believe the package represents the most significant
conservation legislation passed by the Senate in many years.
In addition, it will finally resolve three very important, very
complex water rights settlements in three different States ending,
literally, decades of litigation and controversy.
Amendments Nos. 23 and 24, en bloc
Before concluding, I wish to take care of a few administrative
matters. The unanimous consent agreement for the bill today allows for
the adoption of managers' amendments if they have been cleared by the
managers and leaders on both sides. We have two such amendments which
are at the desk. I understand they have been cleared by all my
colleagues. These amendments make a number of technical, clerical, and
clarifying corrections.
At this time I ask unanimous consent to call up those two amendments
and have them considered and adopted en bloc, as provided for in the
unanimous consent agreement.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Under the previous order, the pending amendments are withdrawn.
The clerk will report the managers' amendments en bloc.
The assistant legislative clerk read as follows:
The Senator from New Mexico [Mr. Bingaman], for himself and
Ms. Murkowski, proposes amendments en bloc numbered 23 and
24.
Mr. BINGAMAN. Madam President, I ask unanimous consent that the
reading of the amendments be dispensed with.
The PRESIDING OFFICER (Mrs. McCaskill). Without objection, it is so
ordered.
The amendments are as follows:
amendment no. 23
On page 976, strike lines 8 through 25.
On page 977, line 1, strike ``(6)'' and insert ``(5)''.
On page 977, line 3, insert ``and'' after
``interactions;''.
On page 977, line 4, strike ``(7)'' and insert ``(6)''.
On page 977, line 5, strike ``(6)'' and insert ``(5)''.
On page 977, line 8, strike ``scales;'' and insert
``scales.''.
On page 977, strike lines 9 through 17.
On page 1275, strike lines 3 through 6.
amendment no. 24
Beginning on page 305, strike line 9 and all that follows
through page 349, line 21.
On page 526, line 2, strike ``2'' and insert ``5''.
On page 526, line 7, strike ``5'' and insert ``2''.
On page 974, line 19, insert ``the Secretary of the Army,
acting through'' before ``the Chief''.
On page 1188, line 19, strike ``or'' and insert ``of''.
Beginning on page 1271, strike line 3 and all that follows
through page 1273, line 22, and insert the following:
Section 107(a)
The PRESIDING OFFICER. Without objection, the amendments are agreed
to.
The amendments (Nos. 23 and 24) were agreed to.
colorado river basin
Mr. BINGAMAN. Madam President, the Senate is now considering the
Omnibus Public Land Management Act of 2009, S. 22, a bill that contains
a number of important water resource initiatives. Given the ongoing
need to work closely with the states on water resource issues, I
believe it important as chairman of the Energy and Natural Resources
Committee for myself, and the new ranking member of the Committee, to
acknowledge the hard work of representatives from the Colorado River
Basin States of New Mexico, Colorado, Utah, Wyoming, Arizona, Nevada,
and California, in reaching agreement regarding certain provisions in
title X, subtitle B of S. 22, which contains the Northwestern New
Mexico Rural Water Projects Act, hereafter referred to as the ``Act''.
On August 27, 2008, the Governors' representatives on Colorado River
Operations sent a letter to me and Senator Domenici, then the ranking
member of the committee, requesting certain modifications to the
Northwestern New Mexico Rural Water Projects Act. These modifications,
which were subsequently incorporated, reflect the joint
[[Page S420]]
consideration, input, and understandings of the Governors'
representatives from the Basin States concerning the act and how it
relates to the interstate compacts for the Colorado River system. I
want to congratulate the representatives on reaching agreement
regarding what I recognize are complicated legal and operational issues
associated with the Colorado River.
Ms. MURKOWSKI. I join with the chairman of the Energy and Natural
Resources Committee in congratulating the representatives of the seven
Colorado River Basin States on reaching agreement regarding certain
provisions in the Northwestern New Mexico Rural Water Projects Act, and
concur in the request for unanimous consent that the August 27, 2008,
letter be made a part of the Record relating to the consideration of S.
22.
Mr. BINGAMAN. Madam President, I ask unanimous consent that the
August 27, 2008, letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
August 27, 2008.
Hon. Jeff Bingaman,
U.S. Senator, Committee Chairman, Energy and Natural
Resources Committee, Hart Senate Office Building,
Washington, DC.
Hon. Pete Domenici,
U.S. Senator, Ranking Member, Energy and Natural Resources
Committee, Hart Office Building, Washington, DC.
Dear Senator Bingaman and Senator Domenici: In recent
years, the seven Colorado River Basin States, (``Basin
States''), have, through extensive interstate consultation,
taken steps and forged agreements designed to ensure that use
and management of the Colorado River System continues to meet
existing and future demands in a manner that respects and
protects the interests, rights, claims and privileges of each
of the seven states. Along those lines, enclosed are the
Basin States' recommended modifications to S. 1171, the
Northwestern New Mexico Rural Water Project Act, as reported
by the Senate Energy and Natural Resources Committee on June
25, 2008, and consolidated into S. 3213, the Omnibus Public
Land Management Act as Title X, Subtitle B. The undersigned
Governors' Representatives on Colorado River Operations
request that Congress adopt proposed modifications to S.
1171/S. 3213 in a form substantially consistent with the
attached language, and that the Congressional legislative
history of S. 1171/S. 3213 specifically reflect and reference
the joint consideration, input and consensus from the Basin
States as provided herein.
S. 1171/S. 3213 provides Congressional approval of a
settlement of the Navajo Nation's claims to water rights in
the San Juan River Basin in New Mexico that will authorize
diversion and distribution of San Juan River water through
the Navajo-Gallup Water Supply Project to Navajo and non-
Navajo communities in the Upper Colorado River Basin, the
Lower Colorado River Basin and the Rio Grande Basin within
New Mexico. Contingent upon enactment of federal legislation
approving a water rights settlement between the State of
Arizona and the Navajo Nation, S. 1171/S. 3213 also
authorizes the diversion of up to 6,411 acre-feet of water by
the Project from the San Juan River in New Mexico in the
Upper Colorado River Basin for delivery to the Navajo
reservation in Arizona in the Lower Colorado River Basin. S.
1171/S. 3213 directs that Project diversions for use within
New Mexico will be accounted as part of the State of
New Mexico's Upper Basin allocation of Colorado River
water. Pursuant to the attached, recommended
modifications, S. 1171/S. 3213 would also direct that
Project diversions for use in Arizona be accounted as
either part of the State of Arizona's Upper Basin or Lower
Basin allocation of Colorado River water, provided that
any Lower Basin accounting of such water would occur only
under specific conditions as set forth in the recommended
modifications.
The undersigned Governors' Representatives consider S.
1171/ S. 3213, as modified by the attached, recommended
modifications, which are non-precedential in nature, to
address unique, critical water supply needs in the context of
Indian water rights settlements that involve the diversion of
water from the Upper Colorado River Basin for use in the
Lower Colorado River Basin, and support such diversions as
reflected in our recommended modifications to the
legislation.
Herbert R. Guenther, Director, Arizona Department of
Water Resources; Patricia Mulroy, General Manager,
Southern Nevada Water Authority; Dana B. Fisher, Jr.,
Chairman, Colorado River Board of California; George
Caan, P.E., Executive Director, Colorado River
Commission of Nevada; Gerald R. Zimmerman, Executive
Director, Colorado River Board of California; Jennifer
Gimbel, Director, Colorado Water Conservation Board;
John R. D'Antonio, Jr., New Mexico State Engineer,
Governor's Representative; Dennis J. Strong, Director,
Utah Division of Water Resources, Utah Interstate
Stream Commissioner; Patrick T. Tyrrell, Wyoming State
Engineer, Governor's Representative.
The Colorado River Basin States' Proposed Modifications to S. 1171, the
Northwestern New Mexico Rural Water Projects Act
1. Proposed new definition of Colorado River Compact in
Section 2--( )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).
2. Proposed new definition of Colorado River System in
Section 2--( )COLORADO RIVER SYSTEM--The term ``Colorado
River System'' has the same meaning given the term in Article
II(a) of the Colorado River Compact.
3. Proposed new definition of Lower Basin in Section 2--( )
THE LOWER BASIN--The term ``Lower Basin'' has the same
meaning given the term in Article I1(g) of the Colorado River
Compact.
4. Proposed new definition of Upper Basin in Section 2--( )
THE UPPER BASIN--The term ``Upper Basin'' has the same
meaning given the term in Article 11(f) of the Colorado River
Compact.
5. See below for proposed modifications to Section 303. * *
*
303(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 its
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.--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--
(A) 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 111(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
(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);
(C) However, 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 303(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 303(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
[[Page S421]]
River Basin, the Secretary shall, 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, confer with the States of Colorado
and New Mexico.
(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 303(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.
303(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.
303(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:
(A) the intent to benefit an American Indian tribe;
(B) the Navajo Nation's location in both the Upper and
Lower Basin;
(C) 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,
(D) the location of the Navajo Nation's capital city of
Window Rock in the State of Arizona in close proximity to the
border of he State of New Mexico and the pipeline route for
the Project;
(E) 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
(F) 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.
303(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.
303(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.
ALVA B. ADAMS TUNNEL AND GRAND RIVER DITCH
Mr. SALAZAR. Madam President, I commend the chairman and ranking
member of the Energy and Natural Resources Committee for their diligent
work on this package, which contains several bills that I have
championed for Colorado. I particularly wish to thank my colleague and
friend, Chairman Bingaman, and his staff, for his work and cooperation
on the Rocky Mountain National Park Wilderness and Indian Peaks
Wilderness Expansion Act, which is included in subtitle N of title I of
S. 22, and which is critical to preserving some of the Nation's most
beautiful and critical wilderness lands. This has been a long road to
reach agreement with all constituencies involved and we have faced some
unique challenges. But ultimately, and with the chairman's assistance,
we have worked through a number of issues to our mutual satisfaction in
order to pass a bill that is good for all Coloradans.
One of those challenges has been our effort to protect the operation
and maintenance of the Alva B. Adams Tunnel which is the critical
component of the Colorado-Big Thompson Reclamation Project. The Adams
tunnel was authorized in 1915 by Congress and later constructed within
the park and has delivered water from the Colorado River drainage to
Colorado's north eastern communities for decades.
I appreciate the Chairman working with us on protecting this facility
that provides water to hundreds of thousands of people in Colorado.
With his help, we included within section 1953(d) a provision that
ensures that nothing in the subtitle, including the designation of
wilderness, ``prohibits or affects current and future operation and
maintenance activities . . . that were allowed as of the date of
enactment . . . 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.''
The bill also includes in section 1953(g) an additional savings
clause, which ensures that the Secretary of the Interior's authority to
manage lands and resources within the park is not diminished. It is my
understanding that this type of general savings clause does not
undermine or contradict the more specific provisions included in
section 1953(d) of the subtitle. That is, the savings clause included
as section 1953(g) does not alter or affect the provisions in section
1953(d), which make clear that the designation of the park as
wilderness is not meant to affect the current and future operation and
maintenance activities for the tunnel nor to prohibit or restrict the
conveyance of water through the Alva B. Adams Tunnel for any purpose.
Am I correct in my understanding of section 1953(g)?
Mr. BINGAMAN. The Senator from Colorado is correct.
Mr. SALAZAR. I thank the Chairman.
As with any wilderness legislation in a headwaters State, the water
rights language in the Rocky Mountain National Park wilderness bill
proved to be the most challenging. This legislation strikes a good
balance between protection of park wilderness resources and protection
of existing water rights, ditch rights-of-way, and water
infrastructure, some of which predate the existence of the park.
The Water Supply and Storage Company--WSSC--owns and operates the
Grand River Ditch, which is a water supply ditch located in the Never
Summer Range in RMNP. The Grand River Ditch provides irrigation water
to approximately 40,000 acres of land located in Larimer and Weld
Counties in northern Colorado. WSSC owns, operates and maintains 11
reservoirs and 7 ditch systems, including the Grand River Ditch. WSSC's
system of ditches, canals and laterals is more than 100 miles in total
length and provides approximately 60,000 acre-feet of water annually to
173 shareholders. The Grand River Ditch is an integral component of
WSSC's system. WSSC holds a right-of-way for the Grand River Ditch
under the Irrigation or General Right of Way Act of March 3, 1891--1891
Act--codified at 43 U.S.C Sec. Sec. 946-49.
The Rocky Mountain National Park Wilderness Act itself should not
cause any change in land use, land management, or water rights within
Rocky Mountain National Park. Towards this end, section 1953(e) is
intended to clarify that neither the Grand River Ditch nor its right-
of-way will be adversely affected if the end use of water diverted by
the Grand River Ditch is for municipal purposes as opposed to irrigated
agriculture. The Grand River Ditch diverts water high in the Colorado
mountains and transports it some 50 miles downstream to its location of
use. At present, all of the water is used for agricultural irrigation;
however, a portion of WSSC's stock is owned by Colorado municipalities
and Grand River Ditch water will be used for this purpose in the
future. No matter what the end use is, the existence of the Grand River
Ditch in RMNP imposes the same burden on the park. In other words,
there is no difference in land use, land management or water rights in
the park, whether the end use of water is agricultural irrigation or
municipal use.
In 1921, the Supreme Court approved forfeiture of a right-of-way that
had never been used for its authorized purpose of irrigation, but
instead was used for developing electric power. See Kern River Co. v.
United States, 257 U.S. 147, 1921. The case is distinguishable on
several grounds from the Grand River Ditch, but the purpose of Section
1953 (e) is to avoid any attempt to apply a Kern River-type theory to
the Grand River Ditch. Over 20 years ago the U.S. Department of
Agriculture recognized this point when it said: ``The end use of water
off the Federal lands, as it may change over time, casts no greater
burden on the Federal property to carry the water to its place of
use.'' See letter dated October 1, 1986, from Douglas W. MacCleery,
Deputy Assistant Secretary for Natural Resources and Environment,
Department of Agriculture, to Malcomb Wallop of the United States
Senate, included in the legislative history of Public Law 99-545.
Conversion of agricultural water to municipal purposes is commonplace
in Colorado, and the Grand River Ditch is no exception. In a mutual
ditch company such as WSSC, ownership of stock represents a pro rata
share of ownership in the water rights of the company. The language of
section 1953(e)
[[Page S422]]
ensures that WSSC and the right-of-way of the Grand River Ditch will
not be adversely affected by the change in end use of GRD water.
The language of section 1953(e), ``primarily for domestic purposes or
any purpose of a public nature,'' was not lightly chosen. It was taken
directly from the act of May 11, 1898, which--in the words of the great
Justice Van Devanter, who is considered the most knowledgeable
authority on public land law to ever sit on the Supreme Court--
``permit[ted] rights of way obtained under the Act of 1891 [like the
Grand River Ditch], the use of which was restricted to irrigation, to
be also used for the other purposes named in the section,'' namely
``purposes of a public nature'' and ``domestic purposes.'' See Kern
River Co. v. U.S., 257 U.S. 147, 152-153, 1921. After more than a
century, the terms ``purposes of a public nature'' and ``domestic
purposes'' seem to be fairly well understood. The phrases ``purposes of
a public nature'' and ``domestic purposes'' are especially broad, and
include municipal uses following delivery, by a potable water provider,
through the Grand River Ditch or by means of another conveyance
structure. We have agreed to exempt the Grand River Ditch from any
restriction that conditions the existence of the right-of-way on
agricultural uses and instead to allow them to make ``purposes of a
public nature'' or ``domestic purposes'' the sole or predominate
purpose.
The Grand River Ditch ``right of way . . . was granted on an implied
condition that it should revert to the United States in the event the
grantee ceased to use or retain it for the purpose indicated in the
[1891 and 1898] statutes. That purpose--the main and controlling one--
was irrigation.'' See Kern River Co. v. U.S., 257 U.S. 147, 154 (1921).
In the future, the water transported in the ditch will be increasingly
used for water supply and municipal purposes, not irrigation. This
transition may eventually ``entitle[] the United States to assert and
enforce a forfeiture of the grant. . . .'' 257 U.S. at 154. To address
this concern, we have agreed to state in the bill that ``the right of
way . . . shall not be terminated, forfeited, or otherwise affected as
a result'' of the change in purpose, ``unless the Secretary determines
that the change in main purpose or use adversely affects the park.'' If
the Secretary, in his discretion, makes that determination, he would
then have to assert and enforce a forfeiture of the grant in court.
Mr. BINGAMAN. Madam President, I concur in the statements made by the
Senator from Colorado and thank him for working carefully with me and
my staff to resolve these issues in a way that will ensure protection
of park resources and provide for the continued operation of the Grand
River Ditch and the Colorado-Big Thompson Projects.
Mr. FEINGOLD. Madam President, today I will vote to support final
passage of the Omnibus Public Land Management Act of 2009, S. 22. While
I oppose two provisions in the bill, there are many other provisions
that I support.
Yesterday I voted to oppose bringing an end to debate on the bill
since the majority leader used a procedural tactic to prevent Senators
from offering amendments. I had hoped that cloture would be defeated so
that we could reach agreement to allow a few amendments.
One such amendment was one I cosponsored to strike a troublesome
provision that would authorize the transfer of Federal land in Alaska's
Izembek National Wildlife Refuge--a designated wilderness area and
internationally recognized Ramsar site--so that a road could be built.
The road is purportedly to allow travel between two Alaskan communities
in cases of medical emergencies. However, Congress has already
appropriated more than $36 million to provide a hovercraft, which I am
told crosses Cold Bay in about 20 minutes and to date has met every
medical evacuation need in all weather conditions, over 30. The road,
on the other hand, would need to avoid the numerous ponds and priority
wetland areas--taking 1 to 2 hours to drive--and would not provide
safer, faster, or more cost-effective transportation than the
hovercraft.
Another provision that troubles me was considered by neither the
House nor the Senate Energy and Natural Resources Committee, a
prerequisite for all the other public lands bills in the package. The
Washington County, UT, provision was air-dropped into this legislation.
It is unfortunate that the wilderness designations in the provision
fall well short of the wilderness-quality land in the county that
should be protected. This public lands bill only proposes to designate
44 percent of what is included in the America's Red Rock Wilderness
Act, which I have been pleased to join Senator Durbin in supporting.
Furthermore, this public lands package omits a wilderness unit, Dry
Creek, that Senator Bennett has previously agreed to protect in his
Washington County Growth and Conservation Act of 2008, S. 2834.
There are two provisions in the public lands bill that will impact
Wisconsin. The first is Section 5301, the ``National Trails System
Willing Seller Authority.'' This section is based on a bill I
cosponsored in the 110th Congress, S. 169, and will allow the Federal
Government to purchase lands from willing sellers for two important
trails in Wisconsin: the North Country National Scenic Trail and the
Ice Age National Scenic Trail. I would like to acknowledge the efforts
by the Ice Age Park and Trail Foundation, North Country Trail
Association, Partnership for the National Trail System, and the
Conservation Fund to help the National Park Service complete these
trails. This provision will establish willing seller authority as a
uniform policy for the entire National Trail System, allowing these two
trails and seven others to benefit from this commonsense policy.
Section 7116 of the bill also makes a technical correction to the
name of the wilderness area in the Apostle Islands, now to be called
the Gaylord Nelson Wilderness. Removing the ``A'' from the former
name--Gaylord A. Nelson Wilderness--is supported by the National Park
Service and Nelson's family. Though this ia a small change, I do want
to take the opportunity to again express my deep respect for the former
U.S. Senator and Wisconsin Governor and my support for the Apostle
Islands National Lakeshore and the Gaylord Nelson Wilderness. In August
2005, I was deeply honored to participate in a ceremony marking the
creation of the Gaylord Nelson Wilderness and honoring the remarkable
life of Gaylord Nelson, father of Earth Day. I worked with
Representative Obey to obtain the wilderness designation for 80 percent
of the Apostle Islands, but it was Gaylord who was so essential in the
effort to recognize the Apostle Islands as a national treasure and
establish the national lakeshore.
Mr. LEVIN. Madam President, passage of the Omnibus Public Land
Management Act of 2009 would wrap up one of the major pieces of
unfinished business from last year. The majority leader promised he
would take up this legislation early in 2009, and indeed he has. The
omnibus public land bill includes four provisions that will directly
benefit Michigan by preserving precious natural resources and improving
our parks and trails.
The lands bill includes legislation I authored that would authorize
the Federal Government to purchase land from willing sellers for the
North Country National Scenic Trail. The North Country Trail will be
the Nation's longest hiking trail, traversing seven States including
Michigan, which has the longest trail segment of 1,150 miles. The
Federal Government has land acquisition authority for the majority of
its national scenic and historic trails, but for no good reason this
authority has not been available for the North Country Trail. Willing
sellers should have the right to sell portions of their land, or grant
easements for trail users across their land, should they choose to do
so, and if it is in the public interest. This provision will allow for
the eventual completion of the North Country Trail, giving more users
the opportunity to enjoy scenic hiking in Michigan as well as the six
other States along the planned route. For nearly 10 years, I have been
working on this willing seller authority, and I am delighted that
Congress has finally approved this important legislation.
