[Congressional Record (Bound Edition), Volume 148 (2002), Part 17]
[Senate]
[Pages 23176-23215]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4970. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 695, to establish the Oil Region National Heritage Area; as 
follows:

       1. On page 44, line 22, strike ``Act'' and insert 
     ``title''.
       2. On page 45, line 11, strike ``Act:'' and insert 
     ``title:''
       3. Beginning on page 99, line 13, insert the following:

 TITLE IX--CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Crossroads of the American 
     Revolution National Heritage Area Act of 2002''.

     SEC. 902. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the State of New Jersey was critically important during 
     the American Revolution because of the strategic location of 
     the State between the British armies headquartered in New 
     York City, New York, and the Continental Congress in the city 
     of Philadelphia, Pennsylvania;
       (2) General George Washington spent almost half of the 
     period of the American Revolution personally commanding 
     troops of the Continental Army in the State of New Jersey, 
     including two severe winters spent in encampments in the area 
     that is now Morristown National Historical Park, a unit of 
     the National Park System;
       (3) it was during the ten crucial days of the American 
     Revolution between December 25, 1776, and January 3, 1777, 
     that General Washington, after retreating across the State of 
     New Jersey from the State of New York to the State of 
     Pennsylvania in the face of total defeat, recrossed the 
     Delaware River on the night of December 25, 1776, and went on 
     to win crucial battles at Trenton and Princeton in the State 
     of New Jersey;
       (4) Thomas Paine, who accompanied the troops during the 
     retreat, described the events during those days as ``the 
     times that try men's souls'';
       (5) the sites of 296 military engagements are located in 
     the State of New Jersey, including--
       (A) several important battles of the American Revolution 
     that were significant to the outcome of the American 
     Revolution and the history of the United States; and
       (B) several national historic landmarks, including 
     Washington's Crossing, the Old Trenton Barracks, and 
     Princeton, Monmouth and Red Bank Battlefields;
       (6) additional national historic landmarks in the State of 
     New Jersey include the homes of--
       (A) Richard Stockton, Joseph Hewes, John Witherspoon, and 
     Francis Hopkinson, signers of the Declaration of 
     Independence;
       (B) Elias Boudinout, President of the Continental Congress; 
     and
       (C) William Livingston, patriot and Governor of the State 
     of New Jersey from 1776 to 1790;
       (7) portions of the landscapes important to the strategies 
     of the British and Continental armies, including waterways, 
     mountains, farms, wetlands, villages, and roadways--
       (A) retain the integrity of the period of the American 
     Revolution; and
       (B) offer outstanding opportunities for conservation, 
     education, and recreation;
       (8) the National Register of Historic Places lists 251 
     buildings and sites in the National Park Service study area 
     for the Crossroads of the American Revolution that are 
     associated with the period of the American Revolution;
       (9) civilian populations residing in the State of New 
     Jersey during the American Revolution suffered extreme 
     hardships because of the continuous conflict in the State and 
     marauding contingents of loyalist Tories and rebel 
     sympathizers;
       (10) because of the important role that the State of New 
     Jersey played in the successful outcome of the American 
     Revolution, there is a Federal interest in developing a 
     regional framework to assist the State of New Jersey, local 
     governments and organizations, and private citizens in--
       (A) preserving and protecting cultural, historic, and 
     natural resources of the period; and
       (B) bringing recognition to those resources for the 
     educational and recreational benefit of the present and 
     future generations of citizens of the United States; and

[[Page 23177]]

       (11) the National Park Service has conducted a national 
     heritage area feasibility study in the State of New Jersey 
     that demonstrates that there is a sufficient assemblage of 
     nationally distinctive cultural, historic, and natural 
     resources necessary to establish the Crossroads of the 
     American Revolution National Heritage Area.
       (b) Purposes.--The purposes of this title are--
       (1) to assist communities, organizations, and citizens in 
     the State of New Jersey in preserving the special historic 
     identity of the State and the importance of the State to the 
     United States;
       (2) to foster a close working relationship among all levels 
     of government, the private sector, and local communities in 
     the State;
       (3) to provide for the management, preservation, 
     protection, and interpretation of the cultural, historic, and 
     natural resources of the State for the educational and 
     inspirational benefit of future generations;
       (4) to strengthen the value of Morristown National 
     Historical Park as an asset to the State by--
       (A) establishing a network of related historic resources, 
     protected landscapes, educational opportunities, and events 
     depicting the landscape of the State of New Jersey during the 
     American Revolution; and
       (B) establishing partnerships between Morristown National 
     Historical Park and other public and privately owned 
     resources in the Heritage Area that represent the fulcrum of 
     the American Revolution; and
       (5) to authorize Federal financial and technical assistance 
     for the purposes described in paragraphs (1) through (4).

     SEC. 903. DEFINITIONS.

       In this title:
       (1) Association.--The term ``Association'' means the 
     Crossroads of the American Revolution Association, Inc., a 
     nonprofit corporation in the State.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Crossroads of the American Revolution National Heritage Area 
     established by section 904(a).
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 904(d).
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 905.
       (5) Map.--The term ``map'' means the map entitled 
     ``Crossroads of the American Revolution National Heritage 
     Area'', numbered CRREL 80,000, and dated April 2002.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of New 
     Jersey.

     SEC. 904. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL 
                   HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Crossroads of the American Revolution National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     land and water within the boundaries of the Heritage Area, as 
     depicted on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Management Entity.--The Association shall be the 
     management entity for the Heritage Area.

     SEC. 905. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are first made available to carry out this title, 
     the management entity shall submit to the Secretary for 
     approval a management plan for the Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans;
       (3) describe actions that units of local government, 
     private organizations, and individuals have agreed to take to 
     protect the cultural, historic, and natural resources of the 
     Heritage Area;
       (4) identify existing and potential sources of funding for 
     the protection, management, and development of the Heritage 
     Area during the first 5 years of implementation of the 
     management plan; and
       (5) include--
       (A) an inventory of the cultural, educational, historic, 
     natural, recreational, and scenic resources of the Heritage 
     Area relating to the themes of the Heritage Area that should 
     be restored, managed, or developed;
       (B) recommendations of policies and strategies for resource 
     management that result in--
       (i) application of appropriate land and water management 
     techniques; and
       (ii) development of intergovernmental and interagency 
     cooperative agreements to protect the cultural, educational, 
     historic, natural, recreational, and scenic resources of the 
     Heritage Area;
       (C) a program of implementation of the management plan that 
     includes for the first 5 years of implementation--
       (i) plans for resource protection, restoration, 
     construction; and
       (ii) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual;
       (D) an analysis of and recommendations for ways in which 
     Federal, State, and local programs, including programs of the 
     National Park Service, may be best coordinated to promote the 
     purposes of this title; and
       (E) an interpretive plan for the Heritage Area.
       (c) Approval or Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after the date of 
     receipt of the management plan under subsection (a), the 
     Secretary shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the Board of Directors of the management entity is 
     representative of the diverse interests of the Heritage Area, 
     including--
       (i) governments;
       (ii) natural and historic resource protection 
     organizations;
       (iii) educational institutions;
       (iv) businesses; and
       (v) recreational organizations;
       (B) the management entity provided adequate opportunity for 
     public and governmental involvement in the preparation of the 
     management plan, including public hearings;
       (C) the resource protection and interpretation strategies 
     in the management plan would adequately protect the cultural, 
     historic, and natural resources of the Heritage Area; and
       (D) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 60 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (d) Amendments.--
       (1) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines may make a substantial change to the management 
     plan.
       (2) Use of funds.--Funds made available under this title 
     shall not be expended by the management entity to implement 
     an amendment described in paragraph (1) until the Secretary 
     approves the amendment.
       (e) Implementation.--On completion of the 3-year period 
     described in subsection (a), any funding made available under 
     this title shall be made available to the management entity 
     only for implementation of the approved management plan.

     SEC. 906. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE TO 
                   THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of preparing and 
     implementing the management plan, the management entity may 
     use funds made available under this title to--
       (1) make grants to, provide technical assistance to, and 
     enter into cooperative agreements with, the State (including 
     a political subdivision thereof), a nonprofit organization, 
     or any other person;
       (2) hire and compensate staff, including individuals with 
     expertise in--
       (A) cultural, historic, or natural resource protection; or
       (B) heritage programming;
       (3) obtain funds or services from any source (including a 
     Federal law or program);
       (4) contract for goods or services; and
       (5) support any other activity
       (A) that furthers the purposes of the Heritage Area; and
       (B) that is consistent with the management plan.
       (b) Duties.--In addition to developing the management plan, 
     the management entity shall
       (1) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     cultural, historic, and natural resources of the Heritage 
     Area;
       (E) protecting and restoring historic sites and buildings 
     that are located in the Heritage Area and related to the 
     themes of the Heritage Area;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     installed throughout the Heritage Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;

[[Page 23178]]

       (2) in preparing and implementing the management plan, 
     consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area;
       (3) conduct public meetings at least semiannually regarding 
     the development and implementation of the management plan;
       (4) for any fiscal year for which Federal funds are 
     received under this title
       (A) submit to the Secretary a report that describes for the 
     year
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which a grant was made;
       (B) make available for audit all information relating to 
     the expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing expenditures of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records and other information 
     relating to the expenditure of the funds; and
       (5) encourage, by appropriate means, economic viability 
     that is consistent with the purposes of the Heritage Area; 
     and
       (6) maintain headquarters for the management entity in 
     Mercer County.
       (c) Prohibition on the Acquisition of Real Property.
       (1) Federal funds.--The management entity shall not use 
     Federal funds made available under this title to acquire real 
     property or any interest in real property.
       (2) Other funds.--Notwithstanding paragraph (1), the 
     management entity may acquire real property or an interest in 
     real property using any other source of funding, including 
     other Federal funding.

     SEC. 907. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the Heritage Area for the development and implementation 
     of the management plan.
       (2) Priority for Assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that assist in--
       (A) conserving the significant cultural, historic, natural, 
     and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Preservation of Historic Properties.--To carry out the 
     purposes of this title, the Secretary may provide assistance 
     to a State or local government or nonprofit organization to 
     provide for the appropriate treatment of
       (A) historic objects; or
       (B) structures that are listed or eligible for listing on 
     the National Register of Historic Places.
       (4) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the management entity and other 
     public or private entities to carry out this subsection.
       (b) Other Federal Agencies.--Any Federal agency conducting 
     or supporting an activity that directly affects the Heritage 
     Area shall--
       (1) consult with the Secretary and the management entity 
     regarding the activity;
       (2) cooperate with the Secretary and the management entity 
     in carrying out the activity, and to the maximum extent 
     practicable, coordinate the activity with the carrying out of 
     its duties; and
       (3) to the maximum extent practicable, conduct the activity 
     to avoid adverse effects on the Heritage Area.

     SEC. 908. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 909. TERMINATION OF AUTHORITY.

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

                TITLE X NATIONAL AVIATION HERITAGE AREA

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Few technological advances have transformed the world 
     or our Nation's economy, society, culture, and national 
     character as the development of powered flight.
       (2) The industrial, cultural, and natural heritage legacies 
     of the aviation and aerospace industry in the State of Ohio 
     are nationally significant.
       (3) Dayton, Ohio, and other defined areas where the 
     development of the airplane and aerospace technology 
     established our Nation's leadership in both civil and 
     military aeronautics and astronautics set the foundation for 
     the 20th Century to be an American Century.
       (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 
     birthplace, the home, and an integral part of the future of 
     aerospace.
       (5) The economic strength of our Nation is connected 
     integrally to the vitality of the aviation and aerospace 
     industry, which is responsible for an estimated 11,200,000 
     American jobs.
       (6) The industrial and cultural heritage of the aviation 
     and aerospace industry in the State of Ohio includes the 
     social history and living cultural traditions of several 
     generations.
       (7) The Department of the Interior is responsible for 
     protecting and interpreting the Nation's cultural and 
     historic resources, and there are significant examples of 
     these resources within Ohio to merit the involvement of the 
     Federal Government to develop programs and projects in 
     cooperation with the Aviation Heritage Foundation, 
     Incorporated, the State of Ohio, and other local and 
     governmental entities to adequately conserve, protect, and 
     interpret this heritage for the educational and recreational 
     benefit of this and future generations of Americans, while 
     providing opportunities for education and revitalization.
       (8) Since the enactment of the Dayton Aviation Heritage 
     Preservation Act of 1992 (Public Law 102-419), partnerships 
     among the Federal, State, and local governments and the 
     private sector have greatly assisted the development and 
     preservation of the historic aviation resources in the Miami 
     Valley.
       (9) An aviation heritage area centered in Southwest Ohio is 
     a suitable and feasible management option to increase 
     collaboration, promote heritage tourism, and build on the 
     established partnerships among Ohio's historic aviation 
     resources and related sites.
       (10) A critical level of collaboration among the historic 
     aviation resources in Southwest Ohio cannot be achieved 
     without a congressionally established national heritage area 
     and the support of the National Park Service and other 
     Federal agencies which own significant historic aviation-
     related sites in Ohio.
       (11) The Aviation Heritage Foundation, Incorporated, would 
     be an appropriate management entity to oversee the 
     development of the National Aviation Heritage Area.
       (12) Five National Park Service and Dayton Aviation 
     Heritage Commission studies and planning documents: ``Study 
     of Alternatives: Dayton's Aviation Heritage'', ``Dayton 
     Aviation Heritage National Historical Park Suitability/
     Feasibility Study'', ``Dayton Aviation Heritage General 
     Management Plan'', ``Dayton Historic Resources Preservation 
     and Development Plan'', and Heritage Area Concept Study (in 
     progress), demonstrated that sufficient historical resources 
     exist to establish the National Aviation Heritage Area.
       (13) With the advent of the 100th anniversary of the first 
     powered flight in 2003, it is recognized that the 
     preservation of properties nationally significant in the 
     history of aviation is an important goal for the future 
     education of Americans.
       (14) Local governments, the State of Ohio, and private 
     sector interests have embraced the heritage area concept and 
     desire to enter into a partnership with the Federal 
     government to preserve, protect, and develop the Heritage 
     Area for public benefit.
       (15) The National Aviation Heritage Area would complement 
     and enhance the aviation-related resources within the 
     National Park Service, especially the Dayton Aviation 
     Heritage National Historical Park, Ohio.
       (b) Purpose.--The purpose of this title is to establish the 
     Heritage Area to--
       (1) encourage and facilitate collaboration among the 
     facilities, sites, organizations, governmental entities, and 
     educational institutions within the Heritage Area to promote 
     heritage tourism and to develop educational and cultural 
     programs for the public;
       (2) preserve and interpret for the educational and 
     inspirational benefit of present and future generations the 
     unique and significant contributions to our national heritage 
     of certain historic and cultural lands, structures, 
     facilities, and sites within the National Aviation Heritage 
     Area;
       (3) encourage within the National Aviation Heritage Area a 
     broad range of economic opportunities enhancing the quality 
     of life for present and future generations;
       (4) provide a management framework to assist the State of 
     Ohio, its political subdivisions, other areas, and private 
     organizations, or combinations thereof, in preparing and 
     implementing an integrated Management Plan to conserve their 
     aviation heritage and in developing policies and programs 
     that will preserve, enhance, and interpret the cultural, 
     historical, natural, recreation, and scenic resources of the 
     Heritage Area; and
       (5) authorize the Secretary to provide financial and 
     technical assistance to the State of Ohio, its political 
     subdivisions, and private organizations, or combinations 
     thereof, in preparing and implementing the private Management 
     Plan.

     SEC. 1003. DEFINITIONS.

       For purposes of this title:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation.
       (2) Financial assistance.--The term ``financial 
     assistance'' means funds appropriated by Congress and made 
     available to

[[Page 23179]]

     the management entity for the purpose of preparing and 
     implementing the Management Plan.
       (3) Heritage area.--The term ``Heritage Area'' means the 
     National Aviation Heritage Area established by section 1004 
     to receive, distribute, and account for Federal funds 
     appropriated for the purpose of this title.
       (4) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area developed under 
     section 1006.
       (5) Management entity.--The term ``management entity'' 
     means the Aviation Heritage Foundation, Incorporated (a 
     nonprofit corporation established under the laws of the State 
     of Ohio).
       (6) Partner.--The term ``partner'' means a Federal, State, 
     or local governmental entity, organization, private industry, 
     educational institution, or individual involved in promoting 
     the conservation and preservation of the cultural and natural 
     resources of the Heritage Area.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Technical assistance.--The term ``technical 
     assistance'' means any guidance, advice, help, or aid, other 
     than financial assistance, provided by the Secretary.

     SEC. 1004. NATIONAL AVIATION HERITAGE AREA.

       (a) Establishment.--There is established in the States of 
     Ohio and Indiana, the National Aviation Heritage Area.
       (b) Boundaries.--The Heritage Area shall include the 
     following:
       (1) A core area consisting of resources in Montgomery, 
     Greene, Warren, Miami, Clark, and Champaign Counties in Ohio.
       (2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
     Ohio, and the Wilbur Wright Birthplace and Museum, Millville, 
     Indiana.
       (3) Sites, buildings, and districts within the core area 
     recommended by the Management Plan.
       (c) Map.--A map of the Heritage Area shall be included in 
     the Management Plan. The map shall be on file in the 
     appropriate offices of the National Park Service, Department 
     of the Interior.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be the Aviation Heritage Foundation.

     SEC. 1005. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of implementing the 
     Management Plan, the management entity may use Federal funds 
     made available through this title to--
       (1) make grants to, and enter into cooperative agreements 
     with, the State of Ohio and political subdivisions of that 
     State, private organizations, or any person;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The management entity shall--
       (1) develop and submit to the Secretary for approval the 
     proposed Management Plan in accordance with section 1006;
       (2) give priority to implementing actions set forth in the 
     Management Plan, including taking steps to assist units of 
     government and nonprofit organizations in preserving 
     resources within the Heritage Area and encouraging local 
     governments to adopt land use policies consistent with the 
     management of the Heritage Area and the goals of the 
     Management Plan;
       (3) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area in 
     developing and implementing the Management Plan;
       (4) maintain a collaboration among the partners to promote 
     heritage tourism and to assist partners to develop 
     educational and cultural programs for the public;
       (5) encourage economic viability in the Heritage Area 
     consistent with the goals of the Management Plan;
       (6) assist units of government and nonprofit organizations 
     in--
       (A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     historical, natural, and architectural resources and sites in 
     the Heritage Area; and
       (D) restoring historic buildings that relate to the 
     purposes of the Heritage Area;
       (7) assist units of government and nonprofit organizations 
     to ensure that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are placed throughout the Heritage Area;
       (8) conduct public meetings at least quarterly regarding 
     the implementation of the Management Plan;
       (9) submit substantial amendments to the Management Plan to 
     the Secretary for the approval of the Secretary; and
       (10) for any year in which Federal funds have been received 
     under this title--
       (A) submit an annual report to the Secretary that sets 
     forth the accomplishments of the management entity and its 
     expenses and income;
       (B) make available to the Secretary for audit all records 
     relating to the expenditure of such funds and any matching 
     funds; and
       (C) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of such funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes.

     SEC. 1006. MANAGEMENT PLAN.

       (a) Preparation of Plan.--Not later than 3 years after the 
     date of enactment of this title, the management entity shall 
     submit to the Secretary for approval a proposed Management 
     Plan that shall take into consideration State and local plans 
     and involve residents, public agencies, and private 
     organizations in the Heritage Area.
       (b) Contents.--The Management Plan shall 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 and shall include the following:
       (1) An inventory of the resources contained in the core 
     area of the Heritage Area, including the Dayton Aviation 
     Heritage Historical Park, the sites, buildings, and districts 
     listed in section 202 of the Dayton Aviation Heritage 
     Preservation Act of 1992 (Public Law 102-419), and any other 
     property in the Heritage Area that is related to the themes 
     of the Heritage Area and that should be preserved, restored, 
     managed, or maintained because of its significance.
       (2) An assessment of cultural landscapes within the 
     Heritage Area.
       (3) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with the purposes of this title.
       (4) An interpretation plan for the Heritage Area.
       (5) A program for implementation of the Management Plan by 
     the management entity, including the following:
       (A) Facilitating ongoing collaboration among the partners 
     to promote heritage tourism and to develop educational and 
     cultural programs for the public.
       (B) Assisting partners planning for restoration and 
     construction.
       (C) Specific commitments of the partners for the first 5 
     years of operation.
       (6) The identification of sources of funding for 
     implementing the plan.
       (7) A description and evaluation of the management entity, 
     including its membership and organizational structure.
       (C) Disqualification from funding.--If a proposed 
     Management Plan is not submitted to the Secretary within 3 
     years of the date of the enactment of this title, the 
     management entity shall be ineligible to receive additional 
     funding under this title until the date on which the 
     Secretary receives the proposed Management Plan.
       (d) Approval and Disapproval of Management Plan.--The 
     Secretary, in consultation with the State of Ohio, shall 
     approve or disapprove the proposed Management Plan submitted 
     under this title not later than 90 days after receiving such 
     proposed Management Plan.
       (e) Action Following Disapproval.--If the Secretary 
     disapproves a proposed Management Plan, the Secretary shall 
     advise the management entity in writing of the reasons for 
     the disapproval and shall make recommendations for revisions 
     to the proposed Management Plan. The Secretary shall approve 
     or disapprove a proposed revision within 90 days after the 
     date it is submitted.
       (f) Approval of Amendments.--The Secretary shall review and 
     approve substantial amendments to the Management Plan. Funds 
     appropriated under this title may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.

     SEC. 1007. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--Upon the request 
     of the management entity, the Secretary may provide technical 
     assistance, on a reimbursable or non-reimbursable basis, and 
     financial assistance to the Heritage Area to develop and 
     implement the management plan. The Secretary is authorized to 
     enter into cooperative agreements with the management 
     entitity and other public or private entities for this 
     purpose. In assisting the Heritage Area, the Secretary shall 
     give priority to actions that in general assist in--
       (1) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Duties of Other Federal Agencies.--Any Federal agency 
     conducting or supporting activities directly affecting the 
     Heritage Area shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities;
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this title;

[[Page 23180]]

       (3) to the maximum extent practicable, coordinate such 
     activities with the carrying out of such duties; and
       (4) to the maximum extent practicable, conduct or support 
     such activities in a manner which the management entity 
     determines will not have an adverse effect on the Heritage 
     Area.

     SEC. 1008. COORDINATION BETWEEN THE SECRETARY AND THE 
                   SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF 
                   NASA.

       The decisions concerning the execution of this title as it 
     applies to properties under the control of the Secretary of 
     Defense and the Administrator of the National Aeronautics and 
     Space Administration shall be made by such Secretary or such 
     Administrator, in consultation with the Secretary of the 
     Interior.

     SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--To carry out this title there is 
     authorized to be appropriated $10,000,000, except that not 
     more than $1,000,000 may be appropriated to carry out this 
     title for any fiscal year.
       (b) 50 Percent Match.--The Federal share of the cost of 
     activities carried out using any assistance or grant under 
     this title shall not exceed 50 percent.

     SEC. 1010. SUNSET PROVISION.

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

     SEC. 1011. STUDY.

       (a) In General.--The Secretary shall conduct a special 
     resource study updating the study required under section 104 
     of the Dayton Aviation Heritage Preservation Act of 1992 
     (Public Law 102-419) and detailing alternatives for 
     incorporating the Wright Company factory as a unit of Dayton 
     Aviation Heritage National Historical Park.
       (b) Contents.--The study shall include an analysis of 
     alternatives for including the Wright Company factory as a 
     unit of Dayton Aviation Heritage National Historical Park 
     that detail management and development options and costs.
       (c) Consultation.--In conducting the study, the Secretary 
     shall consult with the Delphi Corporation, the Dayton 
     Aviation Heritage Commission, the Aviation Heritage 
     Foundation, State and local agencies, and other interested 
     parties in the area.

     SEC. 1012. REPORT.

       Not later than 3 years after funds are first made available 
     for this title, the Secretary shall submit to the Committee 
     on Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report describing the results of the study conducted under 
     section 1011.

        TITLE XI--CHAMPLAIN VALLEY NATIONAL HERITAGE PARTNERSHIP

     SECTION 1101. SHORT TITLE.

       This title may be cited as the ``Champlain Valley National 
     Heritage Partnership Act of 2002''.

     SEC. 1102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Champlain Valley and its extensive cultural and 
     natural resources have played a significant role in the 
     history of the United States and the individual States of 
     Vermont and New York;
       (2) archeological evidence indicates that the Champlain 
     Valley has been inhabited by humans since the last retreat of 
     the glaciers, with the Native Americans living in the area at 
     the time of European discovery being primarily of Iroquois 
     and Algonquin descent;
       (3) the linked waterways of the Champlain Valley, including 
     the Richelieu River in Canada, played a unique and 
     significant role in the establishment and development of the 
     United States and Canada through several distinct eras, 
     including--
       (A) the era of European exploration, during which Samuel de 
     Champlain and other explorers used the waterways as a means 
     of access through the wilderness;
       (B) the era of military campaigns, including highly 
     significant military campaigns of the French and Indian War, 
     the American Revolution, and the War of 1812; and
       (C) the era of maritime commerce, during which canals 
     boats, schooners, and steamships formed the backbone of 
     commercial transportation for the region;
       (4) those unique and significant eras are best described by 
     the theme ``The Making of Nations and Corridors of 
     Commerce'';
       (5) the artifacts are structures associated with those eras 
     are unusually well-preserved;
       (6) the Champlain Valley is recognized as having one of the 
     richest collections of historical resources in North America;
       (7) the history and cultural heritage of the Champlain 
     Valley are shared with Canada and the Province of Quebec;
       (8) there are benefits in celebrating and promoting this 
     mutual heritage;
       (9) tourism is among the most important industries in the 
     Champlain Valley, and heritage tourism in particular plays a 
     significant role in the economy of the Champlain Valley;
       (10) it is important to enhance heritage tourism in the 
     Champlain Valley while ensuring that increased visitation 
     will not impair the historical and cultural resources of the 
     region;
       (11) according to the 1999 report of the National Park 
     Service entitled ``Champlain Valley Heritage Corridor 
     Project'', ``the Champlain Valley contains resources and 
     represents a theme `The Making of Nations and Corridors of 
     Commerce', that is of outstanding importance in H.S. 
     history''; and
       (12) it is in the interest of the United States to preserve 
     and interpret the historical and cultural resources of the 
     Champlain Valley for the education and benefit of present and 
     future generations.
       (b) Purposes.--The purposes of this title are--
       (1) to establish the Champlain Valley National Heritage 
     Partnership in the States of Vermont and New York to 
     recognize the importance of the historical, cultural, and 
     recreational resources of the Champlain Valley region to the 
     United States;
       (2) to assist the State of Vermont and New York, including 
     units of local government and non-governmental organizations 
     in the States, in preserving, protecting, and interpreting 
     those resources for the benefit of the people of the United 
     States;
       (3) to use those resources and the theme ``The Making of 
     Nations and Corridors of Commerce'' to--
       (A) revitalize the economy of communities in the Champlain 
     Valley; and
       (B) generate and sustain increased levels of tourism in the 
     Champlain Valley;
       (4) to encourage--
       (A) partnerships among State and local governments and non-
     governmental organizations in the United States; and
       (B) collaboration with Canada and the Province of Quebec 
     to--
       (i) interpret and promote the history of the waterways of 
     the Champlain Valley region;
       (ii) form stronger bonds between the United States and 
     Canada; and
       (iii) promote the international aspects of the Champlain 
     Valley region; and
       (5) to provide financial and technical assistance for the 
     purposes described in paragraphs (1) through (4).

     SEC. 1103. DEFINITIONS.

       In this title:
       (1) Heritage partnership.--The term ``Heritage 
     Partnership'' means the Champlain Valley National Heritage 
     Partnership established by section 1104(a).
       (2) Management entity.--The term ``management entity'' 
     means the Lake
       Champlain Basin Program.
       (3) Management plan.--The term ``management plan'' means 
     the management plan developed under section 1104(b)(B)(i).
       (4) Region.--
       (A) In general.--The term ``region'' means any area or 
     community in one of the States in which a physical, cultural, 
     or historical resource that represents the theme is located.
       (B) Inclusions.--The term ``region'' includes--
       (i) the linked navigable waterways of--
       (I) Lake Champlain;
       (II) Lake George;
       (III) the Champlain Canal; and
       (IV) the portion of the Upper Hudson River extending south 
     to Saratoga;
       (ii) portions of Grand Isle, Franklin, Chittenden, Addison, 
     Rutland, and Bennington Counties in the State of Vermont; and
       (iii) portions of Clinton, Essex, Warren, Saratoga and 
     Washington Counties in the State of New York.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means--
       (A) the State of Vermont; and
       (B) the State of New York.
       (7) Theme.--The term ``theme'' means the theme ``The Making 
     of Nations and Corridors of Commerce'', as the term is used 
     in the 1999 report of the National Park Service entitled 
     ``Champlain Valley Heritage Corridor Project'', that 
     describes the periods of international conflict and maritime 
     commerce during which the region played a unique and 
     significant role in the development of the United States and 
     Canada.

     SEC. 1104. HERITAGE PARTNERSHIP.

       (a) Establishment.--There is established in the region the 
     Champlain Valley National Heritage Partnership.
       (b) Management Entity.--
       (1) Duties.--
       (A) In general.--The management entity shall implement the 
     title.
       (B) Management plan.--(i) Not later than 3 years after the 
     date of enactment of this title, the management entity shall 
     develop a management plan for the Heritage Partnership.
       (ii) Existing plan.--Pending the completion and approval of 
     the management plan, the management entity may implement the 
     provisions of this title based on its federally authorized 
     plan ``Opportunities for Action, an Evolving Plan for Lake 
     Champlain''.
       (iii) Contents.--The management plan shall include--
       (I) recommendations for funding, managing, and developing 
     the Heritage Partnership;
       (II) a description of activities to be carried out by 
     public and private organizations to protect the resources of 
     the Heritage Partnership;
       (III) a list of specific, potential sources of funding for 
     the protection, management, and development of the Heritage 
     Partnership;

[[Page 23181]]

       (IV) an assessment of the organizational capacity of the 
     management entity to achieve the goals for implementation; 
     and
       (V) recommendations of ways in which to encourage 
     collaboration with Canada and the Province of Quebec in 
     implementing this title.
       (iv) Considerations.--In developing the management plan 
     under clause (i), the management entity shall take into 
     consideration existing Federal, State, and local plans 
     relating to the region.
       (v) Submission to secretary for approval.--
       (I) In general.--Not later than 3 years after the date of 
     enactment of this title, the management entity shall submit 
     the management plan to the Secretary for approval.
       (II) Efffect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (I), the Secretary shall not provide any additional 
     funding under this title until a management plan for the 
     Heritage Partnership is submitted to the Secretary.
       (vi) Approval.--Not later than 90 days after receiving the 
     management plan submitted under subparagraph (v), the 
     Secretary, in consultation with the States, shall approve or 
     disapprove the management plan.
       (vii) Action following disapproval.--
       (I) In general.--If the Secretary disapproves a management 
     plan under subparagraph (vi), the Secretary shall--
       (aa) advise the management entity in writing of the reasons 
     for the disapproval;
       (bb) make recommendations for revisions to the management 
     plan; and
       (cc) allow the management entity to submit to the Secretary 
     revisions to the management plan.
       (II) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (vii)(I)(cc), the Secretary shall approve or 
     disapprove the revision.
       (viii) Amendment.--
       (I) In general.--After approval by the Secretary of the 
     management plan, the management entity shall periodically
       (aa) review the management plan; and
       (bb) submit to the Secretary, for review and approval by 
     the Secretary, the recommendations of the management entity 
     for any amendments to the management plan that the management 
     entity considers to be appropriate.
       (II) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any amendment proposed 
     by the management entity under subparagraph (viii)(1) until 
     the Secretary approves the amendments.
       (2) Partnerships.--
       (A) In general.--In carrying out this title, the management 
     entity may enter into partnerships with--
       (i) the States, including units of local governments in the 
     States;
       (ii) non-governmental organizations;
       (iii) Indian Tribes; and
       (iv) other persons in the Heritage Partnership.
       (B) Grants.--Subject to the availability of funds, the 
     management entity may provide grants to partners under 
     subparagraph (A) to assist in implementing this title.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this title to acquire real property or any interest in 
     real property.
       (c) Assistance from Secretary.--To carry out the purposes 
     of this title, the Secretary may provide technical and 
     financial assistance to the management entity.

     SEC. 1105. SAVINGS PROVISIONS.

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

     SEC. 1106. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1107. TERMINATION OF AUTHORITY.

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

              TITLE XII--BLUE RIDGE NATIONAL HERITAGE AREA

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Blue Ridge National 
     Heritage Area Act of 2002''.

     SEC. 1202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Blue Ridge Mountains and the extensive cultural and 
     natural resources of the Blue Ridge Mountains have played a 
     significant role in the history of the United States and the 
     State of North Carolina;
       (2) archaeological evidence indicates that the Blue Ridge 
     Mountains have been inhabited by humans since the last 
     retreat of the glaciers, with the Native Americans living in 
     the area at the time of European discovery being primarily of 
     Cherokee descent;
       (3) the Blue Ridge Mountains of western North Carolina, 
     including the Great Smoky Mountains, played a unique and 
     significant role in the establishment and development of the 
     culture of the United States through several distinct 
     legacies, including--
       (A) the craft heritage that--
       (i) was first influenced by the Cherokee Indians;
       (ii) was the origin of the traditional craft movement 
     starting in 1900 and the contemporary craft movement starting 
     in the 1940's; and
       (iii) is carried out by over 4,000 craftspeople in the Blue 
     Ridge Mountains of western North Carolina, the third largest 
     concentration of such people in the United States;
       (B) a musical heritage comprised of distinctive 
     instrumental and vocal traditions that--
       (i) includes stringband music, bluegrass, ballad singing, 
     blues, and sacred music;
       (ii) has received national recognition; and
       (iii) has made the region 1 of the richest repositories of 
     traditional music and folklife in the United States;
       (C) the Cherokee heritage--
       (i) dating back thousands of years; and
       (ii) offering--
       (I) nationally significant cultural traditions practiced by 
     the Eastern Band of Cherokee Indians;
       (II) authentic tradition bearers;
       (III) historic sites; and
       (IV) historically important collections of Cherokee 
     artifacts; and
       (D) the agricultural heritage established by the Cherokee 
     Indians, including medicinal and ceremonial food crops, 
     combined with the historic European patterns of raising 
     livestock, culminating in the largest number of specialty 
     crop farms in North Carolina;
       (4) the artifacts and structures associated with those 
     legacies are unusually well-preserved;
       (5) the Blue Ridge Mountains are recognized as having one 
     of the richest collections of historical resources in North 
     America;
       (6) the history and cultural heritage of the Blue Ridge 
     Mountains are shared with the States of Virginia, Tennessee, 
     and Georgia;
       (7) there are significant cultural, economic, and 
     educational benefits in celebrating and promoting this mutual 
     heritage;
       (8) according to the 2002 reports entitled ``The Blue Ridge 
     Heritage and Cultural Partnership'' and ``Western North 
     Carolina National Heritage Area Feasibility Study and Plan'', 
     the Blue Ridge Mountains contain numerous resources that are 
     of outstanding importance to the history of the United 
     States; and
       (9) it is in the interest of the United States to preserve 
     and interpret the cultural and historical resources of the 
     Blue Ridge Mountains for the education and benefit of present 
     and future generations.
       (b) Purpose.--The purpose of this title is to foster a 
     close working relationship with, and to assist, all levels of 
     government, the private sector, and local communities in the 
     State in managing, preserving, protecting, and interpreting 
     the cultural, historical, and natural resources of the 
     Heritage Area while continuing to develop economic 
     opportunities.

     SEC. 1203. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Blue Ridge National Heritage Area established by section 
     1204(a).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 1204(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area approved under 
     section 1205.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of North 
     Carolina.

     SEC. 1204. BLUE RIDGE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Blue Ridge 
     National Heritage Area in the State.
       (b) Boundaries.--The Heritage Area shall consist of the 
     counties of Alleghany, Ashe, Avery, Buncombe, Burke, 
     Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, 
     Jackson, McDowell, Macon, Madison, Mitchell, Polk, 
     Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, 
     Yadkin, and Yancey in the State.
       (c) Management Entity.--
       (1) In general.--As a condition of the receipt of funds 
     made available under section 1209(a), the Blue Ridge National 
     Heritage Area Partnership shall be the management entity for 
     the Heritage Area.
       (2) Board of directors.--
       (A) Composition.--The management entity shall be governed 
     by a board of directors composed of 9 members, of whom--
       (i) 2 members shall be appointed by AdvantageWest;

[[Page 23182]]

       (ii) 2 members shall be appointed by HandMade In America, 
     Inc.;
       (iii) one member shall be appointed by the Education 
     Resources Consortium of Western North Carolina;
       (iv) 1 member shall be appointed by the Eastern Band of the 
     Cherokee Indians; and
       (v) 3 members shall be appointed by the Governor of North 
     Carolina and shall--
       (I) reside in geographically diverse regions of the 
     Heritage Area;
       (II) be a representative of State or local governments or 
     the private sector; and
       (III) have knowledge of tourism, economic and community 
     development, regional planning, historic preservation, 
     cultural or natural resources development, regional planning, 
     conservation, recreational services, education, or museum 
     services.