The omnibus lands bill also includes legislation I sponsored last
Congress to improve the Keweenaw National Historical Park, located in
Michigan's Upper Peninsula. By removing overly restrictive property
acquisition requirements, changing unfair matching
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requirements for Federal funds, and increasing the authorized level of
funds to be appropriated for the park, we can improve the visitors'
experience. Established in 1992, this unique park is a partnership with
nearly 20 independently operated heritage sites, and preserves and
interprets the incredible story of the copper rush in Michigan's
Keweenaw Peninsula during the Industrial Revolution. I am pleased that
this legislation is finally being acted upon so the park can more fully
carry out its statutory mission to preserve and bring to life the
vibrant history of Michigan's ``copper country''--an essential part of
the Nation's history of industrial and technological development,
immigration, labor relations, and natural resources, and a key
component to the economic revitalization of this area.
The omnibus lands bill also provides important protections for 12,000
acres within the Pictured Rocks National Lakeshore, located in
Michigan's Upper Peninsula along the south shore of majestic Lake
Superior. I introduced this wilderness bill during the last Congress,
and I am pleased that one of the first actions the Senate has taken
this year is to pass this bill, which would protect the Beaver Basin
for future generations, while ensuring continued public enjoyment of
the land. The Beaver Basin wilderness comprises about 12,000 acres, or
16 percent, of Pictured Rocks National Lakeshore, and was proposed
after 5 years of careful planning and extensive public consultation.
The wilderness designation is responsive to many of the concerns
expressed by citizens and ensures its continued recreational use. The
access road to the lakes and campground are not included in the
wilderness designation, so vehicles would still have access to this
popular recreation area. Also, all motor boats would still be able to
access the miles of the Lake Superior shoreline, as the wilderness area
does not include the Lake Superior surface water. In addition, boats
using electric motors would still be allowed on Little Beaver and
Beaver Lakes within the wilderness area. The Beaver Basin area has been
managed as a backcountry and wilderness area since 1981, and this
wilderness designation will ensure that the valuable habitat and
pristine natural features of the region remain the treasure they are
today.
Finally, the omnibus lands bill includes legislation that I sponsored
in the Senate last year as a companion bill to Representative Dingell's
legislation in the House of Representatives, which would designate land
in Monroe and Wayne County, MI, related to the battles of the River
Raisin fought during the War of 1812 as a unit of the National Park
System. While there are currently eight War of 1812 battlefield sites
that are in the National Park System, none of these sites are located
in areas that were once considered the ``Northwest,'' a key strategic
front in the War of 1812. The River Raisin battlefield sites were the
place of horrific events; yet these events became a turning point that
spurred our troops to future victories, protected our lands, and
culminated in a celebration of America's ``Second War of
Independence.'' With the approaching 200th anniversary of the War of
1812, I am pleased that the Senate has this legislation before it, and
I look forward to the bill becoming law in time for this national
celebration.
Mr. INOUYE. Madam President, S. 22, the Omnibus Public Land
Management Act, includes five bills vital for increasing our Nation's
understanding of our oceans, Great Lakes, and coastal areas. The ocean
bills included in this package are all strong bipartisan pieces of
legislation that were favorably reported by the Senate Commerce
Committee in the 110th Congress and passed the House of
Representatives.
The oceans cover two-thirds of our planet, yet we know little about
what lies beneath them or how the changing climate is affecting marine
resources. Millions of Americans depend directly and indirectly on
healthy and bountiful oceans. In 2007, our Nation's coastal economies
contributed nearly 50 percent, or $6.7 trillion, to the national gross
domestic product.
While our Nation relies on our ocean, Great Lakes, and coastal
resources, tremendous gaps exist in our knowledge of these ecosystems.
The Senate Commerce Committee provisions included in S. 22 will
strengthen and improve our marine, coastal, and scientific programs,
and will help us make the best possible decisions about how to manage,
conserve, and protect these valuable resources.
The Ocean Exploration and National Oceanic and Atmospheric
Administration, NOAA, Undersea Research Program Act, included in this
package, will give us a better understanding of our marine ecosystems
and resources. This legislation reflects a long history of bipartisan
collaboration in the Senate. It passed the Senate by unanimous consent
in the both the 108th and 109th Congresses and was reported favorably
in the 110th Congress by the Commerce Committee. The provision
establishes an interdisciplinary ocean exploration program to gather
observations and data from areas in the ocean we have previously been
unable to explore. In addition, this legislation would help strengthen
and coordinate NOAA's National Undersea Research Program. The National
Undersea Research Program seeks to increase scientific knowledge for
the management, use, and preservation of ocean, Great Lakes, and
coastal resources through undersea research, exploration, education,
and technology development. These essential activities are imperative
given that approximately 95 percent of the ocean floor remains
unexplored. Ocean exploration and undersea research provides
unprecedented opportunities to discover items of natural, cultural, and
economic value including new sources of minerals, drugs, habitats,
species, artifacts, and shipwrecks.
The Ocean and Coastal Mapping Integration Act included in S. 22 would
integrate Federal and coastal mapping activities throughout the U.S.
Exclusive Economic Zone. Approximately 90 percent of our Nation's
maritime territory remains unmapped by modern technology. Improved
mapping of our Nation's coastal and ocean waters will increase our
understanding of the marine environment, thereby increasing the safety
of navigation in our maritime domain, supporting national security
missions of the U.S. Navy and Coast Guard, and allowing for better
management of marine ecosystems and resources. This bill also has a
longstanding history of broad bipartisan support in both the Senate and
House.
The Integrated Coastal and Ocean Observation System Act would build
on current regional systems to establish a national integrated ocean,
Great Lakes, and coastal observing system to collect, compile, and make
available data to support marine commerce; weather, climate, and marine
forecasting; energy siting and production; navigation; ecosystem-based
resource management; and public safety. The legislation passed the
Senate by unanimous consent in both the 108th and 109th Congresses.
During the 110th Congress, the legislation passed the House and was
reported favorably by the Senate Commerce Committee.
The Federal Ocean Acidification Research and Monitoring Act in S. 22
mandates that steps be taken to understand and address climate change
and its impacts on our oceans, a much needed and important action. Over
the past 200 years, human activities have resulted in dramatic
increases in greenhouse gases that are altering the Earth's climate.
The oceans mitigate the effects of global warming by absorbing
approximately half of all this atmospheric carbon dioxide. However, as
the oceans absorb more carbon dioxide, their chemistry is changing and
the oceans are becoming more acidic. The Federal Ocean Acidification
Research and Monitoring Act would establish an interagency committee to
develop a strategic research plan on ocean acidification and establish
an ocean acidification program within NOAA to conduct research and
long-term monitoring on our acidifying oceans and to develop adaptation
strategies and techniques for conserving marine ecosystems. This
legislation represents a bipartisan effort to promote climate change
research and adaptation activities. The bill was reported favorably by
the Senate Commerce Committee and passed the House in the 110th
Congress.
The final oceans bill included in S. 22 is the Coastal and Estuarine
Land Conservation Program Act. As the U.S. population grows and more
people move to the coasts, our coastal lands and ecosystems are
threatened by
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unsustainable development. This legislation authorizes NOAA to award
competitive grants to coastal States, including the Great Lakes, to
protect coastal and estuarine areas which have significant
conservation, recreation, ecological, historic, or watershed protection
value and are threatened by conversion to other uses.
As chairman of the Commerce Committee during the 110th Congress, I
was pleased to favorably report these important ocean policy bills.
Unfortunately, we were unable to pass these bills last Congress. I am
glad that the Senate is considering their passage as one of the first
major pieces of legislation in the 111th Congress. Our oceans, Great
Lakes, and coasts provide many environmental and economic benefits to
our Nation, and their conservation must be one of our highest national
priorities.
Mr. ROCKEFELLER. Madam President, today the Senate will pass a
comprehensive public lands bill that will protect our Nation's public
lands and conserve our planet's oceans. I thank the majority leader and
Senator Bingaman for including important bills from the Committee on
Commerce, Science, and Transportation in this package. I commend
Senators Inouye, Stevens, Cantwell, Snowe, Lautenberg, and Gregg for
their leadership in drafting these bills. Senator Inouye, in
particular, has aggressively advocated for improved stewardship of our
oceans and this package reflects his careful work as chairman of the
Commerce Committee which has jurisdiction over our Nation's oceans. As
the incoming chair of the Commerce Committee, I will continue to work
closely with my dear friend and mentor Senator Inouye on these issues.
And I look forward to collaborating closely with him on oceans policy
and other areas in the committee's jurisdiction that are particularly
critical to the Hawaiian Islands. Our colleagues should know that the
ocean and coastal bills included in the Consolidated Natural Resources
Act enjoy broad bipartisan and national support because they are sorely
needed and important to our Nation's environmental and economic future.
The Federal Government owns nearly 653 million acres of land in the
United States. As the owner of these lands, the Federal Government has
a responsibility to protect this land for current and future
generations. Likewise, and as importantly, the Federal Government has
an equal responsibility to protect and manage our Nation's marine and
coastal resources. The oceans cover over two-thirds of our planet, yet
we know little about what lies beneath or how the changing climate is
affecting marine resources. The United States' Exclusive Economic Zone,
covers 3.4 million square miles of the Earth's surface, an area greater
than the whole United States. Unfortunately, our efforts to sustainably
manage and conserve these submerged lands and living resources are
hampered by our limited scientific research and understanding of our
Exclusive Economic Zone. That is irresponsible and must change. The
five ocean bills included in this legislation will authorize programs
necessary to increase our Nation's understanding about ocean and
coastal areas, which in turn will enable us to make the best possible
decisions about how to manage, preserve, and protect our oceans and
their living marine resources for current and future generations
The Ocean and Coastal Exploration and National Oceanic and
Atmospheric Administration Act is critical to our ability to gather
observations and data from areas in the ocean that have never been
explored. The legislation would establish a national ocean exploration
program within the National Oceanic and Atmospheric Administration,
which would conduct interdisciplinary ocean exploration voyages to
explore and survey little known areas of the marine environment and
inventory, observe, and assess living and nonliving marine resources.
In addition, this legislation would establish a coordinated national
undersea research program, which would increase scientific knowledge
for the management, use, and preservation of oceanic, coastal, and
Great Lakes resources through undersea research, exploration,
education, and technology development.
These activities are vital given that approximately 95 percent of the
ocean floor remains unexplored. Increasing our knowledge of our oceans
through exploration and undersea research provides unprecedented
opportunities to discover new sources of minerals, drugs, habitats,
species, artifacts, and shipwrecks. Expeditions could provide images of
ancient human artifacts, rare or previously undiscovered species, and
exciting new ecosystems.
The Ocean and Coastal Mapping Act would direct the Federal Government
to integrate Federal and coastal mapping activities throughout the U.S.
Exclusive Economic Zone. Approximately 90 percent of our Nation's
maritime territory remains unmapped by modern technology. Improving our
mapping activities, the promotion of the development and dissemination
of new technologies, and the coordination of efforts across the 10
federal agencies currently involved in marine mapping are essential.
Better mapping of these waters will help to minimize maritime
accidents, support the national security missions of the U.S. Navy and
U.S. Coast Guard, and improve our knowledge of ocean and coastal
ecosystems.
The Integrated Coastal and Ocean Observation System Act would
establish a national integrated ocean, coastal, and Great Lakes
observing system that would collect, compile, and make available data
to support marine commerce; navigation safety; weather, climate and
marine forecasting; energy siting and production; ecosystem-based
resource management; and public safety. This legislation represents an
acknowledgement of our need as a country to improve our ability to
measure, track, explain, and predict events related to weather and
climate change. It represents a consensus that our understanding of
natural climate variability and interactions between ocean and
atmospheric environments needs strengthening and improvement.
Information generated by the Integrated Coastal and Ocean Observation
System would assist in providing advanced warning of hazardous coastal
and ocean conditions to State managers and potentially affected
communities and could help coastal communities prepare for and minimize
losses for a range of potentially harmful ocean conditions.
Additionally, this Integrated Coastal and Ocean Observation System has
the potential to provide economic and ecological benefits for other
coastal and ocean activities. For example, fisheries scientists and
managers could use the data to predict biological productivity which
would facilitate ecosystem-based management. Fishermen and mariners
could better predict sea conditions for safe navigation and transport.
Ocean scientists and regulators could better understand, predict, and
rapidly respond to the distribution and impacts of marine pollution,
harmful algal blooms, or other hazardous conditions. Educators and
students could learn more about basic functions and processes of the
marine environment.
Increasing carbon dioxide absorption in our oceans is acidifying
waters and could be threatening the foundation of the ocean's food web.
The Federal Ocean Acidification Research and Monitoring Act highlights
the need for action to be taken to understand and confront climate
change and its impacts on our oceans by authorizing a coordinated
Federal research program on ocean acidification. Over the past 200
years, human activities have resulted in dramatic increases in
greenhouse gases that are altering the Earth's climate. The oceans
mitigate the effects of global warming by absorbing atmospheric carbon
dioxide, which is changing ocean carbon chemistry and causing the
oceans to become more acidic. There is significant concern among the
scientific community, resource managers, and policymakers that ocean
acidification could adversely impact our Nation's marine ecosystems,
the food webs of many fish and marine mammals, and the economies of
many coastal States that rely upon the seafood industry and coastal and
ocean tourism. The Federal Ocean Acidification Research and Monitoring
Act would establish an interagency committee, chaired by the National
Oceanic and Atmospheric Administration, to develop and provide Congress
with a strategic research plan on ocean acidification. Additionally, it
vests the authority within the National Oceanic and Atmospheric
Administration to establish an ocean acidification program
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within the agency to conduct research and long-term monitoring,
education and outreach, and development of adaptation strategies and
techniques for conserving marine ecosystems.
The Coastal and Estuarine Land Conservation Program Act would
authorize the Secretary of Commerce, through the National Oceanic and
Atmospheric Administration, to make grants to coastal States for the
purposes of protecting important coastal and estuarine areas that have
significant conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from their
natural, undeveloped, or recreational state to other uses, and it
provides grants for lands to be managed or restored to effectively
conserve, improve, or restore ecological function. Estuaries, wetlands,
and the watersheds that flow into them support fisheries and wildlife
and substantially contribute to coastal economies. The pressures of
urbanization and pollution in coastal areas threaten to impair
watersheds, undermine natural protections from coastal storms, impact
wildlife habitat, and cause irreparable damage to coastal ecology. As
our population grows, more and more people are moving to our coasts to
enjoy their beauty and recreational opportunities. Coastal land
protection partnership programs can help our Nation meet a number of
diverse priorities such as promoting recreation, increasing wildlife,
improving or conserving ecological quality and diversity, and
preserving historical or cultural resources. The legislation would
foster partnership programs among the Federal Government, State
agencies, local governments, private landowners, and nonprofits to
effectively conserve and manage coastal lands.
Over 50 percent of our population lives along our coasts and our
coastal economies generate one-half of our Nation's gross domestic
product. The planet's oceans produce an untold amount of wealth, both
economic and ecological, for our Nation. What is good for the health of
our coastal communities and oceans is good for the Nation. Given the
reliance our citizens have on our marine and coastal resources and the
large gaps exist in our knowledge regarding U.S. ocean and coastal
areas, strengthening and improving our marine, coastal, and scientific
programs will enable us to make the best possible decisions about how
to manage, preserve and protect our oceans.
Mr. BINGAMAN. Madam President, earlier today the Senate passed S. 22,
the Omnibus Public Lands Management Act of 2009. As I said during the
debate, S. 22 includes over 160 bills from the Committee on Energy and
Natural Resources and reflects many years of hard work.
This achievement would not have been possible without the hard work
of our outstanding staff. Both our ranking member, Senator Murkowski,
and I are very fortunate to have a very dedicated and experienced
professional staff. They service the committee and the Senate well.
They deserve our thanks.
On the Democratic staff of the committee, I would like to thank the
committee's staff director, Bob Simon, and chief counsel, Sam Fowler,
for all of their work on this legislation, as on all the legislation
that comes through our committee. I would also like to thank senior
counsel Patty Beneke; counsel Mike Connor, who worked on all of the
water issues included in the bill; counsels David Brooks, Kira Finkler,
and Scott Miller, who coordinated all of the park and public lands
bills; professional staff members Jorge Silva-Banuelos, who worked very
hard on many of the New Mexico land bills; and Jonathan Epstein; and
two National Park Service fellows, Karl Cordova, who worked on the
committee last year, and Mike Gauthier, who is on the staff for the
current year.
I would also like to thank the committee's chief clerk, Mia Bennett;
executive assistant Amanda Kelly; communications director Bill Wicker;
press secretary David Marks; and staff assistants Rachel Pasternack,
Gina Weinstock, and Rosemarie Calabro.
On the Republican side, let me acknowledge Senator Murkowski's new
staff director, McKie Campbell, and chief counsel Karen Billups. I
would also like to note my thanks to former Senator Domenici's staff
director during the previous Congress, Frank Macchiarola; and former
minority chief counsel, Judy Pensabene. I would also like to recognize
counsel Kellie Donnelly; as well as professional staff members Frank
Gladics, Josh Johnson, and Tom Lillie, all of whom made significant
contributions to this bill.
In addition, I am very grateful to the committee's nondesignated
staff: Anna-Kristina Fox, Dawson Foard, Nancy Hall, Amber Passmore,
Monica Chestnut, and Wanda Green.
S. 22 contains over 1,200 pages of text, and was the subject of
numerous revisions. I am grateful to the help of the Senate legislative
counsel office, and Gary Endicott, Heather Burnham, and Colin Campbell
in particular.
I would also like to thank Cliff Isenberg from the Senate Budget
Committee for his help as well as Deb Reis from the Congressional
Budget Office, and Tyler Kruzich, formerly with CBO.
Finally, let me acknowledge the great help in bringing the bill to
the floor we received from the majority leader and his staff: Neil
Kornze, Chris Miller, Randy DeValk, Gary Myrick, and, as always, the
secretary for the majority, Lula Davis, as well as Tim Mitchell, the
assistant secretary for the majority. I would also like to thank the
cloakroom staff, Joe Lapia, Meredith Mellody, Brandon Durflinger, and
Estaban Galvan, for all of their assistance.
All of these fine staff members had a hand in putting S. 22 together
and moving it through the legislative process. We would not have been
able to pass the bill without their hard work and their
professionalism. I wish to thank each and every one of them for their
good work.
Mr. AKAKA. Madam President, today I rise to express my support for S.
22, the Omnibus Public Land Management Act of 2009. I commend Chairman
Bingaman and former Ranking Member Domenici of the Senate Committee on
Energy and Natural Resources for their leadership and their staff for
their dedication during the previous Congress to move this important
legislation forward. While we were unable to vote on this package last
year, it is time that we pass these bills. During these times of
economic downturn, our national parks and public lands are some of the
few affordable recreational opportunities available to the American
people.
This legislation is a bipartisan package of more than 160 individual
bills, and incorporates a wide range of public land measures that
impact various regions of our Nation. All of the bills included in the
package have been thoroughly reviewed and favorably reported by the
Senate Committee on Energy and Natural Resources during the 110th
Congress. By utilizing, to the full extent, the committee vetting
process that includes acquiring testimonies from Federal agencies,
stakeholders, and members of the public, concerns were addressed and
bills were amended, as needed. In addition to the Senate committee's
approval, many of these measures were passed by the House of
Representatives last Congress.
As chairman of the National Parks Subcommittee, I had the opportunity
to hold hearings on a number of the bills included in this package.
This legislation includes many important provisions for protecting and
preserving America's national parks and enhancing the experiences to be
gained by park visitors. Today, I wish to highlight four provisions
that I sponsored during the 110th Congress: H.R. 3332, the Kalaupapa
Memorial Act; S. 1728, Na Hoa Pili O Kaloko-Honokohau Advisory
Commission Reauthorization Act; S. 2220, Outdoor Recreation Act of 1963
Amendments Act; and S. 320, the Paleontological Resource Preservation
Act. In addition, I appreciate the inclusion of S. 1680, the Izembek
and Alaska Peninsula Refuge Enhancement Act of 2008. This provision
addresses the needs of a rural and indigenous Alaska Native community.
The first three of these provisions are particularly meaningful as
they acknowledge the historical contributions and preserve Hawaii's
unique heritage for future generations. The remembrance and
revitalization of our culture, heritage, and natural resources are an
essential way to build upon the values and traditions of our past and
move forward into the future. I am proud that the people of Hawaii,
through partnerships at the State and
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Federal levels, have embraced this opportunity. These efforts
perpetuate a legacy to be embraced by not only the people of Hawaii,
but a legacy to be shared with people across this Nation. I am
confident that these measures which I sponsored will enable continued
good work and progress in promoting and protecting the natural and
cultural resources of my home State.
The Kalaupapa Memorial Act would authorize a memorial to be
established at Kalaupapa National Historical Park in Hawaii. This long
overdue memorial will honor and perpetuate the memory of those Hansen's
disease patients who were forcibly relocated to the Kalaupapa
community, which is located on a remote peninsula on the Island of
Molokai.
For over 100 years, from 1866 to 1969, Kalaupapa was a colony on the
Hawaiian island of Molokai where patients with Hansen's disease, also
known as leprosy, were forced to live. These individuals were directed
to live there by the Hawaiian and, later, the American Governments in
the belief that leprosy was rampantly contagious and that isolation was
the only effective means of controlling the disease. In 1865, acting on
the counsel of his American and European advisers, Lot Kamehameha, the
Hawaiian King, signed into law ``An Act to Prevent the Spread of
Leprosy,'' which criminalized the disease. In the ensuing 103 years,
men, women, and children of all ages--including those who were
mistakenly believed to have leprosy--were captured and forcibly exiled
to the brutal northern coast of Molokai, chosen due to its isolated and
inaccessible location.
Ultimately, more than 8,000 people were sent to Kalaupapa, of which
only about 1,300 graves have been identified. Most of those patients
who were sent to Kalaupapa before 1900 have no marked graves. Others
were buried in places marked with a cross or a bare tombstone, but
those markers have seen great deterioration over time. As a result,
there are many family members and descendants of these residents who
cannot find the graves of their loved ones and are unable to properly
honor and pay tribute to them.
This measure would authorize a nonprofit organization consisting of
Kalaupapa residents and their families and friends, and known as ``Ka
`Ohana O Kalaupapa,'' to establish a memorial at a suitable location in
the park to honor the memory of the 8,000 residents who lived at the
Kalaupapa and Kalawao communities. This monument will provide closure
and a sense of belonging to these many family members, who have no
knowledge of their ancestors' whereabouts. Through this monument, the
Hansen's disease patients will forever be memorialized as having been a
part of the history of Kalaupapa.
The Na Hoa Pili O Kaloko-Honokohau Advisory Commission Act would
reauthorize the Advisory Commission for Kaloko-Honokohau National
Historical Park through 2018. Kaloko-Honokohau National Historical
Park, located on the western coast of the Island of Hawaii, was
established in 1978 to provide for the preservation, interpretation,
and perpetuation of traditional Native Hawaiian activities and culture;
to demonstrate historic land use patterns; and to provide for the
education, enjoyment, and appreciation of traditional Native Hawaiian
activities and culture. This Advisory Commission advises the National
Park Service on historical, archaeological, cultural, and interpretive
programs for the park and serves as a living resource for the
education, enjoyment, and understanding of traditional Hawaiian culture
and activities. This legislation would extend the Advisory Commission
through the end of 2018.
The Outdoor Recreation Act of 1963 Amendments Act seeks to authorize
$500,000 in funds for fiscal years 2008 through 2017 to the National
Tropical Botanical Gardens. The measure will authorize appropriations
to the corporation governing the Botanical Gardens for operation and
maintenance expenses. These funds will contribute towards the private
donations that the Botanical Gardens already raises to support its
annual operating budget of over $10 million.
The National Tropical Botanical Gardens is a private charitable
corporation, chartered by legislation that was enacted in 1964 to
foster horticultural research, education, and plant preservation. Its
congressional charter mandates the Botanical Gardens to preserve, for
the people of the United States, species of tropical plant life
threatened with extinction.
Conservation is one of the National Tropical Botanical Garden's key
roles. This role has become even more critical as tropical plant
species continue to become extinct at a disturbing rate. As many as
one-third of the remaining global plant species are considered at risk
of extinction. Since 1976, the National Tropical Botanical Gardens has
recognized and worked with urgency to preserve and cultivate native
Hawaiian plants, and has made its program of preserving Hawaii's
endangered and threatened flora a matter of the highest priority.
The unique flora of 1,300 species that has evolved over millions of
years in Hawaii represents a significant resource to the people of the
United States in terms of the biodiversity it represents. Further, many
of these botanic species serve as the foundation of entire ecosystems,
serving as food sources or habitats for other larger species that are
either threatened or endangered. These are species that are not
represented in any of the other 49 States in our Nation. Each of these
species contains unique genes that express themselves in a myriad of
ways. Each time we lose a species to extinction we lose an
irreplaceable reservoir of unique genes and eliminate their usage as a
possible benefit to humanity.
The Paleontological Resources Preservation Act incorporates many of
the recommendations on the subject issued by the Department of the
Interior in 2000. This act would help protect and preserve the nation's
important fossil resources that are found on Federal lands for the
benefit of our citizens. This provision will still allow the practice
of casual collecting that is being enjoyed on Federal lands. While I
recognize the educational benefits and the major fossil discoveries
made by amateur collectors and curio hunters, fossil theft has become
an increasing problem. Vertebrate fossils are rare and important
natural resources that have become increasingly endangered due to an
increase in the illegal collection of fossil specimens for commercial
sale. However, at this time there is no unified policy regarding the
treatment of fossils by Federal lands management agencies which would
help protect and conserve fossil specimens. We risk the deterioration
or loss of these valuable scientific resources. This act will correct
that omission by providing uniformity to the patchwork of statutes and
regulations that currently exist. It will create a comprehensive
national policy for preserving and managing fossils and other artifacts
found on Federal lands, and will prevent future illegal trade. I would
like to emphasize that this bill covers only paleontological remains on
Federal lands and in no way affects archaeological or cultural
resources under the Archaeological Resources Protection Act of 1979 or
the Native American Graves Protection and Repatriation Act.
Lastly, I express my support for a provision in the omnibus lands
bill that I cosponsored in the 110th Congress, S. 1680, the Izembek and
Alaska Peninsula Refuge and Wilderness Enhancement Act. This measure
paves the way for a road that would provide dependable and safe year-
round access for the residents of King Cove in Alaska to the nearby
Cold Bay Airport. I believe that the 800 residents of King Cove, most
of whom are Native Aleut, have an absolute right to a means of
transport that is accessible under all weather conditions, including
gale force winds and fog. This reliable means of getting to the airport
will help address many of the community's safety, health, and medical
concerns because the Cold Bay Airport is an all-weather airport.
In addition to providing an essential passageway, this provision will
authorize a land transfer in which nearly 56,000 acres of pristine land
will be classified as wildlife refuge wilderness. In contrast, only
about 2,000 acres of Federal land could potentially be exchanged for
the purpose of constructing a one-lane gravel road. This measure has
been in the making for 10 years. I commend the Energy and Natural
Resources Committee for working across the aisle to modify and refine
the original language to be acceptable to all parties and stakeholders.
Neither
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the land exchange nor the construction of the road will occur without a
stringent environmental impact statement required under the National
Environmental Policy Act of 1969 and assurances by the Secretary of the
Department of the Interior that the construction of the road and the
land exchange are in the public interest and sufficient environmental
safeguards are in place.
I strongly support the Omnibus Public Land Management Act of 2009 and
those provisions that protect and preserve the historical contributions
made by Hawaii's environmental and cultural heritage. We must protect
our legacies, and I encourage my colleagues to join in keeping our
precious national resources and historic sites available for future
generations.
Ms. CANTWELL. Madam President, today, the Senate can be very proud of
a very significant accomplishment for the enjoyment and protection of
wilderness areas, historical sites, national parks, forests, trails and
scenic rivers. Collectively, this is one of the most sweeping
conservation bills the Senate has passed in many years.
This bill has been through many twists and turns over the last year.
But today's successful vote could not have been possible without the
tenacity and dedication of the Majority Leader.
I thank the majority leader for his steadfast support and dedication
to seeing that these important public land priorities become law.
There are a number my bills in this omnibus lands package that I
would like to speak to.
First, the Ice Age Floods National Geologic Trail Designation Act.
This bill will create a National Park Service trail to celebrate the
remarkable geologic history of the Pacific Northwest region. This bill
has enjoyed regional, bipartisan support. I would like to thank
Senators Murray, Wyden, Crapo, and my former colleagues Senators Smith
and Craig for working with me on this legislation.
There are too many people to thank by name but I want to acknowledge
the dedication of the Ice Age Floods Institute, particularly its
President, Gary Kleinknecht, who has worked tirelessly to educate our
country on the significance of the Ice Age Floods Geologic Trail.
In many ways, the members of the Institute serve as the proteges of
people like University of Washington professor J. Harlan Bretz and USGS
geologist Joseph Pardee, who fought to make credible their hypothesis
about the historic existence of the Ice Age Floods.
This is a wonderful day for many communities, scientists, and Ice Age
Floods enthusiasts throughout the Pacific Northwest, and for tourism
and geologic education.
The Ice Age Floods Institute has promoted the development of an Ice
Age Floods National Geologic Trail for over 12 years. With the growing
interest and enthusiasm for this concept, this Geologic Trail is a long
time coming. The story of the Ice Age Floods is a truly amazing story
of the forces of nature and their impact on our lives.
When geologists first saw the vast Columbia Basin in eastern
Washington, they recognized that glaciers and flowing water had played
a large part in shaping the extraordinary landscape, with its canyons,
buttes, dry cataracts, boulder fields, and gravel bars.
During the last Ice Age, some 13,000 to 18,000 years ago, an ice cap
covered almost all of Canada and extended down across much of the
Pacific Northwest. In Idaho, a 2,000-foot-high glacier backed water up
in western Montana until it formed Glacial Lake Missoula, totaling 530
cubic miles or more than Lakes Erie and Ontario combined.
When Glacial Lake Missoula deepened enough, the sheer force of the
backed up water undermined the glacial ice dam, and the ice give way in
a cracking explosion. The huge lake was released all at once.
When the dam broke, a towering mass of water and ice was released and
swept across parts of Idaho, Washington, and Oregon on its way to the
ocean.
The peak rate of flow was ten times the combined flow of all the
rivers of the world. The huge lake may have emptied in as little as 2
or 3 days.
Geologists at the University of Washington counted 89 floods without
reaching bottom, leading to present-day estimates of up to 100
catastrophic water releases.
The glacial ice dam would break, sparking cataclysmic floods, fresh
ice would eventually flow from Canada to once more create an ice dam
and Lake Missoula, and the cycle would be repeated every 50 years or
so. It ended only with the melting of the continental ice cap.
These epic floods fundamentally changed the geography and way of life
in the Pacific Northwest. The coulees, buttes, boulder fields, lakes,
ridges and gravel bars they left behind still define the unique
landscape of our State and our region today.
These floods are a remarkable part of our natural heritage. They have
profoundly affected the geography and ways of life in the region but
have remained largely unknown to the general public.
The legacy of the floods includes not only stark scabland and
dramatic dry coulees and cataracts, but also exceptionally fertile,
productive farmland, and significant wetlands and aquifers.
Creating a National Park Service trail to recognize and celebrate how
these floods literally shaped the face of our state will provide an
unparalleled educational resource for Washingtonians and visitors from
across the country.
It will also spur economic development and create jobs in local
communities across eastern and central Washington.
I appreciate the Senate's attention to this bill that will help
educate and interpret one of the largest flooding events known to
science.
To date, more than 30 entities spanning State and local governments,
chambers of commerce, and other civic and community organization
support creation of the trail concept.
This Omnibus Public Land Management Act of 2009 also includes my
Snoqualmie Pass Land Conveyance Act. This hill would transfer an acre
and a half of Forest Service land to the Snoqualmie Pass fire district
to help them build a new fire station.
I specifically thank the fire district commissioner Chris Caviezel
for working so hard on behalf of the people at Snoqualmie Pass and
providing top rate emergency services at one of the most traveled
mountain passes in the country.
During our recent winter storms, which brought several feet of snow,
following by pounding rain and massive land slides at the Pass, Chris
has been on the front lines providing tireless and dedicated round the
clock public service to keep Snoqualmie Pass safe.
The Snoqualmie Pass Fire Department serves a portion of two counties
on both sides of the Cascade Mountains along Interstate 90, a community
of 350 full-time residents that peaks to 1,500 during the ski season.
Additionally, the ski area estimates 20,000 patrons on a busy
weekend, and the Department of Transportation estimates that up to
60,000 vehicles travel through the fire district on a busy day, making
it the busiest mountain highway in the country.
This area is also the major transportation corridor for goods and
services between eastern and western Washington. The all-volunteer fire
department averages over 300 calls a year with about a 10 percent
annual increase in call volumes, which is more than triple the amount
of calls a typical all-volunteer fire department would respond to in a
year.
Eighty-four percent of those incidents are for nontax paying
residents. Consequently, the fire department has the characteristics of
a large city with the limited resources of a small community.
In recent years, this area has been the scene of major winter
snowstorms, multi-vehicle accidents, and even avalanches.
The fire district is often the first responder to incidents in the
area, which is prone to rock slides and avalanches and it is not
uncommon for this community to be isolated for hours or even days at a
time.
Several thousand people can be stranded at the pass during those
periods when the Pass is closed and while the Department of
Transportation works quickly to get the roads back open, it can be very
taxing on local resources.
For decades, the fire district has been leasing its current site from
the Forest Service. They operate out of an aging building that was not
designed to be a fire station.
[[Page S428]]
Through their hard work and dedication, they have served their
community ably despite this building's many shortcomings. However, with
traffic on the rise and the need for emergency services in the area
growing, the fire district needs to move to a true fire station.
The fire district has identified a nearby site that would better
serve the public safety needs at the pass. This location would provide
easy access to the interstate in either direction, reducing emergency
response times.
The parcel is on Forest Service property, immediately adjacent to a
freeway interchange, between a frontage road and the interstate itself.
The parcel was formerly a disposal site during construction of the
freeway and is now a gravel lot.
It is my understanding that there are offers of support to construct
a new fire station from State and local officials, and to mitigate any
effects of construction, and I support those efforts.
I appreciate the efforts of Senator Murray and my colleagues on the
Energy and Natural Resources Committee to review this issue and bring
this bill forward. I look forward to continuing to work with the
community at the pass and my colleagues to improve public safety in the
area.
This Omnibus Public Land Management Act of 2009 also includes my
Pacific Northwest National Scenic Trail Act. This bill would designate
the Pacific Northwest trail a national scenic trail.
The Pacific Northwest is home to some of the most pristine and
breathtaking scenery this country has to offer--from vast patches of
forest and steep, snow capped mountain ranges to sandy beaches, rocky
ocean coast, and green pastures.
The Pacific Northwest Trail, zigzagging from the Continental Divide
to the Pacific Coast, offers all of these spectacular views. The
Pacific Northwest Trail, running from the Continental Divide to the
Pacific Coast, is 1,200 miles long and ranks among the most scenic
trails in the world.
This carefully chosen path runs through the Rocky Mountains, Selkirk
Mountains, Pasayten Wilderness, North Cascades, Olympic Mountains, and
Wilderness Coast. From beginning to end it passes through three States,
crosses three national parks, and winds through seven national forests.
And designating the Pacific Northwest trail a national scenic trail
will give it the proper recognition, bring benefits to neighboring
rural communities, and promote its protection, development, and
maintenance.
In 1980, the National Park Service and the Forest Service completed a
feasibility study of the proposed Pacific Northwest trail. And the
study concluded that the Pacific Northwest trail has the scenic and
recreational qualities needed for designation as a national scenic
trail.
Today, approximately 950 miles of the Pacific Northwest trail are
completed and provide significant outdoor recreational experiences to
citizens and visitors of the United States.
With more recognition and more people from all over the country
``putting on their hiking boots,'' the trail will receive more
eligibility for grants funding and increased attention, which in turn
will result in increased use and more economic activity in rural areas.
National scenic trails provide recreation, conservation, and
enjoyment of significant scenic, historic, natural, and cultural
qualities. The Pacific Northwest trail is a national prize and should
be recognized as such.
This Omnibus Public Land Management Act of 2009 also includes my
wildland firefighter safety legislation. This legislation will improve
accountability and transparency in wildland firefighter safety training
programs. Wildland firefighting and the safety of wildland firefighters
is vitally important to our brave men and women who battle these
blazes, and for the communities that depend on them.
When wildfires do occur we rely on courageous men and women to
protect our communities and natural resources. Every summer, we send
thousands of brave firefighters into harm's way to protect our Nation's
rural communities and public lands.
Of course, fighting fires is inherently dangerous. But we must not
abide preventable deaths: We must not lose firefighters simply because
rules are broken, policies are ignored, and no one is held accountable.
Six years ago, Washington State suffered a horrible tragedy. On July
10, 2001, near Winthrop in Okanogan County, during the second worst
drought in Washington history, the Thirtymile fire burned out of
control and four courageous firefighters died. Sadly, subsequent
investigations revealed that they didn't have to die. The Forest
Service has said the tragedy ``could have been prevented.''
Since then, the courage of the Thirtymile families, standing up and
demanding change, has had a positive impact on the safety of our
wildland firefighters. But we must do much more.
Through training and certification we can lower the risk to the brave
men and women who protect our forests and communities. It's critical
that Congress is actively engaged to ensure this happens.
An inspector general's report released in March 2006 found problems
in the Forest Service's oversight of contracting firefighting crews.
Hundreds are contracted by the Forest Service and State agencies every
year to fight fires. Roughly one-third of the records it sampled showed
that fire fighters' qualification standards had not been met. Too many
have been dispatched to fight fires without the necessary preparation.
This is not new. A 2003 Seattle Times report cited an internal Forest
Service memo identifying the lack of accountability in the contract
firefighting program. A 2004 GAO report found that insufficiently
trained contract crews hampered firefighting efforts. And a 2004 IG
audit found that at the time the Forest Service could not monitor the
certification of more than 80 percent of its own firefighters. That is
unacceptable.
This legislation is a very modest yet important proposal. The Senate
has already passed it once as an amendment to the 2003 healthy forests
legislation, but sadly, it was not included in the conference version
of the bill.
It is clear: this bill's provisions are still a necessary tool to
ensure that Congress and Federal wildland firefighting agencies are as
proactive as possible in protecting the lives of wildland firefighters.
First, the Wildland Firefighter Safety and Transparency Act requires
the Secretaries of Agriculture and Interior to track the funds they
spend on firefighter safety and training. Congress and taxpayers
deserve to know whether and how Federal funds are being spent to ensure
the safety of firefighters.
Improved accountability means improved safety: I hope the Forest
Service will agree to track its funds as part of the administration's
annual budget request.
Second, my legislation requires the Secretaries to report to Congress
annually on their departments' safety and training programs. We need to
monitor Federal firefighting agencies and ensure commitments to reform
are being acted upon. An annual check-in on safety programs from
Congress is essential to making that happen.
Finally, my bill would require the Forest Service to ensure that
private firefighting crews working under federal contracts receive
training consistent with their Federal counterparts. This is critical
not only to protect those private crews but also to safeguard the
Federal, State and tribal employees who stand shoulder-to-shoulder with
the contractors on the fire line.
And so we have an obligation to protect and prepare the brave
firefighters we send into harm's way. I look forward to working with my
House colleagues on approving this legislation.
All of this could not have been accomplished without the strong
support and hard work and dedication of the majority leader and I thank
the leader for successfully moving these priorities.
Mr. DURBIN. Madam President, the Omnibus Public Land Management Act
of 2009 (S. 22) combines more than 160 individual bills to protect
America's wilderness and responsibly manage our natural resources. The
individual measures in this bill were originally introduced by nearly
equal numbers of Democratic and Republican Senators and the vast
majority have broad bipartisan support.
[[Page S429]]
S. 22 would protect over 2 million acres of land by designating it as
wilderness, making it the largest expansion of the National Wilderness
Preservation System in almost 15 years.
The new and expanded wilderness areas established by this bill would
span nine States and include such treasures as: Pictured Rocks National
Lakeshore in Michigan; Monongahela National Forest in West Virginia;
Oregon's Mount Hood; Idaho's Owyhee canyons; the Sierra Nevada
Mountains of California; the Rocky Mountain National Park in Colorado;
Zion National Park in Utah; as well as wilderness-quality lands in
Virginia and New Mexico.
S. 22 would also protect more than 1,000 miles of free-flowing rivers
by adding them to the National Wild and Scenic Rivers System. It would
add thousands of new miles of trails to the National Trails System,
expand the National Park System, and establish new National
Conservation Areas.
The Omnibus Public Land Management Act would create new National
Heritage Areas and authorize additions to the National Park System to
preserve historical sites, including the creation of the Abraham
Lincoln Birthplace National Historic Park in Kentucky.
The package also contains critical measures to responsibly manage our
Nation's water resources, including a provision to assess the impact of
climate change on our national water supply, authorizations to repair
water infrastructure, and the resolution of important water settlements
in the West.
Other key provisions include the establishment of a 26-million-acre
National Landscape Conservation System and protecting more than 1
million acres of Wyoming's Bridger-Teton National Forest from oil and
gas development.
In its waning days, the current administration went forward with a
controversial oil and gas lease sale in Utah that included wilderness
quality lands near several national parks. This sale highlights the
need for Congress to come together and protect our public lands and
precious natural resources for future generations.
I support this package to protect our wilderness areas and preserve
the country's natural resources.
Mr. BINGAMAN. Madam President, this package would not have been
possible without the dedicated work of the majority leader over the
past several months. I wish to particularly thank him for his
commitment to calling up this bill early in this Congress and
proceeding with it. I wish to also acknowledge the excellent work and
energy of the Natural Resources Committee's new ranking minority member
Ms. Murkowski. We have been able to work together to develop a truly
bipartisan combination of bills which is reflected in the broad support
for this package. Of course, I wish to acknowledge the role of Senator
Domenici, who was the ranking member in the prior Congress, for his
hard work that also is reflected in this legislation.