     SEC. 1205. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this title, the management entity shall submit 
     to the Secretary for approval a management plan for the 
     Heritage Area.
       (b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the management entity shall--
       (1) for the purpose of presenting a unified preservation 
     and interpretation plan, take into consideration Federal, 
     State, and local plans; and
       (2) provide for the participation of residents, public 
     agencies, and private organizations in the Heritage Area.
       (c) Contents.--The management plan shall--
       (1) present comprehensive recommendations and strategies 
     for the conservation, funding, management, and development of 
     the Heritage Area;
       (2) identify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (3) include--
       (A) an inventory of the cultural, historical, natural, and 
     recreational resources of the Heritage Area, including a list 
     of property that--
       (i) relates to the purposes of the Heritage Area; and
       (ii) should be conserved, restored, managed, developed, or 
     maintained because of the significance of the property;
       (B) a program of strategies and actions for the 
     implementation of the management plan that identifies the 
     roles of agencies and organizations that are involved in the 
     implementation of the management plan;
       (C) an interpretive and educational plan for the Heritage 
     Area;
       (D) a recommendation of policies for resource management 
     and protection that develop intergovernmental cooperative 
     agreements to manage and protect the cultural, historical, 
     natural, and recreational resources of the Heritage Area; and
       (E) an analysis of ways in which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this title.
       (d) Effect of Failure To Submit.--If a management plan is 
     not submitted to the Secretary by the date described in 
     subsection (a), the Secretary shall not provide any 
     additional funding under this title until a management plan 
     is submitted to the Secretary.
       (e) Approval or Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (a), the Secretary 
     shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether the 
     management plan--
       (A) has strong local support from landowners, business 
     interests, nonprofit organizations, and governments in the 
     Heritage Area; and
       (B) has a high potential for effective partnership 
     mechanisms.
       (3) Action following disapproval.--If the Secretary 
     disapproves a management plan under subsection (e)(1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) allow the management entity to submit to the Secretary 
     revisions to the management plan.
       (4) Deadline for approval of revision.--Not later than 60 
     days after the date on which a revision is submitted under 
     paragraph (3)(C), the Secretary shall approve or disapprove 
     the proposed revision.
       (f) Amendment of Approved Management Plan.
       (1) In general.--After approval by the Secretary of a 
     management plan, the management entity shall periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval, the 
     recommendation of the management entity for any amendments to 
     the management plan.
       (2) Use of funds.--No funds made available under section 
     1209(a) shall be used to implement any amendment proposed by 
     the management entity under paragraph (1)(B) until the 
     Secretary approves the amendment.

     SEC. 1206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For the purposes of developing and 
     implementing the management plan, the management entity may 
     use funds made available under section 1209(a) to--
       (1) make grants to, and enter into cooperative agreements 
     with, the State (including a political subdivision), 
     nonprofit organizations, or persons;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--In addition to developing the management plan, 
     the management entity shall--
       (1) develop and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups in 
     the Heritage Area;
       (2) conduct public meetings in the Heritage Area at least 
     semiannually on the development and implementation of the 
     management plan;
       (3) give priority to the implementation of actions, goals, 
     and strategies in the management plan, including providing 
     assistance to units of government, nonprofit organizations, 
     and persons in--
       (A) carrying out the programs that protect resources in the 
     Heritage Area;
       (B) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (C) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (D) developing recreational and educational opportunities 
     in the Heritage Area; and
       (E) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area; and
       (4) for any fiscal year for which Federal funds are 
     received under section 1209(a)
       (A) submit to the Secretary a report that describes, for 
     the fiscal year--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which a grant was made;
       (B) make available for audit by Congress, the Secretary, 
     and appropriate units of government, all records relating to 
     the expenditure of funds and any matching funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records relating to the expenditure 
     of funds.
       (c) Prohibition on the Acquisition of Real Property.--The 
     management entity shall not use Federal funds received under 
     section 1209(a) to acquire real property or an interest in 
     real property.

     SEC. 1207. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--The Secretary may provide to the 
     management entity technical assistance and, subject to the 
     availability of appropriations, financial assistance, for use 
     in developing and implementing the management plan.
       (b) Priority for Assistance.--In providing assistance under 
     subsection (a), the Secretary shall give priority to actions 
     that facilitate--
       (1) the preservation of the significant cultural, 
     historical, natural, and recreational resources of the 
     Heritage Area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources of the Heritage Area.

     SEC. 1208. LAND USE REGULATION.

       (a) In General.--Nothing in this title--
       (1) grants any power of zoning or land use to the 
     management entity; or
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or any State or local government to 
     regulate any use of land under any law (including 
     regulations).
       (b) Private Property.--Nothing in this title--
       (1) abridges the rights of any person with respect to 
     private property;
       (2) affects the authority of the State or local government 
     with respect to private property; or
       (3) imposes any additional burden on any property owner.

     SEC. 1209. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1210. TERMINATION OF AUTHORITY.

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

             TITLE XIII--ATCHAFALAYA NATIONAL HERITAGE AREA

     SECTION 1301. SHORT TITLE.

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

     SEC. 1302. FINDINGS.

       Congress finds that--

[[Page 23183]]

       (1) the Atchafalaya Basin area of Louisiana, designated by 
     the Louisiana Legislature as the ``Atchafalaya Trace State 
     Heritage Area'' and consisting of the area described in 
     section 1305(b), is an area in which natural, scenic, 
     cultural, and historic resources form a cohesive and 
     nationally distinctive landscape arising from patterns of 
     human activity shaped by geography;
       (2) the significance of the area is enhanced by the 
     continued use of the area by people whose traditions have 
     helped shape the landscape;
       (3) there is a national interest in protecting, conserving, 
     restoring, promoting, and interpreting the benefits of the 
     area for the residents of, and visitors to, the area;
       (4) the area represents an assemblage of rich and varied 
     resources forming a unique aspect of the heritage of the 
     United States;
       (5) the area reflects a complex mixture of people and their 
     origins, traditions, customs, beliefs, and folkways of 
     interest to the public;
       (6) the land and water of the area offer outstanding 
     recreational opportunities, educational experiences, and 
     potential for interpretation and scientific research; and
       (7) local governments of the area support the establishment 
     of a national heritage area.

     SEC. 1303. PURPOSES.

       The purposes of this title are--
       (1) to protect, preserve, conserve, restore, promote, and 
     interpret the significant resource values and functions of 
     the Atchafalaya Basin area and advance sustainable economic 
     development of the area;
       (2) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     in the area so as to enable those communities to conserve 
     their heritage while continuing to pursue economic 
     opportunities; and
       (3) to establish, in partnership with the State, local 
     communities, preservation organizations, private 
     corporations, and landowners in the Heritage Area, the 
     Atchafalaya Trace State Heritage Area, as designated by the 
     Louisiana Legislature, as the Atchafalaya National Heritage 
     Area.

     SEC. 1304. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     1305(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 1305(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 1307.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Louisiana.

     SEC. 1305. ATCHAFALAYA NATIONAL HERITAGE AREA.

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

     SEC. 1306. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

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

     SEC. 1307. MANAGEMENT PLAN.

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

     SEC. 1308. COST SHARING.

       The Federal share of the cost of any activity assisted by 
     the local coordinating entity under this title shall not 
     exceed 50 percent.

     SEC. 1309. EFFECT.

       Nothing in this title or in establishment of the Heritage 
     Area--
       (1) grants any Federal agency regulatory authority over any 
     interest in the Heritage Area, unless cooperatively agreed on 
     by all involved parties;
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     title;
       (3) grants any power of zoning or land use to the local 
     coordinating entity;
       (4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this

[[Page 23184]]

     title that would be applicable had the Heritage Area not been 
     established;
       (5)(A) imposes any change in Federal environmental quality 
     standards; or
       (B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of Title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       (6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       (7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       (8) affects the continuing use and operation, where located 
     on the date of enactment of this title, of any public utility 
     or common carrier.

     SEC. 1310. REPORTS.

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

     SEC. 1311. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $10,000,000, of which not more than $1,000,000 shall be 
     made available for any fiscal year.

     SEC. 1312. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this title.
                                 ______
                                 
  SA 4971. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 941, to revise the boundaries of the Golden Gate National 
Recreation Area in the State of California, to extend the term of the 
advisory commission for the recreation area, and for other purposes; as 
follows:

       In lieu of the matter proposed to be inserted by the House 
     amendment insert the following:

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

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Rancho Corral de Tierra 
     Golden Gate National Recreation Area Boundary Adjustment Act 
     of 2002''.

     SEC. 102. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

       (a) Boundary Adjustment.--Section 2(a) of Public Law 92-589 
     (16 U.S.C. 460bb-1(a)) is amended--
       (1) by striking `The recreation area shall comprise' and 
     inserting the following:
       ``(1) In general.--The recreation area shall comprise''; 
     and
       (2) by striking ``The following additional lands are also'' 
     and all that follows through the period at the end of the 
     paragraph and inserting the following:
       ``(2) Additional land.--In addition to the land described 
     in paragraph (1), the recreation area shall include--
       ``(A) the parcels numbered by the Assessor of Marin County, 
     California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 
     166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 
     166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 
     119-240-54, 166-010-12, 166-010-13, and 119-235-10;
       ``(B) land and water in San Mateo County generally depicted 
     on the map entitled 'Sweeney Ridge Addition, Golden Gate 
     National Recreation Area', numbered NRA GG-80,000-A, and 
     dated May 1980;
       ``(C) land acquired under the Golden Gate National 
     Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; 
     Public Law 102-299);
       ``(D) land generally depicted on the map entitled 
     `Additions to Golden Gate National Recreation Area', numbered 
     NPS-80-076, and dated July 2000/PWR-PLRPC; and
       ``(E) land generally depicted on the map entitled `Rancho 
     Corral de Tierra Additions to the Golden Gate National 
     Recreation Area', numbered NPS-80,079A and dated July 2001.
       ``(3) Acquisition authority.--The Secretary may acquire 
     land described in paragraph 102(E) only from a willing 
     seller.''.
       (b) Extension of Term of Advisory Commission.--Section 5(g) 
     of Public Law 92-589 (16 U.S.C. 460bb-4(g)) is amended by 
     striking ``thirty years after the enactment of this Act'' and 
     inserting ``on December 31, 2012''.

         TITLE II--YOSEMITE NATIONAL PARK EDUCATION IMPROVEMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Yosemite National Park 
     Education Improvement Act''.

     SEC. 202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The three elementary schools serving the children of 
     employees of Yosemite National Park are served by the Bass 
     Lake Joint Union Elementary School District and Mariposa 
     Unified School District.
       (2) The schools are in remote mountainous areas and long 
     distances from other educational and administrative 
     facilities of the two local educational agencies.
       (3) Because of their remote locations and relatively small 
     number of students, schools serving the children of employees 
     of the Park provide fewer services in more basic facilities 
     than the educational services and facilities provided to 
     students that attend other schools served by the two local 
     educational agencies.
       (4) Because of the long distances involved and adverse 
     weather and road conditions that occur during much of the 
     school year, it is impractical for the children of employees 
     of the Park who live within or near the Park to attend other 
     schools served by the two local educational agencies.
       (b) Purpose.--The purpose of this title is to authorize the 
     Secretary of the Interior to provide supplemental funding and 
     other services that are necessary to assist the State of 
     California or local educational agencies in California in 
     providing educational services for students attending schools 
     located within the Park.

     SEC. 203. PAYMENTS FOR EDUCATIONAL SERVICES.

       (a) Authority To Provide Funds.--For fiscal years 2003 
     through 2007, the Secretary may provide funds to the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District for educational services to students 
     who are dependents of persons engaged in the administration, 
     operation, and maintenance of the Park or students who live 
     at or near the Park upon real property of the United States.
       (b) Limitations on Use of Funds.--Payments made by the 
     Secretary under this section may not be used for new 
     construction, construction contracts, or major capital 
     improvements, and may be used only to pay public employees 
     for services otherwise authorized by this title.
       (c) Limitations on Amount of Funds.--Payments made under 
     this section shall not exceed the lesser of $400,000 in any 
     fiscal year or the amount necessary to provide students 
     described in subsection (a) with educational services that 
     are normally provided and generally available to students who 
     attend public schools elsewhere in the State of California.
       (d) Limitation on Funding Sources.--
       (1) Exceptions.--Funds from the following sources may not 
     be used to make payments under this section:
       (A) Fees authorized and collected under the Land and Water 
     Conservation Fund Act of 1956 (16 U.S.C., 460l-4 et seq.).
       (B) The recreational fee demonstration program under 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1996 (as contained in section 
     101(c) of Public Law 104-134; 16 U.S.C. 4601-6a note).
       (C) The national park passport program established under 
     section 602 of the National Parks Omnibus Management Act of 
     1998 (16 U.S.C. 5992).
       (D) Emergency appropriations for Yosemite flood recovery.
       (E) Funds appropriated for the Operation of the National 
     Park Service (ONPS Funds).
       (e) Definitions.--For the purposes of this title, the 
     following definitions apply:
       (1) Local educational agencies.--The term ``local 
     educational agencies'' has the meaning given that term in 
     section 9109(26) of the Elementary and Secondary Education 
     Act of 1965.
       (2) Educational services.--The term ``educational 
     services'' means services that may include maintenance and 
     minor upgrades of facilities and transportation to and from 
     school.
       (3) Park.--The term ``Park'' means Yosemite National Park.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 204. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED 
                   OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
                   PARK.

       Section 814(c) of the Omnibus Parks and Public Lands 
     Management Act of 1966 (16 U.S.C. 346e) is amended--
       (1) in the first sentence--
       (A) by inserting ``and Yosemite National Park'' after 
     ``Zion National Park''; and
       (B) by inserting ``transportation systems and'' before 
     ``the establishment of''; and
       (2) by striking ``park'' each place it appears and 
     inserting ``parks''.

     SEC. 205. MANZANAR NATIONAL HISTORIC SITE ADVISORY 
                   COMMISSIONS.

       Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) 
     is amended by striking ``10 years after the date of enactment 
     of this title'' and inserting ``on December 31, 2012''.

    TITLE III--JOHN MUIR NATIONAL HISTORIC SITE BOUNDARY ADJUSTMENT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``John Muir National 
     Historic Site Boundary Adjustment Act''.

     SEC. 302. BOUNDARY ADJUSTMENT.

       (a) Boundary.--The boundary of the John Muir National 
     Historic Site is adjusted to include the lands generally 
     depicted on the map entitled ``Boundary Map, John Muir 
     National Historic Site'' numbered PWR-OL 426-80,044a and 
     dated August 2001.

[[Page 23185]]

       (b) Land Acquisition.--The Secretary of the Interior is 
     authorized to acquire the lands and interests in lands 
     identified as the ``Boundary Adjustment Area'' on the map 
     referred to in subsection (a) by donation, purchase with 
     donated or appropriated funds, exchange, or otherwise.
       (c) Administration.--The lands and interests in lands 
     described in subsection (b) shall be administered as part of 
     the John Muir National Historic Site established by the Act 
     of August 31, 1964 (78 Stat. 753; 16 U.S.C. 461 note).

  TITLE IV--SAN GABRIEL RIVER WATERSHEDS STUDY SEC. 401. SHORT TITLE.

       This title may be cited as the ``San Gabriel River 
     Watersheds Study Act of 2002''.

     SEC. 402. AUTHORIZATION OF STUDY.

       (a) In General.--The Secretary of the Interior (hereinafter 
     in this title referred to as the `Secretary', in consultation 
     with the Secretary of Agriculture and the Secretary of the 
     Army, shall conduct a comprehensive resource study of the 
     following areas:
       (1) The San Gabriel River and its tributaries north of and 
     including the city of Santa Fe Springs, and
       (2) The San Gabriel Mountains within the territory of the 
     San Gabriel and Lower Los Angeles Rivers and Mountains 
     Conservancy (as defined in section 32603(c)(1)(C) of the 
     State of California Public Resource Code).
       (b) Study Conduct and Completion.--(1) The Secretary shall 
     conduct a comprehensive evaluation of the area's natural and 
     recreational resources to make recommendations for the future 
     coordinated management, protection and enhancement of these 
     resources and an analysis of the cost of each option. In 
     addition, the study shall consider a system of greenways, 
     scenic roadways, river, and trail corridors linking 
     communities within the area.
       (2) The study shall be conducted in accordance with section 
     8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
       (c) Consultation With State and Local Governments.--In 
     conducting the study authorized by this section, the 
     Secretary shall consult with the San Gabriel and Lower Los 
     Angeles Rivers and Mountains Conservancy and other 
     appropriate State, county, and local government entities.
       (d) Considerations.--In conducting the study authorized by 
     this section, the Secretary shall consider regional flood 
     control and drainage needs and publicly owned infrastructure, 
     including, but not limited to, wastewater treatment 
     facilities.

     SEC. 403. REPORT.

       Not later than 3 years after funds are made available for 
     this title, 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 on the 
     findings, conclusions, and recommendations of the study.

TITLE V--GRAND TETON NATIONAL PARK LAND EXCHANGE SEC. 501. DEFINITIONS.

       As used in this title:
       (1) Federal lands.--The term ``Federal lands'' means public 
     lands as defined in section 103(e) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1702(e)).
       (2) Governor.--The term ``Governor'' means the Governor of 
     the State of Wyoming.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State lands.--The term ``State lands'' means lands and 
     interest in lands owned by the State of Wyoming within the 
     boundaries of Grand Teton National Park as identified on a 
     map titled ``Private, State & County Inholdings Grand Teton 
     National Park'', dated March 2001, and numbered GTNP/0001.

     SEC. 502. ACQUISITION OF STATE LANDS.

       (a) Authorization To Acquire Lands.--The Secretary is 
     authorized to acquire approximately 1,406 acres of State 
     lands within the exterior boundaries of Grand Teton National 
     Park, as generally depicted on the map referenced in section 
     101(4), by any one or a combination of the following--
       (1) donation;
       (2) purchase with donated or appropriated funds; or
       (3) exchange of Federal lands in the State of Wyoming that 
     are identified for disposal under approved land use plans in 
     effect on the date of enactment of this title under section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712) that are of equal value to the State lands 
     acquired in the exchange.
       (b) Identification of Lands for Exchange.--In the event 
     that the Secretary or the Governor determines that the 
     Federal lands eligible for exchange under subsection (a)(3) 
     are not sufficient or acceptable for the acquisition of all 
     the State lands identified in section 501(4), the Secretary 
     shall identify other Federal lands or interests therein in 
     the State of Wyoming for possible exchange and shall identify 
     such lands or interests together with their estimated value 
     in a report to the Committee on Energy and Natural Resources 
     of the United States Senate and the Committee on Resources of 
     the House of Representatives. Such lands or interests shall 
     not be available for exchange unless authorized by an Act of 
     Congress enacted after the date of submission of the report.

     SEC. 503. VALUATION OF STATE AND FEDERAL INTERESTS.

       (a) Agreement on Appraiser.--If the Secretary and the 
     Governor are unable to agree on the value of any Federal 
     lands eligible for exchange under section 502(a)(3) or State 
     lands, then the Secretary and the Governor may select a 
     qualified appraiser to conduct an appraisal of those lands. 
     The purchase or exchange under section 502(a) shall be 
     conducted based on the values determined by the appraisal.
       (b) No Agreement on Appraiser.--If the Secretary and the 
     Governor are unable to agree on the selection of a qualified 
     appraiser under subsection (a), then the Secretary and the 
     Governor shall each designate a qualified appraiser. The two 
     designated appraisers shall select a qualified third 
     appraiser to conduct the appraisal with the advice and 
     assistance of the two designated appraisers. The purchase or 
     exchange under section 502(a) shall be conducted based on the 
     values determined by the appraisal.
       (c) Appraisal Costs.--The Secretary and the State of 
     Wyoming shall each pay one-half of the appraisal costs under 
     subsections (a) and (b).

     SEC. 504. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE 
                   UNITED STATES.

       The State lands conveyed to the United States under section 
     502(a) shall become part of Grand Teton National Park. The 
     Secretary shall manage such lands under the Act of August 25, 
     1916 (commonly known as the `National Park Service Organic 
     Act') and other laws, rules, and regulations applicable to 
     Grand Teton National Park.

     SEC. 505. AUTHORIZATION FOR APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for the purposes of this title.

        TITLE VI--GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Galisteo Basin 
     Archaeological Sites Protection Act''.

     SEC. 602. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) the Galisteo Basin and surrounding area of New Mexico 
     is the location of many well preserved prehistoric and 
     historic archaeological resources of Native American and 
     Spanish colonial cultures;
       (2) these resources include the largest ruins of Pueblo 
     Indian settlements in the United
       States, spectacular examples of Native American rock art, 
     and ruins of Spanish colonial settlements; and (3) these 
     resources are being threatened by natural causes, urban 
     development, vandalism, and uncontrolled excavations.
       (b) Purpose.--The purpose of this title is to provide for 
     the preservation, protection, and interpretation of the 
     nationally significant archaeological resources in the 
     Galisteo Basin in New Mexico.

     SEC. 603. ESTABLISHMENT OF GALISTEO BASIN ARCHAEOLOGICAL 
                   PROTECTION SITES.

       (a) In General.--the following archaeological sites located 
     in the Galisteo Basin in the State of New Mexico, totaling 
     approximately 4,591 acres, are hereby designated as Galisteo 
     Basin Archaeological Protection Sites:


        Name                                                      Acres
Arroyo Hondo Pueblo..................................................21
Burnt Corn Pueblo...................................................110
Chamisa Locita Pueblo................................................16
Comanche Gap Petroglyphs............................................764
Espinoso Ridge Site.................................................160
La Cienega Pueblo & Petroglyphs.....................................126
La Cienega Pithouse Village.........................................179
La Cieneguilla Petroglyphs/Camino Real Site.........................531
La Cieneguilla Pueblo................................................11
Lamy Pueblo..........................................................30
Lamy Junction Site...................................................80
Las Huertas..........................................................44
Pa'ako Pueblo........................................................29
Petroglyph Hill.....................................................130
Pueblo Blanco.......................................................878
Pueblo Colorado.....................................................120
Pueblo Galisteo/Las Madres..........................................133
Pueblo Largo.........................................................60
Pueblo She..........................................................120
Rote Chert Quarry.....................................................5
San Cristobal Pueblo................................................520
San Lazaro Pueblo...................................................360
San Marcos Pueblo...................................................152
Upper Arroyo Hondo Pueblo............................................12
                                                               ________
                                                               
    Total Acreage.................................................4,591

       (b) Availability of Maps.--The archaeological protection 
     sites listed in subsection (b) are generally depicted on a 
     series of 19 maps entitled `Galisteo Basin Archaeological 
     Protection Sites' and dated July, 2002. The Secretary shall 
     keep the maps on file and available for public inspection in 
     appropriate offices in New Mexico of the Bureau of Land 
     Management and the National Park Service.
       (c) Boundary Adjustments.--The Secretary may make minor 
     boundary adjustments to the archaeological protection sites 
     by publishing notice thereof in the Federal Register.

     SEC. 604. ADDITIONAL SITES.

       (a) In General.--The Secretary of the Interior (in this 
     title referred to as the ``Secretary'') shall--
       (1) continue to search for additional Native American and 
     Spanish colonial sites in the Galisteo Basin area of New 
     Mexico; and

[[Page 23186]]

       (2) submit to Congress, within three years after the date 
     funds become available and thereafter as needed, 
     recommendations for additions to, deletions from, and 
     modifications of the boundaries of the list of archaeological 
     protection sites in section 3 of this title.
       (b) Additions Only by Statute.--Additions to or deletions 
     from the list in section 3 shall be made only by an Act of 
     Congress.

     SEC. 605. ADMINISTRATION.

       (a) In General.--
       (1) The Secretary shall administer archaeological 
     protection sites located on Federal land in accordance with 
     the provisions of this title, the Archaeological Resources 
     Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001 et seq.), and other applicable laws in a manner that 
     will protect, preserve, and maintain the archaeological 
     resources and provide for research thereon.
       (2) The Secretary shall have no authority to administer 
     archaeological protection sites which are on non-Federal 
     lands except to the extent provided for in a cooperative 
     agreement entered into between the Secretary and the 
     landowner.
       (3) Nothing in this title shall be construed to extend the 
     authorities of the Archaeological Resources Protection Act of 
     1979 or the Native American Graves Protection and 
     Repatriation Act to private lands which are designated as an 
     archaeological protection site.
       (b) Management Plan.--
       (1) In general.--Within three complete fiscal years after 
     the date funds are made available, the Secretary shall 
     prepare and transmit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives, a general 
     management plan for the identification, research, protection, 
     and public interpretation of--
       (A) the archaeological protection sites located on Federal 
     land; and
       (B) for sites on State or private lands for which the 
     Secretary has entered into cooperative agreements pursuant to 
     section 606 of this title.
       (2) Consultation.--The general management plan shall be 
     developed by the Secretary in consultation with the Governor 
     of New Mexico, the New Mexico State Land Commissioner, 
     affected Native American pueblos, and other interested 
     parties.

     SEC. 606. COOPERATIVE AGREEMENTS.

       The Secretary is authorized to enter into cooperative 
     agreements with owners of non-Federal lands with regard to an 
     archaeological protection site, or portion thereof, located 
     on their property. The purpose of such an agreement shall be 
     to enable the Secretary to assist with the protection, 
     preservation, maintenance, and administration of the 
     archaeological resources and associated lands. Where 
     appropriate, a cooperative agreement may also provide for 
     public interpretation of the site.

     SEC. 607. ACQUISITIONS.

       (a) In General.--The Secretary is authorized to acquire 
     lands and interests therein within the boundaries of the 
     archaeological protection sites, including access thereto, by 
     donation, by purchase with donated or appropriated funds, or 
     by exchange.
       (b) Consent of Owner Required.--The Secretary may only 
     acquire lands or interests therein with the consent of the 
     owner thereof.
       (c) State Lands.--The Secretary may acquire lands or 
     interests therein owned by the State of New Mexico or a 
     political subdivision thereof only by donation or exchange, 
     except that State trust lands may only be acquired by 
     exchange.

     SEC. 608. WITHDRAWAL.

       Subject to valid existing rights, all Federal lands within 
     the archaeological protection sites are hereby withdrawn--
       (1) from all forms of entry, appropriation, or disposal 
     under the public land laws and all amendments thereto;
       (2) from location, entry, and patent under the mining law 
     and all amendments thereto; and
       (3) from disposition under all laws relating to mineral and 
     geothermal leasing, and all amendments thereto.

     SEC. 609. SAVINGS PROVISIONS.

       Nothing in this title shall be construed--
       (1) to authorize the regulation of privately owned lands 
     within an area designated as an archaeological protection 
     site;
       (2) to modify, enlarge, or diminish any authority of 
     Federal, State, or local governments to regulate any use of 
     privately owned lands;
       (3) to modify, enlarge, or diminish any authority of 
     Federal, State, tribal, or local governments to manage or 
     regulate any use of land as provided for by law or 
     regulation; or
       (4) to restrict or limit a tribe from protecting cultural 
     or religious sites on tribal lands.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

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

          TITLE VII--KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Kaloko-Honokohau National 
     Historical Park Addition Title of 2002''.

     SEC. 702. ADDITIONS TO KALOKO-HONOKOHAU NATIONAL HISTORICAL 
                   PARK.

       Section 505(a) of Public Law 95-625 (16 U.S.C. 396d(a)) is 
     amended--
       (1) by striking ``(a) In order'' and inserting ``(a)(1) In 
     order'';
       (2) by striking ``1978,'' and all that follows and 
     inserting ``1978.''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The boundaries of the park are modified to include 
     lands and interests therein comprised of Parcels 1 and 2 
     totaling 2.14 acres, identified as `Trace A' on the map 
     entitled `Kaloko-Honokohau National Historical Park Proposed 
     Boundary Adjustment', numbered PWR (PISO) 466/82,043 and 
     dated April 2002.
       ``(3) The maps referred to in this subsection shall be on 
     file and available for public inspection in the appropriate 
     offices of the National Park Service.''.

     SEC. 703. AUTHORIZATIONS OF APPROPRIATIONS.

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

             TITLE VIII--MISCELLANEOUS TECHNICAL AMENDMENTS

     SEC. 801. LACKAWANNA VALLEY HERITAGE AREA.

       Section 106(a) of the Lackawanna Valley National Heritage 
     Area Act of 2000 (Public Law 106-278; 16 U.S.C. 461 note.) is 
     amended to read as follows:
       ``(a) Authorities of Management Entity.--For purposes of 
     preparing and implementing the management plan, the 
     management entity may--
       ``(1) make grants to, and enter into cooperative agreements 
     with, the State and political subdivisions of the State, 
     private organizations, or any person; and
       ``(2) hire and compensate staff.''.

     SEC. 802. HAWAIIAN SPELLING ERRORS.

       Section 5 of the Act entitled ``An Act to add certain lands 
     on the Island of Hawaii to the Hawaii National Park, and for 
     other purposes'', as added by Public Law 99-564 (100 Stat. 
     3179; 16 U.S.C. 392c) is amended by striking ``Hawaii 
     Volcanoes'' each place it appears and inserting ``Hawaii 
     Volcanoes''.

     SEC. 803. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL.

       Section 2 of Public Law 106-365 (114 Stat. 1409) is amended 
     by striking ``and expand contributions'' and inserting ``and 
     expend contributions''.

     SEC. 804. WILD AND SCENIC RIVERS AND NATIONAL TRAILS.

       (a) Wild and Scenic Rivers.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--
       (1) by redesignating the paragraph (162), pertaining to 
     White Clay Creek, Delaware and Pennsylvania, as paragraph 
     (163);
       (2) by designating the second paragraph (161), pertaining 
     to the Wekiva River, Wekiwa Springs Run, Rock Springs Run, 
     and Black Water Creek, Florida, as paragraph (162);
       (3) by designating the undesignated paragraph pertaining to 
     the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); 
     and
       (4) by redesignating the third paragraph (161), pertaining 
     to the Lower Delaware River and associated tributaries, New 
     Jersey and Pennsylvania, as paragraph (165).
       (b) National Trails.--Section 5(a) of the National Trails 
     System Act (16 U.S.C. 1244(a)) is amended by redesignating 
     the second paragraph (21), pertaining to the Ala Kahakai 
     National Historic Trail, and enacted by Public Law 106-509 as 
     paragraph (22).

     SEC. 805. JAMESTOWN 400TH COMMEMORATION COMMISSION.

       The Jamestown 400th Commemoration Commission Act of 2000 
     (Public Law 106-565; 114 Stat. 2812; 16 U.S.C. 81 note.) is 
     amended--
       (1) in section 2(a)(5), by striking ``State'';
       (2) in sections 2(b), 3(3), and 4(h), by striking ``State'' 
     and inserting ``Commonwealth'' each place it appears;
       (3) in section 3, by striking paragraph (5) and inserting 
     the following:
       ``(5) Commonwealth.--The term `Commonwealth' means the 
     Commonwealth of Virginia, including agencies and entities of 
     the Commonwealth.'' and
       (4) in section 4(b)(1), by striking ``16'' and inserting 
     ``15''.

     SEC. 806. ROSIE THE RIVETER--WORLD WAR II HOME FRONT NATIONAL 
                   HISTORICAL PARK.

       The Rosie the Riveter/World War II Home Front National 
     Historical Park Establishment Act of 2000 (Public Law 106-
     352; 114 Stat. 1371; 16 U.S.C 410ggg-1) is amended--
       (1) in section 2(a), by striking ``numbered 963/80000'' and 
     inserting ``numbered 963/80,000'';
       (2) in section 3(a)(1), by striking ``August 35'' and 
     inserting ``August 25''.
       (3) in section 3(b)(1), by striking ``the World War II 
     Child Development Centers, the World War II worker housing, 
     the Kaiser-Permanente Field Hospital, and Fire Station 67A,'' 
     and inserting ``the Child Development Field Centers (Ruth C. 
     Powers) (Maritime), Atchison Housing, the Kaiser-Permanente 
     Field Hospital, and Richmond Fire Station 67A,''; and

[[Page 23187]]

       (4) in section 3(e)(2), by striking ``the World War II day 
     care centers, the World War II worker housing, the Kaiser-
     Permanente Field Hospital, and Fire Station 67,'' and 
     inserting ``the Child Development Field Centers (Ruth C. 
     Powers) (Maritime), Atchison Housing, the Kaiser-Permanente 
     Field Hospital, and Richmond Fire Station 67A,''.

     SEC. 807. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS.

       The Vicksburg Campaign Trail Battlefields Preservation Act 
     of 2000 (Public Law 106-487; 114 Stat. 2202) is amended--
       (1) in section 2(a)(1), by striking ``and Tennessee'' and 
     inserting ``Tennessee, and Kentucky'';
       (2) in section 3(1), by striking ``and Tennessee,'' and 
     inserting ``Tennessee, and Kentucky,''; and
       (3) in section 3(2)--
       (A) by striking ``and'' at the end of subparagraph (R);
       (B) by redesignating subparagraph (S) as subparagraph (T); 
     and
       (C) by inserting a new subparagraph (S) as follows:
       ``(S) Fort Heiman in Calloway County, Kentucky, and 
     resources in and around Columbus in Hickman County, Kentucky; 
     and''.

     SEC. 808. HARRIET TUBMAN SPECIAL RESOURCE STUDY.

       Section 3(c) of the Harriet Tubman Special Resource Study 
     Act (Public Law 106-516; 114 Stat. 2405) is amended by 
     striking ``Public Law 91-383'' and all that follows through 
     ``3501)'' and inserting ``the National Park System General 
     Authorities Act (16 U.S.C. 1a-5)''.

     SEC. 809. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS.

       Employees of the foundations established by Acts of 
     Congress to solicit private sector funds on behalf of Federal 
     land management agencies shall qualify for General Service 
     Administration contract airfares.

     SEC. 810. POPULAR NAMES.

       (a) National Park Service Organic Act.--The Act of August 
     25, 1916 (16 U.S.C. 1 et seq.; popularly known as the 
     ``National Park Service Organic Act'' is amended by adding at 
     the end the following new section:
       ``Sec. 5. This Act may be cited as the `National Park 
     Service Organic Act'.''.
       (b) National Park System General Authorities Act.--Public 
     Law 91-383 (16 U.S.C. 1a-1 et seq.; popularly known as the 
     ``National Park System General Authorities Act'') is amended 
     by adding at the end the following new section:
       ``Sec. 14. This Act may be cited as the `National Park 
     System General Authorities Act.'''

     SEC. 811. PARK POLICE INDEMNIFICATION.

       Section 2(b) of the Act of November 6, 2000, (Public Law 
     106-437; 114 Stat. 1921) is amended by striking ``the Act'' 
     and inserting ``of the Act''.

     SEC. 812. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.

       Section 1029(c)(2)(B)(i) of division I of the Omnibus Parks 
     and Public Lands Management Act of 1996 (Public Law 104-333; 
     110 Stat. 4233) is amended by striking ``reference'' and 
     inserting ``referenced''.

     SEC. 813. NATIONAL HISTORIC PRESERVATION ACT.

       Section 5(a)(8) of the National Historic Preservation Act 
     Amendments of 2000 (P.L. 106-208; 114 Stat. 319) is amended 
     by striking ``section 110(1)'' and inserting ``section 
     110(l)''.

     SEC. 814. ADDITIONAL TECHNICAL AMENDMENTS TO THE NATIONAL 
                   TRAILS SYSTEM ACT.

       The National Trails System Act (16 U.S.C. 1241) is 
     amended--
       (1) in section 5(c)(19), by striking ``Kissimme'' and 
     inserting ``Kissimmee'';
       (2) in section 5(c)(40)(D) by striking ``later that'' and 
     inserting ``later than'';
       (3) in the first sentence of section 5(d) by striking 
     ``establishment.''; and
       (4) in section 10(c)(1) by striking ``The Ice Age'' and 
     inserting ``the Ice Age''.''.

    TITLE IX--GOLDEN CHAIN HIGHWAY NATIONAL HERITAGE CORRIDOR STUDY

     SEC. 401. GOLDEN CHAIN HIGHWAY STUDY.