I wish to also recognize the work of three of our subcommittee
chairmen and ranking members: Senators Akaka and Burr on the National
Parks Subcommittee, Senators Wyden and Barrasso from the Public Lands
and Forests Subcommittee, Senator Johnson and Senator Corker of the
Water and Power Subcommittee. Most of the hearings for the bills in
this package were held in those subcommittees. These Senators laid much
of the groundwork for today's vote. Of course, I wish to recognize
Chairman Rahall of the House Natural Resources Committee for all his
work and the work of his staff to resolve any differences that could
have existed with the other body.
We have had superb staff work in developing this legislation. Let me
particularly mention David Brooks, Kara Finkler and, of course, our
staff director, Bob Simon, as well as Sam Fowler, the counsel for our
Energy and Natural Resources staff; also, Mike Connor, who worked very
hard on many of the water provisions contained in the legislation;
Scott Miller, who worked on many of the forest-related sections of this
legislation. I know Senator Murkowski and, prior to her, Senator
Domenici, also had excellent staff work on the Republican side, which
resulted in this legislation coming together in a bipartisan fashion.
So I will put a more complete statement acknowledging the great work
of members of our committee staff in the Record and elaborate on that
as the day proceeds, but I do wish to mention them now.
Madam President, I see my colleague from Oklahoma is here to speak.
How much time remains on the two sides? I know he has 5 minutes. Is
there any time remaining on our side?
The PRESIDING OFFICER. There is no time remaining on the majority
side.
Mr. BINGAMAN. I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
Mr. COBURN. Madam President, in thinking about where we are today, I
asked myself what the average Oklahoman would ask of me about this
bill, or the average person from Wyoming or California.
As I think about it, we have a bill that has 45 blatant earmarks in
it. It is not a new day in Washington. Despite arguments to the
contrary, we are going to significantly alter our access to millions of
barrels of oil and trillions of cubic feet of natural gas by what we
are doing. We are going to create a further imbalance. We have almost
107 million acres of wilderness area. We are going to add another 2.2
million acres to that today. We are going to trample on property rights
as we haven't in decades, both directly and indirectly. I asked myself:
Why are we doing it? I believe we are doing it because we are thinking
in the very short term. I also believe we are doing it because we pride
ourselves in the parochial benefits that we can return to our States at
the expense of the best judgment in terms of decisionmaking for our
future.
As has been noted on this floor, there are many of these bills that I
don't approve that don't have an impact, that aren't earmarks, that
aren't going to take property rights away, that aren't going to limit
our access to available oil and natural gas, proven reserves, but
nevertheless we are going to do those things today, and there are going
to be 20 or 25 votes against it. That doesn't mean the people who are
promoting this are any more genuine or sincere than I am, but I think
what it does mean is we have a short-term, myopic-focused leadership in
the Congress that does not weigh properly the benefits of pleasing the
parochial interests at the expense of our future.
So I have fought very hard for many months to try to make sure a
majority of these bills don't become law--not because I am opposed to
wilderness or heritage areas but because I am for constitutional right
of property ownership, because I know the more and more we take away
from our ability to fill the gap as we transition to alternative
energy, the more money we are going to fund to those people who would
like to see us nonexistent.
It is a privilege to serve in this body. It is a privilege to serve
with gentlemen such as the Senator from New Mexico, the chairman of
this committee, and to benefit from his integrity and his demeanor and
cooperation, but it is also a disappointment that, in my line of
thinking, when you talk with the average American, we shouldn't be
doing anything to take away property rights. We should be doing
everything to assure ourselves increased access to energy in the
future. We should, for sure, eliminate this blatant, corrupt process of
earmarking, not because it is corrupt in terms of at this time or at
that time; it is corrupt because it ignores the future and the costs
and the lack of priority about how we should be spending what are going
to be very limited resources in the future.
So I thank my colleagues for giving me the opportunity to attempt to
put forward what I think are important principles.
I yield the floor.
Mr. BINGAMAN. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Order of Procedure
Mr. REID. Madam President, I had a conversation with the
distinguished
[[Page S430]]
Republican leader, and based on that conversation, I am going to
propound the following unanimous consent request.
I ask unanimous consent that immediately following the vote on the
motion to invoke cloture on the motion to proceed to S. 181, regardless
of the outcome, the Senate proceed to the consideration of calendar No.
16, S. J. Res. 5, the disapproval resolution relating to Emergency
Economic Stabilization Act, and that the vote on passage of the joint
resolution occur at 4:30 p.m., notwithstanding rule XII, paragraph 4;
that the time be divided as provided for under the statute; that at 2
p.m. the consideration and debate be interrupted for the swearing in of
Senator-appointee Burris and that the time utilized be charged against
the majority; and that at 4:30 p.m. today, the Senate proceed to vote
on the joint resolution, with no further intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, I ask unanimous consent that prior to the
second vote on cloture, there be 4 minutes equally divided and
controlled between Senators Mikulski and Enzi or their designees, and
that the second vote in the sequence be 10 minutes in duration.
I suggest this is the so-called Lilly Ledbetter legislation about
which we have been talking.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, the question is on the engrossment and
third reading of the bill, as amended.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. BINGAMAN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is, Shall the bill, S. 22, as amended, pass?
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from Ohio (Mr. Brown), and the Senator from Massachusetts
(Mr. Kennedy) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Kentucky (Mr. Bunning).
Further, if present and voting, the Senator from Kentucky (Mr.
Bunning) would have voted ``nay.''
The result was announced--yeas 73, nays 21, as follows:
[Rollcall Vote No. 3 Leg.]
YEAS--73
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennett
Bingaman
Bond
Boxer
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Cochran
Collins
Conrad
Corker
Crapo
Dodd
Dorgan
Durbin
Enzi
Feingold
Feinstein
Gregg
Hagan
Harkin
Hatch
Inouye
Johnson
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Risch
Rockefeller
Salazar
Sanders
Schumer
Shaheen
Snowe
Specter
Stabenow
Tester
Udall (CO)
Udall (NM)
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--21
Brownback
Burr
Chambliss
Coburn
Cornyn
DeMint
Ensign
Graham
Grassley
Hutchison
Inhofe
Isakson
Johanns
Kyl
McCain
McConnell
Roberts
Sessions
Shelby
Thune
Vitter
NOT VOTING--4
Biden
Brown
Bunning
Kennedy
The bill (S. 22), as amended, was passed, as follows:
S. 22
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
Public Land Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
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.
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.
[[Page S431]]
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.
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.
Subtitle O--Washington County, Utah
Sec. 1971. Definitions.
Sec. 1972. Wilderness areas.
Sec. 1973. Zion National Park wilderness.
Sec. 1974. Red Cliffs National Conservation Area.
Sec. 1975. Beaver Dam Wash National Conservation Area.
Sec. 1976. Zion National Park wild and scenic river designation.
Sec. 1977. Washington County comprehensive travel and transportation
management plan.
Sec. 1978. Land disposal and acquisition.
Sec. 1979. Management of priority biological areas.
Sec. 1980. Public purpose conveyances.
Sec. 1981. Conveyance of Dixie National Forest land.
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
Indians.
Sec. 1983. Authorization of appropriations.
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.
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.
Sec. 6406. Expiration of legislative.
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.
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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. Dayton Aviation Heritage 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.
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 endangered fish programs.
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.
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. Reclamation climate change and water 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.
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.
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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.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement;
authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
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--OCEANS
Subtitle A--Ocean Exploration
PART I--Exploration
Sec. 12001. Purpose.
Sec. 12002. Program established.
Sec. 12003. Powers and duties of the Administrator.
Sec. 12004. Ocean exploration and undersea research technology and
infrastructure task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
PART II--NOAA Undersea Research Program Act of 2009
Sec. 12101. Short title.
Sec. 12102. Program established.
Sec. 12103. Powers of program director.
Sec. 12104. Administrative structure.
Sec. 12105. Research, exploration, education, and technology programs.
Sec. 12106. Competitiveness.
Sec. 12107. Authorization of appropriations.
Subtitle B--Ocean and Coastal Mapping Integration Act
Sec. 12201. Short title.
Sec. 12202. Establishment of program.
Sec. 12203. Interagency committee on ocean and coastal mapping.
Sec. 12204. Biannual reports.
Sec. 12205. Plan.
Sec. 12206. Effect on other laws.
Sec. 12207. Authorization of appropriations.
Sec. 12208. Definitions.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
Sec. 12309. Independent cost estimate.
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E--Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
Program.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical
Botanical Garden.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A--Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with
respect to research on paralysis.
Subtitle B--Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with
respect to research with implications for enhancing daily
function for persons with paralysis.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
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.
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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 continue to
be administered by the Secretary of Agriculture in accordance
with the 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 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
[[Page S435]]
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''.
(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
[[Page S436]]
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'', ``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 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
Addition'', ``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 ``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, oregon.--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, oregon.--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, oregon.--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.
[[Page S437]]
``(175) Zig zag river, oregon.--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, oregon.--
``(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 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, oregon.--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, oregon.--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, oregon.--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 that is within or adjacent to
the Mount Hood National Recreation Area and 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
[[Page S438]]
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;
(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
[[Page S439]]
(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.--
(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;
[[Page S440]]
(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.
(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.
[[Page S441]]
(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--
(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
Acquisitions; 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
Acquisitions; 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.
[[Page S442]]
(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 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 December 15, 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.
[[Page S443]]
(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 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.
[[Page S444]]
``(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 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--
[[Page S445]]
(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.
(e) Release of Wilderness Study Areas.--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 lands within the Sabinoso Wilderness Study Area not
designated as wilderness by this subtitle--
(1) have been adequately studied for wilderness designation
and are 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 applicable law
(including subsection (d)) and the land use management plan
for the surrounding area.
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.
[[Page S446]]
(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.--
(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\.
[[Page S447]]
(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.
(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
[[Page S448]]
State are designated as wilderness and as components of the
National Wilderness Preservation System:
(1) Hoover wilderness additions.--
(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 70,411 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 Wilderness
Addition (1 of 5)'' and dated September 23, 2008;
(ii) the map entitled ``John Muir Proposed Wilderness
Addition (2 of 5)'' and dated September 23, 2008;
(iii) the map entitled ``John Muir Proposed Wilderness
Addition (3 of 5)'' and dated October 31, 2008;
(iv) the map entitled ``John Muir Proposed Wilderness
Addition (4 of 5)'' and dated September 16, 2008; and
(v) the map entitled ``John Muir Proposed Wilderness
Addition (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 34,342 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 12,282 acres, as
generally depicted on the map entitled ``Magic Mountain
Proposed Wilderness'' and dated December 16, 2008, which
shall be known as the ``Magic Mountain Wilderness''.
(8) Pleasant view ridge wilderness.--Certain land in the
Angeles National Forest, comprising approximately 26,757
acres, as generally depicted on the map entitled ``Pleasant
View Ridge Proposed Wilderness'' and dated December 16, 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.
[[Page S449]]
(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--
(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 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
[[Page S450]]
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.
(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, Range 13 East, 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''.
[[Page S451]]
(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. 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.
[[Page S452]]
``(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 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 1902(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
[[Page S453]]
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 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''.
[[Page S454]]
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.
Subtitle O--Washington County, Utah
SEC. 1971. DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The
term ``Beaver Dam Wash National Conservation Area Map'' means
the map entitled ``Beaver Dam Wash National Conservation
Area'' and dated December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan
Mountain Wilderness Map'' means the map entitled ``Canaan
Mountain Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County,
Utah.
(4) Northeastern washington county wilderness map.--The
term ``Northeastern Washington County Wilderness Map'' means
the map entitled ``Northeastern Washington County
Wilderness'' and dated November 12, 2008.
(5) Northwestern washington county wilderness map.--The
term ``Northwestern Washington County Wilderness Map'' means
the map entitled ``Northwestern Washington County
Wilderness'' and dated June 21, 2008.
(6) Red cliffs national conservation area map.--The term
``Red Cliffs National Conservation Area Map'' means the map
entitled ``Red Cliffs National Conservation Area'' and dated
November 12, 2008.
(7) 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.
(8) State.--The term ``State'' means the State of Utah.
(9) Washington county growth and conservation act map.--The
term ``Washington County Growth and Conservation Act Map''
means the map entitled ``Washington County Growth and
Conservation Act Map'' and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
(a) Additions to National Wilderness Preservation System.--
(1) Additions.--Subject to valid existing rights, the
following land in the State is designated as wilderness and
as components of the National Wilderness Preservation System:
(A) Beartrap canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 40 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Beartrap Canyon
Wilderness''.
(B) Blackridge.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 13,015 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Blackridge
Wilderness''.
(C) Canaan mountain.--Certain Federal land in the County
managed by the Bureau of Land Management, comprising
approximately 44,531 acres, as generally depicted on the
Canaan Mountain Wilderness Map, which shall be known as the
``Canaan Mountain Wilderness''.
(D) Cottonwood canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 11,712
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the
``Cottonwood Canyon Wilderness''.
(E) Cottonwood forest.--Certain Federal land managed by the
Forest Service, comprising approximately 2,643 acres, as
generally depicted on the Red Cliffs National Conservation
Area Map, which shall be known as the ``Cottonwood Forest
Wilderness''.
(F) Cougar canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 10,409
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the ``Cougar
Canyon Wilderness''.
(G) Deep creek.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 3,284 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Deep Creek
Wilderness''.
(H) Deep creek north.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 4,262
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``Deep
Creek North Wilderness''.
(I) Doc's pass.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 17,294 acres, as
generally depicted on the Northwestern Washington County
Wilderness Map, which shall be known as the ``Doc's Pass
Wilderness''.
(J) Goose creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 98 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Goose Creek
Wilderness''.
(K) Laverkin creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 445
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``LaVerkin
Creek Wilderness''.
(L) Red butte.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 1,537 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Red Butte
Wilderness''.
(M) Red mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 18,729
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the ``Red
Mountain Wilderness''.
(N) Slaughter creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 3,901
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the
``Slaughter Creek Wilderness''.
(O) Taylor creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 32 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Taylor 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 of each
wilderness area designated by paragraph (1).
(B) Force and 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 any clerical or typographical 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--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) Administration of Wilderness Areas.--
(1) Management.--Subject to valid existing rights, each
area designated as wilderness by subsection (a)(1) 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 that has jurisdiction over the land.
(2) Livestock.--The grazing of livestock in each area
designated as wilderness by subsection (a)(1), where
established before the date of enactment of this Act, shall
be permitted to continue--
(A) subject to such reasonable regulations, policies, and
practices that the Secretary considers 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.Rep. 101-405) and H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(3) Wildfire, insect, and disease management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take such measures in
each area designated as wilderness by subsection (a)(1) as
the Secretary determines to be necessary for the control of
fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of those
activities with a State or local agency).
(4) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any area
designated as wilderness by subsection (a)(1).
(B) Activities outside wilderness.--The fact that an
activity or use on land outside any area designated as
wilderness by subsection (a)(1) can be seen or heard within
the wilderness shall not preclude the activity or use outside
the boundary of the wilderness.
(5) Military overflights.--Nothing in this section
restricts or precludes--
(A) low-level overflights of military aircraft over any
area designated as wilderness by subsection (a)(1), including
military overflights that can be seen or heard within any
wilderness area;
(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 any wilderness area.
(6) Acquisition and incorporation of land and interests in
land.--
[[Page S455]]
(A) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within the boundaries of the
wilderness areas designated by subsection (a)(1) by purchase
from willing sellers, donation, or exchange.
(B) Incorporation.--Any land or interest in land acquired
by the Secretary under subparagraph (A) shall be incorporated
into, and administered as a part of, the wilderness area in
which the land or interest in land is located.
(7) Native american cultural and religious uses.--Nothing
in this section diminishes--
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
(8) Climatological data collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the wilderness areas designated by subsection
(a)(1) if the Secretary determines that the facilities and
access to the facilities are essential to flood warning,
flood control, or water reservoir operation activities.
(9) Water rights.--
(A) Statutory construction.--Nothing in this section--
(i) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as
wilderness by subsection (a)(1);
(ii) shall affect any water rights in the State existing on
the date of enactment of this Act, including any water rights
held by the United States;
(iii) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(iv) shall affect the interpretation of, or any designation
made pursuant to, any other Act; or
(v) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State and other States.
(B) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the
State in order to obtain and hold any water rights not in
existence on the date of enactment of this Act with respect
to the wilderness areas designated by subsection (a)(1).
(10) Fish and wildlife.--
(A) Jurisdiction of state.--Nothing in this section affects
the jurisdiction of the State with respect to fish and
wildlife on public land located in the State.
(B) Authority of secretary.--In furtherance of the purposes
and principles 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 (including
activities to maintain and restore fish and wildlife habitats
to support the populations) in any wilderness area designated
by subsection (a)(1) if the activities are--
(i) consistent with applicable wilderness management plans;
and
(ii) carried out in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) applicable guidelines and policies, including
applicable policies described in Appendix B of House Report
101-405.
(11) Wildlife water development projects.--Subject to
paragraph (12), the Secretary may authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness areas designated by subsection (a)(1) if--
(A) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(12) Cooperative agreement.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall enter
into a cooperative agreement with the State that specifies
the terms and conditions under which wildlife management
activities in the wilderness areas designated by subsection
(a)(1) may be carried out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)--
(A) 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
(B) shall be managed in accordance with applicable law and
the land management plans adopted under section 202 of that
Act (43 U.S.C. 1712).
(d) Transfer of Administrative Jurisdiction to National
Park Service.--Administrative jurisdiction over the land
identified as the Watchman Wilderness on the Northeastern
Washington County Wilderness Map is hereby transferred to the
National Park Service, to be included in, and administered as
part of Zion National Park.
SEC. 1973. ZION NATIONAL PARK WILDERNESS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County, Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under section
1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means
the Zion Wilderness designated by subsection (b)(1).
(3) Zion national park wilderness map.--The term ``Zion
National Park Wilderness Map'' means the map entitled ``Zion
National Park Wilderness'' and dated April 2008.
(b) Zion National Park Wilderness.--
(1) Designation.--Subject to valid existing rights, the
Federal land is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known
as the ``Zion Wilderness''.
(2) Incorporation of acquired land.--Any land located in
the Zion National Park that is acquired by the Secretary
through a voluntary sale, exchange, or donation may, on the
recommendation of the Secretary, become part of the
Wilderness Area, in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(3) Map and legal description.--
(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 of the Wilderness
Area.
(B) Force and effect.--The map and legal description
submitted under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct any clerical or typographical errors in
the map or legal description.
(C) Availability.--The map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the National Park Service.
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
National Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on the
list of threatened species or the list of endangered species
published under section 4(c)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)(1)).
(b) Definitions.--In this section:
(1) Habitat conservation plan.--The term ``habitat
conservation plan'' means the conservation plan entitled
``Washington County Habitat Conservation Plan'' and dated
February 23, 1996.
(2) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
(3) National conservation area.--The term ``National
Conservation Area'' means the Red Cliffs National
Conservation Area that--
(A) consists of approximately 44,725 acres of public land
in the County, as generally depicted on the Red Cliffs
National Conservation Area Map; and
(B) is established by subsection (c).
(4) Public use plan.--The term ``public use plan'' means
the use plan entitled ``Red Cliffs Desert Reserve Public Use
Plan'' and dated June 12, 2000, as amended.
(5) Resource management plan.--The term ``resource
management plan'' means the management plan entitled ``St.
George Field Office Resource Management Plan'' and dated
March 15, 1999, as amended.
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Red Cliffs National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Incorporation of plans.--In developing the management
plan required under paragraph (1), to the extent consistent
with this section, the Secretary may incorporate any
provision of--
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management.--
[[Page S456]]
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further a purpose described in subsection (a).
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area are
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(h) Effect.--Nothing in this section prohibits the
authorization of the development of utilities within the
National Conservation Area if the development is carried out
in accordance with--
(1) each utility development protocol described in the
habitat conservation plan; and
(2) any other applicable law (including regulations).
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.
(a) Purpose.--The purpose of this section is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the Beaver Dam Wash National
Conservation Area.
(b) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
(2) National conservation area.--The term ``National
Conservation Area'' means the Beaver Dam Wash National
Conservation Area that--
(A) consists of approximately 68,083 acres of public land
in the County, as generally depicted on the Beaver Dam Wash
National Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Beaver Dam Wash National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate
the restrictions on motorized vehicles described in
subsection (e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further the purpose described in subsection (a).
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition to
the requirement described in subparagraph (A), with respect
to the areas designated on the Beaver Dam Wash National
Conservation Area Map as ``Designated Road Areas'', motorized
vehicles shall be permitted only on the roads identified on
such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area is
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER
DESIGNATION.
(a) Designation.--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) Zion national park, utah.--The approximately 165.5
miles of segments of the Virgin River and tributaries of the
Virgin River across Federal land within and adjacent to Zion
National Park, as generally depicted on the map entitled
`Wild and Scenic River Segments Zion National Park and Bureau
of Land Management' and dated April 2008, to be administered
by the Secretary of the Interior in the following
classifications:
``(A) Taylor creek.--The 4.5-mile segment from the junction
of the north, middle, and south forks of Taylor Creek, west
to the park boundary and adjacent land rim-to-rim, as a
scenic river.
``(B) North fork of taylor creek.--The segment from the
head of North Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(C) Middle fork of taylor creek.--The segment from the
head of Middle Fork on Bureau of Land Management land to the
junction with Taylor Creek and adjacent land rim-to-rim, as a
wild river.
``(D) South fork of taylor creek.--The segment from the
head of South Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(E) Timber creek and tributaries.--The 3.1-mile segment
from the head of Timber Creek and tributaries of Timber Creek
to the junction with LaVerkin Creek and adjacent land rim-to-
rim, as a wild river.
``(F) Laverkin creek.--The 16.1-mile segment beginning in
T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management
land, southwest through Zion National Park, and ending at the
south end of T. 40 S., R. 12 W., sec. 7, and adjacent land
\1/2\-mile wide, as a wild river.
``(G) Willis creek.--The 1.9-mile segment beginning on
Bureau of Land Management land in the SWSW sec. 27, T. 38 S.,
R. 11 W., to the junction with LaVerkin Creek in Zion
National Park and adjacent land rim-to-rim, as a wild river.
[[Page S457]]
``(H) Beartrap canyon.--The 2.3-mile segment beginning on
Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11
W., to the junction with LaVerkin Creek and the segment from
the headwaters north of Long Point to the junction with
LaVerkin Creek and adjacent land rim-to-rim, as a wild river.
``(I) Hop valley creek.--The 3.3-mile segment beginning at
the southern boundary of T. 39 S., R. 11 W., sec. 20, to the
junction with LaVerkin Creek and adjacent land \1/2\-mile
wide, as a wild river.
``(J) Current creek.--The 1.4-mile segment from the head of
Current Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
``(K) Cane creek.--The 0.6-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(L) Smith creek.--The 1.3-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(M) North creek left and right forks.--The segment of the
Left Fork from the junction with Wildcat Canyon to the
junction with Right Fork, from the head of Right Fork to the
junction with Left Fork, and from the junction of the Left
and Right Forks southwest to Zion National Park boundary and
adjacent land rim-to-rim, as a wild river.
``(N) Wildcat canyon (blue creek).--The segment of Blue
Creek from the Zion National Park boundary to the junction
with the Right Fork of North Creek and adjacent land rim-to-
rim, as a wild river.
``(O) Little creek.--The segment beginning at the head of
Little Creek to the junction with the Left Fork of North
Creek and adjacent land \1/2\-mile wide, as a wild river.
``(P) Russell gulch.--The segment from the head of Russell
Gulch to the junction with the Left Fork of North Creek and
adjacent land rim-to-rim, as a wild river.
``(Q) Grapevine wash.--The 2.6-mile segment from the Lower
Kolob Plateau to the junction with the Left Fork of North
Creek and adjacent land rim-to-rim, as a scenic river.
``(R) Pine spring wash.--The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent land
\1/2\-mile, as a scenic river.
``(S) Wolf springs wash.--The 1.4-mile segment from the
head of Wolf Springs Wash to the junction with Pine Spring
Wash and adjacent land \1/2\-mile wide, as a scenic river.
``(T) Kolob creek.--The 5.9-mile segment of Kolob Creek
beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of
Land Management land and Zion National Park land to the
junction with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(U) Oak creek.--The 1-mile stretch of Oak Creek beginning
in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob
Creek and adjacent land rim-to-rim, as a wild river.
``(V) Goose creek.--The 4.6-mile segment of Goose Creek
from the head of Goose Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(W) Deep creek.--The 5.3-mile segment of Deep Creek
beginning on Bureau of Land Management land at the northern
boundary of T. 39 S., R. 10 W., sec. 23, south to the
junction of the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(X) North fork of the virgin river.--The 10.8-mile
segment of the North Fork of the Virgin River beginning on
Bureau of Land Management land at the eastern border of T. 39
S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent
land rim-to-rim, as a wild river.
``(Y) North fork of the virgin river.--The 8-mile segment
of the North Fork of the Virgin River from Temple of Sinawava
south to the Zion National Park boundary and adjacent land
\1/2\-mile wide, as a recreational river.
``(Z) Imlay canyon.--The segment from the head of Imlay
Creek to the junction with the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(AA) Orderville canyon.--The segment from the eastern
boundary of Zion National Park to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(BB) Mystery canyon.--The segment from the head of
Mystery Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(CC) Echo canyon.--The segment from the eastern boundary
of Zion National Park to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild
river.
``(DD) Behunin canyon.--The segment from the head of
Behunin Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(EE) Heaps canyon.--The segment from the head of Heaps
Canyon to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
``(FF) Birch creek.--The segment from the head of Birch
Creek to the junction with the North Fork of the Virgin River
and adjacent land \1/2\-mile wide, as a wild river.
``(GG) Oak creek.--The segment of Oak Creek from the head
of Oak Creek to where the forks join and adjacent land \1/2\-
mile wide, as a wild river.
``(HH) Oak creek.--The 1-mile segment of Oak Creek from the
point at which the 2 forks of Oak Creek join to the junction
with the North Fork of the Virgin River and adjacent land \1/
2\-mile wide, as a recreational river.
``(II) Clear creek.--The 6.4-mile segment of Clear Creek
from the eastern boundary of Zion National Park to the
junction with Pine Creek and adjacent land rim-to-rim, as a
recreational river.
``(JJ) Pine creek .--The 2-mile segment of Pine Creek from
the head of Pine Creek to the junction with Clear Creek and
adjacent land rim-to-rim, as a wild river.
``(KK) Pine creek.--The 3-mile segment of Pine Creek from
the junction with Clear Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
recreational river.
``(LL) East fork of the virgin river.--The 8-mile segment
of the East Fork of the Virgin River from the eastern
boundary of Zion National Park through Parunuweap Canyon to
the western boundary of Zion National Park and adjacent land
\1/2\-mile wide, as a wild river.
``(MM) Shunes creek.--The 3-mile segment of Shunes Creek
from the dry waterfall on land administered by the Bureau of
Land Management through Zion National Park to the western
boundary of Zion National Park and adjacent land \1/2\-mile
wide as a wild river.''.
(b) Incorporation of Acquired Non-Federal Land.--If the
United States acquires any non-Federal land within or
adjacent to Zion National Park that includes a river segment
that is contiguous to a river segment of the Virgin River
designated as a wild, scenic, or recreational river by
paragraph (204) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the
acquired river segment shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or
recreational river.
(c) Savings Clause.--The amendment made by subsection (a)
does not affect the agreement among the United States, the
State, the Washington County Water Conservancy District, and
the Kane County Water Conservancy District entitled ``Zion
National Park Water Rights Settlement Agreement'' and dated
December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
(4) Travel management plan.--The term ``travel management
plan'' means the comprehensive travel and transportation
management plan developed under subsection (b)(1).
(b) Comprehensive Travel and Transportation Management
Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable laws (including regulations), the
Secretary, in consultation with appropriate Federal agencies
and State, tribal, and local governmental entities, and after
an opportunity for public comment, shall develop a
comprehensive travel management plan for the land managed by
the Bureau of Land Management in the County--
(A) to provide to the public a clearly marked network of
roads and trails with signs and maps to promote--
(i) public safety and awareness; and
(ii) enhanced recreation and general access opportunities;
(B) to help reduce in the County growing conflicts arising
from interactions between--
(i) motorized recreation; and
(ii) the important resource values of public land;
(C) to promote citizen-based opportunities for--
(i) the monitoring and stewardship of the trail; and
(ii) trail system management; and
(D) to support law enforcement officials in promoting--
(i) compliance with off-highway vehicle laws (including
regulations); and
(ii) effective deterrents of abuses of public land.
(2) Scope; contents.--In developing the travel management
plan, the Secretary shall--
(A) in consultation with appropriate Federal agencies,
State, tribal, and local governmental entities (including the
County and St. George City, Utah), and the public, identify 1
or more alternatives for a northern transportation route in
the County;
(B) ensure that the travel management plan contains a map
that depicts the trail; and
(C) designate a system of areas, roads, and trails for
mechanical and motorized use.
(c) Designation of Trail.--
(1) Designation.--
(A) In general.--As a component of the travel management
plan, and in accordance
[[Page S458]]
with subparagraph (B), the Secretary, in coordination with
the Secretary of Agriculture, and after an opportunity for
public comment, shall designate a trail (which may include a
system of trails)--
(i) for use by off-highway vehicles; and
(ii) to be known as the ``High Desert Off-Highway Vehicle
Trail''.
(B) Requirements.--In designating the trail, the Secretary
shall only include trails that are--
(i) as of the date of enactment of this Act, authorized for
use by off-highway vehicles; and
(ii) located on land that is managed by the Bureau of Land
Management in the County.
(C) National forest land.--The Secretary of Agriculture, in
coordination with the Secretary and in accordance with
applicable law, may designate a portion of the trail on
National Forest System land within the County.
(D) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices
of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) Management.--
(A) In general.--The Secretary concerned shall manage the
trail--
(i) in accordance with applicable laws (including
regulations);
(ii) to ensure the safety of citizens who use the trail;
and
(iii) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(B) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary concerned shall--
(i) annually assess the effects of the use of off-highway
vehicles on--
(I) the trail; and
(II) land located in proximity to the trail; and
(ii) in consultation with the Utah Department of Natural
Resources, annually assess the effects of the use of the
trail on wildlife and wildlife habitat.
(C) Closure.--The Secretary concerned, in consultation with
the State and the County, and subject to subparagraph (D),
may temporarily close or permanently reroute a portion of the
trail if the Secretary concerned determines that--
(i) the trail is having an adverse impact on--
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary--
(I) to repair damage to the trail; or
(II) to repair resource damage.
(D) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary concerned under
subparagraph (C) may be permanently rerouted along any road
or trail--
(i) that is--
(I) in existence as of the date of the closure of the
portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines that rerouting
the portion of the trail would not significantly increase or
decrease the length of the trail.
(E) Notice of available routes.--The Secretary, in
coordination with the Secretary of Agriculture, shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(i) the placement of appropriate signage along the trail;
and
(ii) the distribution of maps, safety education materials,
and other information that the Secretary concerned determines
to be appropriate.
(3) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the
Secretary of the Interior may sell public land located within
Washington County, Utah, 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 portion 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 to be known as the ``Washington County, Utah
Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
from willing sellers lands or interests in land within the
wilderness areas and National Conservation Areas established
by this subtitle.
(B) Applicability.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) In General.--In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior
shall--
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) Grants; Cooperative Agreements.--In carrying out
subsection (a), the Secretary of the Interior may make grants
to, or enter into cooperative agreements with, State, tribal,
and local governmental entities and private entities to
conduct research, develop scientific analyses, and carry out
any other initiative relating to the restoration or
conservation of the areas.
SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) 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),
upon the request of the appropriate local governmental
entity, as described below, the Secretary shall convey the
following parcels of public land without consideration,
subject to the provisions of this section:
(1) Temple quarry.--The approximately 122-acre parcel known
as ``Temple Quarry'' as generally depicted on the Washington
County Growth and Conservation Act Map as ``Parcel B'', to
the City of St. George, Utah, for open space and public
recreation purposes.
(2) Hurricane city sports park.--The approximately 41-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel C'', to the City of
Hurricane, Utah, for public recreation purposes and public
administrative offices.
(3) Washington county school district.--The approximately
70-acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ``Parcel D'', to the
Washington County Public School District for use for public
school and related educational and administrative purposes.
(4) Washington county jail.--The approximately 80-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel E'', to Washington
County, Utah, for expansion of the Purgatory Correctional
Facility.
(5) Hurricane equestrian park.--The approximately 40-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel F'', to the City of
Hurricane, Utah, for use as a public equestrian park.
(b) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the parcels to be conveyed
under this section. The Secretary may correct any minor
errors in the map referenced in subsection (a) or in the
applicable legal descriptions. The map and legal descriptions
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Reversion.--
(1) In general.--If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel
was conveyed, as described in subsection (a), 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.
(2) Responsibility of local governmental entity.--If the
Secretary determines pursuant to paragraph (1) that the land
should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous
waste, the local governmental entity to which the land was
conveyed shall be responsible for remediation of the
contamination.
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' means the approximately 66.07 acres of land in the
Dixie National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means Kirk R.
Harrison, who owns land in Pinto Valley, Utah.
(3) Map.--The term ``map'' means the map entitled
``Conveyance of Dixie National Forest Land'' and dated
December 18, 2008.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--The Secretary may convey to the landowner
all right, title, and interest of the United States in and to
any of the covered Federal land (including any improvements
or appurtenances to the covered Federal land) by sale or
exchange.
(2) Legal description.--The exact acreage and legal
description of the covered Federal land to be conveyed under
paragraph (1) shall be determined by surveys satisfactory to
the Secretary.
(3) Consideration.--
(A) In general.--As consideration for any conveyance by
sale under paragraph (1), the landowner shall pay to the
Secretary an amount equal to the fair market value of any
Federal land conveyed, as determined under subparagraph (B).
(B) Appraisal.--The fair market value of any Federal land
that is conveyed under paragraph (1) shall be determined by
an appraisal acceptable to the Secretary that is performed in
accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(iii) any other applicable law (including regulations).
(4) Disposition and use of proceeds.--
[[Page S459]]
(A) Disposition of proceeds.--The Secretary shall deposit
the proceeds of any 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) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of real
property or interests in real property for inclusion in the
Dixie National Forest in the State.
(5) Additional terms and conditions.--The Secretary may
require any additional terms and conditions for any
conveyance under paragraph (1) that the Secretary determines
to be appropriate to protect the interests of the United
States.
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF
PAIUTE INDIANS.
(a) Definitions.--In this section:
(1) Parcel a.--The term ``Parcel A'' means the parcel that
consists of approximately 640 acres of land that is--
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ``Washington County Growth
and Conservation Act Map''.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of
Paiute Indians of the State of Utah.
(b) Parcel To Be Held in Trust.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) Survey; legal description.--
(A) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the
Director of the Bureau of Land Management, shall complete a
survey of Parcel A to establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) In general.--Upon the completion of the survey under
subparagraph (A), the Secretary shall publish in the Federal
Register a legal description of--
(I) the boundary line of Parcel A; and
(II) Parcel A.
(ii) Technical corrections.--Before the date of publication
of the legal descriptions under clause (i), the Secretary may
make minor corrections to correct technical and clerical
errors in the legal descriptions.
(iii) Effect.--Effective beginning on the date of
publication of the legal descriptions under clause (i), the
legal descriptions shall be considered to be the official
legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date of
enactment of this Act;
(B) enlarges, impairs, or otherwise affects any right or
claim of the Tribe to any land or interest in land other than
to Parcel A that is--
(i) based on an aboriginal or Indian title; and
(ii) in existence as of the date of enactment of this Act;
or
(C) constitutes an express or implied reservation of water
or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken
into trust pursuant to this section shall be considered to be
part of the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
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
(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.--
(1) In general.--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--
(A) the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(D) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
trapping and recreational shooting on public land managed by
the Bureau of Land Management. Nothing in this subtitle shall
be construed as limiting access for hunting, fishing,
trapping, or recreational shooting.
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
December 17, 2008.
(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
[[Page S460]]
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--
(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 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 December 15, 2008.
(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
[[Page S461]]
(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) 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.
(e) 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 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--
[[Page S462]]
(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 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
[[Page S463]]
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 Land
Management Act of 2009''.
(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 Land Management Act of 2009''.
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 November 7, 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 1,848 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.
(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 46 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
[[Page S464]]
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 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
[[Page S465]]
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.--
(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
[[Page S466]]
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.
(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
[[Page S467]]
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 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--
[[Page S468]]
(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 3203)
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, 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
[[Page S469]]
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
Acquisitions; and
(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
[[Page S470]]
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.
(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:
[[Page S471]]
(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.
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;
[[Page S472]]
(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--
(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
[[Page S473]]
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:
``(205) 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 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) Short Title.--This section may be cited as the ``Craig
Thomas Snake Headwaters Legacy Act of 2008''.
(b) 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.
(c) 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
(d)) 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 (d)) 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.
(d) Wild and Scenic River Designations, Snake River
Headwaters, Wyoming.--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:
``(206) Snake river headwaters, wyoming.--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--
[[Page S474]]
``(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.''.
(e) 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 (d)) 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 (d)) 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
(d)) may be 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.
(f) 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(d)) 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
[[Page S475]]
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, 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.
[[Page S476]]
(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
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
[[Page S477]]
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.
``(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.''.
[[Page S478]]
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.
(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).
[[Page S479]]
(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
(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
[[Page S480]]
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 5 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 2 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:
(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
[[Page S481]]
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.--
(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.
[[Page S482]]
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 primarily
for health and safety purposes (including access to and from
the Cold Bay Airport) and 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, unless a different
type barrier is required as a mitigation measure in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2).
(3) Required dimensions and design features.--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;
(C) be constructed to comply with any specific design
features identified in the Record of Decision for Final
Environmental Impact Statement required in section 6402(b)(2)
as Mitigation Measures relative to the passage and migration
of wildlife, and also the exchange of tidal flows, where
applicable, in accordance with applicable Federal and State
design standards; and
(D) 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.
(3) Avoidance of wildlife impacts.--Road construction shall
adhere to any specific mitigation measures included in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2) that--
(A) identify critical periods during the calendar year when
the refuge is utilized by wildlife, especially migratory
birds; and
(B) include specific mandatory strategies to alter, limit
or halt construction activities during identified high risk
periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) Mitigation of wetland loss.--The plan developed under
this subsection shall comply with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) with regard to
minimizing, to the greatest extent practicable, the filling,
fragmentation or loss of wetlands, especially intertidal
wetlands, and shall evaluate mitigating effect of those
wetlands transferred in Federal ownership under the
provisions of this subtitle.
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.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction
of a road shall expire at the end of the 7-year period
beginning on the date of the enactment of this subtitle
unless a construction permit has been issued during that
period.
(b) Extension of Authority.--If a construction permit is
issued within the allotted period, the 7-year authority shall
be extended for a period of 5 additional years beginning on
the date of issuance of the construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging the land exchange or construction of the road
(including a challenge to the NEPA process, decisions, or any
required permit process required to complete construction of
the road), the 7-year deadline or the five-year extension
period, as appropriate, shall be extended for a time period
equivalent to the time consumed by the full adjudication of
the legal challenge or related administrative process.
(2) Injunction.--After a construction permit has been
issued, if a court issues an injunction against construction
of the road, the 7-year deadline or 5-year extension, as
appropriate, shall be extended for a time period equivalent
to time period that the injunction is in effect.
(d) Applicability of Section 6405.--Upon the expiration of
the legislative authority under this section, if a road has
not been constructed, the land exchange shall be null and
void and the land ownership shall revert to the respective
ownership status prior to the land exchange as provided in
section 6405.
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.
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
[[Page S483]]
(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.
(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
[[Page S484]]
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 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).
[[Page S485]]
(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 2009, 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.
(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;
[[Page S486]]
(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 160/60411A, 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'', along with a
perpetual easement on a corridor of land contiguous to Tract
B for the purpose of vegetation management.
(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.
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
[[Page S487]]
``(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.
(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
[[Page S488]]
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
historic 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. DAYTON AVIATION HERITAGE 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:
``(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''.
[[Page S489]]
(c) Grant Assistance.--The Dayton Aviation Heritage
Preservation Act of 1992, is amended--
(1) by redesignating subsection (b) of section 108 as
subsection (c); and
(2) 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.''.
(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
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).
[[Page S490]]
(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;
(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.
[[Page S491]]
(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.
(a) Purpose.--The purpose of this section is to assist
citizens, public and private institutions, and governments at
all levels in planning, interpreting, and protecting sites
where historic battles were fought on American soil during
the armed conflicts that shaped the growth and development of
the United States, in order that present and future
generations may learn and gain inspiration from the ground
where Americans made their ultimate sacrifice.
(b) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary
of the Interior, acting through the American Battlefield
Protection Program, shall encourage, support, assist,
recognize, and work in partnership with citizens, Federal,
State, local, and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
in identifying, researching, evaluating, interpreting, and
protecting historic battlefields and associated sites on a
National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial
assistance.
(3) Authorization of appropriations.--There are authorized
to be appropriated $3,000,000 annually to carry out this
subsection, to remain available until expended.
(c) Battlefield Acquisition Grant Program.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term ``Battlefield Report''
means the document entitled ``Report on the Nation's Civil
War Battlefields'', prepared by the Civil War Sites Advisory
Commission, and dated July 1993.
(B) Eligible entity.--The term ``eligible entity'' means a
State or local government.
(C) Eligible site.--The term ``eligible site'' means a
site--
(i) that is not within the exterior boundaries of a unit of
the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the
Secretary may provide grants to eligible entities to pay the
Federal share of the cost of acquiring interests in eligible
sites for the preservation and protection of those eligible
sites.
(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
(4) Non-federal share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
subsection shall be not less than 50 percent.
(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to
section 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)).
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this subsection $10,000,000 for each of fiscal years 2009
through 2013.
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
[[Page S492]]
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.
(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
[[Page S493]]
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.--
(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--
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(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.
(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.
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
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(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.--
(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
[[Page S496]]
(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;
(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;
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(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 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--
[[Page S498]]
(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.
(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--
[[Page S499]]
(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;
(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
[[Page S500]]
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;
(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;
[[Page S501]]
(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;
(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--
[[Page S502]]
(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.--
(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;
[[Page S503]]
(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 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.
[[Page S504]]
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.
(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
[[Page S505]]
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.
(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;
[[Page S506]]
(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.