       (a) Study.--Not later than 3 years after the date that 
     funds are made available for this section, the Secretary of 
     the Interior, in consultation with affected local 
     governments, the State of California, State and local 
     historic preservation offices, community organizations, and 
     the Golden Chain Council, shall complete a special resource 
     study of the national significance, suitability, and 
     feasibility of establishing Highway 49 in California, known 
     as the ``Golden Chain Highway'', as a National Heritage 
     Corridor.
       (b) Contents.--The study shall include an analysis of--
       (1) the significance of Highway 49 in American history;
       (2) options for preservation and use of the highway;
       (3) options for interpretation of significant features 
     associated with the highway; and
       (4) private sector preservation alternatives.
       (c) Boundaries of Study Area.--The area studied under this 
     section shall be comprised of Highway 49 in California 
     extending from the city of Oakhurst in Madera County to the 
     city of Tuttletown in Tuolumne County, and lands, structures, 
     and cultural resources within the immediate vicinity of the 
     highway.
       (d) Report.--Not later than 30 days after completion of the 
     study required by this section, the Secretary shall submit a 
     report describing the results of the study to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Resources of the House of Representatives.

       TITLE X--AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT

     SEC. 1001. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

       The Valles Caldera Preservation Act (16 U.S.C. 698v) is 
     amended--
       (1) in section 106(d)(1) by inserting after the first full 
     sentence the following--

     ``Employees of the Trust may be employed under contract or 
     employment agreement, the terms and conditions of which shall 
     be determined by the Trust in conformance with this 
     subsection.'';
       (2) in section 106(d)(2) by adding at the end the 
     following--
       ``(C) Return to competitive service.--Employees of the 
     Trust who have previous service in the competitive service 
     shall not be precluded from consideration for any position 
     open generally to other Federal employees. In considering an 
     employee of the Trust for a position within the competitive 
     service, the employing agency shall consider a position with 
     the Trust to be comparable to a similar position within the 
     competitive service as it relates to classification and 
     General Schedule pay rates.'';
       (3) by modifying section 108(g) to read as follows--
       ``(g) Law Enforcement and Fire Management.--
       ``(1) Law enforcement.--The Secretary shall provide law 
     enforcement services under a cooperative agreement with the 
     Trust to the extent generally authorized in other units of 
     the National Forest System. The Trust shall be deemed a 
     Federal agency for purposes of the law enforcement 
     authorities of the Secretary within the meaning of section 
     15008 of the National Forest System Drug Control Act of 1986 
     (16 U.S.C. 559(g).'';
       ``(2) Fire management.--The Secretary shall provide fire 
     suppression and rehabilitation services under a cooperative 
     agreement with the Trust to the extent generally authorized 
     on other units of the National Forest System. At the request 
     of the Trust, the Secretary may provide fire presuppression 
     services; except that the Trust shall reimburse the Secretary 
     for salaries and expenses of fire management personnel, 
     commensurate with services provided.''; and
       (4) by modifying section 107(e)(2) to read as follows
       ``(2) Compensation of trustees.--Trustees may receive, upon 
     request, compensation for each day (including travel time) 
     that they are engaged in the performance of functions of the 
     Board. Compensation shall not exceed the daily equivalent of 
     the annual rate in effect for members of the Senior Executive 
     Service at the ES-1 level, and shall be in addition to any 
     reimbursement for travel, subsistence and other necessary 
     expenses incurred by them in the performance of their duties. 
     Members of the Board who are officers or employees of the 
     United States shall not receive any additional compensation 
     by reason of service on the Board.''.

                TITLE XI--UTAH MUSEUM OF NATURAL HISTORY

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Utah Public Lands Artifact 
     Preservation Act''.

     SEC. 1102. FINDINGS.

       Congress finds that--
       (1) the collection of the Utah Museum of Natural History in 
     Salt Lake City, Utah, includes more than 1,000,000 
     archaeological, paleontological, zoological, geological, and 
     botanical artifacts;
       (2) the collection of items housed by the Museum contains 
     artifacts from land managed by--
       (A) the Bureau of Land Management;
       (B) the Bureau of Reclamation;
       (C) the National Park Service;
       (D) the United States Fish and Wildlife Service; and
       (E) the Forest Service;
       (3) more than 75 percent of the Museum's collection was 
     recovered from federally managed public land; and
       (4) the Museum has been designated by the legislature of 
     the State of Utah as the State museum of natural history.

     SEC. 1103. DEFINITIONS.

       In this title:
       (1) Museum.--The term ``Museum'' means the University of 
     Utah Museum of Natural History in Salt Lake City, Utah.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1104. ASSISTANCE FOR UNIVERSITY OF UTAH MUSEUM OF 
                   NATURAL HISTORY.

       (a) Assistance for Museum.--The Secretary shall make a 
     grant to the University of Utah in Salt Lake City, Utah, to 
     pay the Federal share of the costs of construction of a new 
     facility for the Museum, including the design, planning, 
     furnishing, and equipping of the Museum.
       (b) Grant Requirements.--

[[Page 23188]]

       (1) In general.--To receive a grant under subsection (b), 
     the Museum shall submit to the Secretary a proposal for the 
     use of the grant.
       (2) Federal share.--The Federal share of the costs 
     described in subsection (a) shall not exceed 25 percent.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000, to 
     remain available until expended.
                                 ______
                                 
  SA 4972. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 1894, to direct the Secretary of the Interior to conduct a 
special resource study to determine the national significance of the 
Miami Circle site in the State of Florida as well as the suitability 
and feasibility of its inclusion in the National Park System as part of 
Biscayne National Park, and for other purposes; as follows:

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

           TITLE I--MIAMI CIRCLE SITE SPECIAL RESOURCE STUDY

     SEC. 101. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the Tequesta Indians were one of the earliest groups to 
     establish permanent villages in southeast Florida;
       (2) the Tequestas had one of only two North American 
     civilizations that thrived and developed into a complex 
     social chiefdom without an agricultural base;
       (3) the Tequesta sites that remain preserved today are 
     rare;
       (4) the discovery of the Miami Circle, occupied by the 
     Tequesta approximately 2,000 years ago, presents a valuable 
     new opportunity to learn more about the Tequesta culture; and
       (5) Biscayne National Park also contains and protects 
     several prehistoric Tequesta sites.
       (b) Purpose.--The purpose of this title is to direct the 
     Secretary to conduct a special resource study to determine 
     the national significance of the Miami Circle site as well as 
     the suitability and feasibility of its inclusion in the 
     National Park System as part of Biscayne National Park.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Miami circle.--The term ``Miami Circle'' means the 
     Miami Circle archaeological site in Miami-Dade County, 
     Florida.
       (2) Park.--The term ``Park'' means Biscayne National Park 
     in the State of Florida.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 103. SPECIAL RESOURCE STUDY.

       (a) In General.--Not later than one year after the date 
     funds are made available, the Secretary shall conduct a 
     special resource study as described in subsection (b). In 
     conducting the study, the Secretary shall consult with the 
     appropriate American Indian tribes and other interested 
     groups and organizations.
       (b) Components.--In addition to a determination of national 
     significance, feasibility, and suitability, the special 
     resource study shall include the analysis and recommendations 
     of the Secretary with respect to--
       (1) which, if any, particular areas of or surrounding the 
     Miami Circle should be included in the Park;
       (2) whether any additional staff, facilities, or other 
     resources would be necessary to administer the Miami Circle 
     as a unit of the Park; and (3) any impact on the local area 
     that would result from the inclusion of Miami Circle in the 
     Park.
       (c) Report.--Not later than 30 days after completion of the 
     study, the Secretary shall submit a report describing the 
     findings and recommendations of the study to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Resources of the United States House of Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.

          TITLE II--MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENTS

     SEC. 201. BOUNDARY ADJUSTMENTS, MOUNT NEBO WILDERNESS, UTAH.

       (a) Lands Removed.--The boundary of the Mount Nebo 
     Wilderness is adjusted to exclude the following:
       (1) Monument springs.--The approximately 8.4 acres of land 
     depicted on the Map as ``Monument Springs''.
       (2) Gardner canyon.--The approximately 177.8 acres of land 
     depicted on the Map as ``Gardner Canyon''.
       (3) Birch creek.--The approximately 5.0 acres of land 
     depicted on the Map as ``Birch Creek''.
       (4) Ingram canyon.--The approximately 15.4 acres of land 
     depicted on the Map as ``Ingram Canyon''.
       (5) Willow north a.--The approximately 3.4 acres of land 
     depicted on the Map as ``Willow North A''.
       (6) Willow north b.--The approximately 6.6 acres of land 
     depicted on the Map as ``Willow North B''.
       (7) Willow south.--The approximately 21.5 acres of land 
     depicted on the Map as ``Willow South''.
       (8) Mendenhall canyon.--The approximately 9.8 acres of land 
     depicted on the Map as ``Mendenhall Canyon''.
       (9) Wash canyon.--The approximately 31.4 acres of land 
     depicted on the Map as ``Wash Canyon''.
       (b) Lands Added.--Subject to valid existing rights, the 
     boundary of the Mount Nebo Wilderness is adjusted to include 
     the approximately 293.2 acres of land depicted on the Map for 
     addition to the Mount Nebo Wilderness. The Utah Wilderness 
     Act of 1984 (Public Law 94-428) shall apply to the land added 
     to the Mount Nebo Wilderness pursuant to this subsection.

     SEC. 202. MAP.

       (a) Definition.--In this title, the term ``Map'' means the 
     map entitled ``Mt. Nebo Wilderness Boundary Adjustment'', 
     numbered 531, and dated May 29, 2001.
       (b) Map on File.--The Map and the final document entitled 
     ``Mount Nebo, Proposed Boundary Adjustments, Parcel 
     Descriptions (See Map #531)'' and dated June 4, 2001, shall 
     be on file and available for inspection in the office of the 
     Chief of the Forest Service, Department of Agriculture.
       (c) Corrections.--The Secretary of Agriculture may make 
     technical corrections to the Map.

     SEC. 203. TECHNICAL BOUNDARY ADJUSTMENT.

       The boundary of the Mount Nebo Wilderness is adjusted to 
     exclude the approximately 21.26 acres of private property 
     located in Andrews Canyon, Utah, and depicted on the Map as 
     ``Dale''.

    TITLE III--BAINBRIDGE ISLAND JAPANESE-AMERICAN MEMORIAL SPECIAL 
                             RESOURCE STUDY

     SEC. 301. FINDINGS.

       The Congress finds the following:
       (1) During World War II on February 19, 1942, President 
     Franklin Delano Roosevelt signed Executive Order 9066, 
     setting in motion the forced exile of more than 110,000 
     Japanese Americans.
       (2) In Washington State, 12,892 men, women and children of 
     Japanese ancestry experienced three years of incarceration, 
     an incarceration violating the most basic freedoms of 
     American citizens.
       (3) On March 30, 1942, 227 Bainbridge Island residents were 
     the first Japanese Americans in United States history to be 
     forcibly removed from their homes by the U.S. Army and sent 
     to internment camps. They boarded the ferry Kehloken from the 
     former Eagledale Ferry Dock, located at the end of Taylor 
     Avenue, in the city of Bainbridge Island, Washington State.
       (4) The city of Bainbridge Island has adopted a resolution 
     stating that this site should be a National Memorial, and 
     similar resolutions have been introduced in the Washington 
     State Legislature.
       (5) Both the Minidoka National Monument and Manzanar 
     National Historic Site can clearly tell the story of a time 
     in our Nation's history when constitutional rights were 
     ignored. These camps by design were placed in very remote 
     places and are not easily accessible. Bainbridge Island is a 
     short ferry ride from Seattle and the site would be within 
     easy reach of many more people.
       (6) This is a unique opportunity to create a site that will 
     honor those who suffered, cherish the friends and community 
     who stood beside them and welcomed them home, and inspire all 
     to stand firm in the event our Nation again succumbs to 
     similar fears.
       (7) The site should be recognized by the National Park 
     Service based on its high degree of national significance, 
     association with significant events, and integrity of its 
     location and setting. This site is critical as an anchor for 
     future efforts to identify, interpret, serve, and ultimately 
     honor the Nikkei- persons of Japanese ancestry-influence on 
     Bainbridge Island.

     SEC. 302. EAGLEDALE FERRY DOCK LOCATION AT TAYLOR AVENUE 
                   STUDY AND REPORT.

       (a) Study.--The Secretary of the Interior shall carry out a 
     special resource study regarding the national significance, 
     suitability, and feasibility of designating as a unit of the 
     National Park System the property commonly known as the 
     Eagledale Ferry Dock at Taylor Avenue and the historical 
     events associated with it, located in the town of Bainbridge 
     Island, Kitsap County, Washington.
       (b) Report.--Not later than three years after funds are 
     first made available for the study under subsection (a), the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report 
     describing the findings, conclusions, and recommendations of 
     the study.
       (c) Requirements for Study.--Except as otherwise provided 
     in this section, the study under subsection (a) shall be 
     conducted in accordance with section 8(c) of Public Law 91-
     383 (16 U.S.C. 1a-5(c)).

          TITLE IV--AMENDMENTS TO HAWAII HOMES COMMISSION ACT

     SEC. 401. CONSENT TO AMENDMENTS TO HAWAII HOMES COMMISSION 
                   ACT.

       In accordance with section 4 of Public Law 86-3 (73 Stat. 
     4), the United States consents to the following amendment to 
     the Hawaii Homes Commission Act, 1920:
       (1) Act 107 of the Session Laws of Hawaii.

[[Page 23189]]



           TITLE V--WIND CAVE NATIONAL PARK BOUNDARY REVISION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Wind Cave National Park 
     Boundary Revision Act of 2002''.

     SEC. 502. DEFINITIONS.

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

     SEC. 503. LAND ACQUISITION.

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

     SEC. 504. ADMINISTRATION.

       (a) In General.--The Secretary shall administer any land 
     acquired under section 503(a)(1) as part of the Park in 
     accordance with laws (including regulations) applicable to 
     the Park.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--The Secretary shall transfer from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service administrative jurisdiction over 
     the land described in paragraph (2).
       (2) Map and acreage.--The land referred to in paragraph (1) 
     consists of the approximately 80 acres of land identified on 
     the map as ``Bureau of Land Management land''.

     SEC. 505. GRAZING.

       (a) Grazing Permitted.--Subject to any permits or leases in 
     existence as of the date of acquisition, the Secretary may 
     permit the continuation of livestock grazing on land acquired 
     under section 503(a)(1).
       (b) Limitation.--Grazing under subsection (a) shall be at 
     not more than the level existing on the date on which the 
     land is acquired under section 503(a)(1).
       (c) Purchase of Permit or Lease.--The Secretary may 
     purchase the outstanding portion of a grazing permit or lease 
     on any land acquired under section 503(a)(1).
       (d) Termination of Leases or Permits.--The Secretary may 
     accept the voluntary termination of a permit or lease for 
     grazing on any acquired land.

     TITLE VI--GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL 
                  CONSERVATION AREA BOUNDARY REVISION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Black Canyon of the 
     Gunnison National Park and Gunnison Gorge National 
     Conservation Area Boundary Revision Act of 2002''.

     SEC. 602. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY 
                   REVISION.

       (a) Establishment.--Section 4(a) of the Black Canyon of the 
     Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (16 U.S.C. 410fff-2(a)) is 
     amended--
       (1) by striking ``There is hereby established'' and 
     inserting the following:
       ``(1) In General.--There is established''; and
       (2) by adding at the end the following:
       ``(2) Boundary Revision.--The boundary of the Park is 
     revised to include the addition of not more than 2,725 acres, 
     as depicted on the map entitled `Black Canyon of the Gunnison 
     National Park and Gunnison Gorge NCA Boundary Modifications' 
     and dated June 13, 2002.''.
       (b) Administration.--Section 4(b) of the Black Canyon of 
     the Gunnison National Park and Gunnison Gorge National 
     Conservation Area Act of 1999 (16 U.S.C. 410fff-2(b)) is 
     amended--
       (1) by striking ``Upon'' and inserting the following:
       ``(1) Land transfer.--
       ``(A) In general.--On''; and
       (2) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(B) Additional land.--On the date of enactment of the 
     Black Canyon of the Gunnison National Park and Gunnison Gorge 
     National Conservation Area Boundary Revision Act of 2002, the 
     Secretary shall transfer the land under the jurisdiction of 
     the Bureau of Land Management identified as `Tract C' on the 
     map described in subsection (a)(2) to the administrative 
     jurisdiction of the National Park Service for inclusion in 
     the Park.
       ``(2) Authority.--The Secretary shall''.

     SEC. 603. GRAZING PRIVILEGES AT BLACK CANYON OF THE GUNNISON 
                   NATIONAL PARK.

       Section 4(e) of the Black Canyon of the Gunnison National 
     Park and Gunnison Gorge National Conservation Area Act of 
     1999 (16 U.S.C. 410fff-2(e)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) Transfer.--If land authorized for grazing under 
     subparagraph (A) is exchanged for private land under this 
     Act, the Secretary shall transfer any grazing privileges to 
     the private land acquired in the exchange in accordance with 
     this section.''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (D);
       (C) by inserting after subparagraph (A) the following:
       ``(B) with respect to the permit or lease issued to 
     LeValley Ranch Ltd., a partnership, for the lifetime of the 2 
     limited partners as of October 21, 1999;
       ``(C) with respect to the permit or lease issued to Sanburg 
     Herefords, L.L.P., a partnership, for the lifetime of the 2 
     general partners as of October 21, 1999; and''; and
       (D) in subparagraph (D) (as redesignated by subparagraph 
     (B))--
       (i) by striking ``partnership, corporation, or'' in each 
     place it appears and inserting ``corporation or''; and
       (ii) by striking ``subparagraph (A)'' and inserting 
     ``subparagraphs (A), (B), or (C)''.

     SEC. 604. ACQUISITION OF LAND.

       (a) Authority to Acquire Land.--Section 5(a)(1) of the 
     Black Canyon of the Gunnison National Park and Gunnison Gorge 
     National Conservation Area Act of 1999 (16 U.S.C. 410fff-
     3(a)(1)) is amended by inserting ``or the map described in 
     section 4(a)(2)'' after ``the Map''.
       (b) Method of Acquisition.-- 
       (1) In general.--Land or interest in land acquired under 
     the amendments made by this title shall be made in accordance 
     with section 5(a)(2)(A) of the Black Canyon of the Gunnison 
     National Park and Gunnison Gorge National Conservation Area 
     Act of 1999 (16 U.S.C. 410fff-3(a)(2)(A)).
       (2) Consent.--No land or interest in land may be acquired 
     without the consent of the landowner.

     SEC. 605. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY 
                   REVISION.

       Section 7(a) of the Black Canyon of the Gunnison National 
     Park and Gunnison Gorge National Conservation Area Act of 
     1999 (16 U.S.C. 410fff-5(a)) is amended--
       (1) by striking ``(a) In General.--There is established'' 
     and inserting the following:
       ``(a) Establishment.-- 
       ``(1) In general.--There is established''; and
       (2) by adding at the end the following:
       ``(2) Boundary revision.--The boundary of the Conservation 
     Area is revised to include the addition of not more than 
     7,100 acres, as depicted on the map entitled `Black Canyon of 
     the Gunnison National Park and Gunnison Gorge NCA Boundary 
     Modifications' and dated June 13, 2002.''.

             TITLE VII--FRENCH COLONIAL NATIONAL PARK STUDY

     SEC. 701. STUDY.

       Not later than 3 years after the date of which funds are 
     made available to carry out this title, the Secretary of the 
     Interior shall, in consultation with the State of Missouri, 
     complete a study on the suitability and feasibility of 
     designating the French Colonial Historic District, including 
     the Bequette-Ribault, St. Gemme-Amoureaux, and Wilhauk homes 
     and the related and supporting historical assets in Ste. 
     Genevieve County, Missouri, as a unit of the National Park 
     System, and submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Resources of the 
     House of Representatives a report describing the findings of 
     the study.

     SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE VIII--COLTSVILLE NATIONAL PARK STUDY

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Coltsville Study Act of 
     2002''.

     SEC. 802. FINDINGS.

       Congress finds that--
       (1) Hartford, Connecticut, home to Colt Manufacturing 
     Company (referred to in this title as ``Colt''), played a 
     major role in the Industrial Revolution;
       (2) Samuel Colt, founder of Colt, and his wife, Elizabeth 
     Colt, inspired Coltsville, a community in the State of 
     Connecticut that flourished during the Industrial Revolution 
     and included Victorian mansions, an open green area, 
     botanical gardens, and a deer park;
       (3) the residence of Samuel and Elizabeth Colt in Hartford, 
     Connecticut, known as ``Armsmear'', is a national historic 
     landmark, and the distinctive Colt factory is a prominent 
     feature of the Hartford, Connecticut, skyline;

[[Page 23190]]

       (4) the Colt legacy is not only about firearms, but also 
     about industrial innovation and the development of technology 
     that would change the way of life in the United States, 
     including--
       (A) the development of telegraph technology; and
       (B) advancements in jet engine technology by Francis Pratt 
     and Amos Whitney, who served as apprentices at Colt;
       (5) the influence of Colt extended beyond the United States 
     when Samuel Colt was the first resident of the United States 
     to open a manufacturing plant overseas;
       (6) Coltsville--
       (A) set the standard for excellence during the Industrial 
     Revolution; and (B) continues to prove significant--
       (i) as a place in which people of the United States can 
     learn about that important period in history; and
       (ii) by reason of the close proximity of Coltsville to the 
     Mark Twain House, Trinity College, Old North Cemetery, and 
     many historic homesteads and architecturally renowned 
     buildings;
       (7) in 1998, the National Park Service conducted a special 
     resource reconnaissance study of the Connecticut River Valley 
     to evaluate the significance of precision manufacturing 
     sites; and
       (8) the report on the study stated that--
       (A) no other region of the United States contains an equal 
     concentration of resources relating to the precision 
     manufacturing theme that began with firearms production;
       (B) properties relating to precision manufacturing 
     encompass more than merely factories; and
       (C) further study, which should be undertaken, may 
     recommend inclusion of churches and other social 
     institutions.

     SEC. 803. STUDY.

       (a) In General.--Not later than three years after the date 
     on which funds are made available to carry out this title, 
     the Secretary of the Interior (referred to in this title as 
     the ``Secretary'') shall complete a study of the site in the 
     State of Connecticut commonly known as ``Coltsville'' to 
     evaluate--
       (1) the national significance of the site and surrounding 
     area;
       (2) the suitability and feasibility of designating the site 
     and surrounding area as a unit of the National Park System; 
     and
       (3) the importance of the site to the history of precision 
     manufacturing.
       (b) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with Public Law 91-383 
     (16 U.S.C. 1a-1 et seq.).

     SEC. 804. REPORT.

       Not later than 30 days after the date on which the study 
     under section 803(a) is completed, the Secretary shall submit 
     to the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate a report that describes--
       (1) the findings of the study; and
       (2) any conclusions and recommendations of the Secretary.

     SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE IX--BEAUFORT NATIONAL PARK STUDY

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Beaufort, South Carolina 
     Study Act of 2002''.

     SEC. 902. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means the area 
     comprised of historical sites in Beaufort County, South 
     Carolina, relating to the Reconstruction Era, and includes 
     the following sites--
       (A) the Penn School;
       (B) the Old Fort Plantation on the Beaufort River;
       (C) the Freedmen's Bureau in Beaufort College;
       (D) the First Freedmen's Village of Mitchellville on Hilton 
     Head Island;
       (E) various historic buildings and archaeological sites 
     associated with Robert Smalls;
       (F) the Beaufort Arsenal; and
       (G) other significant sites relating to the Reconstruction 
     Era.

     SEC. 903. SPECIAL RESOURCE STUDY.

       (a) In General.--The Secretary shall conduct a special 
     resource study to determine whether the study area or 
     individual sites within it are suitable and feasible for 
     inclusion in the National Park System.
       (b) Applicable Law.--The study required under subsection 
     (a) shall be conducted 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 for the study under subsection (a), 
     the Secretary shall submit the study to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Resources of the House of Representatives.

     SEC. 904. THEME STUDY.

       (a) In General.--The Secretary shall conduct a National 
     Historic Landmark theme study to identify sites and resources 
     throughout the United States that are significant to the 
     Reconstruction Era.
       (b) Contents.--The theme study shall include 
     recommendations for commemorating and interpreting sites and 
     resources identified by the theme study, including sites for 
     which new national historic landmarks should be nominated, 
     and sites for which further study for potential inclusion in 
     the National Park System is needed.
       (c) Report.--Not later than 3 years after the date on which 
     funds are made available for the study under subsection (a), 
     the Secretary 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 
     findings, conclusions, and recommendations of the study.

     SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

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

                     TITLE X--COLD WAR SITES STUDY

     SEC. 1001. COLD WAR STUDY.

       (a) Subject of Study.--The Secretary of the Interior, in 
     consultation with the Secretary of Defense, State historic 
     preservation offices, State and local officials, Cold War 
     scholars, and other interested organizations and individuals, 
     shall conduct a National Historic Landmark theme study to 
     identify sites and resources in the United States that are 
     significant to the Cold War. In conducting the study, the 
     Secretary of the Interior shall--
       (1) consider the inventory of sites and resources 
     associated with the Cold War completed by the Secretary of 
     Defense pursuant to section 8120(b)(9) of the Department of 
     Defense Appropriations Act, 1991 (Public Law 101-511; 104 
     Stat. 1906);
       (2) consider historical studies and research of Cold War 
     sites and resources such as intercontinental ballistic 
     missiles, nuclear weapons sites (such as the Nevada test 
     site), flight training centers, manufacturing facilities, 
     communications and command centers (such as Cheyenne 
     Mountain, Colorado), defensive radar networks (such as the 
     Distant Early Warning Line), and strategic and tactical 
     aircraft; and
       (3) inventory and consider nonmilitary sites and resources 
     associated with the people, events, and social aspects of the 
     Cold War.
       (b) Contents.--The study shall include--
       (1) recommendations for commemorating and interpreting 
     sites and resources identified by the study, including--
       (A) sites for which studies for potential inclusion in the 
     National Park System should be authorized;
       (B) sites for which new national historic landmarks should 
     be nominated; and
       (C) recommendations on the suitability and feasibility of 
     establishing a central repository for Cold War artifacts and 
     information; and
       (D) other appropriate designations;
       (2) recommendations for cooperative arrangements with State 
     and local governments, local historical organizations, and 
     other entities; and
       (3) cost estimates for carrying out each of those 
     recommendations.

                 (c) Guidelines.--The study shall be--

       (1) conducted with public involvement; and
       (2) submitted to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate no later than 3 years after the date 
     that funds are made available for the study.

     SEC. 1002. INTERPRETIVE HANDBOOK ON THE COLD WAR.

       Not later than 4 years after funds are made available for 
     that purpose, the Secretary of the Interior shall prepare and 
     publish an interpretive handbook on the Cold War and shall 
     disseminate information gathered through the study through 
     appropriate means in addition to the handbook.

     SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $300,000 to carry 
     out this title.

               TITLE XI--PEOPLING OF AMERICA THEME STUDY

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Peopling of America Theme 
     Study Act''.

     SEC. 1102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) an important facet of the history of the United States 
     is the story of how the United States was populated;
       (2) the migration, immigration, and settlement of the 
     population of the United States--
       (A) is broadly termed the ``peopling of America''; and
       (B) is characterized by--
       (i) the movement of groups of people across external and 
     internal boundaries of the United States and territories of 
     the United States; and
       (ii) the interactions of those groups with each other and 
     with other populations;
       (3) each of those groups has made unique, important 
     contributions to American history, culture, art, and life;
       (4) the spiritual, intellectual, cultural, political, and 
     economic vitality of the United States is a result of the 
     pluralism and diversity of the American population;
       (5) the success of the United States in embracing and 
     accommodating diversity has

[[Page 23191]]

     strengthened the national fabric and unified the United 
     States in its values, institutions, experiences, goals, and 
     accomplishments;
       (6)(A) the National Park Service's official thematic 
     framework, revised in 1996, responds to the requirement of 
     section 1209 of the Civil War Sites Study Act of 1990 (16 
     U.S.C. 1a-5 note; title XII of Public Law 101-628), that 
     ``the Secretary shall ensure that the full diversity of 
     American history and prehistory are represented'' in the 
     identification and interpretation of historic properties by 
     the National Park Service; and
       (B) the thematic framework recognizes that ``people are the 
     primary agents of change'' and establishes the theme of human 
     population movement and change--or ``peopling places''--as a 
     primary thematic category for interpretation and 
     preservation; and
       (7) although there are approximately 70,000 listings on the 
     National Register of Historic Places, sites associated with 
     the exploration and settlement of the United States by a 
     broad range of cultures are not well represented.
       (b) Purposes.--The purposes of this title are--
       (1) to foster a much-needed understanding of the diversity 
     and contribution of the breadth of groups who have peopled 
     the United States; and
       (2) to strengthen the ability of the National Park Service 
     to include groups and events otherwise not recognized in the 
     peopling of the United States.

     SEC. 1103. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study required under section 
     1104.
       (3) Peopling of america.--The term ``peopling of America'' 
     means the migration, immigration, and settlement of the 
     population of the United States.

     SEC. 1104. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE 
                   PEOPLING OF AMERICA.

       (a) Theme Study Required.--The Secretary shall prepare and 
     submit to Congress a national historic landmark theme study 
     on the peopling of America.
       (b) Purpose.--The purpose of the theme study shall be to 
     identify regions, areas, trails, districts, communities, 
     sites, buildings, structures, objects, organizations, 
     societies, and cultures that--
       (1) best illustrate and commemorate key events or decisions 
     affecting the peopling of America; and
       (2) can provide a basis for the preservation and 
     interpretation of the peopling of America that has shaped the 
     culture and society of the United States.
       (c) Identification and Designation of Potential New 
     National Historic Landmarks.--
       (1) In general.--The theme study shall identify and 
     recommend for designation new national historic landmarks.
       (2) List of appropriate sites.--The theme study shall--
       (A) include a list, in order of importance or merit, of the 
     most appropriate sites for national historic landmark 
     designation; and
       (B) encourage the nomination of other properties to the 
     National Register of Historic Places.
       (3) Designation.--On the basis of the theme study, the 
     Secretary shall designate new national historic landmarks.
       (d) National Park System.--
       (1) Identification of sites within current units.--The 
     theme study shall identify appropriate sites within units of 
     the National Park System at which the peopling of America may 
     be interpreted.
       (2) Identification of new sites.--On the basis of the theme 
     study, the Secretary shall recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (e) Continuing Authority.--After the date of submission to 
     Congress of the theme study, the Secretary shall, on a 
     continuing basis, as appropriate to interpret the peopling of 
     America--
       (1) evaluate, identify, and designate new national historic 
     landmarks; and
       (2) evaluate, identify, and recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (f) Public Education and Research.--
       (1) Linkages.--
       (A) Establishment.--On the basis of the theme study, the 
     Secretary may identify appropriate means for establishing 
     linkages--
       (i) between--
       (I) regions, areas, trails, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsections (b) and (d); and
       (II) groups of people; and
       (ii) between--
       (I) regions, areas, trails, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsection (b); and
       (II) units of the National Park System identified under 
     subsection (d).
       (B) Purpose.--The purpose of the linkages shall be to 
     maximize opportunities for public education and scholarly 
     research on the peopling of America.
       (2) Cooperative arrangements.--On the basis of the theme 
     study, the Secretary shall, subject to the availability of 
     funds, enter into cooperative arrangements with State and 
     local governments, educational institutions, local historical 
     organizations, communities, and other appropriate entities to 
     preserve and interpret key sites in the peopling of America.
       (3) Educational initiatives.--
       (A) In general.--The documentation in the theme study shall 
     be used for broad educational initiatives such as--
       (i) popular publications;
       (ii) curriculum material such as the Teaching with Historic 
     Places program;
       (iii) heritage tourism products such as the National 
     Register of Historic Places Travel Itineraries program; and
       (iv) oral history and ethnographic programs.
       (B) Cooperative programs.--On the basis of the theme study, 
     the Secretary shall implement cooperative programs to 
     encourage the preservation and interpretation of the peopling 
     of America.

     SEC. 1105. COOPERATIVE AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     educational institutions, professional associations, or other 
     entities knowledgeable about the peopling of America--
       (1) to prepare the theme study;
       (2) to ensure that the theme study is prepared in 
     accordance with generally accepted scholarly standards; and
       (3) to promote cooperative arrangements and programs 
     relating to the peopling of America.

     SEC. 1106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.
                                 ______
                                 
  SA 4973. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 980, an act to establish the Moccasin Bend National 
Archeological District in the State of Tennessee as a unit of 
Chickamauga and Chattanooga National Park; as follows:

       Strike all after the enacting clause and insert the 
     following:

         TITLE I--MOCCASIN BEND NATIONAL ARCHEOLOGICAL DISTRICT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Moccasin Bend National 
     Archeological District Act''.

     SEC. 102. DEFINITIONS.

       As used in this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Archeological district.--The term ``archeological 
     district'' means the Moccasin Bend National Archeological 
     District.
       (3) State.--The term ``State'' means the State of 
     Tennessee.
       (4) Map.--The term ``Map'' means the map entitled 
     ``Boundary Map, Moccasin Bend National Archeological 
     District'', numbered 301/80098, and dated September 2002.

     SEC. 103. ESTABLISHMENT.

       (a) In General.--In order to preserve, protect, and 
     interpret for the benefit of the public the nationally 
     significant archeological and historic resources located on 
     the peninsula known as Moccasin Bend, Tennessee, there is 
     established as a unit of Chickamauga and Chattanooga National 
     Military Park, the Moccasin Bend National Archeological 
     District.
       (b) Boundaries.--The archeological district shall consist 
     of approximately 780 acres generally depicted on the Map. The 
     Map shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service, 
     Department of the Interior.
       (c) Acquisition of Land and Interests in Land.--
       (1) In general.--The Secretary may acquire by donation, 
     purchase from willing sellers using donated or appropriated 
     funds, or exchange, lands and interests in lands within the 
     exterior boundary of the archeological district. The 
     Secretary may acquire the State, county and city-owned land 
     and interests in land for inclusion in the archeological 
     district only by donation.
       (2) Easement outside boundary.--To allow access between 
     areas of the archeological district that on the date of 
     enactment of this title are noncontiguous, the Secretary may 
     acquire by donation or purchase from willing owners using 
     donated or appropriated funds, or exchange, easements 
     connecting the areas generally depicted on the Map.

     SEC. 104. ADMINISTRATION.

       (a) In General.--The archeological district shall be 
     administered by the Secretary in accordance with this title, 
     with laws applicable to Chickamauga and Chattanooga National 
     Military Park, and with the laws generally applicable to 
     units of the National Park System.
       (b) Cooperative Agreement.--The Secretary may consult and 
     enter into cooperative agreements with culturally affiliated 
     federally recognized Indian tribes, governmental entities, 
     and interested persons to provide for the restoration, 
     preservation, development, interpretation, and use of the 
     archeological district.
       (c) Visitor Interpretive Center.--For purposes of 
     interpreting the historical themes and cultural resources of 
     the archeological district, the Secretary may establish

[[Page 23192]]

     and administer a visitor center in the archeological 
     district.
       (d) General Management Plan.--Not later than three years 
     after funds are made available for this purpose, the 
     Secretary shall develop a general management plan for the 
     archeological district. The general management plan shall 
     describe the appropriate protection and preservation of 
     natural, cultural, and scenic resources, visitor use, and 
     facility development within the archeological district 
     consistent with the purposes of this title, while ensuring 
     continued access to private landowners to their property.

     SEC. 105. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.

       The Act of August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4), 
     is repealed.

          TITLE II--FORT BAYARD NATIONAL HISTORIC LANDMARK ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Fort Bayard National 
     Historic Landmark Act''.

     SEC. 202. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) Fort Bayard, located in southwest New Mexico, was an 
     Army post from 1866 until 1899, and served an important role 
     in the settlement of New Mexico;
       (2) among the troops stationed at the fort were several 
     `Buffalo Soldier' units who fought in the Apache Wars;
       (3) following its closure as a military post, Fort Bayard 
     was established by the War Department as general hospital for 
     use as a military sanatorium;
       (4) in 1965 the State of New Mexico assumed management of 
     the site and currently operates the Fort Bayard State 
     Hospital;
       (5) the Fort Bayard historic site has been listed on the 
     National Register of Historic Places in recognition of the 
     national significance of its history, both as a military fort 
     and as an historic medical facility.

     SEC. 203. FORT BAYARD NATIONAL HISTORIC LANDMARK.

       (a) Designation.--The Fort Bayard Historic District in 
     Grant County, New Mexico, as listed on the National Register 
     of Historic Places, is hereby designated as the Fort Bayard 
     National Historic Landmark.
       (b) Administration.--
       (1) Consistent with the Department of the Interior's 
     regulations concerning National Historic Landmarks (36 CFR 
     Part 65), designation of the Fort Bayard Historic District as 
     a National Historic Landmark shall not prohibit under Federal 
     law or regulations any actions which may otherwise be taken 
     by the property owner with respect to the property.
       (2) Nothing in this title shall affect the administration 
     of the Fort Bayard Historic District by the State of New 
     Mexico.

     SEC. 204. COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary, in consultation with the 
     State of New Mexico, may enter into cooperative agreements 
     with appropriate public or private entities, for the purposes 
     of protecting historic resources at Fort Bayard and providing 
     educational and interpretive facilities and programs for the 
     public. The Secretary shall not enter into any agreement or 
     provide assistance to any activity affecting Fort Bayard 
     State Hospital without the concurrence of the State of New 
     Mexico.
       (b) Technical and Financial Assistance.--The Secretary may 
     provide technical and financial assistance with any entity 
     with which the Secretary has entered into a cooperative 
     agreement under subsection (a) in furtherance of the 
     agreement.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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

          TITLE III--VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Virgin River Dinosaur 
     Footprint Preserve Act''.

     SEC. 302. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.

       (a) Authorization for Grant To Purchase Preserve.--Of the 
     funds appropriated in the section entitled ``Land 
     Acquisition'' of the Fiscal Year 2002 Interior and Related 
     Agencies Appropriations Act, Public Law 107-63, the Secretary 
     of the Interior shall grant $500,000 to the City for--
       (1) the purchase of up to 10 acres of land within the area 
     generally depicted as the ``Preserve Acquisition Area'' on 
     the map entitled ``Map B'' and dated May 9, 2002; and
       (2) the preservation of such land and paleontological 
     resources.
       (b) Conditions of Grant.--The grant under subsection (a) 
     shall be made only after the City agrees to the following 
     conditions:
       (1) Use of land.--The City shall use the Virgin River 
     Dinosaur Footprint Preserve in a manner that accomplishes the 
     following:
       (A) Preserves and protects the paleontological resources 
     located within the exterior boundaries of the Virgin River 
     Dinosaur Footprint Preserve.
       (B) Provides opportunities for scientific research in a 
     manner compatible with subparagraph (A).
       (C) Provides the public with opportunities for educational 
     activities in a manner compatible with subparagraph (A).
       (2) Reverter.--If at any time after the City acquires the 
     Virgin River Dinosaur Footprint Preserve, the Secretary 
     determines that the City is not substantially in compliance 
     with the conditions described in paragraph (1), all right, 
     title, and interest in and to the Virgin River Dinosaur 
     Footprint Preserve shall immediately revert to the United 
     States, with no further consideration on the part of the 
     United States, and such property shall then be under the 
     administrative jurisdiction of the Secretary of the Interior.
       (3) Conditions to be contained in deed.--If the City 
     attempts to transfer title to the Virgin River Dinosaur 
     Footprint Preserve (in whole or in part), the conditions set 
     forth in this subsection shall transfer with such title and 
     shall be enforceable against any subsequent owner of the 
     Virgin River Dinosaur Footprint Preserve (in whole or in 
     part).
       (c) Cooperative Agreement and Assistance.--
       (1) Assistance.--The Secretary may provide to the City--
       (A) financial assistance, if the Secretary determines that 
     such assistance is necessary for protection of the 
     paleontological resources located within the exterior 
     boundaries of the Virgin River Dinosaur Footprint Preserve; 
     and
       (B) technical assistance to assist the City in complying 
     with subparagraphs (A) through (C) of subsection (b)(1).
       (2) Additional grants.--
       (A) In general.--In addition to funds made available under 
     subsection (a) and paragraph (2) of this subsection, the 
     Secretary may provide grants to the City to carry out its 
     duties under the cooperative agreement entered into under 
     paragraph (1).
       (B) Limitation on amount; required non-gederal match.--
     Grants under subparagraph (A) shall not exceed $500,000 and 
     shall be provided only to the extent that the City matches 
     the amount of such grants with non-Federal contributions 
     (including in-kind contributions).
       (d) Map on File.--The map shall be on file and available 
     for public inspection in the appropriate offices of the 
     Department of the Interior.
       (e) Definitions.--For the purposes of this section, the 
     following definitions apply:
       (1) City.--The term ``City'' means the city of St. George, 
     Utah.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Virgin river dinosaur footprint preserve.--The term 
     ``Virgin River Dinosaur Footprint Preserve'' means the 
     property (and all facilities and other appurtenances thereon) 
     described in subsection (a).

        TITLE IV--ARCHEOLOGICAL AND CULTURAL HERITAGE PROTECTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Enhanced Protection of Our 
     Cultural Heritage Act of 2002''.

     SEC. 402. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

       (a) Enhanced Penalty for Archaeological Resources.--Section 
     6(d) of the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470ee(d)) is amended by striking ``not more than 
     10,000'' and all that follows through the end of the 
     subsection and inserting ``in accordance with title 18, 
     United States Code, or imprisoned not more than ten years or 
     both; but if the sum of the commercial and archaeological 
     value of the archaeological 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 one year, or 
     both.''.
       (b) Enhanced Penalty for Embezzlement and Theft From Indian 
     Tribal Organizations.--Section 1163 of title 18, United 
     States Code, is amended by striking ``five years'' and 
     inserting ``10 years''.
       (c) Enhanced Penalty for Illegal Trafficking in Native 
     American Human Remains and Cultural Items.--Section 1170 of 
     title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``or imprisoned not more 
     than 12 months, or both, and in the case of second or 
     subsequent violation, be fined in accordance with this title, 
     or imprisoned not more than 5 years'' and inserting 
     ``imprisoned not more than 10 years''; and
       (2) in subsection (b), by striking ``imprisoned not more 
     than one year'' and all that follows through the end of the 
     subsection and inserting ``imprisoned not more than 10 years, 
     or both; but if the sum of the commercial and archaeological 
     value of the cultural items involved and the cost of 
     restoration and repair of such items does not exceed $500, 
     such person shall be fined in accordance with this title, 
     imprisoned not more than one year, or both.''.

          TITLE V--PALEONTOLOGICAL RESOURCES PRESERVATION ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Paleontological Resources 
     Preservation Act''.

     SEC. 502. FINDINGS.

       The Congress finds the following:
       (1) Paleontological resources are nonrenewable. Such 
     resources on Federal lands are an accessible and 
     irreplaceable part of the heritage of the United States and 
     offer significant educational opportunities to all citizens.

[[Page 23193]]

       (2) Existing Federal laws, statutes, and other provisions 
     that manage paleontological resources are not articulated in 
     a unified national policy for Federal land management 
     agencies and the public. Such a policy is needed to improve 
     scientific understanding, to promote responsible stewardship, 
     and to facilitate the enhancement of responsible 
     paleontological collecting activities on Federal lands.
       (3) Consistent with the statutory provisions applicable to 
     each Federal land management system, reasonable access to 
     paleontological resources on Federal lands should be provided 
     for scientific, educational, and recreational purposes.

     SEC. 503. PURPOSE.

       The purpose of this title is to establish a comprehensive 
     national policy for preserving and managing paleontological 
     resources on Federal lands.

     SEC. 504. DEFINITIONS.

       As used in this title:
       (1) Casual collecting.--The term ``casual collecting'' 
     means the collecting of a reasonable amount of common 
     invertebrate and plant paleontological resources for 
     personal, scientific, educational or recreational use, either 
     by surface collection or using non-powered hand tools 
     resulting in only negligible disturbance to the Earth's 
     surface and other resources.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior with respect to lands administered by the 
     Secretary of the Interior or the Secretary of Agriculture 
     with respect to National Forest System Lands administered by 
     the Secretary of Agriculture.
       (3) Federal lands.--The term ``Federal lands'' means lands 
     administered by the Secretary of the Interior, except Indian 
     lands, or National Forest System Lands administered by the 
     Secretary of Agriculture.
       (4) Indian lands.--The term ``Indian Lands'' means lands 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.
       (5) State.--The term ``State'' means the fifty States, the 
     District of Columbia, the Commonwealth of Puerto Rico, and 
     any other territory or possession of the United States.
       (6) 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 Rehabilitation Act (25 
     U.S.C. 3001)).

     SEC. 505. MANAGEMENT.

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

     SEC. 506. PUBLIC AWARENESS AND EDUCATION PROGRAM.

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

     SEC. 507. COLLECTION OF PALEONTOLOGICAL RESOURCES.

       (a) Permit Requirement.--
       (1) In general.--Except as provided in this title, a 
     paleontological resource may not be collected from Federal 
     lands without a permit issued under this Title by the 
     Secretary.
       (2) Casual collecting exception.--The Secretary may allow 
     casual collecting without a permit on Federal lands 
     administered by the Bureau of Land Management, the Bureau of 
     Reclamation, and the U.S. Forest Service, where such 
     collection is not inconsistent with the laws governing the 
     management of those Federal lands and this title.
       (3) Previous permit exception.--Nothing in this section 
     shall affect a valid permit issued prior to the date of 
     enactment of this title.
       (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 lands 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 title. Every 
     permit shall include requirements that--
       (1) the paleontological resource that is collected from 
     Federal lands 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 509 or 
     is assessed a civil penalty under section 510 of this title.
       (e) Area Closures.--In order to protect paleontological or 
     other resources and 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. 508. 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. 509. PROHIBITED ACTS; 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 lands 
     unless such activity is conducted in accordance with this 
     title;
       (2) exchange, transport, export, receive, or offer to 
     exchange, transport, export, or receive any paleontological 
     resource if, in the exercise of due care, the person knew or 
     should have known such resource to have been excavated, 
     removed, exchanged, transported, or received from Federal 
     lands in violation of any provisions, rule, regulation, law, 
     ordinance, or permit in effect under Federal law, including 
     this Title; or
       (3) sell or purchase or offer to sell or purchase any 
     paleontological resource if, in the exercise of due care, the 
     person knew or should have known such resource to have been 
     excavated, removed, sold, purchased, exchanged, transported, 
     or received from Federal lands.
       (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 lands.
       (c) --Penalties.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), a person who knowingly violates or counsels, procures, 
     solicits, or employs another person to violate subsection (a) 
     or (b) shall, upon conviction, be guilty of a class A 
     misdemeanor.
       (2) Damage over $1,000.--If the sum of the scientific or 
     fair market value of the paleontological resources involved 
     and the cost of restoration and repair of such resources 
     exceeds the sum of $1,000, such person shall, upon 
     conviction, be guilty of a class E felony.
       (3) Multiple offenses.--In the case of a second or 
     subsequent such violation, such person shall, upon 
     conviction, be guilty of a class D felony.
       (d) 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 the enactment of this title.

     SEC. 510. CIVIL PENALTIES FOR VIOLATIONS OF REGULATIONS OR 
                   PERMIT CONDITIONS.

       (a) In General.--
       (1) Hearing.--A person who violates any prohibition 
     contained in an applicable regulation or permit issued under 
     this Title 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 title, taking into account the 
     following factors:
       (A) The scientific or fair market value, whichever is 
     greater, of the paleontological resource involved.
       (B) The cost of response, restoration, and repair of the 
     resource and the paleontological site involved.

[[Page 23194]]

       (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 one 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.--Any person against whom an order is issued 
     assessing a penalty under subsection (a) may file a petition 
     for judicial review of the order with an appropriate Federal 
     district court within the 30-day period beginning on the date 
     the order making the assessment was issued. The court shall 
     hear the action on the record made before the Secretary and 
     shall sustain his action if it is supported by substantial 
     evidence on the record considered as a whole.
       (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.--No 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 lands.
       (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 511.

     SEC. 511. REWARDS FORFEITURE.

       (a) Rewards.--The Secretary may pay from penalties 
     collected under section 509 or 510 of this title an amount 
     equal to the lesser of one-half of the penalty or $500, to 
     any person who furnishes information which leads to the 
     finding of a civil violation, or the conviction of criminal 
     violation, with respect to which the penalty was paid. If 
     several persons provided the information, the amount shall be 
     divided among the persons. No officer or employee of the 
     United States or of any State or local government who 
     furnishes information or renders service in the performance 
     of his official duties shall be eligible for payment under 
     this subsection.
       (b) Forfeiture.--All paleontological resources with respect 
     to which a violation under section 509 or 510 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, may be subject to forfeiture to the United 
     States upon--
       (1) the person's conviction of the violation under section 
     509;
       (2) assessment of a civil penalty against any person under 
     section 510 with respect to the violation; or
       (3) a determination by any court that the paleontological 
     resources, vehicles, or equipment were involved in the 
     violation.

     SEC. 512. CONFIDENTIALITY.

       Information concerning the nature and specific location of 
     a paleontological resource the collection of which requires a 
     permit under this Title or under any other provision of 
     Federal law shall be withheld from the public under 
     subchapter II of chapter 5 of title 5, United States Code, or 
     under any other provision of law unless the responsible 
     Secretary determines that disclosure would--
       (1) further the purposes of this title;
       (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. 513. REGULATIONS.

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

     SEC. 514. SAVINGS PROVISIONS.

       Nothing in this title 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), the Mining 
     in the Parks Act, 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 existing laws and authorities relating 
     to reclamation and multiple uses of the public lands;
       (3) apply to, or require a permit for, amateur collecting 
     of a rock, mineral, or invertebrate or plant fossil that is 
     not protected under this title;
       (4) affect any lands other than Federal lands or affect the 
     lawful recovery, collection, or sale of paleontological 
     resources from lands other than Federal lands;
       (5) alter or diminish the authority of a Federal agency 
     under any other law to provide protection for paleontological 
     resources on Federal lands in addition to the protection 
     provided under this title; 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 title.

     SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this title.
                                 ______
                                 
  SA 4974. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 37, to amend the National Trails System Act to update the 
feasibility and suitability studies of 4 national historic trails and 
provide for possible additions to such trails; as follows:

       Strike all after the enacting clause and insert the 
     following:

               TITLE I--NATIONAL HISTORIC TRAILS STUDIES

     SEC. 101. 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 inserting the following new subsection:
       ``(g) The Secretary shall revise the feasibility and 
     suitability studies for certain national trails for 
     consideration of possible additions to the trails.
       ``(1) In general.--
       ``(A) Definitions.--In this subsection:
       ``(i) Route.--The term `route' includes a trail segment 
     common known as a cutoff.
       ``(ii) Shared route.--The term `shared' route means a route 
     that was a segment of more than one historic trail, including 
     a route shared with an existing national historic trail.
       ``(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 the 
     Congress not later than three complete fiscal years from the 
     date of the enactment of this subsection, or from the date of 
     the enactment of the addition of the study to this 
     subsection, whichever is later.
       ``(2) 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 one 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.
       ``(3) 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 one or more of the routes as components of the 
     Pony Express National Historic Trail.
       ``(4) 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 one 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:

[[Page 23195]]

       ``(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.
       ``(5) 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 on 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 one 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.
       ``(6) 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 
     one 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.''

        TITLE II--NATIONAL TRAILS SYSTEM ACQUISITION AUTHORITIES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Trails System 
     Willing Seller Act''.

     SEC. 202. FINDINGS.

       The Congress finds the following:
       (1) In spite of commendable efforts by State and local 
     governments and private volunteer trail groups to develop, 
     operate, and maintain the national scenic and national 
     historic trails designated by Act of Congress in section 5(a) 
     of the National Trails System Act (16 U.S.C. 1244(a)), the 
     rate of progress towards developing and completing the trails 
     is slower than anticipated.
       (2) Nine of the twelve national scenic and historic trails 
     designated between 1978 and 1986 are subject to restrictions 
     totally excluding Federal authority for land acquisition 
     outside the exterior boundaries of any federally administered 
     area, including the North Country National Scenic Trail, the 
     Ice Age National Scenic Trail, and the Potomac Heritage 
     National Scenic Trail.
       (3) To complete the North Country National Scenic Trail, 
     the Ice Age National Scenic Trail, and the Potomac Heritage 
     National Scenic Trail as intended by Congress, acquisition 
     authority to secure necessary rights-of-way and historic 
     sites and segments, limited to acquisition from willing 
     sellers only, and specifically excluding the use of 
     condemnation, should be extended to the Secretary of the 
     Federal department administering these trails.

     SEC. 203. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL 
                   AUTHORITY OVER THE NATIONAL TRAILS SYSTEM.

       It is the sense of the Congress that in order to address 
     the problems involving multijurisdictional authority over the 
     National Trails System, the Secretary of the Federal 
     department with jurisdiction over a national scenic or 
     historic trail should--
       (1) cooperate with appropriate officials of each State and 
     political subdivisions of each State in which the trail is 
     located and private persons with an interest in the trail to 
     pursue the development of the trail; and
       (2) be granted sufficient authority to purchase lands and 
     interests in lands from willing sellers that are critical to 
     the completion of the trail.

     SEC. 204. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR 
                   CERTAIN TRAILS OF THE NATIONAL TRAILS SYSTEM 
                   ACT.

       (a) Limited Acquisition Authority.--
       (1) 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: ``No lands or interests therein 
     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 thereof.''.
       (2) 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: ``No lands or interests therein 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 thereof.''.
       (3) Potomac heritage national scenic trail.--Section 
     5(a)(11) of the National Trails System Act (16 U.S.C. 
     1244(a)(11)) is amended by adding at the end: ``No lands or 
     interests therein 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 
     thereof.''.
       (b) Conforming Amendment.--Section 10(c)(1) of the National 
     Trails System Act (16 U.S.C. 1249(c)(1)) is amended by 
     striking ``the North Country National Scenic Trail, The Ice 
     Age National Scenic Trail.''.

          TITLE III--OLD SPANISH TRAIL NATIONAL HISTORIC TRAIL

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Old Spanish Trail 
     Recognition Act of 2002''.

     SEC. 302. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended--
       (1) by redesignating the second paragraph (21) as paragraph 
     (22); and
       (2) by adding at the end the following:
       ``(23) Old spanish national historic trail.--
       ``(A) In general.--The Old Spanish National Historic Trail, 
     an approximately 2,700 mile long trail extending from Santa 
     Fe, New Mexico, to Los Angeles, California, that served as a 
     major trade route between 1829 and 1848, as generally 
     depicted on the maps numbered 1 through 9, as contained in 
     the report entitled `Old Spanish Trail National Historic 
     Trail Feasibility Study', dated July 2001, including the 
     Armijo Route, Northern Route, North Branch, and Mojave 
     Road''.
       ``(B) Map.--A map generally depicting the trail shall be on 
     file and available for public inspection in the appropriate 
     offices of the Department of the Interior.''.
       ``(C) Administration.--The trail shall be administered by 
     the Secretary of the Interior (referred to in this paragraph 
     as the `Secretary').
       ``(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.
       ``(E) Consultation.--The Secretary shall consult with other 
     Federal, State, local, and tribal agencies in the 
     administration of the trail.
       ``(F) Additional routes.--The Secretary may designate 
     additional routes to the trail if--
       ``(i) the additional routes were included in the Old 
     Spanish Trail National Historic Trail Feasibility Study, but 
     were not recommended for designation as a national historic 
     trail; and
       ``(ii) the Secretary determines that the additional routes 
     were used for trade and commerce between 1829 and 1848.''.

       TITLE IV--LEWIS AND CLARK NATIONAL HISTORIC TRAIL ADDITION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Lewis and Clark National 
     Historic Trail Amendments Act of 2002''.

[[Page 23196]]



     SEC. 402. FINDINGS.

       Congress finds that--
       (1) the National Trails System--
       (A) was established in 1968 to--
       (i) provide additional recreational opportunities to the 
     people of the United States; and
       (ii) preserve access to outdoor areas and historical 
     resources of the United States; and
       (B) since 1968, has been modified to--
       (i) recognize new categories of trails; and
       (ii) expand trails;
       (2) the Lewis and Clark National Historic Trail, as 
     designated in 1978, omits several historically significant 
     sites relating to the Lewis and Clark Expedition;
       (3) Meriwether Lewis and William Clark gathered at the 
     Falls of the Ohio, located in Clarksville, Indiana, and 
     Louisville, Kentucky, to plan and prepare for the expedition;
       (4) the Falls of the Ohio was also the site at which--
       (A) Lewis and Clark selected the first enlisted members of 
     the expedition; and
       (B) those members were sworn into the Army at a ceremony 
     witnessed by General George Rogers Clark;
       (5) on July 13, 2001, the National Park Service certified 
     the Falls of the Ohio as an official Lewis and Clark site 
     associated with the Lewis and Clark National Historic Trail;
       (6) on July 22, 2002, the National Park Service certified 
     historic Locust Grove in Louisville, Kentucky, as an official 
     Lewis and Clark site associated with the Lewis and Clark 
     National Historic Trail;
       (7) the National Council of the Lewis and Clark 
     Bicentennial has designated the Falls of the Ohio as a 
     national signature event site at which to commemorate, during 
     October 2003, the bicentennial of events in the area relating 
     to the Lewis and Clark Expedition; and
       (8) the areas in and around Clarksville, Indiana, and 
     Louisville, Kentucky, including the Falls of the Ohio--
       (A) are the sites of events that were significant to the 
     Lewis and Clark Expedition; and
       (B) should be recognized and protected as components of the 
     Lewis and Clark National Historic Trail.

     SEC. 403. EXTENSION OF 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--
       (1) by striking ``(6) The'' and inserting the following:
       ``(6) Lewis and clark national historic trail.--
       ``(A) In general.--The''; and
       (2) by inserting after subparagraph (A) (as designated by 
     paragraph (1)) the following:
       ``(B) Additional route.--In addition to the route described 
     in subparagraph (A), the Lewis and Clark National Historic 
     Trail shall include the route traveled by Meriwether Lewis 
     and William Clark from the Falls of the Ohio, located in 
     Clarksville, Indiana, and Louisville, Kentucky, to Wood 
     River, Illinois.''.
                                 ______
                                 
  SA 4975. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 198, to require the Secretary of the Interior to establish a 
program to provide assistance through States to eligible weed 
management entities to control or eradicate harmful, nonnative weeds on 
public and private land; as follows:

       Strike all after the enacting clause and insert the 
     following:

               TITLE I.--NOXIOUS WEED CONTROL ACT OF 2002

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Noxious Weed Control Act 
     of 2002''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Noxious weed.--The term ``noxious weed'' has the same 
     meaning as in the Plant Protection Act (7 U.S.C. 7702(10)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States.
       (4) 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).
       (5) Weed management entity.--The term ``weed management 
     entity'' means an entity that--
       (A) is recognized by the State in which it is established;
       (C) is established for the purpose of controlling or 
     eradicating harmful, invasive weeds and increasing public 
     knowledge and education concerning the need to control or 
     eradicate harmful, invasive weeds; and
       (D) is multijurisdictional and multidisciplinary in nature.

     SEC. 103. ESTABLISHMENT OF PROGRAM.

       The Secretary shall establish a program to provide 
     financial assistance through States to eligible weed 
     management entities to control or eradicate weeds. In 
     developing the program, the Secretary shall consult with the 
     National Invasive Species Council, the Invasive Species 
     Advisory Committee, representatives from States and Indian 
     tribes with weed management entities or that have particular 
     problems with noxious weeds, and public and private entities 
     with experience in noxious weed management.

     SEC. 104. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.

       The Secretary shall allocate funds to States to provide 
     funding to weed management entities to carry out projects 
     approved by States to control or eradicate weeds on the basis 
     of the severity or potential severity of the noxious weed 
     problem, the extent to which the Federal funds will be used 
     to leverage non-Federal funds, the extent to which the State 
     has made progress in addressing noxious weed problems, and 
     such other factors as the Secretary deems relevant. The 
     Secretary shall provide special consideration for States with 
     approved weed management entities established by Indian 
     tribes, and may provide an additional allocation to a State 
     to meet the particular needs and projects that such a weed 
     management entity will address.

     SEC. 105. ELIGIBILITY AND USE OF FUNDS.

       (a) Requirements.--The Secretary shall prescribe 
     requirements for applications by States for funding, 
     including provisions for auditing of and reporting on the use 
     of funds and criteria to ensure that weed management entities 
     recognized by the States are capable of carrying out 
     projects, monitoring and reporting on the use of funds, and 
     are knowledgeable about and experienced in noxious weed 
     management and represent private and public interests 
     adversely affected by noxious weeds. Eligible activities for 
     funding shall include--
       (1) applied research to solve locally significant weed 
     management problems and solutions, except that such research 
     may not exceed 8 percent of the available funds in any year;
       (2) incentive payments to encourage the formation of new 
     weed management entities, except that such payments may not 
     exceed 25 percent of the available funds in any year; and
       (3) projects relating to the control or eradication of 
     noxious weeds, including education, inventories and mapping, 
     management, monitoring, and similar activities, including the 
     payment of the cost of personnel and equipment that promote 
     such control or eradication, and other activities to promote 
     such control or eradication, if the results of the activities 
     are disseminated to the public.
       (b) Project Selection.--A State shall select projects for 
     funding to a weed management entity on a competitive basis 
     considering--
       (1) the seriousness of the noxious weed problem or 
     potential problem addressed by the project;
       (2) the likelihood that the project will prevent or resolve 
     the problem, or increase knowledge about resolving similar 
     problems in the future;
       (3) the extent to which the payment will leverage non-
     Federal funds to address the noxious weed problem addressed 
     by the project;
       (4) the extent to which the weed management entity has made 
     progress in addressing noxious weed problems;
       (5) the extent to which the project will provide a 
     comprehensive approach to the control or eradication of 
     noxious weeds;
       (6) the extent to which the project will reduce the total 
     population of a noxious weed;
       (7) the extent to which the project uses the principles of 
     integrated vegetation management and sound science; and
       (8) such other factors that the State determines to be 
     relevant.
       (c) Information and Report.--As a condition of the receipt 
     of funding, States shall require such information from grant 
     recipients as necessary and shall submit to the Secretary a 
     report that describes the purposes and results of each 
     project for which the payment or award was used, by not later 
     than 6 months after completion of the projects.
       (d) Federal Share.--The Federal share of any project or 
     activity approved by a State or Indian tribe under this title 
     may not exceed 50 percent unless the State meets criteria 
     established by the Secretary that accommodates situations 
     where a higher percentage is necessary to meet the needs of 
     an underserved area or addresses a critical need that cannot 
     be met otherwise.

     SEC. 106. LIMITATIONS.

       (a) Landowner Consent; Land Under Cultivation.--Any 
     activity involving real property, either private or public, 
     may be carried out under this title only with the consent of 
     the landowner and no project may be undertaken on property 
     that is devoted to the cultivation of row crops, fruits, or 
     vegetables.
       (b) Compliance With State Law.--A weed management entity 
     may carry out a project to address the noxious weed problem 
     in more than one State only if the entity meets the 
     requirements of the State laws in all States in which the 
     entity will undertake the project.
       (c) Use of Funds.--Funding under this title may not be used 
     to carry out a project--
       (1) to control or eradicate animals, pests, or submerged or 
     floating noxious aquatic weeds; or

[[Page 23197]]

       (2) to protect an agricultural commodity (as defined in 
     section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5602)) other than--
       (A) livestock (as defined in section 602 of the 
     Agricultural Trade Act of 1949 (7 U.S.C. 1471); or
       (B) an animal- or insect-based product.

     SEC. 107. RELATIONSHIP TO OTHER PROGRAMS.

       Assistance authorized under this title is intended to 
     supplement, and not replace, assistance available to weed 
     management entities, areas, and districts for control or 
     eradication of harmful, invasive weeds on public lands and 
     private lands, including funding available under the Pulling 
     Together Initiative of the National Fish and Wildlife 
     Foundation; and the provision of funds to any entity under 
     this title shall have no effect on the amount of any payment 
     received by a county from the Federal Government under 
     chapter 69 of title 31, United States Code (commonly known as 
     the Payments in Lieu of Taxes Act).

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this title there is authorized to be 
     appropriated to the Secretary $100,000,000 for each of fiscal 
     years 2002 through 2006, of which not more than 5 percent of 
     the funds made available for a fiscal year may be used by the 
     Secretary for administrative costs of Federal agencies.

                    TITLE III--NEWTOK LAND EXCHANGE

     SEC. 301. FINDINGS.

       Congress finds that:
       (1) The continued existence of the village of Newtok, 
     Alaska is threatened by the eroding banks of the Ninglick 
     River.
       (2) A relocation of the village will become necessary for 
     the health and safety of the residents of Newtok within the 
     next 8 years.
       (3) Lands previously conveyed to the Newtok Native 
     Corporation contain habitat of high value for waterfowl.
       (4) An opportunity exists for an exchange of lands between 
     the Newtok Native Corporation and the Yukon Delta National 
     Wildlife Refuge that would address the relocation needs of 
     the village while enhancing the quality of waterfowl habitat 
     within the boundaries of the Refuge.
       (5) An exchange of lands between Newtok and the United 
     States on an other than equal value basis pursuant to the 
     terms of this Act is in the public interest.

     SEC. 302. DEFINITIONS.

       For the purposes of this title, the term
       (1) ``ANCSA'' means the Alaska Native Claims Settlement Act 
     of 1971 (43 U.S.C. 1601 et seq.);
       (2) ``ANILCA'' means the Alaska National Interest Lands 
     Conservation Act of 1980 (16 USC 410hh-3233, 43 USC 1602 et 
     seq.);
       (3) ``Calista'' means the Calista Corporation, an Alaska 
     Native Regional Corporation established pursuant to ANCSA;
       (4) ``Identified Lands'' means approximately 10,943 acres 
     of lands (including surface and subsurface) designated as 
     ``Proposed Village Site'' upon a map entitled ``Proposed 
     Newtok Exchange,'' dated September, 2002, and available for 
     inspection in the Anchorage office of the United States Fish 
     and Wildlife Service;
       (5) ``limited warranty deed'' means a warranty deed which 
     is, with respect to its warranties, limited to that portion 
     of the chain of title from the moment of conveyance from the 
     United States to Newtok to and including the moment at which 
     such title is validly reconveyed to the United States of 
     America and its assigns;
       (6) ``Newtok'' means the Newtok Native Corporation, an 
     Alaska Native Village Corporation established pursuant to 
     ANCSA;
       (7) ``Newtok lands'' means approximately 12,101 acres of 
     surface estate comprising conveyed lands and selected lands 
     identified as Aknerkochik on the map referred to in paragraph 
     (4) and that surface estate selected by Newtok on Baird Inlet 
     Island as shown on said map; and
       (8) ``Secretary'' means the Secretary of the Interior.

     SEC. 303. LANDS TO BE EXCHANGED.

       (a) Lands Exchanged to the United States.--If, within 180 
     days after the date of enactment of this title, Newtok 
     expresses to the Secretary in writing its intent to enter 
     into a land exchange with the United States, the Secretary 
     shall accept from Newtok a valid, unencumbered conveyance, by 
     limited warranty deed, of the Newtok lands previously 
     conveyed to Newtok. The Secretary shall also accept from 
     Newtok a relinquishment of irrevocable prioritized selections 
     for approximately 4,956 acres for those validly selected 
     lands not yet conveyed to Newtok. The reconveyance of lands 
     by Newtok to the United States and the prioritized, 
     relinquished selections shall be 1.1 times the number of 
     acres conveyed to Newtok under this title. The number of 
     acres reconveyed to the United States and the prioritized, 
     relinquished selections shall be charged to the entitlement 
     of Newtok.
       (b) Lands Exchanged to Newtok.--(1) In exchange for the 
     Newtok lands conveyed and selections relinquished under 
     subsection (a), the Secretary shall, subject to valid 
     existing rights and notwithstanding section 14(f) of ANCSA, 
     convey to Newtok the surface and subsurface estate of the 
     Identified Lands. The conveyance shall be by interim 
     conveyance. Subsequent to the interim conveyance, the 
     Secretary shall survey the Identified Lands at no cost to 
     Newtok and issue a patent to the Identified Lands subject to 
     the provisions of ANCSA and this title. At the time of survey 
     the charge against Newtok's entitlement for acres conveyed or 
     irrevocable priorities relinquished by Newtok may be adjusted 
     to conform to the standard of 1.1 acres relinquished by 
     Newtok for each one acre received.

     SEC. 304. CONVEYANCE.

       (a) Timing.--The Secretary shall issue interim conveyances 
     pursuant to subsection 303(b) at the earliest possible time 
     after acceptance of the Newtok conveyance and relinquishment 
     of selections under subsection 303(a).
       (b) Relationship to ANCSA.--Lands conveyed to Newtok under 
     this title shall be deemed to have been conveyed under the 
     provisions of ANCSA, except that the provisions of 14(c) of 
     ANCSA shall not apply to these lands, and to the extent that 
     section 22(g) of ANCSA would otherwise be applicable to these 
     lands, the provisions of 22(g) of ANCSA shall also not apply 
     to these lands. Consistent with section 103(c) of ANILCA, 
     these lands shall not be deemed to be included as a portion 
     of the Yukon National Wildlife Refuge and shall not be 
     subject to regulations applicable solely to public lands 
     within this Conservation System Unit.
       (c) Effect on Entitlement.--Nothing in this title shall be 
     construed to change the total acreage of land to which Newtok 
     is entitled under ANCSA.
       (d) Effect on Newtok Lands.--The Newtok Lands shall be 
     included in the Yukon Delta National Wildlife Refuge as of 
     the date of acceptance of the conveyance of those lands from 
     Newtok, except that residents of the Village of Newtok, 
     Alaska, shall retain access rights to subsistence resources 
     on those public lands as guaranteed under ANILCA section 811 
     (16 U.S.C. 3121), and to subsistence uses, such as 
     traditional subsistence fishing, hunting and gathering, 
     consistent with ANILCA section 803 (16 U.S.C. 3113).
       (e) Adjustment to Calista Corporation ANCSA Entitlement for 
     Relinquished Newtok Selections.--To the extent that Calista 
     subsurface rights are affected by this title, Calista shall 
     be entitled to an equivalent acreage of in-lieu subsurface 
     entitlement for the Newtok selections relinquished in the 
     exchange as set forth in subsection 303(a) of this title. 
     This additional entitlement shall come from subsurface lands 
     already selected by Calista, but which have not been 
     conveyed. If Calista does not have sufficient subsurface 
     selections to accommodate this additional entitlement, 
     Calista Corporation is hereby authorized to make an 
     additional in lieu selection for the deficient acreage.
       (f) Adjustment to Exchange.--If requested by Newtok, the 
     Secretary is authorized to consider and make adjustments to 
     the original exchange to meet the purposes of this title, 
     subject to all the same terms and conditions of this title.

         TITLE IV--FLORIDA NATIONAL FOREST LAND MANAGEMENT ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Florida National Forest 
     Land Management Act of 2002''.

     SEC. 402. DEFINITIONS.

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

     SEC. 403. SALE OR EXCHANGE OF LAND.