(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.
[[Page S507]]
(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
(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
[[Page S508]]
(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.
(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.
[[Page S509]]
(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
(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 Kenai Mountains-Turnagain Arm NHA'' 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;
[[Page S510]]
(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.--
(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
[[Page S511]]
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 $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
[[Page S512]]
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 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 2009, 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:
[[Page S513]]
``(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 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.
[[Page S514]]
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 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.
[[Page S515]]
(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:
``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
[[Page S516]]
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--
(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 ENDANGERED FISH PROGRAMS.
(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,''.
[[Page S517]]
(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 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.
[[Page S518]]
(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;
(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:
[[Page S519]]
``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 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
[[Page S520]]
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.
``(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
[[Page S521]]
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.
(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.
[[Page S522]]
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.
(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).
[[Page S523]]
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a) In General.--The Secretary shall establish a climate
change adaptation program--
(1) to coordinate with the Administrator and other
appropriate agencies 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) coordinate 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
(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
[[Page S524]]
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 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) Authority.--The Secretary of Energy may enter into
contracts, grants, or other agreements with appropriate
entities to carry out this section.
(e) Costs.--
(1) Nonreimbursable.--Any costs incurred by the Secretary
of Energy in carrying out this section shall be
nonreimbursable.
(2) PMA costs.--Each Federal Power Marketing Administration
shall incur costs in carrying out this section only to the
extent that appropriated funds are provided by the Secretary
of Energy for that purpose.
(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. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary and the Administrator
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 freshwater 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 Under
Secretary for Natural Resources and Environment);
(5) the Commissioner;
(6) the Secretary of the Army, acting through 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 freshwater
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
freshwater watershed and aquifer located in the United
States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and
surface water interactions; and
(6) to apply the hydrologic and other models developed
under paragraph (5) to water resource management problems
identified by the panel, including the need to maintain or
improve ecological resiliency at watershed and aquifer system
scales.
(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
[[Page S525]]
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 the Panel and consistent with this
section, shall proceed with implementation of the national
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 Integrated 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
[[Page S526]]
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;
(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
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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--
(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.
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:
(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
[[Page S528]]
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.
(h) Interim Flows.--
(1) Study required.--Prior to releasing any Interim Flows
under the Settlement, the Secretary shall prepare an analysis
in compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including at a minimum--
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage monitoring
program;
(C) an evaluation of--
(i) possible impacts associated with the release of Interim
Flows; and
(ii) mitigation measures for those impacts that are
determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any, of any
fish screens, fish bypass facilities, fish salvage
facilities, and related operations on the San Joaquin River
south of the confluence with the Merced River required under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
as a result of the Interim Flows.
(2) Conditions for release.--The Secretary is authorized to
release Interim Flows to the extent that such flows would
not--
(A) impede or delay completion of the measures specified in
Paragraph 11(a) of the Settlement; or
(B) exceed existing downstream channel capacities.
(3) Seepage impacts.--The Secretary shall reduce Interim
Flows to the extent necessary to address any material adverse
impacts to third parties from groundwater seepage caused by
such flows that the Secretary identifies based on the
monitoring program of the Secretary.
(4) Temporary fish barrier program.--The Secretary, in
consultation with the California Department of Fish and Game,
shall evaluate the effectiveness of the Hills Ferry barrier
in preventing the unintended upstream migration of anadromous
fish in the San Joaquin River and any false migratory
pathways. If that evaluation determines that any such
migration past the barrier is caused by the introduction of
the Interim Flows and that the presence of such fish will
result in the imposition of additional regulatory actions
against third parties, the Secretary is authorized to assist
the Department of Fish and Game in making improvements to the
barrier. From funding made available in accordance with
section 10009, if third parties along the San Joaquin River
south of its confluence with the Merced River are required to
install fish screens or fish bypass facilities due to the
release of Interim Flows in order to comply with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Secretary shall bear the costs of the installation of such
screens or facilities if such costs would be borne by the
Federal Government under section 10009(a)(3), except to the
extent that such costs are already or are further willingly
borne by the State of California or by the third parties.
(i) Funding Availability.--
(1) In general.--Funds shall be collected in the San
Joaquin River Restoration Fund through October 1, 2019, and
thereafter, with substantial amounts available through
October 1, 2019, pursuant to section 10009 for implementation
of the Settlement and parts I and III, including--
(A) $88,000,000, to be available without further
appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be appropriated,
including the charges required under section 10007 and an
estimated $20,000,000 from the CVP Restoration Fund pursuant
to section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000 by the
State of California.
(2) Additional amounts.--Substantial additional amounts
from the San Joaquin River Restoration Fund shall become
available without further appropriation after October 1,
2019, pursuant to section 10009(c)(2).
(3) Effect of subsection.--Nothing in this subsection
limits the availability of funds authorized for appropriation
pursuant to section 10009(b) or 10203(c).
(j) San Joaquin River Exchange Contract.--Subject to
section 10006(b), nothing in this part shall modify or amend
the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States,
Department of the Interior, Bureau of Reclamation and Central
California Irrigation District, San Luis Canal Company,
Firebaugh Canal Water District and Columbia Canal Company.
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
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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.
(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 San Joaquin River
Restoration 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,
2019, 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 11(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.--
[[Page S530]]
(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
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
[[Page S531]]
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 October
1, 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 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.
(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.).
[[Page S532]]
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.
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.).
[[Page S533]]
(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 & 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--
[[Page S534]]
``(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.
``(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);
[[Page S535]]
(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 2020 through
2029, 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 2020 through 2034, 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).
(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, 2020, 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 2020 through
2029.
(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, 2020, 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, 2020, 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 2020 through
2029.
(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, 2020, 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 2020 through
2029.
(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, 2019,
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.
[[Page S536]]
(f) Termination.--On September 30, 2034--
(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--
(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.
[[Page S537]]
(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 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
[[Page S538]]
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
(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
[[Page S539]]
(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 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.--
[[Page S540]]
(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.
(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 2016, 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 2019, 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 2019.
(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.
[[Page S541]]
(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.
(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, 2010, the
Secretary shall execute the Agreement.
(ii) Contract.--Not later than December 31, 2010, the
Secretary and the Nation shall execute the Contract.
(iii) Partial final decree.--Not later than December 31,
2013, 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, 2016, 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, 2016, 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, 2019, 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.--
[[Page S542]]
(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,
2019, 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
(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 2010 through 2014;
and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
SEC. 10703. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States.--In return
for recognition of the Nation's water rights and other
benefits, including but not limited to the commitments by
other parties, as set forth in the Agreement and this
subtitle, 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 in its capacity as
trustee for the Nation, shall 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 any proceeding,
including but not limited to the stream adjudication, up to
and including the effective date described in subsection (e),
except to the extent that such rights are recognized in the
Agreement or this subtitle;
(2) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking
of water (including but not limited to claims for injury to
lands resulting from such damages, losses, injuries,
interference with, diversion, or taking) in the San Juan
River Basin in the State of New Mexico that accrued at any
time up to and including the effective date described in
subsection (e);
(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; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the Agreement.
(b) Claims by the Nation Against the United States.--The
Nation, on behalf of itself and its members (other than in
the capacity of the members as allottees), shall execute a
waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters of
the San Juan River Basin in the State of New Mexico that the
United States, acting in its capacity as trustee for the
Nation, asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including but not limited to damages,
losses, or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water rights; claims
relating to inference with, diversion, or taking of water or
water rights; or claims relating to failure to protect,
acquire, replace, or develop water or water rights) in the
San Juan River Basin in the State of New Mexico that first
accrued at any time up to and including the effective date
described in subsection (e);
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Nation's water rights in the stream
adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the
adoption of the Agreement, the decrees, the Contract, or this
subtitle.
(c) Reservation of Claims.--Notwithstanding the waivers and
releases authorized in this subtitle, the Nation on behalf of
itself and its members (including members in the capacity of
the members as allottees) and the United States acting in its
capacity as trustee for the Nation and allottees, retain--
[[Page S543]]
(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 date of enactment of this
Act;
(4) all claims relating to activities affecting the quality
of water not related to the exercise of water rights,
including but not limited to any claims the Nation might have
under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(5) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released under the terms
of the Agreement or this subtitle.
(d) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(e) Effective Date.--
(1) In general.--The waivers and releases described in
subsections (a) and (b) 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 described 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 subsections (a)
and (b) 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.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
SEC. 10801. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in accordance
with the trust responsibility of the United States to Indian
tribes, to promote Indian self-determination and economic
self-sufficiency and to settle Indian water rights claims
without lengthy and costly litigation, if practicable;
(2) quantifying rights to water and development of
facilities needed to use tribal water supplies is essential
to the development of viable Indian reservation economies and
the establishment of a permanent reservation homeland;
(3) uncertainty concerning the extent of the Shoshone-
Paiute Tribes' water rights has resulted in limited access to
water and inadequate financial resources necessary to achieve
self-determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all
tribal claims to water rights in the Snake River Basin
Adjudication through a consent decree entered by the District
Court of the Fifth Judicial District of the State of Idaho,
requiring no further Federal action to quantify the Tribes'
water rights in the State of Idaho;
(5) as of the date of enactment of this Act, proceedings to
determine the extent and nature of the water rights of the
Tribes in the East Fork of the Owyhee River in Nevada are
pending before the Nevada State Engineer;
(6) final resolution of the Tribes' water claims in the
East Fork of the Owyhee River adjudication will--
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to water,
with economic and social consequences;
(D) prolong uncertainty relating to the availability of
water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State,
and the upstream water users have entered into a settlement
agreement to resolve permanently all water rights of the
Tribes in the State; and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
SEC. 10802. PURPOSES.
The purposes of this subtitle are--
(1) to resolve outstanding issues with respect to the East
Fork of the Owyhee River in the State in such a manner as to
provide important benefits to--
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Tribes, members of the Tribes, and the
United States on behalf of the Tribes and members of Tribes
to the waters of the East Fork of the Owyhee River in the
State;
(3) to ratify and provide for the enforcement of the
Agreement among the parties to the litigation;
(4) to resolve the Tribes' water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of
the Secretary under the Agreement and this subtitle; and
(6) to authorize the actions and appropriations necessary
to meet the obligations of the United States under the
Agreement and this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled the ``Agreement to Establish the Relative Water
Rights of the Shoshone-Paiute Tribes of the Duck Valley
Reservation and the Upstream Water Users, East Fork Owyhee
River'' and signed in counterpart between, on, or about
September 22, 2006, and January 15, 2007 (including all
attachments to that Agreement).
(2) Development fund.--The term ``Development Fund'' means
the Shoshone-Paiute Tribes Water Rights Development Fund
established by section 10807(b)(1).
(3) East fork of the owyhee river.--The term ``East Fork of
the Owyhee River'' means the portion of the east fork of the
Owyhee River that is located in the State.
(4) Maintenance fund.--The term ``Maintenance Fund'' means
the Shoshone-Paiute Tribes Operation and Maintenance Fund
established by section 10807(c)(1).
(5) Reservation.--The term ``Reservation'' means the Duck
Valley Reservation established by the Executive order dated
April 16, 1877, as adjusted pursuant to the Executive order
dated May 4, 1886, and Executive order numbered 1222 and
dated July 1, 1910, for use and occupation by the Western
Shoshones and the Paddy Cap Band of Paiutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) Tribal water rights.--The term ``tribal water rights''
means rights of the Tribes described in the Agreement
relating to water, including groundwater, storage water, and
surface water.
(9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) Upstream water user.--The term ``upstream water user''
means a non-Federal water user that--
(A) is located upstream from the Reservation on the East
Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to the East
Fork of the Owyhee River adjudication.
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF
AGREEMENT; AUTHORIZATION.
(a) In General.--Except as provided in subsection (c) and
except to the extent that the Agreement otherwise conflicts
with provisions of this subtitle, the Agreement is approved,
ratified, and confirmed.
(b) Secretarial Authorization.--The Secretary is authorized
and directed to execute the Agreement as approved by
Congress.
(c) Exception for Tribal Water Marketing.--Notwithstanding
any language in the Agreement to the contrary, nothing in
this subtitle authorizes the Tribes to use or authorize
others to use tribal water rights off the Reservation, other
than use for storage at Wild Horse Reservoir for use on
tribal land and for the allocation of 265 acre feet to
upstream water users under the Agreement, or use on tribal
land off the Reservation.
(d) Environmental Compliance.--Execution of the Agreement
by the Secretary under this section shall not constitute
major Federal action under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out
all environmental compliance required by Federal law in
implementing the Agreement.
(e) Performance of Obligations.--The Secretary and any
other head of a Federal agency obligated under the Agreement
shall perform actions necessary to carry out an obligation
under the Agreement in accordance with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
(a) In General.--Tribal water rights shall be held in trust
by the United States for the benefit of the Tribes.
(b) Administration.--
(1) Enactment of water code.--Not later than 3 years after
the date of enactment of this Act, the Tribes, in accordance
with provisions of the Tribes' constitution and subject to
the approval of the Secretary, shall enact a water code to
administer tribal water rights.
[[Page S544]]
(2) Interim administration.--The Secretary shall regulate
the tribal water rights during the period beginning on the
date of enactment of this Act and ending on the date on which
the Tribes enact a water code under paragraph (1).
(c) Tribal Water Rights Not Subject to Loss.--The tribal
water rights shall not be subject to loss by abandonment,
forfeiture, or nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) Status of the Duck Valley Indian Irrigation Project.--
Nothing in this subtitle shall affect the status of the Duck
Valley Indian Irrigation Project under Federal law.
(b) Capital Costs Nonreimbursable.--The capital costs
associated with the Duck Valley Indian Irrigation Project as
of the date of enactment of this Act, including any capital
cost incurred with funds distributed under this subtitle for
the Duck Valley Indian Irrigation Project, shall be
nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
(a) Definition of Funds.--In this section, the term
``Funds'' means--
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) Development Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Water Rights Development Fund''.
(2) Use of funds.--
(A) Priority use of funds for rehabilitation.--The Tribes
shall use amounts in the Development Fund to--
(i) rehabilitate the Duck Valley Indian Irrigation Project;
or
(ii) for other purposes under subparagraph (B), provided
that the Tribes have given written notification to the
Secretary that--
(I) the Duck Valley Indian Irrigation Project has been
rehabilitated to an acceptable condition; or
(II) sufficient funds will remain available from the
Development Fund to rehabilitate the Duck Valley Indian
Irrigation Project to an acceptable condition after expending
funds for other purposes under subparagraph (B).
(B) Other uses of funds.--Once the Tribes have provided
written notification as provided in subparagraph (A)(ii)(I)
or (A)(ii)(II), the Tribes may use amounts from the
Development Fund for any of the following purposes:
(i) To expand the Duck Valley Indian Irrigation Project.
(ii) To pay or reimburse costs incurred by the Tribes in
acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife habitat.
(v) For fish or wildlife production, water resource
development, or agricultural development.
(vi) For water resource planning and development.
(vii) To pay the costs of--
(I) designing and constructing water supply and sewer
systems for tribal communities, including a water quality
testing laboratory;
(II) other appropriate water-related projects and other
related economic development projects;
(III) the development of a water code; and
(IV) other costs of implementing the Agreement.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Development Fund $9,000,000 for each of fiscal years 2010
through 2014.
(c) Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Operation and Maintenance Fund''.
(2) Use of funds.--The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for--
(A) operation, maintenance, and replacement costs of the
Duck Valley Indian Irrigation Project and other water-related
projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of water
supply and sewer systems for tribal communities, including
the operation and maintenance costs of a water quality
testing laboratory.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Maintenance Fund $3,000,000 for each of fiscal years 2010
through 2014.
(d) Availability of Amounts From Funds.--Amounts made
available under subsections (b)(3) and (c)(3) shall be
available for expenditure or withdrawal only after the
effective date described in section 10808(d).
(e) Administration of Funds.--Upon completion of the
actions described in section 10808(d), the Secretary, in
accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the
Funds, including by investing amounts from the Funds in
accordance with the Act of April 1, 1880 (25 U.S.C. 161), and
the first section of the Act of June 24, 1938 (25 U.S.C.
162a).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribes may withdraw all or part of
amounts in the Funds on approval by the Secretary of a tribal
management plan as described in the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the 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 Tribes spend any amounts withdrawn from the
Funds in accordance with the purposes described in subsection
(b)(2) or (c)(2).
(C) 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
Funds under the plan are used in accordance with this
subtitle and the Agreement.
(D) Liability.--If the Tribes exercise the right to
withdraw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the amounts.
(2) Expenditure plan.--
(A) In general.--The Tribes shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Funds that the Tribes do not withdraw under
the tribal management plan.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts of the
Tribes remaining in the Funds 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 and the Agreement.
(D) Annual report.--For each Fund, the Tribes shall submit
to the Secretary an annual report that describes all
expenditures from the Fund during the year covered by the
report.
(3) Funding agreement.--Notwithstanding any other provision
of this subtitle, on receipt of a request from the Tribes,
the Secretary shall include an amount from funds made
available under this section in the funding agreement of the
Tribes under title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.), for use
in accordance with subsections (b)(2) and (c)(2). No amount
made available under this subtitle may be requested until the
waivers under section 10808(a) take effect.
(g) No Per Capita Payments.--No amount from the Funds
(including any interest income that would have accrued to the
Funds after the effective date) shall be distributed to a
member of the Tribes on a per capita basis.
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims by Tribes and United
States Acting as Trustee for Tribes.--In return for
recognition of the Tribes' water rights and other benefits as
set forth in the Agreement and this subtitle, the Tribes, on
behalf of themselves and their members, and the United States
acting in its capacity as trustee for the Tribes are
authorized to execute a waiver and release of--
(1) all claims for water rights in the State of Nevada that
the Tribes, or the United States acting in its capacity as
trustee for the Tribes, asserted, or could have asserted, in
any proceeding, including pending proceedings before the
Nevada State Engineer to determine the extent and nature of
the water rights of the Tribes in the East Fork of the Owyhee
River in Nevada, up to and including the effective date,
except to the extent that such rights are recognized in the
Agreement or this subtitle; and
(2) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water rights (including claims for injury to lands resulting
from such damages, losses, injuries, interference with,
diversion, or taking of water rights) within the State of
Nevada that accrued at any time up to and including the
effective date.
(b) Waiver and Release of Claims by Tribes Against United
States.--The Tribes, on behalf of themselves and their
members, are authorized to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights
in or water of the States of Nevada and Idaho that the United
States acting in its capacity as trustee for the Tribes
asserted, or could have asserted, in any proceeding,
including pending proceedings before the Nevada State
Engineer to determine the extent and nature of the water
rights of the Tribes in the East Fork of the Owyhee River in
Nevada, and the Snake River Basin Adjudication in Idaho;
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or
injuries to water, water rights, land, or other resources due
to loss of water or water rights (including damages, losses
or injuries to fishing and other similar rights due to loss
of water or water rights; claims relating to interference
with, diversion or taking of water; or claims relating to
failure to protect, acquire, replace, or develop water, water
rights or water infrastructure) within the States of Nevada
and Idaho that first accrued at any time up to and including
the effective date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or
rehabilitation of the Duck Valley Indian Irrigation Project
that first accrued at any time up to and including the date
upon which the Tribes notify the
[[Page S545]]
Secretary as provided in section 10807(b)(2)(A)(ii)(I) that
the rehabilitation of the Duck Valley Indian Irrigation
Project under this subtitle to an acceptable level has been
accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes' water rights in pending proceedings
before the Nevada State Engineer to determine the extent and
nature of the water rights of the Tribes in the East Fork of
the Owyhee River in Nevada or the Snake River Basin
Adjudication in Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation,
execution, or adoption of the Agreement, exhibits thereto,
the decree referred to in subsection (d)(2), or this
subtitle.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
subtitle, the Tribes on their own behalf and the United
States acting in its capacity as trustee for the Tribes
retain--
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through
such legal and equitable remedies as may be available in the
decree court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the
same extent as any other entity in the State, in accordance
with State law, and to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water including any claims the Tribes might have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), and the
regulations implementing those Acts; and
(4) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
subtitle.
(d) Effective Date.--Notwithstanding anything in the
Agreement to the contrary, the waivers by the Tribes, or the
United States on behalf of the Tribes, under this section
shall take effect on the date on which the Secretary
publishes in the Federal Register a statement of findings
that includes a finding that--
(1) the Agreement and the waivers and releases authorized
and set forth in subsections (a) and (b) have been executed
by the parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County,
Nevada, has issued a judgment and decree consistent with the
Agreement from which no further appeal can be taken; and
(3) the amounts authorized under subsections (b)(3) and
(c)(3) of section 10807 have been appropriated.
(e) Failure To Publish Statement of Findings.--If the
Secretary does not publish a statement of findings under
subsection (d) by March 31, 2016--
(1) the Agreement and this subtitle shall not take effect;
and
(2) any funds that have been appropriated under this
subtitle shall immediately revert to the general fund of the
United States Treasury.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts authorized to be appropriated under subsections
(b)(3) and (c)(3) of section 10807 are appropriated.
(2) Effect of subparagraph.--Nothing in this subparagraph
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
SEC. 10809. MISCELLANEOUS.