       (a) In General.--The Secretary may, under such terms and 
     conditions as the Secretary may prescribe, sell or exchange 
     any right, title, and interest of the United States in and to 
     the parcels of Federal land in the State described in 
     subsection (b).
       (b) Description of Land.--The parcels of Federal land in 
     the State referred to in subsection (a) consist of--
       (1) tract A-942a, East Bay, Santa Rosa County, consisting 
     of approximately 61 acres, and more particularly described as 
     T. 1 S., R. 27 W., Sec. 31, W \1/2\ of SW \1/4\ ;
       (2) tract A-942b, East Bay, Santa Rosa County, consisting 
     of approximately 40 acres, and more particularly described as 
     T. 1 S., R. 27 W., Sec. 38;
       (3) tract A-942c, Ft. Walton, Okaloosa County, located 
     southeast of the intersection of and adjacent to State Road 
     86 and Mooney Road, consisting of approximately 0.59 acres, 
     and more particularly described as T. 1 S., R. 24 W., Sec. 
     26;
       (4) tract A-942d, located southeast of Crestview, Okaloosa 
     County, consisting of approximately 79.90 acres, and more 
     particularly described as T. 2 N., R. 23 W., Sec. 2, NW \1/4\ 
     NE \1/4\ and NE \1/4\ NW \1/4\;
       (5) tract A-943, Okaloosa County Fairgrounds, Ft. Walton, 
     Okaloosa County, consisting of approximately 30.14 acres, and 
     more particularly described as T. 1 S., R. 24 W., Sec. 26, S 
     \1/2\;
       (6) tract A-944, City Ball Park--Ft. Walton, Okaloosa 
     County, consisting of approximately 12.43 acres, and more 
     particularly described as T. 1 S., R. 24 W., Sec. 26, S \1/
     2\;
       (7) tract A-945, Landfill-Golf Course Driving Range, 
     located southeast of Crestview, Okaloosa County, consisting 
     of approximately 40.85 acres, and more particularly described 
     as T. 2 N., R. 23 W., Sec. 4, NW \1/4\ NE \1/4\;

[[Page 23198]]

       (8) tract A-959, 2 vacant lots on the north side of 
     Micheaux Road in Bristol, Liberty County, consisting of 
     approximately 0.5 acres, and more particularly described as 
     T. 1 S., R. 7 W., Sec. 6;
       (9) tract C-3m-d, located southwest of Astor in Lake 
     County, consisting of approximately 15.0 acres, and more 
     particularly described as T. 15 S., R. 28 E., Sec. 37;
       (10) tract C-691, Lake County, consisting of the subsurface 
     rights to approximately 40.76 acres of land, and more 
     particularly described as T. 17 S., R. 29 E., Sec. 25, SE \1/
     4\ NW \1/4\;
       (11) tract C-2208b, Lake County, consisting of 
     approximately 39.99 acres, and more particularly described as 
     T. 17 S., R. 28 E., Sec. 28, NW \1/4\ SE \1/4\;
       (12) tract C-2209, Lake County, consisting of approximately 
     127.2 acres, as depicted on the map, and more particularly 
     described as T. 17 S., R. 28 E., Sec. 21, NE \1/4\ SW \1/4\, 
     SE \1/4\ NW \1/4\, and SE \1/4\ NE \1/4\;
       (13) tract C-2209b, Lake County, consisting of 
     approximately 39.41 acres, and more particularly described as 
     T. 17 S., R. 29 E., Sec. 32, NE \1/4\ SE \1/4\;
       (14) tract C-2209c, Lake County, consisting of 
     approximately 40.09 acres, and more particularly described as 
     T. 18 S., R. 28 E., Sec. 14, SE \1/4\ SW \1/4\;
       (15) tract C-2209d, Lake County, consisting of 
     approximately 79.58 acres, and more particularly described as 
     T. 18 S., R. 29 E., Sec. 5, SE \1/4\ NW \1/4\, NE \1/4\ SW 
     \1/4\;
       (16) tract C-2210, government lot 1, 20 recreational 
     residential lots, and adjacent land on Lake Kerr, Marion 
     County, consisting of approximately 30 acres, and more 
     particularly described as T. 13 S., R. 25 E., Sec. 22;
       (17) tract C-2213, located in the F.M. Arrendondo grant, 
     East of Ocala, Marion County, and including a portion of the 
     land located east of the western right-of-way of State 
     Highway 19, consisting of approximately 15.0 acres, and more 
     particularly described as T. 14 and 15 S., R. 26 E., Sec. 36, 
     38, and 40; and
       (18) all improvements on the parcels described in 
     paragraphs (1) through (18).
       (c) Legal Description Modification.--The Secretary may, for 
     the purposes of soliciting offers for the sale or exchange of 
     land under subsection (d), modify the descriptions of land 
     specified in subsection (b) based on--
       (1) a survey; or
       (2) a determination by the Secretary that the modification 
     would be in the best interest of the public.
       (d) Solicitations of Offers.--
       (1) In general.--Subject to such terms and conditions as 
     the Secretary may prescribe, the Secretary may solicit offers 
     for the sale or exchange of land described in subsection (b).
       (2) Rejection of offers.--The Secretary may reject any 
     offer received under this section if the Secretary determines 
     that the offer--
       (A) is not adequate; or
       (B) is not in the public interest.
       (e) Methods of Sale.--The Secretary may sell the land 
     described in subsection (b) at public or private sale 
     (including at auction), in accordance with any terms, 
     conditions, and procedures that the Secretary determines to 
     be appropriate.
       (f) Brokers.--In any sale or exchange of land described in 
     subsection (b), the Secretary may--
       (1) use a real estate broker; and
       (2) pay the real estate broker a commission in an amount 
     that is comparable to the amounts of commission generally 
     paid for real estate transactions in the area.
       (g) Concurrence of the Secretary of the Air Force.--A 
     parcel of land described in paragraphs (1) through (7) of 
     subsection (b) shall not be sold or exchanged by the 
     Secretary without the concurrence of the Secretary of the Air 
     Force.
       (h) Cash Equalization.--Notwithstanding section 206(b) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(b)), if the value of non-Federal land for which Federal 
     land is exchanged under this section is less than the value 
     of the Federal land exchanged, the Secretary may accept a 
     cash equalization payment in excess of 25 percent of the 
     value of the Federal land.
       (i) Disposition of Proceeds.--
       (1) In general.--The net proceeds derived from any sale or 
     exchange under this Act shall be deposited in the fund 
     established by Public Law 90-171 (commonly known as the `Sisk 
     Act') (16 U.S.C. 484a).
       (2) Use.--Amounts deposited under paragraph (1) shall be 
     available to the Secretary for expenditure, without further 
     appropriation, for--
       (A) acquisition of land and interests in land for inclusion 
     as units of the National Forest System in the State; and
       (B) reimbursement of costs incurred by the Secretary in 
     carrying out land sales and exchanges under this title, 
     including the payment of real estate broker commissions under 
     subsection (f).

     SEC. 404. ADMINISTRATION.

       (a) In General.--Land acquired by the United States under 
     this title shall be--
       (1) subject to the Act of March 1, 1911 (commonly known as 
     the `Weeks Act') (16 U.S.C. 480 et seq.); and
       (2) administered in accordance with laws (including 
     regulations) applicable to the National Forest System.
       (b) Applicable Law.--The land described in section 403(b) 
     shall not be subject to the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       (c) Withdrawal.--Subject to valid existing rights, the land 
     described in section 403(b) is withdrawn from location, 
     entry, and patent under the public land laws, mining laws, 
     and mineral leasing laws (including geothermal leasing laws).

             TITLE V--AMERICAN FORK CANYON VISITORS CENTER

     SEC. 501. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the facility that houses the administrative office of 
     the Pleasant Grove Ranger District of the Uinta National 
     Forest can no longer properly serve the purpose of the 
     facility;
       (2) a fire destroyed the Timpanogos Cave National Monument 
     Visitor Center and administrative office in 1991, and the 
     temporary structure that is used for a visitor center cannot 
     adequately serve the public; and
       (3) combining the administrative office of the Pleasant 
     Grove Ranger District with a new Timpanogos Cave National 
     Monument visitor center and administrative office in one 
     facility would--
       (A) facilitate interagency coordination;
       (B) serve the public better; and
       (C) improve cost effectiveness.
       (b) Purposes.--The purposes of this title are--
       (1) to authorize the Secretary of Agriculture to acquire by 
     exchange non-Federal land located in Highland, Utah as the 
     site for an interagency administrative and visitor facility;
       (2) to direct the Secretary of the Interior to construct an 
     administrative and visitor facility on the non-Federal land 
     acquired by the Secretary of Agriculture; and
       (3) to direct the Secretary of Agriculture and the 
     Secretary of the Interior to cooperate in the development, 
     construction, operation, and maintenance of the facility.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Facility.--The term ``facility'' means the facility 
     constructed under section 506 to house--
       (A) the administrative office of the Pleasant Grove Ranger 
     District of the Uinta National Forest; and
       (B) the visitor center and administrative office of the 
     Timpanogos Cave National Monument.
       (2) Federal land.--The term ``Federal land'' means the 
     parcels of land and improvements to the land in the Salt Lake 
     Meridian comprising--
       (A) approximately 237 acres located in T. 5 S., R. 3 E., 
     sec. 13, lot 1, SW \1/4\, NE \1/4\, E \1/2\, NW \1/4\ and E 
     \1/2\, SW \1/4\, as depicted on the map entitled ``Long 
     Hollow-Provo Canyon Parcel'', dated March 12, 2001;
       (B) approximately 0.18 acre located in T. 7 S., R. 2 E., 
     sec. 12, NW \1/4\, as depicted on the map entitled ``Provo 
     Sign and Radio Shop'', dated March 12, 2001;
       (C) approximately 20 acres located in T. 3 S., R. 1 E., 
     sec. 33, SE \1/4\, as depicted on the map entitled ``Corner 
     Canyon Parcel'', dated March 12, 2001;
       (D) approximately 0.18 acre located in T. 29 S., R. 7 W., 
     sec. 15, S \1/2\, as depicted on the map entitled ``Beaver 
     Administrative Site'', dated March 12, 2001;
       (E) approximately 7.37 acres located in T. 7 S., R. 3 E., 
     sec. 28, NE \1/4\, SW \1/4\, NE \1/4\, as depicted on the map 
     entitled ``Springville Parcel'', dated March 12, 2001; and
       (F) approximately 0.83 acre located in T. 5 S., R. 2 E., 
     sec. 20, as depicted on the map entitled ``Pleasant Grove 
     Ranger District Parcel'', dated March 12, 2001.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the parcel of land in the Salt Lake Meridian comprising 
     approximately 37.42 acres located at approximately 4,400 
     West, 11,000 North (SR-92), Highland, Utah in T. 4 S., R. 2 
     E., sec. 31, NW \1/4\, as depicted on the map entitled ``The 
     Highland Property'', dated March 12, 2001.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 503. MAPS AND LEGAL DESCRIPTIONS.

       (a) Availability of Maps.--The maps described in paragraphs 
     (2) and (3) of section 502 shall be on file and available for 
     public inspection in the Office of the Chief of the Forest 
     Service until the date on which the land depicted on the maps 
     is exchanged under this title.
       (b) Technical Corrections to Legal Descriptions.--The 
     Secretary may correct minor errors in the legal descriptions 
     in paragraphs (2) and (3) of section 502.

     SEC. 504. EXCHANGE OF LAND FOR FACILITY SITE.

       (a) In General.--Subject to subsection (b), the Secretary 
     may, under such terms and conditions as the Secretary may 
     prescribe, convey by quitclaim deed all right, title, and 
     interest of the United States in and to the Federal land in 
     exchange for the conveyance of the non-Federal land.
       (b) Title to Non-Federal Land.--Before the land exchange 
     takes place under subsection (a), the Secretary shall 
     determine that title to the non-Federal land is acceptable 
     based on the approval standards applicable to Federal land 
     acquisitions.
       (c) Valuation of Non-Federal Land.--

[[Page 23199]]

       (1) Determination.--The fair market value of the land and 
     the improvements on the land exchanged under this title shall 
     be determined by an appraisal that--
       (A) is approved by the Secretary; and
       (B) conforms with the Federal appraisal standards, as 
     defined in the publication entitled ``Uniform Appraisal 
     Standards for Federal Land Acquisitions''.
       (2) Separate appraisals.--
       (A) In general.--Each parcel of Federal land described in 
     subparagraphs (A) through (F) of section 502(2) shall be 
     appraised separately.
       (B) Individual property values.--The property values of 
     each parcel shall not be affected by the unit rule described 
     in the Uniform Appraisal Standards for Federal Land 
     Acquisitions.
       (d) Cash Equalization.--Notwithstanding section 206(b) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(b)), the Secretary may, as the circumstances require, 
     either make or accept a cash equalization payment in excess 
     of 25 percent of the total value of the lands or interests 
     transferred out of Federal ownership.
       (e) Administration of Land Acquisition by United States.--
       (1) Boundary adjustment.--
       (A) In general.--On acceptance of title by the Secretary--
       (i) the non-Federal land conveyed to the United States 
     shall become part of the Uinta National Forest; and
       (ii) the boundaries of the national forest shall be 
     adjusted to include the land.
       (B) Allocation of land and water conservation fund 
     moneys.--For purposes of section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-099), the 
     boundaries of the national forest, as adjusted under this 
     section, shall be considered to be boundaries of the national 
     forest as of January 1, 1965.
       (2) Applicable law.--Subject to valid existing rights, the 
     Secretary shall manage any land acquired under this section 
     in accordance with--
       (A) the Act of March 1, 1911 (16 U.S.C. 480 et seq.) 
     (commonly known as the ``Weeks Act''); and
       (B) other laws (including regulations) that apply to 
     National Forest System land.

     SEC. 505. DISPOSITION OF FUNDS.

       (a) Deposit.--The Secretary shall deposit any cash 
     equalization funds received in the land exchange in the fund 
     established under Public Law 90-171 (16 U.S.C. 484a) 
     (commonly known as the ``Sisk Act'').
       (b) Use of Funds.--Funds deposited under subsection (a) 
     shall be available to the Secretary, without further 
     appropriation, for the acquisition of land and interests in 
     land for administrative sites in the State of Utah and land 
     for the National Forest System.

     SEC. 506. CONSTRUCTION AND OPERATION OF FACILITY.

       (a) Construction.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after funds are made available to carry out this 
     title, the Secretary of the Interior shall construct, and 
     bear responsibility for all costs of construction of, a 
     facility and all necessary infrastructure on non-Federal land 
     acquired under section 504.
       (2) Design and specifications.--Prior to construction, the 
     design and specifications of the facility shall be approved 
     by the Secretary and the Secretary of the Interior.
       (b) Operation and Maintenance of Facility.--The facility 
     shall be occupied, operated, and maintained jointly by the 
     Secretary (acting through the Chief of the Forest Service) 
     and the Secretary of the Interior (acting through the 
     Director of the National Park Service) under terms and 
     conditions agreed to by the Secretary and the Secretary of 
     the Interior.

     SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

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

                 TITLE VI--WASHOE TRIBE LAND CONVEYANCE

     SEC. 601. WASHOE TRIBE LAND CONVEYANCE.

       (a) Findings.--Congress finds that--
       (1) the ancestral homeland of the Washoe Tribe of Nevada 
     and California (referred to in this title as the ``Tribe'') 
     included an area of approximately 5,000 square miles in and 
     around Lake Tahoe, California and Nevada, and Lake Tahoe was 
     the heart of the territory;
       (2) in 1997, Federal, State, and local governments, 
     together with many private landholders, recognized the Washoe 
     people as indigenous people of Lake Tahoe Basin through a 
     series of meetings convened by those governments at 2 
     locations in Lake Tahoe;
       (3) the meetings were held to address protection of the 
     extraordinary natural, recreational, and ecological resources 
     in the Lake Tahoe region;
       (4) the resulting multiagency agreement includes objectives 
     that support the traditional and customary uses of National 
     Forest System land by the Tribe; and
       (5) those objectives include the provision of access by 
     members of the Tribe to the shore of Lake Tahoe in order to 
     reestablish traditional and customary cultural practices.
       (b) Purposes.--The purposes of this title are--
       (1) to implement the joint local, State, tribal, and 
     Federal objective of returning the Tribe to Lake Tahoe; and
       (2) to ensure that members of the Tribe have the 
     opportunity to engage in traditional and customary cultural 
     practices on the shore of Lake Tahoe to meet the needs of 
     spiritual renewal, land stewardship, Washoe horticulture and 
     ethnobotany, subsistence gathering, traditional learning, and 
     reunification of tribal and family bonds.
       (c) Conveyance on Condition Subsequent.--Subject to valid 
     existing rights, the easement reserved under subsection (d), 
     and the condition stated in subsection (e), the Secretary of 
     Agriculture shall convey to the Secretary of the Interior, in 
     trust for the Tribe, for no consideration, all right, title, 
     and interest in the parcel of land comprising approximately 
     24.3 acres, located within the Lake Tahoe Basin Management 
     Unit north of Skunk Harbor, Nevada, and more particularly 
     described as Mount Diablo Meridian, T15N, R18E, section 27, 
     lot 3.
       (d) Easement.--
       (1) In general.--The conveyance under subsection (c) shall 
     be made subject to reservation to the United States of a 
     nonexclusive easement for public and administrative access 
     over Forest Development Road #15N67 to National Forest System 
     land, to be administered by the Secretary of Agriculture.
       (2) Access by individuals with disabilities.--The Secretary 
     of Agriculture shall provide a reciprocal easement to the 
     Tribe permitting vehicular access to the parcel over Forest 
     Development Road #15N67 to--
       (A) members of the Tribe for administrative and safety 
     purposes; and
       (B) members of the Tribe who, due to age, infirmity, or 
     disability, would have difficulty accessing the conveyed 
     parcel on foot.
       (e) Condition on use of Land.--
       (1) In general.--In using the parcel conveyed under 
     subsection (c), the Tribe and members of the Tribe--
       (A) shall limit the use of the parcel to traditional and 
     customary uses and stewardship conservation for the benefit 
     of the Tribe;
       (B) shall not permit any permanent residential or 
     recreational development on, or commercial use of, the parcel 
     (including commercial development, tourist accommodations, 
     gaming, sale of timber, or mineral extraction); and
       (C) shall comply with environmental requirements that are 
     no less protective than environmental requirements that apply 
     under the Regional Plan of the Tahoe Regional Planning 
     Agency.
       (2) Termination and reversion.--If the Secretary of the 
     Interior, after notice to the Tribe and an opportunity for a 
     hearing, based on monitoring of use of the parcel by the 
     Tribe, makes a finding that the Tribe has used or permitted 
     the use of the parcel in violation of paragraph (1) and the 
     Tribe fails to take corrective or remedial action directed by 
     the Secretary of the Interior--
       (A) title to the parcel in the Secretary of the Interior, 
     in trust for the Tribe, shall terminate; and
       (B) title to the parcel shall revert to the Secretary of 
     Agriculture.

    TITLE VII--SANTA CLARA AND SAN ILDEFONSO PUEBLO LAND CONVEYANCE

     SEC. 701. DEFINITIONS.

       In this title:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled ``Agreement to Affirm Boundary Between Pueblo of 
     Santa Clara and Pueblo of San Ildefonso Aboriginal Lands 
     Within Garcia Canyon Tract'', entered into by the Governors 
     on December 20, 2000.
       (2) Boundary line.--The term ``boundary line'' means the 
     boundary line established under section 704(a).
       (3) Governors.--The term ``Governors'' means--
       (A) the Governor of the Pueblo of Santa Clara, New Mexico; 
     and
       (B) the Governor of the Pueblo of San Ildefonso, New 
     Mexico.
       (4) 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).
       (5) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Santa Clara, New Mexico; and
       (B) the Pueblo of San Ildefonso, New Mexico.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Trust land.--The term ``trust land'' means the land 
     held by the United States in trust under section 702(a) or 
     703(a).

     SEC. 702. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of Santa 
     Clara, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,484 acres of 
     Bureau of Land Management land located in Rio Arriba County, 
     New Mexico, and more particularly described as--
       (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;

[[Page 23200]]

       (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New 
     Mexico Principal Meridian;
       (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New 
     Mexico Principal Meridian;
       (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract 
     in the southeast quarter owned by the Pueblo of San 
     Ildefonso;
       (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
     Principal Meridian, that is located north and east of the 
     boundary line;
       (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico 
     Principal Meridian, that is not included in the Santa Clara 
     Pueblo Grant or the Santa Clara Indian Reservation; and
       (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not 
     included in the Santa Clara Pueblo Grant or the San Ildefonso 
     Grant.

     SEC. 703. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of San 
     Ildefonso, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,000 acres of 
     Bureau of Land Management land located in Rio Arriba County 
     and Santa Fe County in the State of New Mexico, and more 
     particularly described as--
       (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico 
     Principal Meridian, that is located south and west of the 
     boundary line;
       (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal 
     Meridian; and
       (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico 
     Principal Meridian, that is not included in the San Ildefonso 
     Pueblo Grant.

     SEC. 704. SURVEY AND LEGAL DESCRIPTIONS.

       (a) Survey.--Not later than 180 days after the date of 
     enactment of this title, the Office of Cadastral Survey of 
     the Bureau of Land Management shall, in accordance with the 
     Agreement, complete a survey of the boundary line established 
     under the Agreement for the purpose of establishing, in 
     accordance with sections 702(b) and 703(b), the boundaries of 
     the trust land.
       (b) Legal Descriptions.--
       (1) Publication.--On approval by the Governors of the 
     survey completed under subsection (a), the Secretary shall 
     publish in the Federal Register--
       (A) a legal description of the boundary line; and
       (B) legal descriptions of the trust land.
       (2) Technical corrections.--Before the date on which the 
     legal descriptions are published under paragraph (1)(B), the 
     Secretary may correct any technical errors in the 
     descriptions of the trust land provided in sections 702(b) 
     and 703(b) to ensure that the descriptions are consistent 
     with the terms of the Agreement.
       (3) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1)(B), the legal 
     descriptions shall be the official legal descriptions of the 
     trust land.

     SEC. 705. ADMINISTRATION OF TRUST LAND.

       (a) In General.--Beginning on the date of enactment of this 
     title--
       (1) the land held in trust under section 702(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 3(a) shall be 
     declared to be a part of the San Ildefonso Indian 
     Reservation.
       (b) Applicable Law.--
       (1) In general.--The trust land shall be administered in 
     accordance with any law (including regulations) or court 
     order generally applicable to property held in trust by the 
     United States for Indian tribes.
       (2) Pueblo lands act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (commonly known as the 
     ``Pueblo Lands Act'') (25 U.S.C. 331 note):
       (A) The trust land.
       (B) Any land owned as of the date of enactment of this 
     title or acquired after the date of enactment of this title 
     by the Pueblo of Santa Clara in the Santa Clara Pueblo Grant.
       (C) Any land owned as of the date of enactment of this 
     title or acquired after the date of enactment of this title 
     by the Pueblo of San Ildefonso in the San Ildefonso Pueblo 
     Grant.
       (c) Use of Trust Land.--
       (1) In general.--Subject to the criteria developed under 
     paragraph (2), the trust land may be used only for--
       (A) traditional and customary uses; or
       (B) stewardship conservation for the benefit of the Pueblo 
     for which the trust land is held in trust.
       (2) Criteria.--The Secretary shall work with the Pueblos to 
     develop appropriate criteria for using the trust land in a 
     manner that preserves the trust land for traditional and 
     customary uses or stewardship conservation.
       (3) Limitation.--Beginning on the date of enactment of this 
     title, the trust land shall not be used for any new 
     commercial developments.

     SEC. 706. EFFECT.

       Nothing in this title--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of a person or entity (other than the United States) 
     that is--
       (A) in or to the trust land; and
       (B) in existence before the date of enactment of this 
     title;
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Pueblos to any land or interest in land that 
     is--
       (A) based on Aboriginal or Indian title; and
       (B) in existence before the date of enactment of this 
     title;
       (3) constitutes an express or implied reservation of water 
     or water right with respect to the trust land; or
       (4) affects any water right of the Pueblos in existence 
     before the date of enactment of this title.
                                 ______
                                 
  SA 4976. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 2670, to establish Institutes to conduct research on the 
prevention of, and restoration from, wildfires in forest and woodland 
ecosystems; as follows:

       Strike all after the enacting clause and insert the 
     following:

                    TITLE I--WILDFIRE PREVENTION ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Wildfire Prevention Act of 
     2002''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) there is an increasing threat of wildfire to millions 
     of acres of forest land and rangeland throughout the United 
     States;
       (2) forest land and rangeland are degraded as a direct 
     consequence of land management practices (including practices 
     to control and prevent wildfires and the failure to harvest 
     subdominant trees from overstocked stands) that disrupt the 
     occurrence of frequent low-intensity fires that have 
     periodically removed flammable undergrowth;
       (3) at least 39,000,000 acres of land of the National 
     Forest System in the interior West are at high risk of 
     wildfire;
       (4) an average of 95 percent of the expenditures by the 
     Forest Service for wildfire suppression during fiscal years 
     1990 through 1994 were made to suppress wildfires in the 
     interior West;
       (5) the number, size, and severity of wildfires in the 
     interior West are increasing;
       (6) of the timberland in National Forests in the States of 
     Arizona and New Mexico, 59 percent of such land in Arizona, 
     and 56 percent of such land in New Mexico, has an average 
     diameter of 9 to 12 inches diameter at breast height;
       (7) the population of the interior West grew twice as fast 
     as the national average during the 1990s;
       (8) efforts to prioritize forests and communities for 
     wildfire risk reduction have been inconsistent and 
     insufficient and have resulted in funding to areas that are 
     not prone to severe wildfires;
       (9) catastrophic wildfires--
       (A) endanger homes and communities;
       (B) damage and destroy watersheds and soils; and
       (C) pose a serious threat to the habitat of threatened and 
     endangered species;
       (10) a 1994 assessment of forest health in the interior 
     West estimated that only a 15- to 30-year window of 
     opportunity exists for effective management intervention 
     before damage from uncontrollable wildfire becomes 
     widespread, with 8 years having already elapsed since the 
     assessment;
       (11) following a catastrophic wildfire, certain forests in 
     the interior West do not return to their former grandeur;
       (12) healthy forest and woodland ecosystems--
       (A) reduce the risk of wildfire to forests and communities;
       (B) improve wildlife habitat and biodiversity;
       (C) increase tree, grass, forb, and shrub productivity;
       (D) enhance watershed values;
       (E) improve the environment; and
       (F) provide a basis in some areas for economically and 
     environmentally sustainable uses;
       (13) sustaining the long-term ecological and economic 
     health of interior West forests and woodland, and their 
     dependent human communities, requires preventing severe 
     wildfires before the wildfires occur and permitting natural, 
     low-intensity ground fires;
       (14) more natural fire regimes cannot be accomplished 
     without the reduction of excess fuels and thinning of 
     subdorminant trees (which fuels and trees may be of 
     commercial value);
       (15) ecologically-based forest and woodland ecosystem 
     restoration on a landscape scale will--
       (A) improve long-term community protection;
       (B) minimize the need for wildfire suppression;
       (C) improve resource values;
       (D) reduce rehabilitation costs;

[[Page 23201]]

       (E) reduce loss of critical habitat; and
       (F) protect forests for future generations;
       (16) although the National Fire Plan, and the report 
     entitled ``Protecting People and Sustaining Resources in 
     Fire-Adapted Ecosystems--A Cohesive Strategy'' (65 Fed. Reg. 
     67480), advocate a shift in wildfire policy from suppression 
     to prevention (including restoration and hazardous fuels 
     reduction), Federal land managers are not dedicating 
     sufficient attention and financial resources to restoration 
     activities that simultaneously restore forest health and 
     reduce the risk of severe wildfire;
       (17) although landscape scale restoration is needed to 
     effectively reverse degradation, scientific understanding of 
     landscape scale treatments is limited;
       (18) the Federal wildfire research program is funded at 
     approximately 1/3 of the amount that is required to address 
     emerging wildfire problems, resulting in the lack of a 
     cohesive strategy to address the threat of catastrophic 
     wildfires; and
       (19) rigorous, understandable, and applied scientific 
     information is needed for--
       (A) the design, implementation, and adaptation of landscape 
     scale restoration treatments and improvement of wildfire 
     management technology;
       (B) the environmental review process; and
       (C) affected entities that collaborate in the development 
     and implementation of wildfire treatment.

     SEC. 103. PURPOSES.

       The purposes of this title are--
       (1) to enhance the capacity to develop, transfer, apply, 
     and monitor practical science-based forest restoration 
     treatments that will reduce the risk of severe wildfires, and 
     improve forest and woodland health, in the interior West;
       (2) to develop the practical scientific knowledge required 
     to implement forest and woodland restoration on a landscape 
     scale;
       (3) to develop the interdisciplinary knowledge required to 
     understand the socioeconomic and environmental impacts of 
     wildfire control on ecosystems and landscapes;
       (4) to require Federal agencies--
       (A) to use ecological restoration treatments to reverse 
     declining forest health and reduce the risk of severe 
     wildfires across the forest landscape;
       (B) to ensure that sufficient funds are dedicated to 
     wildlife prevention activities, including restoration 
     treatments; and
       (C) to monitor and use wildfire treatments based on the use 
     of adaptive ecosystem management;
       (5) to develop, transfer, and assist land managers in 
     treating acres with restoration-based treatments and use new 
     management technologies (including the transfer of 
     understandable information, assistance with environmental 
     review, and field and classroom training and collaboration) 
     to accomplish the goals identified in--
       (A) the National Fire Plan;
       (B) the report entitled ``Protecting People and Sustaining 
     Resources in Fire-Adapted Ecosystems--A Cohesive Strategy'' 
     (65 Fed. Reg. 67480); and
       (C) the report entitled ``10-Year Comprehensive Strategy: A 
     Collaborative Approach for Reducing Wildland Fire Risks to 
     Communities and the Environment'' of the Western Governors' 
     Association; and
       (6) to provide technical assistance to collaborative 
     efforts by affected entities to develop, implement, and 
     monitor adaptive ecosystem management restoration treatments 
     that are ecologically sound, economically viable, and 
     socially responsible.

     SEC. 104. DEFINITIONS.

       In this title:
       (1) Adaptive ecosystem management.--The term ``adaptive 
     ecosystem management'' means a natural resource management 
     process under which planning, implementation, monitoring, 
     research, evaluation, and incorporation of new knowledge are 
     combined into a management approach that is--
       (A) based on scientific findings and the needs of society; 
     and
       (B) used to modify future management methods and policy.
       (2) Affected entities.--The term ``affected entities'' 
     includes--
       (A) land managers;
       (B) stakeholders;
       (C) concerned citizens; and
       (D) State land managers.
       (3) Institute.--The term ``Institute'' means an Institute 
     established under section 105(a).
       (4) Interior west.--The term ``interior West'' means the 
     States of Arizona, Colorado, Idaho, Nevada, New Mexico, and 
     Utah.
       (5) Land manager.--
       (A) In general.--The term ``land manager'' means a person 
     or entity that practices or guides natural resource 
     management.
       (B) Inclusions.--The term ``land manager'' includes a 
     Federal, State, local, or tribal land management agency.
       (6) Restoration.--The term ``restoration'' means a process 
     undertaken to return an ecosystem or habitat toward--
       (A) the original condition of the ecosystem or habitat; or
       (B) a condition that supports a related species, natural 
     function, or ecological process (including a low intensity 
     fire).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (8) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; and
       (B) the Secretary of the Interior.
       (9) Stakeholder.--The term ``stakeholder'' means any person 
     interested in or affected by management of forest or woodland 
     ecosystems.

     SEC. 105. ESTABLISHMENT OF INSTITUTES.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of the Interior, shall--
       (1) not later than 180 days after the date of enactment of 
     this title, establish 3 Institutes to promote the use of 
     adaptive ecosystem management to reduce the risk of 
     wildfires, and improve the health of forest and woodland 
     ecosystems, in the interior West; and
       (2) provide assistance to the Institutes to promote the use 
     of adaptive ecosystem management in accordance with paragraph 
     (1).
       (b) Location.--
       (1) Existing institutes.--The Secretary may designate an 
     institute in existence on the date of enactment of this title 
     to serve as an Institute established under this title.
       (2) Locations.--Of the Institutes established under this 
     title, the Secretary shall establish 1 Institute in each of 
     the States of Arizona, New Mexico, and Colorado. The 
     Institute established in Arizona shall be located at Northern 
     Arizona University.
       (c) Duties.--Each Institute shall--
       (1) plan, conduct, or promote research on the use of 
     adaptive ecosystem management to reduce the risk of 
     wildfires, and improve the health of forest and woodland 
     ecosystems, in the interior West, including--
       (A) research that assists in providing information on the 
     use of adaptive ecosystem management practices to affected 
     entities; and
       (B) research that will be useful in the development and 
     implementation of practical, science-based, ecological 
     restoration treatments for forest and woodland ecosystems 
     affected by wildfires; and
       (2) provide the results of research described in paragraph 
     (1) to affected entities.
       (d) Cooperation.--To increase and accelerate efforts to 
     restore forest ecosystem health and abate unnatural and 
     unwanted wildfires in the interior West, each Institute shall 
     cooperate with--
       (1) researchers at colleges and universities in the States 
     of Arizona, New Mexico, and Colorado that have a demonstrated 
     capability to conduct research described in subsection (c); 
     and
       (2) other organizations and entities in the interior West 
     (such as the Western Governors' Association).
       (e) Annual Work Plans.--As a condition of the receipt of 
     funds made available under this title, for each fiscal year, 
     each Institute shall submit to the Secretary, for review by 
     the Secretary, in consultation with the Secretary of the 
     Interior, an annual work plan that includes assurances, 
     satisfactory to the Secretaries, that the proposed work of 
     the Institute will serve the informational needs of affected 
     entities.

     SEC. 106. COOPERATION BETWEEN INSTITUTES AND FEDERAL 
                   AGENCIES.

       In carrying out this title, the Secretary, in consultation 
     with the Secretary of the Interior--
       (1) shall ensure that adequate financial and technical 
     assistance is provided to the Institutes to enable the 
     Institutes to carry out the purposes of the Institutes under 
     section 5, including prevention activities and ecological 
     restoration for wildfires and affected ecosystems;
       (2) shall use information and expertise provided by the 
     Institutes;
       (3) shall encourage Federal agencies to use, on a 
     cooperative basis, information and expertise provided by the 
     Institutes;
       (4) shall encourage cooperation and coordination between 
     Federal programs relating to--
       (A) ecological restoration;
       (B) wildfire risk reduction; and
       (C) wildfire management technologies;
       (5) notwithstanding chapter 63 of title 31, United States 
     Code, may--
       (A) enter into contracts, cooperative agreements, 
     interagency personal agreements to carry out this title; and
       (B) carry out other transactions under this title;
       (6) may accept funds from other Federal agencies to 
     supplement or fully fund grants made, and contracts entered 
     into, by the Secretaries;
       (7) may support a program of internships for qualified 
     individuals at the undergraduate and graduate levels to carry 
     out the educational and training objectives of this title;
       (8) shall encourage professional education and public 
     information activities relating to the purposes of this 
     title; and
       (9) may promulgate such regulations as the Secretaries 
     determine are necessary to carry out this title.

     SEC. 107. MONITORING AND EVALUATION.

       (a) In General.--Not later than 5 years after the date of 
     enactment of this title, and every 5 years thereafter, the 
     Secretary, in consultation with the Secretary of the 
     Interior, shall complete and submit to the appropriate 
     committees of Congress a detailed

[[Page 23202]]

     evaluation of the programs and activities of each Institute--
       (1) to ensure, to the maximum extent practicable, that the 
     research, communication tools, and information transfer 
     activities of each Institute meet the needs of affected 
     entities; and
       (2) to determine whether continued provision of Federal 
     assistance to each Institute is warranted.
       (b) Termination of Assistance.--If, as a result of an 
     evaluation under subsection (a), the Secretary, in 
     consultation with the Secretary of the Interior, determines 
     that an Institute does not qualify for further Federal 
     assistance under this title, the Institute shall receive no 
     further Federal assistance under this title until such time 
     as the qualifications of the Institute are reestablished to 
     the satisfaction of the Secretaries.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $15,000,000 for each fiscal year.

   TITLE II--COMMUNITY-BASED FOREST AND PUBLIC LANDS RESTORATION ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Community-Based Forest and 
     Public Lands Restoration Act''.

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to create a coordinated, consistent, community-based 
     program to restore and maintain the ecological integrity of 
     degraded National Forest System and public lands watersheds;
       (2) to ensure that restoration of degraded National Forest 
     System and public lands recognizes variation in forest type 
     and fire regimes, incorporates principles of community 
     forestry, local and traditional knowledge, and conservation 
     biology; and, where possible, uses the least intrusive 
     methods practicable;
       (3) to enable the Secretaries to assist small, rural 
     communities to increase their capacity to restore and 
     maintain the ecological integrity of surrounding National 
     Forest System and public lands, and to use the by-products of 
     such restoration in value-added processing;
       (4) to require the Secretaries to monitor ecological, 
     social, and economic conditions based on explicit mechanisms 
     for accountability;
       (5) to authorize the Secretaries to expand partnerships and 
     to contract with non-profit organizations, conservation 
     groups, small and micro-enterprises, cooperatives, non-
     Federal conservation corps, and other parties to encourage 
     them to provide services or products that facilitate the 
     restoration of damaged lands; and
       (6) to improve communication and joint problem solving, 
     consistent with Federal and State environmental laws, among 
     individuals and groups who are interested in restoring the 
     diversity and productivity of watersheds.

     SEC. 203. DEFINITIONS.

       As used in this title:
       (1) The term ``public lands'' has the meaning given such 
     term in section 103(e) of the Federal Land Policy and 
     Management Act (43 U.S.C. 1702(e)).
       (2) The term ``National Forest System'' has the meaning 
     given such term in section 11(a) of the Forest and Rangeland 
     Renewable Resources Planning Act (16 U.S.C. 1609(a)).
       (3) The term ``Secretaries'' means the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     and the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management.
       (4) The term ``restore'' means to incorporate historic, 
     current, and new scientific information as it becomes 
     available, to reintroduce, maintain, or enhance the 
     characteristics, functions, and ecological processes of 
     healthy, properly functioning watersheds.
       (5) The term ``local'' means within the same county, 
     watershed unit, or jurisdiction of a Resource Advisory 
     Council established pursuant to Public Law 106-393 where an 
     associated restoration project, or projects, are conducted.
       (6) The term ``micro-enterprise'' means a non-subsidiary 
     business or cooperative employing five or fewer people.
       (7) The term ``small enterprise'' means a non-subsidiary 
     business or cooperative employing between 6 and 150 people.
       (8) The term ``value-added processing'' means additional 
     processing of a product to increase its economic value and to 
     create additional jobs and benefits where the processing is 
     done.
       (9) The term ``low-impact equipment'' means the use of 
     equipment for restorative, maintenance, or extraction 
     purposes that minimizes or eliminates impacts to soils and 
     other resources.
       (10) The terms ``rural'' and ``rural area'' mean, a city, 
     town, or unincorporated area that has a population of 50,000 
     inhabitants or less, other than an urbanized area immediately 
     adjacent to a city, town, or unincorporated area that has a 
     population in excess of 50,000 inhabitants.

     SEC. 204. ESTABLISHMENT OF PROGRAM.

       (a) Requirements.--The Secretaries shall jointly establish 
     a National Forest System and public lands collaborative 
     community-based restoration program. The purposes of the 
     program shall be:
       (1) to identify projects that will restore degraded 
     National Forest System and public lands; and
       (2) implement such projects in a collaborative way and in a 
     way that builds rural community capacity to restore and 
     maintain in perpetuity the health of the National Forest 
     System and other public lands.
       (b) Cooperation.--The Secretaries may enter into 
     cooperative agreements with willing tribal governments, State 
     and local governments, private and nonprofit entities and 
     landowners for protection, restoration, and enhancement of 
     fish and wildlife habitat, forests, and other resources on 
     the National Forest System and public lands.
       (c) Monitoring.--
       (1) The Secretaries shall establish a multiparty 
     monitoring, evaluation, and accountability process in order 
     to assess the cumulative accomplishments or adverse impacts 
     of projects implemented under this title. The Secretaries 
     shall include any interested individual or organization in 
     the monitoring and evaluation process.
       (2) Not later than 5 years after the date of enactment of 
     this title, the Secretaries shall submit a report to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives detailing the information 
     gathered as a result of the multiparty monitoring and 
     evaluation. The report shall include an assessment on 
     whether, and to what extent, the projects funded pursuant to 
     this title are meeting the purposes of the title.
       (3) The Secretaries shall ensure that monitoring data is 
     collected and compiled in a way that the general public can 
     easily access. The Secretaries may collect the data using 
     cooperative agreements, grants, or contracts with small or 
     micro-enterprises, or Youth Conservation Corps work crews or 
     related partnerships with State, local, and other non-Federal 
     conservation corps.
       (d) The Secretaries shall hire additional outreach 
     specialists, grants and agreements specialists, and contract 
     specialists in order to implement this title.

     SEC. 205. FOREST RESTORATION AND VALUE-ADDED CENTERS.

       (a) Establishment.--Subject to subsection (d), the 
     Secretaries shall provide cost-share grants, cooperative 
     agreements, or both to establish Restoration and Value-Added 
     Centers in order to improve the implementation of 
     collaborative, community-based restoration projects on 
     National Forest System or public lands.
       (b) Requirements.--The Restoration and Value-Added Centers 
     shall provide technical assistance to non-profit 
     organizations, small or micro-enterprises or individuals 
     interested in creating a natural-resource related small or 
     micro-enterprise in the following areas--
       (1) restoration, and
       (2) processing techniques for the byproducts of restoration 
     and value-added manufacturing.
       (c) Additional Requirements.--The Restoration and Value-
     Added Centers shall provide technical assistance in one or 
     more of the following--
       (1) using the latest, independent peer reviewed, scientific 
     information and methodology to accomplish restoration and 
     ecosystem health objectives,
       (2) workforce training for value-added manufacturing and 
     restoration,
       (3) marketing and business support for conservation-based 
     small and micro-enterprises,
       (4) accessing urban markets for small and micro-enterprises 
     located in rural communities,
       (5) developing technology for restoration and the use of 
     products resulting from restoration,
       (6) accessing funding from government and non-government 
     sources, and
       (7) development of economic infrastructure including 
     collaborative planning, proposal development, and grant 
     writing where appropriate.
       (d) Locations.--The Secretaries shall ensure that at least 
     one Restoration and Value-Added Center is located within 
     Idaho, New Mexico, Montana, northern California, eastern 
     Oregon, and Washington and that every Restoration and Value-
     Added Center is located in a rural community that is adjacent 
     to or surrounded by National Forest System or other public 
     lands.
       (1) The Secretaries may enter into partnerships and 
     cooperative agreements with other Federal agencies or other 
     organizations, including local non-profit organizations, 
     conservation groups, or community colleges in creating and 
     maintaining the Restoration and Value-Added Centers.
       (2) The appropriate Regional Forester and State Bureau of 
     Land Management Director will issue a request for proposals 
     to create a Restoration and Value-Added Center. The Regional 
     Forester and State Bureau of Land Management Director will 
     select a proposal with input from existing Resource and 
     Technical Advisory Committees where appropriate.
       (3) The Secretaries shall provide cost-share grants, 
     cooperative agreements, or both equaling 75 percent of each 
     Restoration and Value-Added Center's operating costs, 
     including business planning, not to exceed $1 million 
     annually per center.

[[Page 23203]]

       (4) Within 30 days of approving a grant or cooperative 
     agreement to establish a Restoration and Value-Added Center, 
     the Secretary shall notify the Committee on Energy and 
     Natural Resources of the United States Senate and the 
     Committee on Resources of the United States House of 
     Representatives and identify the recipient of the grant award 
     or cooperative agreement.
       (5) After a Restoration and Value-Added Center has operated 
     for five years, the Secretary of Agriculture shall assess the 
     center's performance and begin to reduce, by 25 percent 
     annually, the level of Federal funding for the center's 
     operating costs.
       (e) Report.--No later than five years after the date of 
     enactment of this title, the Secretaries shall submit a 
     report to the Committee on Energy and Natural Resources of 
     the United States Senate and the Committee on Resources of 
     the United States House of Representatives, assessing the 
     Restoration and Value-Added Centers created pursuant to this 
     section. The report shall include--
       (1) descriptions of the organizations receiving assistance 
     from the centers, including their geographic and demographic 
     distribution,
       (2) a summary of the projects the technical assistance 
     recipients implemented, and
       (3) an estimate of the number of non-profit organizations, 
     small enterprises, micro-enterprises, or individuals assisted 
     by the Restoration and Value-Added Centers.

     SEC. 206. COMMUNITY-BASED NATIONAL FOREST SYSTEM AND PUBLIC 
                   LANDS RESTORATION.

       (a) Establishment.--
       (1) Notwithstanding Federal procurement laws, the Federal 
     Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 
     et seq.), and the Competition in Contracting Act, the 
     Secretaries shall ensure that a percentage of the total 
     dollar value of contracts and agreements they award in each 
     fiscal year beginning after the date of enactment of this Act 
     are awarded to qualifying entities as follows:
       (A) 10 percent in the first fiscal year;
       (B) 20 percent in the second fiscal year;
       (C) 30 percent in the third fiscal year;
       (D) 40 percent in the fourth fiscal year; and
       (E) 50 percent in the fifth fiscal year and each fiscal 
     year thereafter.
       (2) For purposes of this section:
       (A) The term ``contracts and agreements'' means special 
     salvage timber sale contracts, other timber sale contracts, 
     service contracts, construction contracts, supply contracts, 
     emergency equipment rental agreements, architectural and 
     engineering contracts, challenge cost-share agreements, 
     cooperative agreements, and participating agreements.
       (B) The term ``qualifying entity'' means--
       (i) a natural-resource related small or micro-enterprise;
       (ii) a Youth Conservation Corps crews or related 
     partnerships with State, local and other non-Federal 
     conservation corps;
       (iii) an entity that will hire and train local people to 
     complete the service or timber sale contract;
       (iv) an entity that will re-train non-local traditional 
     forest workers to complete the service or timber sale 
     contract; or
       (v) a local entity that meets the criteria to qualify for 
     the Historically Underutilized Business Zone Program under 
     section 32 of the Small Business Act (15 U.S.C. 657a).
       (b) Notice of National Forest System Plan.--At the 
     beginning of each fiscal year, each unit of the National 
     Forest System shall make its advanced acquisition plan 
     publicly available, including publishing it in a local 
     newspaper for a minimum of 15 working days.
       (c) Best Value Contracting.--In order to implement 
     projects, the Secretaries may select a source for performance 
     of a contract or agreement on a best value basis with 
     consideration of one or more of the following:
       (1) Understanding of the technical demands and complexity 
     of the work to be done.
       (2) Ability of the offeror to meet desired ecological 
     objectives of the project and the sensitivity of the 
     resources being treated.
       (3) The potential for benefit to local small and micro-
     enterprises.
       (4) The past performance and qualification by the 
     contractor with the type of work being done, the application 
     of low-impact equipment, and the ability of the contractor or 
     purchaser to meet desired ecological conditions.
       (5) The commitment of the contractor to training workers 
     for high wage and high skill jobs.
       (6) The commitment of the contractor to hiring highly 
     qualified workers and local residents.

     SEC. 207. NATIONAL FOREST SYSTEM RESEARCH AND TRAINING.

       (a) Establishment of Program.--The Secretary of Agriculture 
     shall establish a program of applied research using the 
     resources of Forest Service Research Station and the Forest 
     Product Laboratory. The purposes of the program shall be to--
       (1) identify restoration methods and treatments that 
     minimize impacts to the land, such as through the use of low-
     impact techniques and equipment; and
       (2) test and develop value-added products created from the 
     by-products of restoration.
       (b) Dissemination of Research to Communities.--The 
     Secretary of Agriculture shall disseminate the applied 
     research to rural communities, including the Restoration and 
     Value-Added Centers, adjacent to or surrounded by National 
     Forest System or public lands. The Secretary of Agriculture 
     shall annually conduct training workshops and classes in such 
     communities to ensure that residents of such communities have 
     access to the information.
       (c) Cooperation.--In establishing the program required 
     pursuant to this section, the Secretary of Agriculture may 
     partner with nonprofit organizations or community colleges.
       (d) Monitoring.--In designing the multiparty monitoring and 
     evaluation process to assess the cumulative accomplishments 
     or adverse impacts of projects implemented under this title 
     pursuant to section 204, the Secretaries shall use the 
     expertise of Forest Service Research Stations.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 209. SMALL BUSINESS ADMINISTRATION.

       Nothing in this title is intended to modify the Small 
     Business Act, Public Law 83-167, regulations promulgated by 
     the Small Business Administration at 13 CFR, Part 121, or 
     affect the Small Business shares prescribed in the Memorandum 
     of Understanding on the Small Business Set Aside Program or 
     the amount of timber volume offered to SBA qualified 
     companies.

        TITLE III--FINGER LAKES NATIONAL FOREST LAND WITHDRAWAL

     SEC. 301. FINGER LAKES NATIONAL FOREST LAND WITHDRAWAL.

       All Federal land within the boundary of Finger Lakes 
     National Forest in the State of New York is withdrawn from 
     all forms of entry, appropriation, or disposal under the 
     public land laws and disposition under all laws relating to 
     oil and gas leasing.

              TITLE IV--ALASKA NAVIGABLE WATERS COMMISSION

     SEC. 401. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The efficient and orderly development of the State of 
     Alaska will be better achieved if the Federal Government 
     joins the State of Alaska in a carefully coordinated approach 
     to identify ownership and jurisdictional interests in land 
     and waters.
       (2) Alaska has abundant water resources that are invaluable 
     to State residents and all citizens of the United States.
       (3) Because of the massive number of navigable waterways 
     and other bodies of water in the State of Alaska, the task of 
     resolving submerged land ownership and navigable water 
     determinations has been very slow, counter-productive from an 
     orderly resource management standpoint, and costly as the 
     State, private landowners, and the Federal Government attempt 
     to initiate long-range planning processes.
       (b) Purposes.--The purposes of this title are:
       (1) To expedite the process of quieting legitimate title to 
     the submerged lands in the State of Alaska;
       (2) To facilitate determinations for purposes of the 
     Submerged Lands Act (43 U.S.C. 1301 et seq.), to the extent 
     possible, which bodies of water in Alaska are navigable 
     waters and which such bodies of water are not navigable 
     waters; and
       (3) To recommend to the State of Alaska and the Federal 
     Government--
       (A) ways to improve the process of making water use and 
     navigability decisions; and
       (B) ways to fairly and expeditiously quiet title to the 
     State's submerged lands and assist in the determination of 
     the specifically reserved lands that will remain in Federal 
     ownership.

     SEC. 402. SHORT TITLE.

       This title may be cited as the `Joint Federal and State 
     Navigable Waters Commission for Alaska Act''.

     SEC. 403. ESTABLISHMENT.

       There is established a commission to be known as the 
     ``Joint Federal and State Navigable Waters Commission for 
     Alaska'' (referred to in this Act as the ``Commission'').

     SEC. 404. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) make recommendations to the Secretary of the Interior 
     and the State of Alaska regarding determinations of bodies of 
     water in the State that are navigable waters for purposes of 
     the Submerged Lands Act (43 U.S.C. 1301 et seq.);
       (2) establish a process for employing established standards 
     to facilitate making such recommendations and determinations;
       (3) develop procedures for involving private landowners, 
     including Alaska Native corporations and the general public, 
     in that process;
       (4) for purposes of making such recommendations, undertake 
     a process to identify navigable waters in Alaska pursuant to 
     established standards and criteria; and
       (5) make recommendations to improve coordination and 
     consultation between the government of the State of Alaska 
     and the Federal Government regarding navigability 
     determinations and decisions concerning title to submerged 
     lands.

     SEC. 405. MEMBERSHIP.

       (a) Number and Appointment.--

[[Page 23204]]

       (1) In general.--The Commission shall be composed of 14 
     members, of which 7 shall be Federal members appointed under 
     subsection (b) and 7 shall be State members appointed under 
     subsection (c).
       (2) Appointment deadline.--Initial appointments under this 
     section shall be made not later than 60 days after the date 
     of enactment of this title.
       (b) Federal Members.--The 7 Federal members shall consist 
     of--
       (1) 2 members appointed by the President of the United 
     States, one of which shall be designated as the President's 
     appointee for the position of Federal co-chair under 
     subsection (e);
       (2) 1 member appointed by each of the three members of the 
     Congress who represent the State of Alaska;
       (3) 1 member appointed by the Secretary of the Interior; 
     and
       (4) 1 member appointed by the Secretary of Agriculture.
       (c) State Members.--The 7 State members shall be appointed 
     in accordance with the requirements of state law.
       (d) Ineligibility for Appointment.--Members of Congress 
     shall not be eligible for appointment to the Commission.
       (e) Co-Chairs.--One of the members appointed by the 
     President of the United States and the Governor or Governor's 
     designee shall serve as co-chairs of the Commission.
       (f) Initial Meeting.--The initial meeting of the Commission 
     shall be called by the co-chairs.
       (g) Term of Appointment.--
       (1) In general.--Subject to paragraph (2), members of the 
     Commission shall be appointed for the life of the Commission.
       (2) Early termination of appointment--
       (A) Membership of a member of the Commission shall 
     terminate if the member is an individual who is an officer or 
     employee of a government body and who ceases to serve as such 
     an officer or employee, or if the member is an individual who 
     is not an officer or employee of a government and who becomes 
     an officer or employee of a government.
       (B) Termination of an individual's membership pursuant to 
     paragraph (A) shall take effect on the expiration of the 90-
     day period beginning on the date such member ceases to be 
     such an officer or employee of such government, or becomes an 
     officer or employee of a government, respectively.
       (h) Quorum.--4 Federal members and 4 State members of the 
     Commission shall constitute a quorum, but a lesser number may 
     conduct meetings. All decisions of the Commission shall 
     require concurrence by at least 4 State members and 4 Federal 
     members of the Commission.
       (i) Vacancy.--A vacancy in the membership of the 
     Commission--
       (1) shall not affect the powers of the Commission to meet 
     or conduct business, subject to subsection (h); and (2) shall 
     be filled in the same manner in which the original 
     appointment was made, by the same appointing authority.

     SEC. 406. COMPENSATION OF THE COMMISSION.

       (a) Pay for Federal Members of the Commission--
       (1) Non-government employees.--Each Federal member of the 
     Commission who is not otherwise an officer or employee of the 
     Federal Government shall be entitled to receive the daily 
     equivalent of the annual rate of basic pay payable for Level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, as in effect from time to time, for each 
     day (including travel time) during which such member is 
     engaged in the actual performance of duties of the 
     Commission.
       (2) Government employees.--A member of the Commission who 
     is an officer or employee of either the government of the 
     State of Alaska or the Federal Government shall serve without 
     additional pay or benefits for service as a member of the 
     Commission.
       (b) Travel Expenses.--Federal members of the Commission 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code. State members of the Commission 
     are entitled to per diem and travel expenses as authorized 
     under pertinent laws of the State of Alaska.

     SEC. 407. POWERS OF THE COMMISSION.

       (a) Hearings and Meetings.--The Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     of the Commission may, for the purposes of carrying out its 
     duties, hold hearings, take testimony, receive evidence, 
     print or otherwise reproduce and distribute all or part of 
     commission proceedings and reports, and sit and act at those 
     times and places as the Commission, subcommittee, or members 
     consider desirable.
       (b) Information for the Commission.--The Commission may 
     obtain directly from any executive agency (as defined in 
     section 105 of title 5 of the United States Code) or court, 
     information necessary to enable it to carry out its duties 
     under this Act. On this request of either co-chair of the 
     Commission, and consistent with applicable law, the head of 
     an executive agency or of a Federal court shall provide such 
     information to the Commission.
       (c) Powers of Members and Agents.--Any member or agent of 
     the Commission may, if authorized by the Commission, take any 
     action which the Commission is authorized to take by this 
     section.
       (d) Volunteer Services.--The Commission may accept 
     volunteer services for the purpose of aiding or facilitating 
     the work of the Commission.
       (e) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (f) Administrative Support Services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this title.
       (g) Contract Authority.--To the extent or in the amounts 
     provided in advance in appropriation Acts, the Commission may 
     contract with and compensate government and private agencies 
     or persons for property or services, without regard to 
     section 3709 of the Revised Statutes (41 U.S.C. 5).

     SEC. 408. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

       (a) Staff.--Subject to rules prescribed by the Commission, 
     the co-chairs may appoint and fix the pay of personnel as 
     they consider appropriate.
       (b) Applicability of Certain Civil Service Laws.--The staff 
     of the Commission may be appointed without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and may be paid 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of that title relating to classification 
     and General Schedule pay rates, except that an individual so 
     appointed may not receive pay in excess of the annual rate of 
     basic pay for GS-15 of the General Schedule.
       (c) Experts and Consultants.--Subject to rules prescribed 
     by the Commission, the co-chairs may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, but at rates for individuals not to 
     exceed the daily equivalent of the maximum annual rate of 
     basic pay for GS-15 of the General Schedule.
       (d) Staff of Federal Agencies.--Upon request of the co-
     chairs, the head of any Federal department or agency may 
     detail, on a reimbursable basis, any of the personnel of that 
     department or agency to the Commission to assist it in 
     carrying out its duties under this title.

     SEC. 409. RELATIONSHIP TO OTHER LAW.

       The Federal Advisory Committee Act (5 App. U.S.C.) shall 
     not apply to the Commission.

     SEC. 410. REPORTS.

       (a) Annual Report.--Not later than January 31 of each year, 
     the Commission shall submit to the President of the United 
     States, the Committee on Energy and Natural Resources of the 
     United States Senate, the Committee on Resources of the House 
     of Representatives, the Governor of the State of Alaska, and 
     the legislature of the State of Alaska a written report 
     describing its activities during the preceding year.
       (b) Final Report.--The Commission shall submit a final 
     comprehensive report to the officials and entities referred 
     to in subsection (a) at least 10 days before the date the 
     Commission terminates.

     SEC. 411. TERMINATION OF THE COMMISSION.

       The Commission is terminated 2 years after the date of 
     completion of appointment of all members of the Commission.

               TITLE V--LAND CONVEYANCE TO HAINES, OREGON

     SEC. 501. CONVEYANCE TO THE CITY OF HAINES, OREGON.

       (a) Conveyance.--As soon as practicable after the date of 
     enactment of this title, the Secretary of the Interior shall 
     convey, without consideration, all right, title, and interest 
     of the United States in and to the parcel of land described 
     in subsection (b) to the city of Haines, Oregon.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the parcel of Bureau of Land Management 
     land consisting of approximately 40 acres, as indicated on 
     the map entitled ``S. 1907: Conveyance to the City of Haines, 
     Oregon'' and dated May 9, 2002.
                                 ______
                                 
  SA 4977. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 2222, to resolve certain conveyances and provide for 
alternative land selections under the Alaska Native Claims Settlement 
Act related to Cape Fox Corporation and Sealaska Corporation, and for 
other purposes, as follows:

       Strike all after the enacting clause and insert:

           TITLE I--CAPE FOX LAND ENTITLEMENT ADJUSTMENT ACT

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Cape Fox Land Entitlement 
     Adjustment Act of 2002''.

     SEC. 102. FINDINGS.

       Congress finds that:
       (1) Cape Fox Corporation (Cape Fox) is an Alaska Native 
     Village Corporation organized pursuant to the Alaska Native 
     Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for 
     the Native Village of Saxman.

[[Page 23205]]

       (2) As with other ANCSA village corporations in Southeast 
     Alaska, Cape Fox was limited to selecting 23,040 acres under 
     section 16 of ANCSA.
       (3) Except for Cape Fox, all other Southeast Alaska ANCSA 
     village corporations were restricted from selecting within 
     two miles of a home rule city.
       (4) To protect the watersheds in the vicinity of Ketchikan, 
     Cape Fox was restricted from selecting lands within six miles 
     from the boundary of the home rule City of Ketchikan under 
     section 22(1) of ANCSA (43 U.S.C. 1621(1)).
       (5) The six mile restriction damaged Cape Fox by precluding 
     the corporation from selecting valuable timber lands, 
     industrial sites, and other commercial property, not only in 
     its core township but in surrounding lands far removed from 
     Ketchikan and its watershed.
       (6) As a result of the six mile restriction, only the 
     remote mountainous northeast corner of Cape Fox's core 
     township, which is nonproductive and of no known economic 
     value, was available for selection by the corporation. 
     Selection of this parcel was, however, mandated by section 
     16(b) of ANCSA (43 U.S.C. 1615(b)).
       (7) Cape Fox's land selections were further limited by the 
     fact that the Annette Island Indian Reservation is within its 
     selection area, and those lands were unavailable for ANCSA 
     selection. Cape Fox is the only ANCSA village corporation 
     affected by this restriction.
       (8) Adjustment of Cape Fox's selections and conveyances of 
     land under ANCSA requires adjustment of Sealaska 
     Corporation's (Sealaska) selections and conveyances to avoid 
     creation of additional split estate between National Forest 
     System surface lands and Sealaska subsurface lands.
       (9) There is an additional need to resolve existing areas 
     of Sealaska/Tongass split estate, in which Sealaska holds 
     title or conveyance rights to several thousand acres of 
     subsurface lands that encumber management of Tongass National 
     Forest surface lands.
       (10) The Tongass National Forest lands identified in this 
     Act for selection by and conveyance to Cape Fox and Sealaska, 
     subject to valid existing rights, provide a means to resolve 
     some of the Cape Fox and Sealaska ANCSA land entitlement 
     issues without significantly affecting Tongass National 
     Forest resources, uses or values.
       (11) Adjustment of Cape Fox's selections and conveyances of 
     land under ANCSA through the provisions of this Act, and the 
     related adjustment of Sealaska's selections and conveyances 
     hereunder, are in accordance with the purposes of ANCSA and 
     otherwise in the public interest.

     SEC. 103. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN 
                   LANDS.

       Notwithstanding the provisions of section 16(b) of ANCSA 
     (43 U.S.C. 1615(b)), Cape Fox shall not be required to select 
     or receive conveyance of approximately 160 acres of federal 
     unconveyed lands within Section 1, T. 75 S., R. 91 E., C.R.M.

     SEC. 104. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.

       (a) Selection and Conveyance of Surface Estate.--In 
     addition to lands made available for selection under ANCSA, 
     within 24 months after the date of enactment of this title, 
     Cape Fox may select, and, upon receiving written notice of 
     such selection, the Secretary of the Interior shall convey 
     approximately 99 acres of the surface estate of Tongass 
     National Forest lands outside Cape Fox's current exterior 
     selection boundary, specifically that parcel described as 
     follows:
       (1) T. 73 S., R. 90 E., C.R.M.
       (2) Section 33: SW portion of SE\1/4\: 38 acres.
       (3) Section 33: NW portion of SE\1/4\: 13 acres.
       (4) Section 33: SE\1/4\ of SE\1/4\: 40 acres.
       (5) Section 33: SE\1/4\ of SW\1/4\: 8 acres.
       (b) Conveyance of Subsurface Estate.--Upon conveyance to 
     Cape Fox of the surface estate to the lands identified in 
     subsection (a), the Secretary of the Interior shall convey to 
     Sealaska the subsurface estate to the lands.
       (c) Timing.--The Secretary of the Interior shall complete 
     the interim conveyances to Cape Fox and Sealaska under this 
     section within 180 days after the Secretary of the Interior 
     receives notice of the Cape Fox selection under subsection 
     (a).

     SEC. 105. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS 
                   NATIONAL FOREST.

       (a) General.--The Secretary of Agriculture shall offer, and 
     if accepted by Cape Fox, shall exchange the federal lands 
     described in subsection (b) for lands and interests therein 
     identified by Cape Fox under subsection (c) and, to the 
     extent necessary, lands and interests therein identified 
     under subsection (d).
       (b) Lands To Be Exchanged to Cape Fox.--The lands to be 
     offered for exchange by the Secretary of Agriculture are 
     Tongass National Forest lands comprising approximately 
     2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 
     62 E., C.R.M., as designated upon a map entitled ``Proposed 
     Kensington Project Land Exchange,'' dated March 18, 2002, and 
     available for inspection in the Forest Service Region 10 
     regional office in Juneau, Alaska.
       (c) Lands To Be Exchanged to the United States.--Cape Fox 
     shall be entitled, within 60 days after the date of enactment 
     of this Act, to identify in writing to the Secretaries of 
     Agriculture and the Interior the lands and interests in lands 
     that Cape Fox proposes to exchange for the federal lands 
     described in subsection (b). The lands and interests in lands 
     shall be identified from lands previously conveyed to Cape 
     Fox comprising approximately 2,900 acres and designated as 
     parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled 
     ``Cape Fox Corporation ANCSA Land Exchange Proposal,'' dated 
     March 15, 2002, and available for inspection in the Forest 
     Service Region 10 regional office in Juneau, Alaska. Lands 
     identified for exchange within each parcel shall be 
     contiguous to adjacent National Forest System lands and in 
     reasonably compact tracts. The lands identified for exchange 
     shall include a public trail easement designated as D on said 
     map, unless the Secretary of Agriculture agrees otherwise. 
     The value of the easement shall be included in determining 
     the total value of lands exchanged to the United States.
       (d) Valuation of Exchange Lands.--The Secretary of 
     Agriculture shall determine whether the lands identified by 
     Cape Fox under subsection (c) are equal in value to the lands 
     described in subsection (b). If the lands identified under 
     subsection (c) are determined to have insufficient value to 
     equal the value of the lands described in subsection (b), 
     Cape Fox and the Secretary shall mutually identify additional 
     Cape Fox lands for exchange sufficient to equalize the value 
     of lands conveyed to Cape Fox. Such land shall be contiguous 
     to adjacent National Forest System lands and in reasonably 
     compact tracts.
       (e) Conditions.--The offer and conveyance of Federal lands 
     to Cape Fox in the exchange shall, notwithstanding section 
     14(f) of ANCSA, be of the surface and subsurface estate, but 
     subject to valid existing rights and all other provisions of 
     section 14(g) of ANCSA.
       (f) Timing.--The Secretary of Agriculture shall attempt, 
     within 90 days after the date of enactment of this title, to 
     enter into an agreement with Cape Fox to consummate the 
     exchange consistent with this title. The lands identified in 
     the exchange agreement shall be exchanged by conveyance at 
     the earliest possible date after the exchange agreement is 
     signed. Subject only to conveyance from Cape Fox to the 
     United States of all its rights, title and interests in the 
     Cape Fox lands included in the exchange consistent with this 
     title, the Secretary of the Interior shall complete the 
     interim conveyance to Cape Fox of the federal lands included 
     in the exchange within 180 days after the execution of the 
     exchange agreement by Cape Fox and the Secretary of 
     Agriculture.

     SEC. 106. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS 
                   NATIONAL FOREST.

       (a) General.--Upon conveyance of the Cape Fox lands 
     included in the exchange under section 105 and conveyance and 
     relinquishment by Sealaska in accordance with this title of 
     the lands and interests in lands described in subsection (c), 
     the Secretary of the Interior shall convey to Sealaska the 
     federal lands identified for exchange under subsection (b).
       (b) Lands To Be Exchanged to Sealaska.--The lands to be 
     exchanged to Sealaska are to be selected by Sealaska from 
     Tongass National Forest lands comprising approximately 9,329 
     acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., 
     C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon 
     a map entitled ``Proposed Sealaska Corporation Land Exchange 
     Kensington Lands Selection Area,'' dated April 2002 and 
     available for inspection in the Forest Service Region 10 
     Regional Office in Juneau, Alaska. Within 60 days after 
     receiving notice of the identification by Cape Fox of the 
     exchange lands under Section 105(c), Sealaska shall be 
     entitled to identify in writing to the Secretaries of 
     Agriculture and the Interior the lands that Sealaska selects 
     to receive in exchange for the Sealaska lands described in 
     subsection (c). Lands selected by Sealaska shall be in no 
     more than two contiguous and reasonably compact tracts that 
     adjoin the lands described for exchange to Cape Fox in 
     section 105(b). The Secretary of Agriculture shall determine 
     whether these selected lands are equal in value to the lands 
     described in subsection (c) and may adjust the amount of 
     selected lands in order to reach agreement with Sealaska 
     regarding equal value. The exchange conveyance to Sealaska 
     shall be of the surface and subsurface estate in the lands 
     selected and agreed to by the Secretary but subject to valid 
     existing rights and all other provisions of section 14(g) of 
     ANCSA.
       (c) Lands To Be Exchanged to the United States.--The lands 
     and interests therein to be exchanged by Sealaska are the 
     subsurface estate underlying the Cape Fox exchange lands 
     described in section 105(c), an additional approximately 
     2,506 acres of the subsurface estate underlying Tongass 
     National Forest surface estate, described in Interim 
     Conveyance No. 1673, and rights to be additional 
     approximately 2,698 acres of subsurface estate of Tongass 
     National Forest lands remaining to be conveyed to Sealaska 
     from Group 1, 2 and 3 lands as set forth in the Sealaska 
     Corporation/United States Forest Service 3 lands as set forth 
     in the Sealaska Corporation/United States Forest

[[Page 23206]]

     Service Split Estate Exchange Agreement of November 26, 1991, 
     at Schedule B, as modified on January 20, 1995.
       (d) Timing.--The Secretary of Agriculture shall attempt, 
     within 90 days after receipt of the selection of lands by 
     Sealaska under subsection (b), to enter into an agreement 
     with Sealaska to consummate the exchange consistent with this 
     title. The lands identified in the exchange agreement shall 
     be exchanged by conveyance at the earliest possible date 
     after the exchange agreement is signed. Subject only to the 
     Cape Fox and Sealaska conveyances and relinquishments 
     described in subsection (a), the Secretary of the Interior 
     shall complete the interim conveyance to Sealaska of the 
     federal lands selected for exchange within 180 days after 
     execution of the agreement by Sealaska and the Secretary of 
     Agriculture.
       (e) Modification of Agreement.--The executed exchange 
     agreement under this section shall be considered a further 
     modification of the Sealaska Corporation/United States Forest 
     Service Split Estate Exchange Agreement, as ratified in 
     section 17 of Public Law 102-415 (October 14, 1992).

     SEC. 107. MISCELLANEOUS PROVISIONS.

       (a) Equal Value Requirement.--The exchanges described in 
     this title shall be of equal value. Cape Fox and Sealaska 
     shall have the opportunity to present to the Secretary of 
     Agriculture estimates of value of exchange lands with the 
     Secretary of Agriculture estimates of value of exchange lands 
     with supporting information.
       (b) Title.--Cape Fox and Sealaska shall convey and provide 
     evidence of title satisfactory to the Secretary of 
     Agriculture for their respective lands to be exchanged to the 
     United States under this title, subject only to exceptions, 
     reservations and encumbrances in the interim conveyance or 
     patent from the United States or otherwise acceptable to the 
     Secretary of Agriculture.
       (c) Hazardous Substances.--Cape Fox, Sealaska, and the 
     United States each shall not be subject to liability for the 
     presence of any hazardous substance in land or interests in 
     land solely as a result of any conveyance or transfer of the 
     land or interests under this title.
       (d) Effect on ANCSA Selections.--Any conveyance of federal 
     surface or subsurface lands to Cape Fox or Sealaska under 
     this title shall be considered, for all purposes, land 
     conveyed pursuant to ANCSA. Nothing in this title shall be 
     construed to change the total acreage of land entitlement of 
     Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska shall 
     remain charged for any lands they exchange under this title 
     and any lands conveyed pursuant to section 4, but shall not 
     be charged for any lands received under section 5 or section 
     6. The exchanges described in this title shall be considered, 
     for all purposes, actions which lead to the issuance of 
     conveyances to Native Corporations pursuant to ANCSA. Lands 
     or interests therein transferred to the United States 
     pursuant to ANCSA. Lands or interests therein transferred to 
     the United States under this title shall become and be 
     administered as part of the Tongass National Forest.
       (e) Effect on Statehood Selections.--Lands conveyed to or 
     selected by the State of Alaska under the Alaska Statehood 
     Act (Public Law 85-508; 72 Stat. 339; 48 U.S.C. note prec. 
     21) shall not be eligible for selection or conveyance under 
     this title without the consent of the State of Alaska.
       (f) Maps.--The maps referred to in this title shall be 
     maintained on file in the Forest Service Region 10 Regional 
     Office in Juneau, Alaska. The acreages cited in this title 
     are approximate, and if there is any discrepancy between 
     cited acreage and the land depicted on the specified maps, 
     the maps shall control. The maps do not constitute an attempt 
     by the United States to convey State or private land.
       (g) Easements.--Notwithstanding section 17(b) of ANCSA, 
     federal lands conveyed to Cape Fox or Sealaska pursuant to 
     this title shall be subject only to the reservation of public 
     easements mutually agreed to and set forth in the exchange 
     agreements executed under this title. The easements shall 
     include easements necessary for access across the lands 
     conveyed under this title for use of national forest or other 
     public lands.
       (h) Old Growth Reserves.--The Secretary of Agriculture 
     shall add an equal number of acres to old growth reserves on 
     the Tongass National Forest as are transferred out of Federal 
     ownership as a result of this title.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       (a) Department of Agriculture.--There are authorized to be 
     appropriated to the Secretary of Agriculture such sums as may 
     be necessary for value estimation and related costs of 
     exchanging lands specified in this title, and for road 
     rehabilitation, habitat and timber stand improvement, 
     including thinning and pruning, on lands acquired by the 
     United States under this title.
       (b) Department of the Interior.--There are authorized to be 
     appropriated to the Secretary of the Interior such sums as 
     may be necessary for land surveys and conveyances pursuant to 
     this title.

           TITLE II--LAND CONVEYANCE TO CLARK COUNTY, NEVADA

     SECTION 201. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.

       (a) Findings.--Congress finds that--
       (1) the Las Vegas area has experienced such rapid growth in 
     the last few years that traditional locations for target 
     shooting are now too close to populated areas for safety;
       (2) there is a need to designate a centralized location in 
     the Las Vegas valley where target shooters can practice 
     safely; and
       (3) a central facility is also needed for persons training 
     in the use of firearms, such as local law enforcement and 
     security personnel.
       (b) Purposes.--The purposes of this title are--
       (1) to provide a suitable location for the establishment of 
     a centralized shooting facility in the Las Vegas valley; and
       (2) to provide the public with--
       (A) opportunities for education and recreation; and
       (B) a location for competitive events and marksmanship 
     training.
       (c) Conveyance.--As soon as practicable after the date of 
     enactment of this title, the Secretary of the Interior shall 
     convey to Clark County, Nevada, subject to valid existing 
     rights, for no consideration, all right, title, and interest 
     of the United States in and to the following parcels of land:
       (1) the approximately 640 acres of land depicted as ``Site 
     Location'' on the map entitled ``Shooting Range, Las Vegas 
     Valley'' and dated October 2, 2002 (hereinafter referred to 
     as the ``Map''), to be conveyed under the Recreation and 
     Public Purposes Act (43 U.S.C. 869), notwithstanding 
     subsection (b) of the Act, to the extent there is any 
     conflict with this subsection; and
       (2) the approximately 2,240 acres of land depicted as 
     ``Open Space'' on the Map.
       (d) Use of Land.--
       (1) Shooting range.--The land depicted as ``Site Location'' 
     on the Map shall be used by Clark County for the purposes 
     described in subsection (b) only.
       (2) Open space.--The land depicted as ``Open Space'' on the 
     Map shall be used by Clark County solely to provide open 
     space, wildlife habitat, and a buffer around the shooting 
     range facility.
       (3) Disposal.--None of the land conveyed under subsection 
     (c) shall be disposed of by the County.
       (4) Reversion.--If Clark County ceases to use any parcel 
     for the purposes described in this subsection, or attempts to 
     dispose of any parcel, title to the parcel shall revert to 
     the United States, at the option of the United States.
       (e) 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.