(a) General Disclaimer.--The parties to the Agreement
expressly reserve all rights not specifically granted,
recognized, or relinquished by--
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) Limitation of Claims and Rights.--Nothing in this
subtitle--
(1) establishes a standard for quantifying--
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe in a
judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource Conservation and
Recovery Act of 1976''), and the regulations implementing
those Acts;
(3) affects the ability of the United States to take
actions, acting in its capacity as trustee for any other
Tribe, Pueblo, or allottee;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes; or
(5) limits the right of a party to the Agreement to
litigate any issue not resolved by the Agreement or this
subtitle.
(c) Admission Against Interest.--Nothing in this subtitle
constitutes an admission against interest by a party in any
legal proceeding.
(d) Reservation.--The Reservation shall be--
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for the
sole use and benefit of the Tribes.
(e) Jurisdiction.--
(1) Subject matter jurisdiction.--Nothing in the Agreement
or this subtitle restricts, enlarges, or otherwise determines
the subject matter jurisdiction of any Federal, State, or
tribal court.
(2) Civil or regulatory jurisdiction.--Nothing in the
Agreement or this subtitle impairs or impedes the exercise of
any civil or regulatory authority of the United States, the
State, or the Tribes.
(3) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
(4) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) interpret Federal law regarding the health, safety, or
the environment or determine the duties of the United States
or other parties pursuant to such Federal law; or
(B) conduct judicial review of a Federal agency action.
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 2009;'';
(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 2009 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''.
(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
[[Page S546]]
(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 2009
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
2009 through 2018.''; 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--OCEANS
Subtitle A--Ocean Exploration
PART I--EXPLORATION
SEC. 12001. PURPOSE.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research
program within the National Oceanic and Atmospheric
Administration.
SEC. 12002. PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National
Science Foundation and other appropriate Federal agencies,
establish a coordinated national ocean exploration program
within the National Oceanic and Atmospheric Administration
that promotes collaboration with other Federal ocean and
undersea research and exploration programs. To the extent
appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems,
outreach and education programs to improve public
understanding of ocean and coastal resources, and development
and transfer of technologies to facilitate ocean and undersea
research and exploration.
SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by
section 12002, the Administrator of the National Oceanic and
Atmospheric Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or
academic or educational institutions, to explore and survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources,
and report such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other
ocean exploration activities that combine archaeology and
oceanographic sciences;
(4) develop and implement, in consultation with the
National Science Foundation, a transparent, competitive
process for merit-based peer-review and approval of proposals
for activities to be conducted under this program, taking
into consideration advice of the Board established under
section 12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation,
and data collection systems, as well as underwater platforms
and sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and
other stakeholders in order to enhance the scientific and
technical expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of
property, data, and equipment to be applied for the purpose
of exploring the oceans or increasing knowledge of the
oceans.
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH
TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, in coordination with the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the Department of the Navy, the Mineral Management Service,
and relevant governmental, non-governmental, academic,
industry, and other experts, shall convene an ocean
exploration and undersea research technology and
infrastructure task force to develop and implement a
strategy--
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this
part and part II of this subtitle;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to such
programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by
such programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and nongovernmental entities that will assist in
transferring exploration and undersea research technology and
technical expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate
the development of agency budgets and identify the items in
their annual budget that support the activities identified in
the strategy developed under subsection (a).
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment.--The Administrator of the National
Oceanic and Atmospheric Administration shall appoint an Ocean
Exploration Advisory Board composed of experts in relevant
fields--
(1) to advise the Administrator on priority areas for
survey and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great
Lakes science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section
12003(a)(4); and
(4) to provide other assistance and advice as requested by
the Administrator.
(b) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board appointed under subsection (a).
[[Page S547]]
(c) Application With Outer Continental Shelf Lands Act.--
Nothing in part supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.).
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out this
part--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ``NOAA Undersea Research
Program Act of 2009''.
SEC. 12102. PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall establish and maintain
an undersea research program and shall designate a Director
of that program.
(b) Purpose.--The purpose of the program is to increase
scientific knowledge essential for the informed management,
use, and preservation of oceanic, marine, and coastal areas
and the Great Lakes.
SEC. 12103. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program,
shall--
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement
of the marine industry; and
(3) coordinate the development of agency budgets and
identify the items in their annual budget that support the
activities described in paragraphs (1) and (2).
SEC. 12104. ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a
national headquarters, a network of extramural regional
undersea research centers that represent all relevant
National Oceanic and Atmospheric Administration regions, and
the National Institute for Undersea Science and Technology.
(b) Direction.--The Director shall develop the overall
direction of the program in coordination with a Council of
Center Directors comprised of the directors of the extramural
regional centers and the National Institute for Undersea
Science and Technology. The Director shall publish a draft
program direction document not later than 1 year after the
date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director
shall publish a final program direction, including responses
to the comments received during the public comment period, in
the Federal Register within 90 days after the close of the
comment period. The program director shall update the program
direction, with opportunity for public comment, at least
every 5 years.
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY
PROGRAMS.
(a) In General.--The following research, exploration,
education, and technology programs shall be conducted through
the network of regional centers and the National Institute
for Undersea Science and Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling
and sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through
operation of the extramural regional centers and the National
Institute for Undersea Science and Technology, shall leverage
partnerships and cooperative research with academia and
private industry.
SEC. 12106. COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more
than 10 percent of its annual budget to a discretionary fund
that may be used only for program administration and priority
undersea research projects identified by the Director but not
covered by funding available from centers.
(b) Competitive Selection.--The Administrator shall conduct
an initial competition to select the regional centers that
will participate in the program 90 days after the publication
of the final program direction under section 12104 and every
5 years thereafter. Funding for projects conducted through
the regional centers shall be awarded through a competitive,
merit-reviewed process on the basis of their relevance to the
goals of the program and their technical feasibility.
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration--
(1) for fiscal year 2009--
(A) $13,750,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology Institute.
Subtitle B--Ocean and Coastal Mapping Integration Act
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Ocean and Coastal
Mapping Integration Act''.
SEC. 12202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The President, in coordination with the
Interagency Committee on Ocean and Coastal Mapping and
affected coastal states, shall establish a program to develop
a coordinated and comprehensive Federal ocean and coastal
mapping plan for the Great Lakes and coastal state waters,
the territorial sea, the exclusive economic zone, and the
continental shelf of the United States that enhances
ecosystem approaches in decision-making for conservation and
management of marine resources and habitats, establishes
research and mapping priorities, supports the siting of
research and other platforms, and advances ocean and coastal
science.
(b) Membership.--The Committee shall be comprised of high-
level representatives of the Department of Commerce, through
the National Oceanic and Atmospheric Administration, the
Department of the Interior, the National Science Foundation,
the Department of Defense, the Environmental Protection
Agency, the Department of Homeland Security, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally-funded programs
conducting shoreline delineation and ocean or coastal
mapping, noting geographic coverage, frequency, spatial
coverage, resolution, and subject matter focus of the data
and location of data archives;
(2) facilitate cost-effective, cooperative mapping efforts
that incorporate policies for contracting with non-
governmental entities among all Federal agencies conducting
ocean and coastal mapping, by increasing data sharing,
developing appropriate data acquisition and metadata
standards, and facilitating the interoperability of in situ
data collection systems, data processing, archiving, and
distribution of data products;
(3) facilitate the adaptation of existing technologies as
well as foster expertise in new ocean and coastal mapping
technologies, including through research, development, and
training conducted among Federal agencies and in cooperation
with non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new
technologies between the Federal Government, coastal state,
and non-governmental entities;
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in
service of statutory requirements;
[[Page S548]]
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee
for use by Federal, coastal state, and other entities in
mapping and otherwise documenting locations of federally
permitted activities, living and nonliving coastal and marine
resources, marine ecosystems, sensitive habitats, submerged
cultural resources, undersea cables, offshore aquaculture
projects, offshore energy projects, and any areas designated
for purposes of environmental protection or conservation and
management of living and nonliving coastal and marine
resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal
mapping data with coastal state and local government
programs;
(8) facilitate, to the extent practicable, the collection
of real-time tide data and the development of hydrodynamic
models for coastal areas to allow for the application of V-
datum tools that will facilitate the seamless integration of
onshore and offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
(10) set forth a timetable for completion and
implementation of the plan.
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL
MAPPING.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, within 30 days after the date
of enactment of this Act, shall convene or utilize an
existing interagency committee on ocean and coastal mapping
to implement section 12202.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal
mapping and surveying responsibilities. The representatives
shall be high-ranking officials of their respective agencies
or departments and, whenever possible, the head of the
portion of the agency or department that is most relevant to
the purposes of this subtitle. Membership shall include
senior representatives from the National Oceanic and
Atmospheric Administration, the Chief of Naval Operations,
the United States Geological Survey, the Minerals Management
Service, the National Science Foundation, the National
Geospatial-Intelligence Agency, the United States Army Corps
of Engineers, the Coast Guard, the Environmental Protection
Agency, the Federal Emergency Management Agency, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Co-Chairmen.--The Committee shall be co-chaired by the
representative of the Department of Commerce and a
representative of the Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a
subcommittee to carry out the day-to-day work of the
Committee, comprised of senior representatives of any member
agency of the committee. Working groups may be formed by the
full Committee to address issues of short duration. The
subcommittee shall be chaired by the representative from the
National Oceanic and Atmospheric Administration. The chairmen
of the Committee may create such additional subcommittees and
working groups as may be needed to carry out the work of
Committee.
(e) Meetings.--The committee shall meet on a quarterly
basis, but each subcommittee and each working group shall
meet on an as-needed basis.
(f) Coordination.--The committee shall coordinate
activities when appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data
Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean
and coastal mapping advisory panel consisting of
representatives from non-governmental entities to provide
input regarding activities of the committee in consultation
with the interagency committee.
SEC. 12204. BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this
Act, and biennially thereafter, the co-chairmen of the
Committee shall transmit to the Committees on Commerce,
Science, and Transportation and Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report detailing progress made in
implementing this subtitle, including--
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and
throughout the Continental Shelf of the United States, noting
the age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey
coverage using present technologies;
(3) a resource plan that identifies when priority areas in
need of modern ocean and coastal mapping surveys can be
accomplished;
(4) the status of efforts to produce integrated digital
maps of ocean and coastal areas;
(5) a description of any products resulting from
coordinated mapping efforts under this subtitle that improve
public understanding of the coasts and oceans, or regulatory
decisionmaking;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to
leverage mapping technologies, coordinate mapping activities,
share expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs
for data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without
jeopardizing national security, and make it available to
partner agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal counties
through the territorial sea;
(B) identify how such a pilot project will leverage public
and private mapping data and resources, such as the United
States Geological Survey National Map, to result in an
operational coastal change assessment program for the
subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to
increase contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation
and ocean or coastal mapping since the previous reporting
cycle.
SEC. 12205. PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Committee, shall develop and submit to the Congress
a plan for an integrated ocean and coastal mapping initiative
within the National Oceanic and Atmospheric Administration.
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct
mapping or related activities in the course of existing
missions, such as hydrographic surveys, ocean exploration
projects, living marine resource conservation and management
programs, coastal zone management projects, and ocean and
coastal observations and science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in
surveying and mapping across all missions of the National
Oceanic and Atmospheric Administration, as well as minimum
data acquisition and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through
research and development through cooperative or other
agreements with joint or cooperative research institutes or
centers and with other non-governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states,
and non-governmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and
Atmospheric Administration's programs, vessels, and aircraft
to support a coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for
coordinating data collection, processing, archiving, and
dissemination activities of all such mapping programs within
the National Oceanic and Atmospheric Administration that
meets Federal mandates for data accuracy and accessibility
and designate a repository that is responsible for archiving
and managing the distribution of all ocean and coastal
mapping data to simplify the provision of services to benefit
Federal and coastal state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the
Congress of periodic progress reports and recommendations for
integrating approaches developed under the initiative into
the interagency program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The
Administrator may maintain and operate up to 3 joint ocean
and coastal mapping centers, including a joint hydrographic
center, which shall each be co-located with an institution of
higher education. The centers shall serve as hydrographic
centers of excellence and may conduct activities necessary to
carry out the purposes of this subtitle, including--
(1) research and development of innovative ocean and
coastal mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf
and other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
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(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps,
personnel of other agencies with ocean and coastal mapping
programs, and civilian personnel.
(d) NOAA Report.--The Administrator shall continue
developing a strategy for expanding contracting with non-
governmental entities to minimize duplication and take
maximum advantage of nongovernmental capabilities in
fulfilling the Administration's mapping and charting
responsibilities. Within 120 days after the date of enactment
of this Act, the Administrator shall transmit a report
describing the strategy developed under this subsection to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives.
SEC. 12206. EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or
alter the existing authorities of any Federal agency with
respect to ocean and coastal mapping.
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by
section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d), there are authorized to be
appropriated to the Administrator to carry out this
subtitle--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the
amounts appropriated pursuant to subsection (a), the
following amounts shall be used to carry out section 12205(c)
of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency
activities under section 12203 of this subtitle, the head of
any department or agency may execute a cooperative agreement
with the Administrator, including those authorized by section
5 of the Act of August 6, 1947 (33 U.S.C. 883e).
SEC. 12208. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator' '' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the
Interagency Ocean and Coastal Mapping Committee established
by section 12203.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March
10, 1983.
(5) Ocean and coastal mapping.--The term ``ocean and
coastal mapping'' means the acquisition, processing, and
management of physical, biological, geological, chemical, and
archaeological characteristics and boundaries of ocean and
coastal areas, resources, and sea beds through the use of
acoustics, satellites, aerial photogrammetry, light and
imaging, direct sampling, and other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States determined in accordance with international law, as
set forth in Presidential Proclamation Number 5928, dated
December 27, 1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of
the academic community, and private sector organizations that
provide products and services associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite imagines, or other graphical or
digital presentations depicting natural or manmade physical
features, phenomena, and legal boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside
of lands beneath navigable waters (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and
of which the subsoil and seabed appertain to the United
States and are subject to its jurisdiction and control.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Integrated Coastal and
Ocean Observation System Act of 2009''.
SEC. 12302. PURPOSES.
The purposes of this subtitle are to--
(1) establish a national integrated System of ocean,
coastal, and Great Lakes observing systems, comprised of
Federal and non-Federal components coordinated at the
national level by the National Ocean Research Leadership
Council and at the regional level by a network of regional
information coordination entities, and that includes in situ,
remote, and other coastal and ocean observation,
technologies, and data management and communication systems,
and is designed to address regional and national needs for
ocean information, to gather specific data on key coastal,
ocean, and Great Lakes variables, and to ensure timely and
sustained dissemination and availability of these data to--
(A) support national defense, marine commerce, navigation
safety, weather, climate, and marine forecasting, energy
siting and production, economic development, ecosystem-based
marine, coastal, and Great Lakes resource management, public
safety, and public outreach training and education;
(B) promote greater public awareness and stewardship of the
Nation's ocean, coastal, and Great Lakes resources and the
general public welfare; and
(C) enable advances in scientific understanding to support
the sustainable use, conservation, management, and
understanding of healthy ocean, coastal, and Great Lakes
resources;
(2) improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to weather and climate change, natural climate variability,
and interactions between the oceanic and atmospheric
environments, including the Great Lakes; and
(3) authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
weather and climate, ocean-atmosphere dynamics, global
climate change, physical, chemical, and biological dynamics
of the ocean, coastal and Great Lakes environments, and to
conserve healthy and restore degraded coastal ecosystems.
SEC. 12303. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of
title 10, United States Code.
(3) Federal assets.--The term ``Federal assets'' means all
relevant non-classified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the
committee established under section 12304(c)(2).
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observation
technologies, related basic and applied technology research
and development, and public education and outreach programs
that are integrated into the System and are managed through
States, regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``regional information
coordination entity'' means an organizational body that is
certified or established by contract or memorandum by the
lead Federal agency designated in section 12304(c)(3) of this
subtitle and coordinates State, Federal, local, and private
interests at a regional level with the responsibility of
engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Certain included associations.--The term ``regional
information coordination entity'' includes regional
associations described in the System Plan.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
(8) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under section 12304.
(9) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean. US Publication
No. 9, The First Integrated Ocean Observing System (IOOS)
Development Plan'', as updated by the Council under this
subtitle.
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
section 12302 of this subtitle and the System Plan and to
fulfill the Nation's international obligations to contribute
to the Global Earth Observation System of Systems and the
Global Ocean Observing System.
(b) System Elements.--
(1) In general.--In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist
of--
(A) Federal assets to fulfill national and international
observation missions and priorities;
(B) non-Federal assets, including a network of regional
information coordination entities identified under subsection
(c)(4), to
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fulfill regional observation missions and priorities;
(C) data management, communication, and modeling systems
for the timely integration and dissemination of data and
information products from the System;
(D) a research and development program conducted under the
guidance of the Council, consisting of--
(i) basic and applied research and technology development
to improve understanding of coastal and ocean systems and
their relationships to human activities and to ensure
improvement of operational assets and products, including
related infrastructure, observing technologies, and
information and data processing and management technologies;
and
(ii) large scale computing resources and research to
advance modeling of coastal and ocean processes.
(2) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over
a Federal asset shall support the purposes of this subtitle
and may take appropriate actions to enhance internal agency
administration and management to better support, integrate,
finance, and utilize observation data, products, and services
developed under this section to further its own agency
mission and responsibilities.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset and
that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) Non-federal assets.--Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean
Observing Committee or by regional information coordination
entities.
(c) Policy Oversight, Administration, and Regional
Coordination.--
(1) Council functions.--The Council shall serve as the
policy and coordination oversight body for all aspects of the
System. In carrying out its responsibilities under this
subtitle, the Council shall--
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean Observation
Committee to support System operations, including operations
of both Federal and non-Federal assets;
(B) ensure coordination of the System with other domestic
and international earth observing activities including the
Global Ocean Observing System and the Global Earth Observing
System of Systems, and provide, as appropriate, support for
and representation on United States delegations to
international meetings on coastal and ocean observing
programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into operations
of the System.
(2) Interagency ocean observation committee.--The Council
shall establish or designate an Interagency Ocean Observation
Committee which shall--
(A) prepare annual and long-term plans for consideration
and approval by the Council for the integrated design,
operation, maintenance, enhancement and expansion of the
System to meet the objectives of this subtitle and the System
Plan;
(B) develop and transmit to Congress at the time of
submission of the President's annual budget request an annual
coordinated, comprehensive budget to operate all elements of
the System identified in subsection (b), and to ensure
continuity of data streams from Federal and non-Federal
assets;
(C) establish required observation data variables to be
gathered by both Federal and non-Federal assets and identify,
in consultation with regional information coordination
entities, priorities for System observations;
(D) establish protocols and standards for System data
processing, management, and communication;
(E) develop contract certification standards and compliance
procedures for all non-Federal assets, including regional
information coordination entities, to establish eligibility
for integration into the System and to ensure compliance with
all applicable standards and protocols established by the
Council, and ensure that regional observations are integrated
into the System on a sustained basis;
(F) identify gaps in observation coverage or needs for
capital improvements of both Federal assets and non-Federal
assets;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System advisory committee
established under subsection (d), a competitive matching
grant or other programs--
(i) to promote intramural and extramural research and
development of new, innovative, and emerging observation
technologies including testing and field trials; and
(ii) to facilitate the migration of new, innovative, and
emerging scientific and technological advances from research
and development to operational deployment;
(H) periodically review and recommend to the Council, in
consultation with the Administrator, revisions to the System
Plan;
(I) ensure collaboration among Federal agencies
participating in the activities of the Committee; and
(J) perform such additional duties as the Council may
delegate.
(3) Lead federal agency.--The National Oceanic and
Atmospheric Administration shall function as the lead Federal
agency for the implementation and administration of the
System, in consultation with the Council, the Interagency
Ocean Observation Committee, other Federal agencies that
maintain portions of the System, and the regional information
coordination entities, and shall--
(A) establish an Integrated Ocean Observing Program Office
within the National Oceanic and Atmospheric Administration
utilizing to the extent necessary, personnel from member
agencies participating on the Interagency Ocean Observation
Committee, to oversee daily operations and coordination of
the System;
(B) implement policies, protocols, and standards approved
by the Council and delegated by the Interagency Ocean
Observing Committee;
(C) promulgate program guidelines to certify and integrate
non-Federal assets, including regional information
coordination entities, into the System to provide regional
coastal and ocean observation data that meet the needs of
user groups from the respective regions;
(D) have the authority to enter into and oversee contracts,
leases, grants or cooperative agreements with non-Federal
assets, including regional information coordination entities,
to support the purposes of this subtitle on such terms as the
Administrator deems appropriate;
(E) implement a merit-based, competitive funding process to
support non-Federal assets, including the development and
maintenance of a network of regional information coordination
entities, and develop and implement a process for the
periodic review and evaluation of all non-Federal assets,
including regional information coordination entities;
(F) provide opportunities for competitive contracts and
grants for demonstration projects to design, develop,
integrate, deploy, and support components of the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors,
grantees, and non-Federal assets, including regional
information coordination entities in a timely manner, and
contingent on appropriations according to the budget adopted
by the Council;
(H) develop and implement a process for the periodic review
and evaluation of regional information coordination entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements of
Federal assets and non-Federal assets of the System are
identified by the regional information coordination entities,
the Administrator, or other members of the System and
transmitted to the Interagency Ocean Observing Committee;
(J) develop and be responsible for a data management and
communication system, in accordance with standards and
protocols established by the Council, by which all data
collected by the System regarding ocean and coastal waters of
the United States including the Great Lakes, are processed,
stored, integrated, and made available to all end-user
communities;
(K) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment;
(L) report annually to the Interagency Ocean Observing
Committee on the accomplishments, operational needs, and
performance of the System to contribute to the annual and
long-term plans developed pursuant to subsection
(c)(2)(A)(i); and
(M) develop a plan to efficiently integrate into the System
new, innovative, or emerging technologies that have been
demonstrated to be useful to the System and which will
fulfill the purposes of this subtitle and the System Plan.