      TITLE III--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

     SECTION 301. SHORT TITLE.

       This Act may be cited as the ``Blunt Reservoir and Pierre 
     Canal Land Conveyance Act of 2002''.

     SEC. 302. BLUNT RESERVOIR AND PIERRE CANAL.

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

[[Page 23207]]

       (B) is not under lease as of the date of enactment of this 
     Act.
       (b) Deauthorization.--The Blunt Reservoir feature is 
     deauthorized.
       (c) Acceptance of Land and Obligations.--
       (1) In general.--As a condition of each conveyance under 
     subsections (d)(5) and (e), respectively, the State shall 
     agree to accept--
       (A) in ``as is'' condition, the portions of the Blunt 
     Reservoir Feature and the Pierre Canal Feature that pass into 
     State ownership;
       (B) any liability accruing after the date of conveyance as 
     a result of the ownership, operation, or maintenance of the 
     features referred to in subparagraph (A), including liability 
     associated with certain outstanding obligations associated 
     with expired easements, or any other right granted in, on, 
     over, or across either feature; and
       (C) the responsibility that the Commission will act as the 
     agent for the Secretary in administering the purchase option 
     extended to preferential leaseholders under subsection (d).
       (2) Responsibilities of the state.--An outstanding 
     obligation described in paragraph (1)(B) shall inure to the 
     benefit of, and be binding upon, the State.
       (3) Oil, gas, mineral and other outstanding rights.--A 
     conveyance to the State under subsection (d)(5) or (e) or a 
     sale to a preferential leaseholder under subsection (d) shall 
     be made subject to--
       (A) oil, gas, and other mineral rights reserved of record, 
     as of the date of enactment of this Act, by or in favor of a 
     third party; and
       (B) any permit, license, lease, right-of-use, or right-of-
     way of record in, on, over, or across a feature referred to 
     in paragraph (1)(A) that is outstanding as to a third party 
     as of the date of enactment of this Act.
       (4) Additional conditions of conveyance to state.--A 
     conveyance to the state under subsection (d)(5) or (e) shall 
     be subject to the reservations by the United States and the 
     conditions specified in section 1 of the Act of May 19, 1948 
     (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
     the transfer of property to state agencies for wildlife 
     conservation purposes.
       (d) Purchase Option.--
       (1) In general.--A preferential leaseholder shall have an 
     option to purchase from the Commission, acting as an agent 
     for the Secretary, the preferential lease parcel that is the 
     subject of the lease.
       (2) Terms.--
       (A) In general.--Except as provided in subparagraph (B), a 
     preferential leaseholder may elect to purchase a parcel on 1 
     of the following terms:
       (i) Cash purchase for the amount that is equal to--
       (I) the value of the parcel determined under paragraph (4); 
     minus
       (II) 10 percent of that value.
       (ii) Installment purchase, with 10 percent of the value of 
     the parcel determined under paragraph (4) to be paid on the 
     date of purchase and the remainder to be paid over not more 
     than 30 years at 3 percent annual interest.
       (B) Value under $10,000.--If the value of the parcel is 
     under $10,000, the purchase shall be made on a cash basis in 
     accordance with subparagraph (A)(i).
       (3) Option exercise period.--
       (A) In general.--A preferential leaseholder shall have 
     until the date that is 5 years after enactment of this title 
     to exercise the option under paragraph (1).
       (B) Continuation of leases.--Until the date specified in 
     subparagraph (A), a preferential leaseholder shall be 
     entitled to continue to lease from the Secretary the parcel 
     leased by the preferential leaseholder under the same terms 
     and conditions as under the lease, as in effect as of the 
     date of enactment of this Act.
       (4) Valuation.--
       (A) In general.--The value of a preferential lease parcel 
     shall be its fair market value for agricultural purposes 
     determined by an independent appraisal, exclusive of the 
     value of private improvements made by the leaseholders while 
     the land was federally owned before the date of the enactment 
     of this title, in conformance with the Uniform Appraisal 
     Standards for Federal Land Acquisition.
       (B) Fair market value.--Any dispute over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (5) Conveyance to the state.--
       (A) In general.--If a preferential leaseholder fails to 
     purchase a parcel within the period specified in paragraph 
     (3)(A), the Secretary shall convey the parcel to the State of 
     South Dakota Department of Game, Fish, and Parks.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (6) Use of proceeds.--Proceeds of sales of land under this 
     title shall be deposited as miscellaneous funds in the 
     Treasury and such funds shall be made available, subject to 
     appropriations, to the State for the establishment of a trust 
     fund to pay the county taxes on the lands received by the 
     State Department of Game, Fish, and Parks under the bill.
       (e) Conveyance of Nonpreferential Lease Parcels and 
     Unleased Parcels.--
       (1) Conveyance by secretary to state.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall convey to the 
     South Dakota Department of Game, Fish, and Parks the 
     nonpreferential lease parcels and unleased parcels of the 
     Blunt Reservoir and Pierre Canal.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (2) Land exchanges for nonpreferential lease parcels and 
     unleased parcels.--
       (A) In general.--With the concurrence of the South Dakota 
     Department of Game, Fish, and Parks, the South Dakota 
     Commission of Schools and Public Lands may allow a person to 
     exchange land that the person owns elsewhere in the State for 
     a nonpreferential lease parcel or unleased parcel at Blunt 
     Reservoir or Pierre Canal, as the case may be.
       (B) Priority.--The right to exchange nonpreferential lease 
     parcels or unleased parcels shall be granted in the following 
     order or priority:
       (i) Exchanges with current lessees for nonpreferential 
     lease parcels.
       (ii) Exchanges with adjoining and adjacent landowners for 
     unleased parcels and nonpreferential lease parcels not 
     exchanged by current lessees.
       (C) Easement for water conveyance structure.--As a 
     condition of the exchange of land of the Pierre Canal Feature 
     under this paragraph, the United States reserves a perpetual 
     easement to the land to allow for the right to design, 
     construct, operate, maintain, repair, and replace a pipeline 
     or other water conveyance structure over, under, across, or 
     through the Pierre Canal Feature.
       (f) Release From Liability.--
       (1) In general.--Effective on the date of conveyance of any 
     parcel under this title, the United States shall not be held 
     liable by any court for damages of any kind arising out of 
     any act, omission, or occurrence relating to the parcel, 
     except for damages for acts of negligence committed by the 
     United States or by an employee, agent, or contractor of the 
     United States, before the date of conveyance.
       (2) No additional liability.--Nothing in this section adds 
     to any liability that the United States may have under 
     chapter 171 of title 28, United States Code (commonly known 
     as the ``Federal Tort Claims Act'').
       (g) Requirements Concerning Conveyance of Lease Parcels.--
       (1) Interim requirements.--During the period beginning on 
     the date of enactment of this title and ending on the date of 
     conveyance of the parcel, the Secretary shall continue to 
     lease each preferential lease parcel or nonpreferential lease 
     parcel to be conveyed under this section under the terms and 
     conditions applicable to the parcel on the date of enactment 
     of this title.
       (2) Provision of parcel descriptions.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall provide the State a full legal description of all 
     preferential lease parcels and nonpreferential lease parcels 
     that may be conveyed under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act $750,000 to 
     reimburse the Secretary for expenses incurred in implementing 
     this title, and such sums as are necessary to reimburse the 
     Commission for expenses incurred implementing this title, not 
     to exceed 10 percent of the cost of each transaction 
     conducted under this title.

    TITLE IV--GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Glen Canyon National 
     Recreation Area Boundary Revision Act of 2002''.

     SEC. 402. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY 
                   REVISION.

       (a) In General.--The first section of Public Law 92-593 (16 
     U.S.C. 460dd; 86 Stat. 1311) is amended--
       (1) by striking ``That in'' and inserting ``Section 1. (a) 
     In''; and
       (2) by adding at the end the following:
       (b) In addition to the boundary change authority under 
     subsection (a), the Secretary may acquire approximately 152 
     acres of private land in exchange for approximately 370 acres 
     of land within the boundary of Glen Canyon National 
     Recreation Area, as generally depicted on the map entitled 
     ``Page One Land Exchange Proposal'', number 608/60573a-2002, 
     and dated May 16, 2002. The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service. Upon conclusion of the exchange, 
     the boundary of the recreation area shall be revised to 
     reflect the exchange.
       (c) Change in Acreage Ceiling.--Such section is further 
     amended by striking ``one million two hundred and thirty-six 
     thousand

[[Page 23208]]

     eight hundred and eighty acres'' and inserting ``1,256,000 
     acres''.

                      TITLE V--WILD SKY WILDERNESS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Wild Sky Wilderness Act of 
     2002''.

     SEC. 502. FINDINGS AND STATEMENT OF POLICY.

       (a) Findings.--Congress finds the following:
       (1) Americans cherish the continued existence of diverse 
     wilderness ecosystems and wildlife found on their Federal 
     lands and share a strong sense of moral responsibility to 
     protect their wilderness heritage as an enduring resource to 
     cherish, protect, and bequeath undisturbed to future 
     generations of Americans.
       ( 2) The values an area of wilderness offer to this and 
     future generations of Americans are greatly enhanced to the 
     degree that the area is diverse in topography, elevation, 
     life zones and ecosystems, and to the extent that it offers a 
     wide range of outdoor recreational and educational 
     opportunities accessible in all seasons of the year.
       (3) Large blocks of wildlands embracing a wide range of 
     ecosystems and topography, including low-elevation forests, 
     have seldom remained undisturbed due to many decades of 
     development.
       (4) Certain wildlands on the western slope of the Cascade 
     Range in the Skykomish River valley of the State of 
     Washington offer an outstanding representation of the 
     original character of the forested landscape, ranging from 
     high alpine meadows and extremely rugged peaks to low-
     elevation mature and old-growth forests, including groves 
     with some of the largest and most spectacular trees in 
     Washington, with diameters of eight feet and larger.
       (5) These diverse, thickly forested mountain slopes and 
     valleys of mature and old-growth trees in the Skykomish River 
     valley harbor nearly the full complement of the original 
     wildlife and fish species found by settlers of the 19th 
     century, including mountain goats, bald eagles, black bear, 
     pine marten, black-tailed deer, as well as rare and 
     endangered wildlife such as northern spotted owls and 
     goshawks, Chinook and Coho salmon, and steelhead and bull 
     trout.
       (6) An ecologically and topographically diverse wilderness 
     area in the Skykomish River valley accessible in all seasons 
     of the year will be enjoyable to users of various kinds, such 
     as hikers, horse riders, hunters, anglers, and educational 
     groups, but also to the many who cherish clean water and 
     clean air, fish and wildlife (including endangered species 
     such as wild salmon), and pristine mountain and riverside 
     scenery.
       (b) Statement of Policy.--Congress hereby declares that it 
     is the policy of the United States--
       (1) to better serve the diverse wilderness and 
     environmental education needs of the people of the State of 
     Washington and its burgeoning metropolitan regions by 
     granting wilderness protection to certain lower elevation 
     wildlands in the Skykomish River valley of the State of 
     Washington; and
       (2) to protect additional lands adjacent to the Henry M. 
     Jackson Wilderness designated by the Washington Wilderness 
     Act of 1984 (Public Law 98-339), in further tribute to the 
     ecologically enlightened vision of the distinguished Senator 
     from the State of Washington and former Chairman of the 
     Senate Committee on Energy and Natural Resources (formerly 
     the Senate Interior and Insular Affairs Committee).

     SEC. 503. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--The following Federal lands in the State of 
     Washington are hereby designated as wilderness and, 
     therefore, as components of the National Wilderness 
     Preservation System: Certain lands which compromise 
     approximately 106,000 acres, as generally depicted on a map 
     entitled ``Wild Sky Wilderness Proposal'', dated August 2002, 
     which shall be known as the Wild Sky Wilderness.
       (b) Maps and Legal Descriptions.--As soon as practicable 
     after the date of enactment of this Act, the Secretary of 
     Agriculture shall file a map and a legal description for the 
     wilderness area designated under this Act with the Committee 
     on Energy and Natural Resources of the United States Senate 
     and the Committee on Resources of the United States House of 
     Representatives. The map and description shall have the same 
     force and effect as if included in this title, except that 
     the Secretary of Agriculture may correct clerical and 
     typographical errors in the legal description and map. The 
     map and legal description shall be on file and available for 
     public inspection in the office of the Chief of the Forest 
     Service, Department of Agriculture.

     SEC. 504. ADMINISTRATIVE PROVISIONS.

       (a) In General.--Subject to valid existing rights, lands 
     designated as wilderness by this title shall be managed by 
     the Secretary of Agriculture in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and this title, 
     except that, with respect to any wilderness areas designated 
     by this Act, any reference in the Wilderness Act to the 
     effective date of the Wilderness Act shall be deemed to be a 
     reference to the date of enactment of this title.
       (b) New Trails.--
       (1) The Secretary of Agriculture shall consult with 
     interested parties and shall establish a hiking trail plan 
     designed to develop a system of hiking trails within or 
     adjacent to or to provide access to the wilderness designated 
     by this Act in a manner consistent with the Wilderness Act, 
     Public Law 88-577 (16 U.S.C. 1131 et seq.).
       (2) Within two years after the date of enactment of this 
     Act, the Secretary of Agriculture shall complete a report on 
     the implementation of the hiking trail plan required under 
     this title. This report shall include the identification of 
     priority hiking trails for development.
       (c) Repeater Site.--Within the Wild Sky Wilderness, the 
     Secretary of Agriculture is authorized to use helicopter 
     access to construct and maintain a single communication 
     repeater site to be used jointly by the Forest Service and 
     Washington State's Snohomish County government to provide 
     improved communication for safety and health purposes in a 
     manner compatible with the preservation of the wilderness 
     environment.
       (d) Float Plane Access.--As provided by Section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of 
     floatplanes on Lake Isabel, where such use has already become 
     established, shall be permitted to continue subject to such 
     reasonable restrictions as the Secretary of Agriculture deems 
     desirable.

     SEC. 505. AUTHORIZATION FOR LAND ACQUISITION.

       (a)(1) In General.--The Secretary of Agriculture is 
     authorized to acquire lands and interests therein, by 
     purchase, donation, or exchange, and shall give priority 
     consideration to those lands identified as ``Priority 
     Acquisition Lands'' on the map entitled ``Wild Sky Wilderness 
     Proposal'', dated August 2002. The boundaries of the 
     Snoqualmie National Forest and the Wild Sky Wilderness shall 
     be adjusted to encompass any land acquired pursuant to this 
     section.
       (2) Corridor.--Upon the acquisition by the Secretary of 
     Agriculture of the two Priority Acquisition Lands parcels 
     adjacent to the lands identified as the Corridor on the map 
     entitled ``Wild Sky Wilderness Proposal'', date August 2002, 
     the boundary of the Wild Sky Wilderness shall be adjusted to 
     encompass the Corridor.
       (b) Access.--Consistent with section 5(a) of the Wilderness 
     Act (Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of 
     Agriculture shall assure adequate access to private 
     inholdings within the Wild Sky Wilderness.
       (c) Appraisal.--Valuation of private lands shall be 
     determined without reference to any restrictions on access or 
     use which arise out of designation as a wilderness area as a 
     result of this title.

     SEC. 506. LAND EXCHANGES.

       The Secretary of Agriculture shall exchange lands and 
     interests in lands, as generally depicted on a map entitled 
     Chelan County Public Utility District Exchange and dated May 
     22, 2002, with the Chelan County Public Utility District in 
     accordance with the following provisions:
       (1) If the Chelan County Public Utility District, within 
     ninety days after the date of enactment of this Act, offers 
     to the Secretary of Agriculture approximately 371.8 acres 
     within the Snoqualmie National Forest in the State of 
     Washington, the Secretary shall accept such lands.
       (2) Upon acceptance of title by the Secretary of 
     Agriculture to such lands and interests therein, the 
     Secretary of Agriculture shall convey to the Chelan County 
     Public Utility District a permanent easement, including 
     helicopter access, consistent with such levels as used as of 
     date of enactment, to maintain an existing snowtel site on 
     1.82 acres on the Wenatchee National Forest in the State of 
     Washington.
       (3) The exchange directed by this Act shall be consummated 
     if Chelan County Public Utility District conveys title 
     acceptable to the Secretary and provided there is no 
     hazardous material on the site, which is objectionable to the 
     Secretary.
       (4) In the event Chelan County Public Utility District 
     determines there is no longer a need to maintain a snowtel 
     site to monitor the snow pack for calculating expected runoff 
     into the Lake Chelan hydroelectric project and the 
     hydroelectric projects in the Columbia River Basin, the 
     secretary shall be notified in writing and the easement shall 
     be extinguished and all rights conveyed by this exchange 
     shall revert to the United States.

           TITLE VI--CONVEYANCE TO THE CITY OF CRAIG, ALASKA

     SECTION 601. SHORT TITLE.

       This title may be cited as the ``Craig Recreation Land 
     Purchase Act''.

     SEC. 602. AUTHORIZATION FOR CONVEYANCE.

       If the City of Craig, Alaska, (``City'') tenders all right, 
     title and interest of the City in and to the municipal lands 
     identified on the map entitled ``Sunnahae Property and 
     Trail,'' dated April 22, 1992 and labeled Attachment A, to 
     the Secretary of Agriculture (``Secretary'') within six 
     months of the date the City receives the results of the 
     appraisal conducted pursuant to section 4, the Secretary 
     shall accept such tender.

     SEC. 603. ACQUISITION OF LAND BY THE CITY OF CRAIG.

       (a) Funds received by the City under section 2 shall be 
     used by the City for the purchase of lands shown on the map 
     entitled ``Wards Cove Property,'' dated March 24, 1969 and 
     labeled attachment B.
       (b) The purchase of lands by the City under subsection (a) 
     shall be for an amount equal

[[Page 23209]]

     to the appraised value of the lands conveyed to the Secretary 
     by the City, except that the Secretary and the City may 
     equalize the values by adjusting acreage or by payments not 
     to exceed $100,000.

     SEC. 604. APPRAISAL.

       Prior to any conveyance, the Secretary shall conduct an 
     appraisal of the lands identified for conveyance by the City 
     in accordance with the United States Department of Justice 
     Uniform Standards of Appraisal and shall notify the City of 
     the results of the appraisal.

     SEC. 605. MANAGEMENT OF CONVEYED LANDS.

       Lands received by the Secretary shall be included in the 
     Tongass National Forest and shall be managed in accordance 
     with the laws, regulations, and forest plan applicable to the 
     Tongass National Forest.

     SEC. 606. AUTHORIZATION.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this title.
                                 ______
                                 
  SA 4978. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill S. 2556, to authorize the Secretary of the Interior to convey 
certain facilities to the Fremont-Madison Irrigation District in the 
State of Idaho; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

                  TITLE I--FREMONT-MADISON CONVEYANCE

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Fremont-Madison Conveyance 
     Act''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) District.--The term ``District'' means the Fremont-
     Madison Irrigation District, an irrigation district organized 
     under the law of the State of Idaho.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 103. CONVEYANCE OF FACILITIES.

       (a) Conveyance Requirement.--The Secretary of the Interior 
     shall convey to the Fremont-Madison Irrigation District, 
     Idaho, pursuant to the terms of the memorandum of agreement 
     (MOA) between the District and the Secretary (Contract No. 
     1425-0901-09MA-0910-093310), all right, title, and interest 
     of the United States in and to the canals, laterals, drains, 
     and other components of the water distribution and drainage 
     system that is operated or maintained by the District for 
     delivery of water to and drainage of water from lands within 
     the boundaries of the District as they exist upon the date of 
     enactment of this Act, consistent with section 108.
       (b) Report.--If the Secretary has not completed any 
     conveyance required under this title by September 13, 2003, 
     the Secretary shall, by no later than that date, submit a 
     report to the Congress explaining the reasons that conveyance 
     has not been completed and stating the date by which the 
     conveyance will be completed.

     SEC. 104. COSTS.

       (a) In General.--The Secretary shall require, as a 
     condition of the conveyance under section 103, that the 
     District pay the administrative costs of the conveyance and 
     related activities, including the costs of any review 
     required under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), as described in Contract No. 1425-
     0901-09MA-0910-093310.
       (b) Value of Facilities To Be Transferred.--In addition to 
     subsection (a) the Secretary shall also require, as condition 
     of the conveyance under section 103, that the District pay to 
     the United States the lesser of the net present value of the 
     remaining obligations owed by the District to the United 
     States with respect to the facilities conveyed, or $280,000. 
     Amounts received by the United States under this subsection 
     shall be deposited into the Reclamation Fund.

     SEC. 105. TETON EXCHANGE WELLS.

       (a) Contracts and Permit.--In conveying the Teton Exchange 
     Wells pursuant to section 103, the Secretary shall also 
     convey to the District--
       (1) Idaho Department of Water Resources permit number 22-
     097022, including drilled wells under the permit, as 
     described in Contract No. 1425-0901-09MA-0910-093310; and
       (2) all equipment appurtenant to such wells.
       (b) Extension of Water Service Contract.--The water service 
     contract between the Secretary and the District (Contract No. 
     7-0907-0910-09W0179, dated September 16, 1977) is hereby 
     extended and shall continue in full force and effect until 
     all conditions described in this title are fulfilled.

     SEC. 106. ENVIRONMENTAL REVIEW.

       Prior to conveyance the Secretary shall complete all 
     environmental reviews and analyses as set forth in the 
     Memorandum of Agreement referenced in section 103(a).

     SEC. 107. LIABILITY.

       Effective on the date of the conveyance the United States 
     shall not be liable for damages of any kind arising out of 
     any act, omission, or occurrence relating to the conveyed 
     facilities, except for damages caused by acts of negligence 
     committed by the United States or by its employees, agents, 
     or contractors prior to the date of conveyance. Nothing in 
     this section may increase the liability of the United States 
     beyond that currently provided in chapter 171 of title 28, 
     United States Code.

     SEC. 108. WATER SUPPLY TO DISTRICT LANDS.

       The acreage within the District eligible to receive water 
     from the Minidoka Project and the Teton Basin Projects is 
     increased to reflect the number of acres within the District 
     as of the date of enactment of this title, including lands 
     annexed into the District prior to enactment of this title as 
     contemplated by the Teton Basin Project. The increase in 
     acreage does not alter deliveries authorized under the 
     District's existing water storage contracts and as allowed by 
     State water law.

     SEC. 109. DROUGHT MANAGEMENT PLANNING.

       Within 60 days of enactment of this title, in collaboration 
     with stakeholders in the Henry's Fork watershed, the 
     Secretary shall initiate a drought management planning 
     process to address all water uses, including irrigation and 
     the wild trout fishery, in the Henry's Fork watershed. Within 
     18 months of enactment of this title, the Secretary shall 
     submit a report to Congress, which shall include a final 
     drought management plan.

     SEC. 110. EFFECT.

       (a) in General.--Except as provided in this title, nothing 
     in this title affects--
       (1) the rights of any person; or
       (2) any right in existence on the date of enactment of this 
     Act of the Shoshone-Bannock Tribes of the Fort Hall 
     Reservation to water based on a treaty, compact, executive 
     order, agreement, the decision in Winters v. United States, 
     207 U.S. 564 (1908) (commonly known as the ``Winters 
     Doctrine''), or law.
       (b) Conveyances.--Any conveyance under this title shall not 
     affect or abrogate any provision of any contract executed by 
     the United States or State law regarding any irrigation 
     district's right to use water developed in the facilities 
     conveyed.

                  TITLE II--DENVER WATER REUSE PROJECT

     SEC. 201. DENVER WATER REUSE PROJECT.

       (a) Authorization.--The Secretary of the Interior, in 
     cooperation with the appropriate State and local authorities, 
     may participate in the design, planning, and construction of 
     the Denver Water Reuse Project (hereinafter referred to as 
     the ``Project'') to reclaim and reuse water in the service 
     area of the Denver Water Department of the city and county of 
     Denver, Colorado.
       (b) Cost Share.--The Federal share of the cost of the 
     Project shall not exceed 25 percent of the total cost.
       (c) Limitation.--Funds provided by the Secretary shall not 
     be used for the operation or maintenance of the Project.
       (d) Funding.--Funds appropriated pursuant to section 1631 
     of the Reclamation Wastewater and Groundwater Study and 
     Facilities Act (43 U.S.C. 390h-13) may be used for the 
     Project.

     SEC. 202. RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND 
                   FACILITIES ACT.

       Design, planning, and construction of the Project 
     authorized by this title shall be in accordance with, and 
     subject to the limitations contained in, the Reclamation 
     Wastewater and Groundwater Study and Facilities Act (106 
     Stat. 4663-4669; 43 U.S.C. 390h et seq.), as amended.

               TITLE III--WALLOWA LAKE DAM REHABILITATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Wallowa Lake Dam 
     Rehabilitation and Water Management Act of 2002''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the non-
     profit corporation by that name (as established under the 
     laws of the State of Oregon) that operates Wallowa Lake Dam.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) Wallowa lake dam rehabilitation program.-- The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document entitled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     October 2001, and on file with the Bureau of Reclamation.
       (4) Wallowa valley water management plan.--The term 
     ``Wallowa Valley Water Management Plan'' means the program 
     developed for the Wallowa River watershed, as contained in 
     the document entitled ``Wallowa Lake Dam Rehabilitation and 
     Water Management Plan Vision Statement'', dated February 
     2001, and on file with the Bureau of Reclamation.

     SEC. 303. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

       (a) Authorization.--The Secretary--
       (1) in cooperation with the Associated Ditch Companies, 
     Incorporated, may participate in the Wallowa Lake Dam 
     Rehabilitation Program; and
       (2) in cooperation with tribal, State and local 
     governmental entities, may participate in planning, design 
     and construction of facilities needed to implement the 
     Wallowa Valley Water Management Plan.

[[Page 23210]]

       (b) Cost Sharing.--
       (1) in General.--The Federal share of the costs of 
     activities authorized under this title shall not exceed 80 
     percent.
       (2) Exclusions from federal share.--There shall not be 
     credited against the Federal share of such costs--
       (A) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; and
       (B) expenditures made by individual farmers in any Federal 
     farm or conservation program.
       (c) Compliance With State Law.--The Secretary, in carrying 
     out this title, shall comply with otherwise applicable State 
     water law.
       (d) Prohibition on Holding Title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this title.
       (e) Prohibition on Operation and Maintenance.--The Federal 
     Government shall not be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this title.
       (f) Ownership and Operation of Fish Passage Facility.--Any 
     facility constructed using Federal funds authorized by this 
     title located at Wallowa Lake Dam for trapping and 
     transportation of migratory adult salmon shall be owned and 
     operated by the Nez Perce Tribe.

     SEC. 304. RELATIONSHIP TO OTHER LAW.

       Activities funded under this title shall not be considered 
     a supplemental or additional benefit under the Act of June 
     17, 1902 (32 Stat. 388), and all Acts amendatory thereof or 
     supplementary thereto.

     SEC. 305. APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     $32,000,000 for the Federal share of the costs of activities 
     authorized under this title.

       TITLE IV--ALBUQUERQUE BIOLOGICAL PARK TITLE CLARIFICATION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Albuquerque Biological 
     Park Title Clarification Act''.

     SEC. 402. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that:
       (1) In 1997, the City of Albuquerque, New Mexico paid $ 
     3,875,000 to the Middle Rio Grande Conservancy District to 
     acquire two parcels of land known as Tingley Beach and San 
     Gabriel Park.
       (2) The City intends to develop and improve Tingley Beach 
     and San Gabriel Park as part of its Albuquerque Biological 
     Park Project.
       (3) In 2000, the United States claimed title to Tingley 
     Beach and San Gabriel Park by asserting that these properties 
     were transferred to the United States in the 1950's as part 
     of the establishment of the Middle Rio Grande Project.
       (4) The City's ability to continue developing the 
     Albuquerque Biological Park Project has been hindered by the 
     United States' claim of title to these properties.
       (5) The United States' claim of ownership over the Middle 
     Rio Grande Project properties is disputed by the City and 
     MRGCD in Rio Grande Silvery Minnow v. John W. Keys, III, No. 
     CV 99-1320 JP/RLP-ACE (D. N.M. filed Nov. 15, 1999).
       (6) Tingley Beach and San Gabriel Park are surplus to the 
     needs of the Bureau of Reclamation and the United States in 
     administering the Middle Rio Grande Project.
       (b) Purpose.--The purpose of this title 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 or San Gabriel Park to the City, thereby 
     removing the cloud on the City's title to these lands.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) City.--The term ``City'' means the City of Albuquerque, 
     New Mexico.
       (2) 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.
       (3) 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).
       (4) 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.
       (5) 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, 
     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.

     SEC. 404. CLARIFICATION OF PROPERTY INTEREST.

       (a) 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 
     and San Gabriel Park to the City.
       (b) Timing.--The Secretary shall carry out the action in 
     subsection (a) as soon as practicable after the date of 
     enactment of this title and in accordance with all applicable 
     law.
       (c) 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 and Tingley Beach.

     SEC. 405. OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.

       (a) In General.--Except as expressly provided in section 
     404, nothing in this title shall be construed to affect any 
     right, title, or interest in and to any land associated with 
     the Middle Rio Grande Project.
       (b) Ongoing Litigation.--Nothing contained in this title 
     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, No. CV 99-1320 JP/RLP-ACE, 
     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.

           TITLE V--HIGH PLAINS AQUIFER HYDROGEOLOGIC MAPPING

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``High Plains Aquifer 
     Hydrogeologic Characterization, Mapping, Modeling and 
     Monitoring Act''.

     SEC. 502. DEFINITIONS.

       For the purposes of this title:
       (1) Association.--The term ``Association'' means the 
     Association of American State Geologists.
       (2) Council.--The term ``Council'' means the Western States 
     Water Council.
       (3) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (4) Federal component.--The term ``Federal component'' 
     means the Federal component of the High Plains Aquifer 
     Comprehensive Hydrogeologic Characterization, Mapping, 
     Modeling and Monitoring Program described in section 503(c).
       (5) High plains aquifer.--The term ``High Plains Aquifer'' 
     is the groundwater reserve depicted as Figure 1 in the United 
     States Geological Survey Professional Paper 1400-B, titled 
     ``Geohydrology of the High Plains Aquifer in Parts of 
     Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South 
     Dakota, Texas, and Wyoming.''
       (6) High plains aquifer states.--The term ``High Plains 
     Aquifer States'' means the States of Colorado, Kansas, 
     Nebraska, New Mexico, Oklahoma, South Dakota, Texas and 
     Wyoming.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State component.--The term ``State component'' means 
     the State component of the High Plains Aquifer Comprehensive 
     Hydrogeologic Characterization, Mapping, Modeling and 
     Monitoring Program described in section 503(d).

     SEC. 503. ESTABLISHMENT.

       (a) Program.--The Secretary, working through the United 
     States Geological Survey, and in cooperation with 
     participating State geological surveys and water management 
     agencies of the High Plains Aquifer States, shall establish 
     and carry out the High Plains Aquifer Comprehensive 
     Hydrogeologic Characterization, Mapping, Modeling and 
     Monitoring Program, for the purposes of the characterization, 
     mapping, modeling, and monitoring of the High Plains Aquifer. 
     The Program shall undertake on a county-by-county level or at 
     the largest scales and most detailed levels determined to be 
     appropriate on a state-by-state and regional basis: (1) 
     mapping of the hydrogeological configuration of the High 
     Plains Aquifer; and (2) with respect to the High Plains 
     Aquifer, analyses of the current and past rates at which 
     groundwater is being withdrawn and recharged, the net rate of 
     decrease or increase in High Plains Aquifer storage, the 
     factors controlling the rate of horizontal and vertical 
     migration of water within the High Plains Aquifer, and the 
     current and past rate of change of saturated thickness within 
     the High Plains Aquifer. The Program shall also develop, as 
     recommended by the State panels referred to in subsection 
     (d)(1), regional data bases and groundwater flow models.
       (b) Funding.--The Secretary shall make available fifty 
     percent of the funds available pursuant to this title for use 
     in carrying out the State component of the Program, as 
     provided for by subsection (d).
       (c) Federal Program Component.--
       (1) Priorities.--The Program shall include a Federal 
     component, developed in consultation with the Federal Review 
     Panel provided

[[Page 23211]]

     for by subsection (e), which shall have as its priorities--
       (A) coordinating Federal, State, and local, data, maps, and 
     models into an integrated physical characterization of the 
     High Plains Aquifer;
       (B) supporting State and local activities with scientific 
     and technical specialists; and
       (C) undertaking activities and providing technical 
     capabilities not available at the State and local levels.
       (2) Interdisciplinary studies.--The Federal component shall 
     include interdisciplinary studies that add value to 
     hydrogeologic characterization, mapping, modeling and 
     monitoring for the High Plains Aquifer.
       (d) State Program Component.--
       (1) Priorities.--Upon election by a High Plains Aquifer 
     State, the State may participate in the State component of 
     the Program which shall have as its priorities hydrogeologic 
     characterization, mapping, modeling, and monitoring 
     activities in areas of the High Plains Aquifer that will 
     assist in addressing issues relating to groundwater depletion 
     and resource assessment of the Aquifer. As a condition of 
     participating in the State component of the Program, the 
     Governor or Governor's designee shall appoint a State panel 
     representing a broad range of users of, and persons 
     knowledgeable regarding, hydrogeologic data and information, 
     which shall be appointed by the Governor of the State or the 
     Governor's designee. Priorities under the State component 
     shall be based upon the recommendations of the State panel.
       (2) Awards.--(A) Twenty percent of the Federal funds 
     available under the State component shall be equally divided 
     among the State geological surveys of the High Plains Aquifer 
     States to carry out the purposes of the Program provided for 
     by this title. In the event that the State geological survey 
     is unable to utilize the funding for such purposes, the 
     Secretary may, upon the petition of the Governor of the 
     State, direct the funding to some other agency of the State 
     to carry out the purposes of the Program.
       (B) In the case of a High Plains Aquifer State that has 
     elected to participate in the State component of the Program, 
     the remaining funds under the State component shall be 
     competitively awarded to State or local agencies or entities 
     in the High Plains Aquifer States, including State geological 
     surveys, State water management agencies, institutions of 
     higher education, or consortia of such agencies or entities. 
     A State may submit a proposal for the United States 
     Geological Survey to undertake activities and provide 
     technical capabilities not available at the State and local 
     levels. Such funds shall be awarded by the Director only for 
     proposals that have been recommended by the State panels 
     referred to in subsection (d)(1), subjected to independent 
     peer review, and given final prioritization and 
     recommendation by the Federal Review Panel established under 
     subsection (e). Proposals for multi-state activities must be 
     recommended by the State panel of at least one of the 
     affected States.
       (e) Federal Review Panel.--
       (1) Establishment.--There shall be established a Federal 
     Review Panel to evaluate the proposals submitted for funding 
     under the State component under subsection (d)(2)(B) and to 
     recommend approvals and levels of funding. In addition, the 
     Federal Review Panel shall review and coordinate the Federal 
     component priorities under subsection (c)(1), Federal 
     interdisciplinary studies under subsection (c)(2), and the 
     State component priorities under subsection (d)(1).
       (2) Composition and support.--Not later than three months 
     after the date of enactment of this title, the Secretary 
     shall appoint to the Federal Review Panel: (1) three 
     representatives of the United States Geological Survey, at 
     least one of which shall be a hydrologist or hydrogeologist; 
     and (2) four representatives of the geological surveys and 
     water management agencies of the High Plains Aquifer States 
     from lists of nominees provided by the Association and the 
     Council, so that there are two representatives of the State 
     geological surveys and two representatives of the State water 
     management agencies. Appointment to the Panel shall be for a 
     term of three years. The Director shall provide technical and 
     administrative support to the Federal Review Panel. Expenses 
     for the Federal Review Panel shall be paid from funds 
     available under the Federal component of the Program.
       (f) Limitation.--The United States Geological Survey shall 
     not use any of the Federal funds to be made available under 
     the State component for any fiscal year to pay indirect, 
     servicing, or Program management charges. Recipients of 
     awards granted under subsection (d)(2)(B) shall not use more 
     than eighteen percent of the Federal award amount for any 
     fiscal year for indirect, servicing, or Program management 
     charges. The Federal share of the costs of an activity funded 
     under subsection (d)(2)(B) shall be no more than fifty 
     percent of the total cost of that activity. The Secretary may 
     apply the value of in-kind contributions of property and 
     services to the non-Federal share of the costs of the 
     activity.