(4) Regional information coordination entities.--
(A) In general.--To be certified or established under this
subtitle, a regional information coordination entity shall be
certified or established by contract or agreement by the
Administrator, and shall agree to meet the certification
standards and compliance procedure guidelines issued by the
Administrator and information needs of user groups in the
region while adhering to national standards and shall--
(i) demonstrate an organizational structure capable of
gathering required System observation data, supporting and
integrating all aspects of coastal and ocean observing and
information programs within a region and that reflects the
needs of State and local governments, commercial interests,
and other users and beneficiaries of the System and other
requirements specified under this subtitle and the System
Plan;
(ii) identify gaps in observation coverage needs for
capital improvements of Federal assets and non-Federal assets
of the System, or other recommendations to assist in the
development of the annual and long-term plans created
pursuant to subsection (c)(2)(A)(i) and transmit such
information to the Interagency Ocean Observing Committee via
the Program Office;
(iii) develop and operate under a strategic operational
plan that will ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System, pursuant to the
standards approved by the Council;
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(iv) work cooperatively with governmental and non-
governmental entities at all levels to identify and provide
information products of the System for multiple users within
the service area of the regional information coordination
entities; and
(v) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits.
(B) Participation.--For the purposes of this subtitle,
employees of Federal agencies may participate in the
functions of the regional information coordination entities.
(d) System Advisory Committee.--
(1) In general.--The Administrator shall establish or
designate a System advisory committee, which shall provide
advice as may be requested by the Administrator or the
Interagency Ocean Observing Committee.
(2) Purpose.--The purpose of the System advisory committee
is to advise the Administrator and the Interagency Ocean
Observing Committee on--
(A) administration, operation, management, and maintenance
of the System, including integration of Federal and non-
Federal assets and data management and communication aspects
of the System, and fulfillment of the purposes set forth in
section 12302;
(B) expansion and periodic modernization and upgrade of
technology components of the System;
(C) identification of end-user communities, their needs for
information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(D) any other purpose identified by the Administrator or
the Interagency Ocean Observing Committee.
(3) Members.--
(A) In general.--The System advisory committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use
of data products provided through the System.
(B) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be
for the remainder of the unexpired term of the vacancy, and
an individual so appointed may subsequently be appointed for
2 full 3-year terms if the remainder of the unexpired term is
less than 1 year.
(C) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System advisory
committee.
(D) Appointment.--Members of the System advisory committee
shall be appointed as special Government employees for
purposes of section 202(a) of title 18, United States Code.
(4) Administrative provisions.--
(A) Reporting.--The System advisory committee shall report
to the Administrator and the Interagency Ocean Observing
Committee, as appropriate.
(B) Administrative support.--The Administrator shall
provide administrative support to the System advisory
committee.
(C) Meetings.--The System advisory committee shall meet at
least once each year, and at other times at the call of the
Administrator, the Interagency Ocean Observing Committee, or
the chairperson.
(D) Compensation and expenses.--Members of the System
advisory committee shall not be compensated for service on
that Committee, but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(E) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
advisory committee.
(e) Civil Liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
regional information coordination entity incorporated into
the System by contract, lease, grant, or cooperative
agreement under subsection (c)(3)(D) that is participating in
the System shall be considered to be part of the National
Oceanic and Atmospheric Administration. Any employee of such
a non-Federal asset or regional information coordination
entity, while operating within the scope of his or her
employment in carrying out the purposes of this subtitle,
with respect to tort liability, is deemed to be an employee
of the Federal Government.
(f) Limitation.--Nothing in this subtitle shall be
construed to invalidate existing certifications, contracts,
or agreements between regional information coordination
entities and other elements of the System.
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
(a) In General.--To carry out interagency activities under
this subtitle, the Secretary of Commerce may execute
cooperative agreements, or any other agreements, with, and
receive and expend funds made available by, any State or
subdivision thereof, any Federal agency, or any public or
private organization, or individual.
(b) Reciprocity.--Member Departments and agencies of the
Council shall have the authority to create, support, and
maintain joint centers, and to enter into and perform such
contracts, leases, grants, and cooperative agreements as may
be necessary to carry out the purposes of this subtitle and
fulfillment of the System Plan.
SEC. 12306. APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority
of any agency to carry out its responsibilities and missions
under other laws.
SEC. 12307. REPORT TO CONGRESS.
(a) Requirement.--Not later than 2 years after the date of
the enactment of this Act and every 2 years thereafter, the
Administrator shall prepare and the President acting through
the Council shall approve and transmit to the Congress a
report on progress made in implementing this subtitle.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this
subtitle and the System Plan;
(2) an evaluation of the effectiveness of the System,
including an evaluation of progress made by the Council to
achieve the goals identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of
required observation data variables necessary to meet the
respective missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the
observation capabilities and data products provided by the
System, including data management and communication
subsystems;
(5) an assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of
regional information coordination entities to coordinate
regional observation operations;
(6) a description of benefits of the program to users of
data products resulting from the System (including the
general public, industries, scientists, resource managers,
emergency responders, policy makers, and educators);
(7) recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal
years; and
(8) the results of a periodic external independent
programmatic audit of the System.
SEC. 12308. PUBLIC-PRIVATE USE POLICY.
The Council shall develop a policy within 6 months after
the date of the enactment of this Act that defines processes
for making decisions about the roles of the Federal
Government, the States, regional information coordination
entities, the academic community, and the private sector in
providing to end-user communities environmental information,
products, technologies, and services related to the System.
The Council shall publish the policy in the Federal Register
for public comment for a period not less than 60 days.
Nothing in this section shall be construed to require changes
in policy in effect on the date of enactment of this Act.
SEC. 12309. INDEPENDENT COST ESTIMATE.
Within 1 year after the date of enactment of this Act, the
Interagency Ocean Observation Committee, through the
Administrator and the Director of the National Science
Foundation, shall obtain an independent cost estimate for
operations and maintenance of existing Federal assets of the
System, and planned or anticipated acquisition, operation,
and maintenance of new Federal assets for the System,
including operation facilities, observation equipment,
modeling and software, data management and communication, and
other essential components. The independent cost estimate
shall be transmitted unabridged and without revision by the
Administrator to Congress.
SEC. 12310. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to
agencies of the Council to implement this subtitle shall
supplement, and not replace, existing sources of funding for
other programs. It is the further intent of Congress that
agencies of the Council shall not enter into contracts or
agreements for the development or procurement of new Federal
assets for the System that are estimated to be in excess of
$250,000,000 in life-cycle costs without first providing
adequate notice to Congress and opportunity for review and
comment.
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through 2013 such sums as are
necessary to fulfill the purposes of this subtitle and
support activities identified in the annual coordinated
System budget developed by the Interagency Ocean Observation
Committee and submitted to the Congress.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Federal Ocean
Acidification Research And Monitoring Act of 2009'' or the
``FOARAM Act''.
SEC. 12402. PURPOSES.
(a) Purposes.--The purposes of this subtitle are to provide
for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes and
consequences of ocean acidification on marine organisms and
ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
[[Page S552]]
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 12403. DEFINITIONS.
In this subtitle:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the
atmosphere, including carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.
SEC. 12404. INTERAGENCY SUBCOMMITTEE.
(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification
and establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives
from the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the United States Fish and Wildlife Service, and such other
Federal agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 12405 of this subtitle and oversee the implementation
of the plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems; and
(B) adaptation and mitigation strategies to conserve marine
organisms and ecosystems exposed to ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean
acidification developed through or utilized by the
interagency ocean acidification program accessible through
electronic means, including information which would be useful
to policymakers, researchers, and other stakeholders in
mitigating or adapting to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities, including
the budget for each of these activities; and
(B) describes the progress in developing the plan required
under section 12405 of this subtitle.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every
2 years thereafter, the Subcommittee shall transmit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and
the Committee on Natural Resources of the House of
Representatives that includes--
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget for
each of these activities; and
(B) an analysis of the progress made toward achieving the
goals and priorities for the interagency research plan
developed by the Subcommittee under section 12405.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section
12405 to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives. A revised plan shall be submitted
at least once every 5 years thereafter.
SEC. 12405. STRATEGIC RESEARCH PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Subcommittee shall develop a
strategic plan for Federal research and monitoring on ocean
acidification that will provide for an assessment of the
impacts of ocean acidification on marine organisms and marine
ecosystems and the development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring
needed to better understand ocean acidification and its
potential impacts, and recommendations made by the National
Academy of Sciences in the review of the plan required under
subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
(A) advance understanding of ocean acidification and its
physical, chemical, and biological impacts on marine
organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic impacts
of ocean acidification; and
(C) provide information for the development of adaptation
and mitigation strategies to conserve marine organisms and
marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each
Federal agency in implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the
United States with such activities of other nations and
international organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment
activities to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems
that may be needed to ensure adequate data collection and
monitoring of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum
the following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced
changes in temperature, ocean circulation, biogeochemistry,
ecosystem and terrestrial input, and modeling to determine
impacts on marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary
shall enter into an agreement with the National Academy of
Sciences to review the plan.
(e) Public Participation.--In developing the plan, the
Subcommittee shall consult with representatives of academic,
State, industry and environmental groups. Not later than 90
days before the plan, or any revision thereof, is submitted
to the Congress, the plan shall be published in the Federal
Register for a public comment period of not less than 60
days.
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) In General.--The Secretary shall establish and maintain
an ocean acidification program within the National Oceanic
and Atmospheric Administration to conduct research,
monitoring, and other activities consistent with the
strategic research and implementation plan developed by the
Subcommittee under section 12405 that--
(1) includes--
[[Page S553]]
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and activities
to improve understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of
ocean acidification utilizing existing global and national
ocean observing assets, and adding instrumentation and
sampling stations as appropriate to the aims of the research
program;
(C) research to identify and develop adaptation strategies
and techniques for effectively conserving marine ecosystems
as they cope with increased ocean acidification;
(D) as an integral part of the research programs described
in this subtitle, educational opportunities that encourage an
interdisciplinary and international approach to exploring the
impacts of ocean acidification;
(E) as an integral part of the research programs described
in this subtitle, national public outreach activities to
improve the understanding of current scientific knowledge of
ocean acidification and its impacts on marine resources; and
(F) coordination of ocean acidification monitoring and
impacts research with other appropriate international ocean
science bodies such as the International Oceanographic
Commission, the International Council for the Exploration of
the Sea, the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification
that are relevant to the goals and priorities of the
strategic research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) Additional Authority.--In conducting the Program, the
Secretary may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to
carry out the purposes of this subtitle on such terms as the
Secretary considers appropriate.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities.--The Director of the National
Science Foundation shall continue to carry out research
activities on ocean acidification which shall support
competitive, merit-based, peer-reviewed proposals for
research and monitoring of ocean acidification and its
impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be
consistent with the strategic research plan developed by the
Subcommittee under section 12405.
(c) Coordination.--The Director shall encourage
coordination of the Foundation's ocean acidification
activities with such activities of other nations and
international organizations.
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of
the National Aeronautics and Space Administration, in
coordination with other relevant agencies, shall ensure that
space-based monitoring assets are used in as productive a
manner as possible for monitoring of ocean acidification and
its impacts.
(b) Program Consistency.--The Administrator shall ensure
that the Agency's research and monitoring activities on ocean
acidification are carried out in a manner consistent with the
strategic research plan developed by the Subcommittee under
section 12405.
(c) Coordination.--The Administrator shall encourage
coordination of the Agency's ocean acidification activities
with such activities of other nations and international
organizations.
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the
National Oceanic and Atmospheric Administration to carry out
the purposes of this subtitle--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the
National Science Foundation to carry out the purposes of this
subtitle--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Subtitle E--Coastal and Estuarine Land Conservation Program
SEC. 12501. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended by inserting after section 307 the following
new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. (a) In General.--The Secretary may conduct a
Coastal and Estuarine Land Conservation Program, in
cooperation with appropriate State, regional, and other units
of government, for the purposes of protecting important
coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from
their natural, undeveloped, or recreational state to other
uses or could be managed or restored to effectively conserve,
enhance, or restore ecological function. The program shall be
administered by the National Ocean Service of the National
Oceanic and Atmospheric Administration through the Office of
Ocean and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall
make grants under the program to coastal states with approved
coastal zone management plans or National Estuarine Research
Reserve units for the purpose of acquiring property or
interests in property described in subsection (a) that will
further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management
plan;
``(3) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to
coastal states or National Estuarine Research Reserves under
this section through a competitive grant process in
accordance with guidelines that meet the following
requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency
designated by the Governor for coordinating the
implementation of this section (if different from the coastal
zone management program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders, shall identify priority conservation needs
within the State, the values to be protected by inclusion of
lands in the program, and the threats to those values that
should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or
easements shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program,
management activities that are planned and the manner in
which they may affect the values identified, and any other
information from the landowner relevant to administration and
management of the land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units,
landowners, corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is
consistent with the State's or territory's approved coastal
zone plan, program, and policies prior to submittal to the
Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to a use
that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program's effectiveness in accomplishing its purposes, and
shall submit such evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be
the result of a forced taking under this section. Nothing in
this section requires a private property owner to participate
in the program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new liability, or have any effect on
liability under any other law, of any private property owner
with respect to any person injured on the private property.
[[Page S554]]
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--
Nothing in this title modifies the authority of Federal,
State, or local governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-
Federal funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program shall
require a 100 percent match from other non-Federal sources.
``(B) Waiver of requirement.--The Secretary may grant a
waiver of subparagraph (A) for underserved communities,
communities that have an inability to draw on other sources
of funding because of the small population or low income of
the community, or for other reasons the Secretary deems
appropriate and consistent with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources
may be applied to the cost of the project. Each portion shall
be subject to match requirements under the applicable
provision of law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project
may be determined by taking into account the following:
``(A) The value of land or a conservation easement may be
used by a project applicant as non-Federal match, if the
Secretary determines that--
``(i) the land meets the criteria set forth in section 2(b)
and is acquired in the period beginning 3 years before the
date of the submission of the grant application and ending 3
years after the date of the award of the grant;
``(ii) the value of the land or easement is held by a non-
governmental organization included in the grant application
in perpetuity for conservation purposes of the program; and
``(iii) the land or easement is connected either physically
or through a conservation planning process to the land or
easement that would be acquired.
``(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non-Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for lands
described in (A), within the same time limits described
therein. These costs may include either cash or in-kind
contributions.
``(g) Reservation of Funds for National Estuarine Research
Reserve Sites.--No less than 15 percent of funds made
available under this section shall be available for
acquisitions benefitting National Estuarine Research
Reserves.
``(h) Limit on Administrative Costs.--No more than 5
percent of the funds made available to the Secretary under
this section shall be used by the Secretary for planning or
administration of the program. The Secretary shall provide a
report to Congress with an account of all expenditures under
this section for fiscal year 2009 and triennially thereafter.
``(i) Title and Management of Acquired Property.--If any
property is acquired in whole or in part with funds made
available through a grant under this section, the grant
recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
``(B) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other
uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value will
be returned to the Secretary in accordance with applicable
Federal law for redistribution in the grant process; and
``(2) certification that the property (including any
interest in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal
Match.--If the grant recipient elects to use any land or
interest in land held by a non-governmental organization as a
non-Federal match under subsection (g), the grant recipient
must to the Secretary's satisfaction demonstrate in the grant
application that such land or interest will satisfy the same
requirements as the lands or interests in lands acquired
under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all
rights, title, and interest in a property, that do not
conflict with the goals of this section except those rights,
title, and interests that may run with the land that are
expressly reserved by a grantor and are agreed to at the time
of purchase.
``(2) Interest in property.--The term `interest in
property' includes a conservation easement.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $60,000,000 for each of fiscal years 2009
through 2013.''.
TITLE XIII--MISCELLANEOUS
SEC. 13001. 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. 13002. 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
[[Page S555]]
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 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. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE
ACT.
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. 13004. 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)''.
SEC. 13005. 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)--
(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;
[[Page S556]]
(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. 13006. 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.''.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Christopher and Dana Reeve
Paralysis Act''.
Subtitle A--Paralysis Research
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes
of Health (referred to in this title as the ``Director''),
pursuant to the general authority of the Director, may
develop mechanisms to coordinate the paralysis research and
rehabilitation activities of the Institutes and Centers of
the National Institutes of Health in order to further advance
such activities and avoid duplication of activities.
(b) Christopher and Dana Reeve Paralysis Research
Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for consortia in paralysis research. The
Director shall designate each consortium funded through such
grants as a Christopher and Dana Reeve Paralysis Research
Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that result
from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members or
other researchers for scientific and translational purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating
institutions, meeting such requirements as may be prescribed
by the Director.
(c) Public Input.--The Director may provide for a mechanism
to educate and disseminate information on the existing and
planned programs and research activities of the National
Institutes of Health with respect to paralysis and through
which the Director can receive comments from the public
regarding such programs and activities.
Subtitle B--Paralysis Rehabilitation Research and Care
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR
ENHANCING DAILY FUNCTION FOR PERSONS WITH
PARALYSIS.
(a) In General.--The Director, pursuant to the general
authority of the Director, may make awards of grants to
public or private entities to pay all or part of the costs of
planning, establishing, improving, and providing basic
operating support to multicenter networks of clinical sites
that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or
more forms of paralysis that result from central nervous
system trauma, disorders, or stroke, or any combination of
such conditions.
(b) Research.--A multicenter network of clinical sites
funded through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional losses,
especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to improve
function and independence; and
(E) understanding whole body system responses to physical
impairments, disabilities, and societal and functional
limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The
Director may, as appropriate, provide for the coordination of
information among networks funded through this section and
ensure regular communication among members of the networks,
and may require the periodic preparation of reports on the
activities of the networks and submission of reports to the
Director.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS
WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services
(in this subtitle referred to as the ``Secretary'') may study
the unique health challenges associated with paralysis and
other physical disabilities and carry out projects and
interventions to improve the quality of life and long-term
health status of persons with paralysis and other physical
disabilities. The Secretary may carry out such projects
directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a)
may include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on
paralysis and other physical disabilities, to be carried out
in coordination with the State-based Disability and Health
Program of the Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, the establishment of a population-
based database that may be used for longitudinal and other
research on paralysis and other disabling conditions; and
(4) the replication and translation of best practices and
the sharing of information across States, as well as the
development of comprehensive, unique, and innovative
programs, services, and demonstrations within existing State-
based disability and health programs of the Centers for
Disease Control and Prevention which are designed to support
and advance quality of life programs for persons living with
paralysis and other physical disabilities focusing on--
[[Page S557]]
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the
community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance
with the following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing a population-based database that may be
used for longitudinal and other research on paralysis and
other disabling conditions;
(B) developing comprehensive paralysis and other physical
disability action plans and activities focused on the items
listed in subsection (b)(4);
(C) assisting State-based programs in establishing and
implementing partnerships and collaborations that maximize
the input and support of people with paralysis and other
physical disabilities and their constituent organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and health
programs;
(E) providing education and training opportunities and
programs for health professionals and allied caregivers; and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve health
and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living with
paralysis and other physical disabilities and their
caregivers;
(C) testing model intervention programs to improve health
and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure
that activities under this section are coordinated as
appropriate by the agencies of the Department of Health and
Human Services.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $25,000,000 for each of fiscal years 2008
through 2011.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER,
MARYLAND.
(a) Authority To Design and Construct.--The Board of
Regents of the Smithsonian Institution is authorized to
design and construct laboratory and support space to
accommodate the Mathias Laboratory at the Smithsonian
Environmental Research Center in Edgewater, Maryland.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$41,000,000 for fiscal years 2009 through 2011. Such sums
shall remain available until expended.
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.
(a) Authority To Construct.--The Board of Regents of the
Smithsonian Institution is authorized to construct laboratory
space to accommodate the terrestrial research program of the
Smithsonian tropical research institute in Gamboa, Panama.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$14,000,000 for fiscal years 2009 and 2010. Such sums shall
remain available until expended.
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) In General.--The Board of Regents of the Smithsonian
Institution is authorized to construct a greenhouse facility
at its museum support facility in Suitland, Maryland, to
maintain the horticultural operations of, and preserve the
orchid collection held in trust by, the Smithsonian
Institution.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $12,000,000 to carry out this section.
Such sums shall remain available until expended.
Mr. LEVIN. Madam President, I move to reconsider the vote.
Mrs. LINCOLN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________