     SEC. 504. PLAN.

       The Secretary, acting through the Director, shall, in 
     consultation with the Association, the Council, the Federal 
     Review Panel, and the State panels, prepare a plan for the 
     High Plains Aquifer Hydrogeologic Characterization, Mapping, 
     Modeling and Monitoring Program. The plan shall address 
     overall priorities for the Program and a management structure 
     and Program operations, including the role and 
     responsibilities of the United States Geological Survey and 
     the States in the Program, and mechanisms for identifying 
     priorities for the Federal component and the State component.

     SEC. 505. REPORTING REQUIREMENTS.

       (a) Report on Program Implementation.--One year after the 
     date of enactment of this title, and every two years 
     thereafter through fiscal year 2011, the Secretary shall 
     submit a report on the status of implementation of the 
     Program established by this Act to the Committee on Energy 
     and Natural Resources of the Senate, the Committee on 
     Resources of the House of Representatives, and the Governors 
     of the High Plains Aquifer States. The initial report 
     submitted by the Secretary shall contain the plan required by 
     section 504.
       (b) Report on High Plains Aquifer.--One year after the date 
     of enactment of this title and every year thereafter through 
     fiscal year 2011, the Secretary shall submit a report to the 
     Committee on Energy and Natural Resources of the Senate, the 
     Committee on Resources of the House of Representatives, and 
     the Governors of the High Plains Aquifer States on the status 
     of the High Plains Aquifer, including aquifer recharge rates, 
     extraction rates, saturated thickness, and water table 
     levels.
       (c) Role of Federal Review Panel.--The Federal Review Panel 
     shall be given an opportunity to review and comment on the 
     reports required by this section.

     SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for each of the fiscal years 2003 through 2011 to 
     carry out this title.

            TITLE VI--CALFED BAY-DELTA PROGRAM AUTHORIZATION

     SEC. 601. CALFED BAY-DELTA PROGRAM.

       (a) The Secretary of the Interior and the heads of the 
     other Federal agencies may participate in the Calfed Bay-
     Delta Authority established by the California Bay-Delta 
     Authority Act (2002 Cal. Stat. Chap. 812) to the extent not 
     inconsistent with other law.
       (b) During each of the fiscal years 2003 through 2005, the 
     Secretary of the Interior and the heads of other Federal 
     agencies identified in the Record of Decision of August 28, 
     2000, are also authorized to carry out aspects of the Calfed 
     Bay-Delta Program for which federal funds are appropriated.

         TITLE VII--T'UF SHUR BIEN PRESERVATION TRUST AREA ACT

     SEC. 701. SHORT TITLE.

       This Act may be cited as the ``T'uf Shur Bien Preservation 
     Trust Area Act''.

     SEC. 702. FINDING AND STATEMENT OF PURPOSE.

       (a) Finding.--The Congress finds that in 1748, the Pueblo 
     of Sandia received a grant from a representative of the King 
     of Spain, which grant was recognized and confirmed by 
     Congress in 1858 (11 Stat. 374). In 1994, the Pueblo filed a 
     lawsuit against the Secretary of the Interior and the 
     Secretary of Agriculture in the U.S. District Court for the 
     District of Columbia, Civil No. 1:94CV02624, asserting that 
     federal surveys of the grant boundaries erroneously excluded 
     certain lands within the Cibola National Forest, including a 
     portion of the Sandia Mountain Wilderness;
       (b) Purposes.--The purposes of this Act are to--
       (1) establish the T'uf Shur Bien Preservation Trust Area in 
     the Cibola National Forest;
       (2) confirm the status of National Forest and Wilderness 
     lands in the Area while resolving issues associated with the 
     Pueblo's lawsuit and the opinions of the Solicitor of the 
     Department of the Interior dated December 9, 1988 (M-36963; 
     96 I.D. 331) and January 19, 2001 (M-37002); and
       (3) provide the Pueblo, parties involved in the litigation, 
     and the public with a fair and just settlement of the 
     Pueblo's claim.

     SEC. 703. DEFINITIONS.

       For purposes of this Act:
       (a) Area.--The term ``Area'' means the T'uf Shur Bien 
     Preservation Trust Area as depicted on the map, and excludes 
     the subdivisions, Pueblo-owned lands, the crest facilities, 
     and the special use permit lands as set forth in this Act.
       (b) Crest Facilities.--The term ``crest facilities'' means 
     all facilities and developments located on the crest of 
     Sandia Mountain, including the Sandia Crest Electronic Site; 
     electronic site access roads; the Crest House; the upper 
     terminal, restaurant, and related facilities of Sandia Peak 
     Tram Company; the Crest Observation Area; parking lots; 
     restrooms; the Crest Trail (Trail No. 130); hang glider 
     launch sites; and the Kiwanis cabin; as well as the lands 
     upon which such facilities are located and the lands 
     extending 100 feet along terrain to the west of each such 
     facility, unless a different distance is agreed to in writing 
     between the Forest Service and the Pueblo and documented in 
     the survey of the Area.
       (c) Existing Uses and Activities.--The term ``existing uses 
     and activities'' means uses and activities occurring in the 
     Area on the date of enactment of this Act, or which have been 
     authorized in the Area after November 1, 1995 but before the 
     date of enactment of this Act.

[[Page 23212]]

       (d) Forest Service.--The term ``Forest Service'' means the 
     U.S. Forest Service.
       (e) La Luz Tract.--The term ``La Luz tract'' means that 
     tract comprised of approximately 31 acres of land owned in 
     fee by the Pueblo and depicted on the map.
       (f) Local Public Bodies.--The term ``local public bodies'' 
     means political subdivisions of the State of New Mexico as 
     defined in New Mexico Code Sec. 6-5-1.
       (g) Map.--The term ``map'' means the Forest Service map 
     entitled ``T'uf Shur Bien Preservation Trust Area,'' dated 
     April 2000.
       (h) Modified Uses or Activities.--The term ``modified uses 
     or activities'' means existing uses which are being modified 
     or re-configured, but which are not being significantly 
     expanded, including a trail or trailhead being modified, such 
     as to accommodate handicapped access, a parking area being 
     reconfigured though not expanded, or a special use 
     authorization for a group recreation activity being 
     authorized for a different use area or time period.
       (i) New Uses or Activities.--The term ``new uses or 
     activities'' means uses or activities not occurring in the 
     Area on the date of enactment of this Act, as well as 
     existing uses or activities that are being modified such that 
     they significantly expand or alter their previous scope, 
     dimensions, or impacts on the land, water, air and/or 
     wildlife resources of the Area. New uses and activities do 
     not apply to new uses or activities that are categorically 
     excluded from documentation requirements pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), or to activities undertaken to comply with the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (j) Piedra Lisa Tract.--The term ``Piedra Lisa tract'' 
     means that tract comprised of approximately 160 acres of land 
     held in private ownership and depicted on the map.
       (k) Pueblo.--The term ``Pueblo'' means the Pueblo of Sandia 
     in its governmental capacity.
       (l) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, except where otherwise expressly indicated.
       (m) Settlement Agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     dated April 4, 2000, between the United States, the Pueblo, 
     and the Sandia Peak Tram Company.
       (n) Special Use Permit.--The term ``special use permit'' 
     means the December 1, 1993, Special Use Permit issued by the 
     Forest Service to Sandia Peak Tram Company and Sandia Peak 
     Ski Company, encompassing approximately 46 acres of the 
     corridor presently dedicated to aerial tramway use, and 
     approximately 945 acres of the ski area, as well as the lands 
     described generally in Exhibit A to the December 31, 1993, 
     Special Use Permit, including the maintenance road to the 
     lower tram tower, water storage and distribution facilities, 
     seven helispots, and the other lands described therein.
       (o) Subdivisions.--The term ``subdivisions'' means the 
     subdivisions of Sandia Heights Addition, Sandia Heights North 
     Units I, II, and 3, Tierra Monte, Valley View Acres, and 
     Evergreen Hills, as well as any additional plats and 
     privately owned properties depicted on the map.
       (p) Traditional and Cultural Uses.--The terms ``traditional 
     and cultural uses'' and ``traditional and cultural purposes'' 
     mean ceremonial activities, including the placing of 
     ceremonial materials in the Area, and the use, hunting, 
     trapping or gathering of plants, animals, wood, water, and 
     other natural resources, but only for non-commercial 
     purposes.

     SEC. 704. T'UF SHUR BIEN PRESERVATION TRUST AREA.

       (a) Establishment.--The T'uf Shur Bien Preservation Trust 
     Area is established within the Cibola National Forest and the 
     Sandia Mountain Wilderness as depicted on the map:
       (1) to recognize and protect in perpetuity the Pueblo's 
     rights and interests in and to the Area, as specified in 
     section 705(a) of this Act;
       (2) to preserve in perpetuity the Wilderness and National 
     Forest character of the Area; and
       (3) to recognize and protect in perpetuity the public's 
     longstanding use and enjoyment of the Area.
       (b) Administration and Applicable Law.--The Secretary, 
     acting through the Forest Service, shall continue to 
     administer the Area as part of the National Forest System and 
     incorporate the provisions of this Act affecting management 
     of the Area, including section 705(a)(3) and section 707.
       (c) Exceptions.--
       (1) Traditional and cultural uses by Pueblo members and 
     members of other federally recognized Indian tribes 
     authorized to use the Area by the Pueblo under section 
     705(a)(4) of this Act shall not be restricted except by the 
     Wilderness Act and its regulations as they exist on the date 
     of enactment of this Act and by applicable federal wildlife 
     protection laws as provided in section 706(a)(2) of this Act.
       (2) To the extent that laws enacted or amended after the 
     date of this Act are inconsistent with this Act, they shall 
     not apply to the Area unless expressly made applicable by 
     Congress.
       (3) The use of the word ``Trust'' in the name of the Area 
     is in recognition of the Pueblo's specific rights and 
     interests in the Area, and does not confer upon the Pueblo 
     the ownership interest that exists when the Secretary of the 
     Interior accepts the title to land in trust for the benefit 
     of an Indian tribe.
       (d) Area Defined.--
       (1) The Area shall be comprised of approximately 9890 acres 
     of land within the Cibola National Forest as depicted on the 
     map.
       (2) As soon as practicable after enactment of this Act, the 
     Secretary shall file the map and a legal description of the 
     Area with the Committee on Resources of the House of 
     Representatives and with the Committee on Energy and Natural 
     Resources of the Senate. The map and legal description shall 
     be on file and available for public inspection in the Office 
     of the Chief of the Forest Service, Department of 
     Agriculture, Washington, District of Columbia.
       (3) Such map and legal description shall have the same 
     force and effect as if included in this Act, except that
       (A) clerical and typographical errors shall be corrected;
       (B) changes that may be necessary pursuant to sections 
     709(b), 709(d), 709(e), 714(c), and 714(d) shall be made; and
       (C) to the extent the map and the language of this Act 
     conflict, the language of the Act controls.
       (e) No Conveyance of Title.--The United States' right, 
     title and interest in or to the Area or any part thereof 
     shall not be conveyed to or exchanged with any person, trust, 
     or governmental entity, including the Pueblo, without 
     specific authorization of Congress.
       (f) Prohibited Uses.--Notwithstanding any other provision 
     of law, no use prohibited by the Wilderness Act as of the 
     date of enactment of this Act may occur in the Wilderness 
     portion of the Area; nor may any of the following uses occur 
     in any portion of the Area: gaming or gambling of any kind, 
     mineral production, timber production, and new uses or 
     activities to which the Pueblo objects pursuant to section 
     705(a)(3) of this Act. The Area is closed to the location of 
     mining claims under the Mining Law of 1872 (30 U.S.C. 
     Sec. 22).
       (g) No Modification of Boundaries.--Creation of the T'uf 
     Shur Bien Preservation Trust Area shall not affect the 
     boundaries of, nor repeal or disestablish the Sandia Mountain 
     Wilderness or the Cibola National Forest. Establishment of 
     the Area does not in any way modify the existing boundary of 
     the Pueblo grant.

     SEC. 705. PUEBLO OF SANDIA RIGHTS AND INTERESTS IN THE AREA.

       (a) General.--The Pueblo shall have the following rights 
     and interests in the Area:
       (1) free and unrestricted access to the Area for 
     traditional and cultural uses to the extent not inconsistent 
     with the Wilderness Act and its regulations as they exist on 
     the date of enactment of this Act and with applicable federal 
     wildlife protection laws as provided in section 706(a)(2);
       (2) perpetual preservation of the Wilderness and National 
     Forest character of the Area under this Act;
       (3) rights in the management of the Area as set forth in 
     section 707, which include:
       (A) the right to consent or withhold consent to new uses;
       (B) the right to consultation regarding modified uses;
       (C) the right to consultation regarding the management and 
     preservation of the Area; and
       (D) the right to dispute resolution procedures;
       (4) exclusive authority, in accordance with its customs and 
     laws, to administer access to the Area for traditional and 
     cultural uses by members of the Pueblo and of other federally 
     recognized Indian tribes; and
       (5) such other rights and interests as are enumerated and 
     recognized in sections 704, 705(c), 707, 708, and 709.
       (b) Limitation.--Except as provided in subsection (a)(4), 
     access to and use of the Area for all other purposes shall 
     continue to be administered by the Secretary through the 
     Forest Service.
       (c) Compensable Interest.--
       (1) If, by an Act of Congress enacted subsequent to the 
     effective date of this Act, Congress diminishes the 
     Wilderness and National Forest designation of the Area by 
     authorizing a use prohibited by section 704(f) in all or any 
     portion of the Area, or denies the Pueblo access for any 
     traditional and cultural uses in all or any portion of the 
     Area, the United States shall compensate the Pueblo as if the 
     Pueblo had held a fee title interest in the affected portion 
     of the Area and as though the United States had acquired such 
     interest by legislative exercise of its power of eminent 
     domain, and the restrictions of sections 704(f) and 706(a) 
     shall be disregarded in determining just compensation owed to 
     the Pueblo.
       (2) Any compensation made to the Pueblo pursuant to 
     subsection (c)(1) does not in any way affect the 
     extinguishment of claims set forth in section 710.

     SEC. 706. LIMITATIONS ON PUEBLO OF SANDIA RIGHTS AND 
                   INTERESTS IN THE AREA.

       (a) Limitations.--The Pueblo's rights and interests 
     recognized in this Act do not include:

[[Page 23213]]

       (1) any right to sell, grant, lease, convey, encumber or 
     exchange lands in the Area, or any right or interest therein, 
     and any such conveyance shall not have validity in law or 
     equity;
       (2) any exemption from applicable federal wildlife 
     protection laws;
       (3) any right to engage in any activity or use prohibited 
     in section 704(f); or
       (4) any right to exclude persons or governmental entities 
     from the Area.
       (b) Exception.--No person who exercises traditional and 
     cultural use rights as authorized in section 705(a)(4) of 
     this Act may be prosecuted for a federal wildlife offense 
     requiring proof of a violation of a state law or regulation.

     SEC. 707. MANAGEMENT OF THE AREA.

       (a) Process.--
       (1) General.--
       (A) The Forest Service shall consult with the Pueblo of 
     Sandia not less than twice a year, unless otherwise mutually 
     agreed, concerning protection, preservation, and management 
     of the Area, including proposed new and modified uses and 
     activities in the Area and authorizations that are 
     anticipated during the next six months and approved in the 
     preceding six months.
       (2) New uses and activities.--
       (A) If after consultation the Pueblo of Sandia denies its 
     consent for a new use or activity within 30 days of the 
     consultation, the Forest Service will not be authorized to 
     proceed with the activity or use. If the Pueblo consents to 
     the new use or activity in writing or fails to respond within 
     30 days, the Forest Service may proceed with the notice and 
     comment process and the environmental analysis.
       (B) Before the Forest Service signs a Record of Decision 
     (ROD) or Decision Notice (DN) for a proposed use or activity, 
     the Forest Service will again request Pueblo consent within 
     30 days of the Pueblo's receipt of the proposed ROD or DN. If 
     the Pueblo refuses to consent, the activity or use will not 
     be authorized. If the Pueblo fails to respond to the consent 
     request within 30 days after the proposed ROD or DN is 
     provided to the Pueblo, the Pueblo will be deemed to have 
     consented to the proposed ROD or DN and the Forest Service 
     may proceed to issue the final ROD or DN.
       (3) Public involvement.--
       (A) For proposed new and modified uses and activities, the 
     public shall be provided notice of--
       (i) the purpose and need for the proposed action or 
     activity,
       (ii) the Pueblo's role in the decision-making process, and
       (iii) the Pueblo's position on the proposal.

     Any person may file an action in the United States District 
     Court for the District of New Mexico to challenge Forest 
     Service determinations of what constitutes a new or a 
     modified use or activity.
       (b) Emergencies and Emergency Closure Orders.--The Forest 
     Service shall retain its existing authorities to manage 
     emergency situations, to provide for public safety, and to 
     issue emergency closure orders in the Area subject to 
     applicable law. The Forest Service shall notify the Pueblo of 
     Sandia regarding emergencies, public safety issues, and 
     emergency closure orders as soon as possible. Such actions 
     are not subject to the Pueblo's right to withhold consent to 
     new uses in the Area as set forth in section 705(a)(3)(i).
       (c) Disputes Involving Forest Service Management and Pueblo 
     Traditional Uses.--
       (1) General.--In the event that Forest Service management 
     of the Area and Pueblo traditional and cultural uses 
     conflict, and the conflict does not pertain to new or 
     modified uses subject to the process set forth in subsection 
     (a), the process for dispute resolution set forth in this 
     subsection shall take effect.
       (2) Dispute resolution process.--(A) When there is a 
     dispute between the Pueblo and the Forest Service regarding 
     Pueblo traditional and cultural use and Forest Service 
     management of the Area, the party identifying the dispute 
     shall notify the other party in writing addressed to the 
     Governor of the Pueblo or the Regional Forester respectively, 
     setting forth the nature of the dispute. The Regional 
     Forester or designee and the Governor of the Pueblo or 
     designee shall attempt to resolve the dispute for no less 
     than 30 days after notice has been provided before filing an 
     action in United States District Court for the District of 
     New Mexico.
       (B) Disputes requiring immediate resolution.--In the event 
     of a conflict that requires immediate resolution to avoid 
     imminent, substantial and irreparable harm, the party 
     alleging such conflict shall notify the other party and seek 
     to resolve the dispute within 3 days of the date of 
     notification. If the parties are unable to resolve the 
     dispute within 3 days, either party may file an action for 
     immediate relief in the United States District Court for the 
     District of New Mexico, and the procedural exhaustion 
     requirements set forth above shall not apply.

     SEC. 708. JURISDICTION OVER THE AREA.

       (a) Criminal Jurisdiction.--Notwithstanding any other 
     provision of law, jurisdiction over crimes committed in the 
     Area shall be allocated as follows:
       (1) To the extent that the allocations of criminal 
     jurisdiction over the Area under paragraphs (2), (3), and (4) 
     of this subsection are overlapping, they should be construed 
     to allow for the exercise of concurrent criminal 
     jurisdiction.
       (2) The Pueblo shall have jurisdiction over crimes 
     committed by its members or by members of another federally 
     recognized Indian tribe who are present in the Area with the 
     Pueblo's permission pursuant to section 705(a)(4).
       (3) The United States shall have jurisdiction over--
       (A) the offenses listed in section 1153 of title 18, U.S. 
     Code, including any offenses added to the list in that 
     statute by future amendments thereto, when such offenses are 
     committed by members of the Pueblo and other federally 
     recognized Indian tribes;
       (B) crimes committed by any person in violation of laws and 
     regulations pertaining to the protection and management of 
     National Forests;
       (C) enforcement of federal criminal laws of general 
     applicability; and
       (D) any other offense committed by a member of the Pueblo 
     against a non-member of the Pueblo. Any offense which is not 
     defined and punished by federal law in force within the 
     exclusive jurisdiction of the United States shall be defined 
     and punished in accordance with the laws of the State of New 
     Mexico.
       (4) The State of New Mexico shall have jurisdiction over 
     any crime under its laws committed by a person not a member 
     of the Pueblo.
       (b) Civil Jurisdiction.--
       (1) Except as provided in paragraphs (2), (3), (4), and 
     (5), the United States, the State of New Mexico, and local 
     public bodies shall have the same civil adjudicatory, 
     regulatory, and taxing jurisdiction over the Area as they 
     exercised prior to the enactment of this Act.
       (2) The Pueblo shall have exclusive civil adjudicatory 
     jurisdiction over--
       (A) disputes involving only members of the Pueblo;
       (B) civil actions brought by the Pueblo against members of 
     the Pueblo; and
       (C) civil actions brought by the Pueblo against members of 
     other federally recognized Indian tribes for violations of 
     understandings between the Pueblo and that member's tribe 
     regarding use or access to the Area for traditional and 
     cultural purposes.
       (3) The Pueblo shall have no regulatory jurisdiction over 
     the Area with the exception of:
       (A) exclusive authority to regulate traditional and 
     cultural uses by the Pueblo's own members and to administer 
     access to the Area by other federally recognized Indian 
     tribes for traditional and cultural uses, to the extent such 
     regulation is consistent with this Act; and
       (B) The Pueblo shall have exclusive authority to regulate 
     hunting and trapping in the Area by its members that is 
     related to traditional and cultural purposes: Provided that 
     any hunting and trapping conducted by Pueblo members as a 
     traditional and cultural use within the Area, excluding that 
     part of the Area contained within Sections 13, 14, 23, 24, 
     and the northeast quarter of Section 25 of T12N, R4E, and 
     Section 19 of T12N, R5E, N.M.P.M., Sandoval County, New 
     Mexico, shall be regulated by the Pueblo in a manner 
     consistent with the regulations of the State of New Mexico 
     concerning types of weapons and proximity of hunting and 
     trapping to trails and residences.
       (4) The Pueblo shall have no authority to impose taxes 
     within the Area.
       (5) The State of New Mexico and local public bodies shall 
     have no authority within the Area to tax the activities or 
     the property of the Pueblo, its members, or members of other 
     federally recognized Indian tribes authorized to use the Area 
     under section 705(a)(4) of this Act.

     SEC. 709. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

       (a) Subdivisions.--The subdivisions are excluded from the 
     Area. The Pueblo shall have no civil or criminal jurisdiction 
     for any purpose, including adjudicatory, taxing, zoning, 
     regulatory or any other form of jurisdiction, over the 
     subdivisions and property interests therein, and the laws of 
     the Pueblo shall not apply to the subdivisions. The 
     jurisdiction of the State of New Mexico and local public 
     bodies over the subdivisions and property interests therein 
     shall continue in effect, except that upon application of the 
     Pueblo a tract comprised of approximately 35 contiguous, non-
     subdivided acres in the northern section of Evergreen Hills 
     owned in fee by the Pueblo at the time of enactment of this 
     Act, shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior. Such trust land shall be 
     subject to all limitations on use pertaining to the Area 
     contained in this Act.
       (b) Piedra Lisa.--The Piedra Lisa tract is excluded from 
     the Area notwithstanding any subsequent acquisition of the 
     tract by the Pueblo. If the Secretary or the Pueblo acquires 
     the Piedra Lisa tract, the tract shall be transferred to the 
     United States and is hereby declared to be held in trust for 
     the Pueblo by the United States and administered by the 
     Secretary of the Interior subject to all limitations on use 
     pertaining to the Area contained in this Act. The restriction

[[Page 23214]]

     contained in section 706(a)(4) shall not apply outside of 
     Forest Service System trails. Until acquired by the Secretary 
     or Pueblo, the jurisdiction of the State of New Mexico and 
     local public bodies over the Piedra Lisa tract and property 
     interests therein shall continue in effect.
       (c) Crest Facilities.--The lands on which the crest 
     facilities are located are excluded from the Area. The Pueblo 
     shall have no civil or criminal jurisdiction for any purpose, 
     including adjudicatory, taxing, zoning, regulatory or any 
     other form of jurisdiction, over the lands on which the crest 
     facilities are located and property interests therein, and 
     the laws of the Pueblo shall not apply to those lands. The 
     pre-existing jurisdictional status of those lands shall 
     continue in effect.
       (d) Special Use Permit Area.--The lands described in the 
     special use permit are excluded from the Area. The Pueblo 
     shall have no civil or criminal jurisdiction for any purpose, 
     including adjudicatory, taxing, zoning, regulatory, or any 
     other form of jurisdiction, over the lands described in the 
     special use permit, and the laws of the Pueblo shall not 
     apply to those lands. The pre-existing jurisdictional status 
     of these lands shall continue in effect. In the event the 
     special use permit, during its existing term or any future 
     terms or extensions, requires amendment to include other 
     lands in the Area necessary to realign the existing or any 
     future replacement tram line, associated structures, or 
     facilities, the lands subject to that amendment shall 
     thereafter be excluded from the Area and shall have the same 
     status under this Act as the lands currently described in the 
     special use permit. Any lands dedicated to aerial tramway and 
     related uses and associated facilities that are excluded from 
     the special use permit through expiration, termination or the 
     amendment process shall thereafter be included in the Area 
     but only after final agency action is no longer subject to 
     any appeals.
       (e) La Luz Tract.--The La Luz tract now owned in fee by the 
     Pueblo is excluded from the Area and upon application by the 
     Pueblo shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior subject to all limitations on 
     use pertaining to the Area contained in this Act. The 
     restriction contained in section 706(a)(4) shall not apply 
     outside of Forest Service System trails.
       (f) Evergreen Hills Access.--The Secretary, consistent with 
     section 1323(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3210), shall ensure that Forest 
     Service Road 333D, as depicted on the map, is maintained in 
     an adequate condition consistent with the terms of section 
     1323(a) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3210).
       (g) Pueblo Fee Lands.--Those properties not specifically 
     addressed in subsections (a) or (e) of this section that are 
     owned in fee by the Pueblo within the subdivisions are 
     excluded from the Area and shall be subject to the 
     jurisdictional provisions of subsection (a) of this section.
       (h) Rights-of-Way.--
       (1) Road rights-of-way.--(A) In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant to the County of 
     Bernalillo, New Mexico, in perpetuity, the following 
     irrevocable rights of way for roads identified on the map in 
     order to provide for public access to the subdivisions, the 
     special use permit land and facilities, the other leasehold 
     and easement rights and interests of the Sandia Peak Tram 
     Company and its affiliates, the Sandia Heights South 
     Subdivision, and the Area:
       (i) a right-of-way for Tramway Road;
       (ii) a right-of-way for Juniper Hill Road North;
       (iii) a right-of-way for Juniper Hill Road South;
       (iv) a right-of-way for Sandia Heights Road; and
       v) a right-of-way for Juan Tabo Canyon Road (Forest Road 
     No. 333).
       (B) The road rights-of-way shall be subject to the 
     following conditions:
       (i) Such rights-of-way may not be expanded or otherwise 
     modified without the Pueblo's written consent, but road 
     maintenance to the rights of way shall not be subject to 
     Pueblo consent;
       (ii) The rights-of-way shall not authorize uses for any 
     purpose other than roads without the Pueblo's written 
     consent.
       (iii) Except as provided in the Settlement Agreement, 
     existing rights-of-way or leasehold interests and obligations 
     held by the Sandia Peak Tram Company and its affiliates, 
     shall be preserved, protected, and unaffected by this Act.
       (2) Utility rights-of-way.--In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant irrevocable utility 
     rights-of-way in perpetuity across Pueblo lands to 
     appropriate utility or other service providers serving Sandia 
     Heights Addition, Sandia Heights North Units I, II, and 3, 
     the special use permit lands, Tierra Monte, and Valley View 
     Acres, including rights-of-way for natural gas, power, water, 
     telecommunications, and cable television services. Such 
     rights-of-way shall be within existing utility corridors as 
     depicted on the map or, for certain water lines, as described 
     in the existing grant of easement to the Sandia Peak Utility 
     Company; provided that use of water line easements outside 
     the utility corridors depicted on the map shall not be used 
     for utility purposes other than water lines and associated 
     facilities. Except where above-ground facilities already 
     exist, all new utility facilities shall be installed 
     underground unless the Pueblo agrees otherwise. To the extent 
     that enlargement of existing utility corridors is required 
     for any technologically-advanced telecommunication, 
     television, or utility services, the Pueblo shall not 
     unreasonably withhold agreement to a reasonable enlargement 
     of the easements described above.
       (i) Forest Service Rights of Way.--In accordance with the 
     Pueblo having given its consent in the Settlement Agreement, 
     the Secretary of the Interior shall grant to the Forest 
     Service the following irrevocable rights-of-way in perpetuity 
     for Forest Service trails crossing land of the Pueblo in 
     order to provide for public access to the Area and through 
     Pueblo lands:
       (1) a right-of-way for a portion of the Crest Spur Trail 
     (Trail No. 84), crossing a portion of the La Luz tract, as 
     identified on the map;
       (2) a right-of-way for the extension of the Foothills Trail 
     (Trail No. 365A), as identified on the map; and
       (3) a right-of-way for that portion of the Piedra Lisa 
     North-South Trail (Trail No. 135) crossing the Piedra Lisa 
     tract, if the Pueblo ever acquires the Piedra Lisa tract.

     SEC. 710. EXTINGUISHMENT OF CLAIMS.

       (a) General.--Except for the rights and interests in and to 
     the Area specifically recognized in sections 704, 705, 707, 
     708, and 709, all Pueblo claims to right, title and interest 
     of any kind, including aboriginal claims, in and to lands 
     within the Area, any part thereof, and property interests 
     therein, as well as related boundary, survey, trespass, and 
     monetary damage claims, are hereby permanently extinguished. 
     The United States' title to the Area is hereby confirmed.
       (b) Subdivisions.--Any Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     the subdivisions and property interests therein (except for 
     land owned in fee by the Pueblo as of the date of enactment 
     of this Act), as well as related boundary, survey, trespass, 
     and monetary damage claims, are hereby permanently 
     extinguished.
       (c) Special Use and Crest Facilities Areas.--Any Pueblo 
     right, title and interest of any kind, including aboriginal 
     claims, and related boundary, survey, trespass, and monetary 
     damage claims, are hereby permanently extinguished in and to
       (1) the lands described in the special use permit; and
        (2) the lands on which the crest facilities are located.
       (d) Pueblo Agreement.--As provided in the Settlement 
     Agreement, the Pueblo has agreed to the relinquishment and 
     extinguishment of those claims, rights, titles and interests 
     extinguished pursuant to subsection (a), (b) and (c) of this 
     section.
       (e) Consideration.--The recognition of the Pueblo's rights 
     and interests in this Act constitutes adequate consideration 
     for the Pueblo's agreement to the extinguishment of the 
     Pueblo's claims in this section and the right-of-way grants 
     contained in section 709, and it is the intent of Congress 
     that those rights and interests may only be diminished by a 
     future Act of Congress specifically authorizing diminishment 
     of such rights, with express reference to this Act.

     SEC. 711. CONSTRUCTION.

       (a) Strict Construction.--This Act recognizes only 
     enumerated rights and interests, and no additional rights, 
     interests, obligations, or duties shall be created by 
     implication.
       (b) Existing Rights.--To the extent there exists within the 
     Area at the time of enactment of this Act any valid private 
     property rights associated with the Piedra Lisa tract or 
     other private lands that are not otherwise addressed in this 
     Act, such rights are not modified or otherwise affected by 
     this Act, nor is the exercise of any such right subject to 
     the Pueblo's right to withhold consent to new uses in the 
     Area as set forth in section 705(a)(3)(i).
       (c) Not Precedent.--The provisions of this Act creating 
     certain rights and interests in the National Forest System 
     are uniquely suited to resolve the Pueblo's claim and the 
     geographic and societal situation involved, and shall not be 
     construed as precedent for any other situation involving 
     management of the National Forest System.
       (d) Fish and Wildlife.--Except as provided in section 
     708(b)(3), nothing in this Act shall be construed as 
     affecting the responsibilities of the State of New Mexico 
     with respect to fish and wildlife, including the regulation 
     of hunting, fishing, or trapping within the Area.
       (e) Federal Land Policy and Management Act.--Section 316 
     (43 U.S.C. 1746) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1701 et seq.) is amended by adding the 
     following sentence at the end thereof: ``Any corrections 
     authorized by this section which affect the boundaries of, or 
     jurisdiction over, lands administered by another Federal 
     agency shall be made only after consultation with, and the 
     approval of, the head of such other agency.''

[[Page 23215]]



     SEC. 712. JUDICIAL REVIEW.

       (a) Enforcement.--Suit to enforce the provisions of this 
     Act may be brought to the extent permitted under chapter 7 of 
     title 5, United States Code. Judicial review shall be based 
     upon the administrative record and subject to the applicable 
     standard of review set forth in section 706 of title 5.
       (b) Waiver.--Suit may be brought against the Pueblo for 
     declaratory judgment or injunctive relief under this Act, but 
     no money damages, including costs or attorney's fees, may be 
     imposed on the Pueblo as a result of such judicial action.
       (c) Venue.--Venue for any suit provided for in this 
     section, as well as any suit to contest the constitutionality 
     of this Act, shall lie only in the United States District 
     Court for the District of New Mexico.

     SEC. 713. EFFECTIVE DATE.

       The provisions of this Act shall take effect immediately 
     upon enactment of this Act.

     SEC. 714. AUTHORIZATION OF APPROPRIATIONS AND RELATED 
                   AUTHORITIES.

       (a) General.--There are hereby authorized to be 
     appropriated such sums as may be necessary to carry out this 
     Act, including such sums as may be necessary for the Forest 
     Service to acquire ownership of, or other interest in, lands 
     within the external boundaries of the Area as authorized in 
     subsection (d).
       (b) Contributions.--
       (1) The Secretary is authorized to accept contributions 
     from the Pueblo, or from other persons or governmental 
     entities, to perform and complete a survey of the Area, or 
     otherwise for the benefit of the Area in accordance with this 
     Act.
       (2) The Secretary shall complete a survey of the Area 
     within one year of the date of enactment of this Act.
       (c) Land Exchange.--Within 180 days after the date of 
     enactment of this Act, after consultation with the Pueblo, 
     the Secretary is directed in accordance with applicable laws 
     to prepare and offer a land exchange of National Forest lands 
     outside the Area and contiguous to the northern boundary of 
     the Pueblo's Reservation within sections 10, 11, and 14 of 
     T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
     Wilderness land, for lands owned by the Pueblo in the 
     Evergreen Hills subdivision in Sandoval County contiguous to 
     National Forest land, and the La Luz tract in Bernalillo 
     County. Notwithstanding section 206(b) of the Federal Land 
     Policy and Management Act (43 U.S.C. 1716(b)), the Secretary 
     may either make or accept a cash equalization payment in 
     excess of 25 percent of the total value of the lands or 
     interests transferred out of Federal ownership. Any funds 
     received by the Secretary as a result of the exchange shall 
     be deposited in the fund established under the Act of 
     December 4, 1967, known as the Sisk Act (16 U.S.C. 484a), and 
     shall be available to purchase non-Federal lands within or 
     adjacent to the National Forests in the State of New Mexico. 
     All lands exchanged or conveyed to the Pueblo are hereby 
     declared to be held in trust for the Pueblo by the United 
     States and added to the Pueblo's Reservation subject to all 
     existing and outstanding rights and shall remain in their 
     natural state and shall not be subject to commercial 
     development of any kind. Lands exchanged or conveyed to the 
     Forest Service shall be subject to all limitations on use 
     pertaining to the Area under this Act. If the land exchange 
     offer is not made within 180 days after the date of enactment 
     of this Act, the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives, a report explaining the reasons for the 
     failure to make the offer including an assessment of the need 
     for any additional legislation that may be necessary for the 
     exchange. If additional legislation is not necessary, the 
     Secretary, consistent with this section, should proceed with 
     the exchange pursuant to existing law.
       (d) Land Acquisition.--(1) The Secretary is authorized to 
     acquire lands owned by the Pueblo within the Evergreen Hills 
     Subdivision in Sandoval County or any other privately held 
     lands inside of the exterior boundaries of the Area. The 
     boundaries of the Cibola National Forest and the Area shall 
     be adjusted to encompass any lands acquired pursuant to this 
     section.
       (2) In the event the Pueblo acquires the Piedra Lisa tract, 
     the Secretary shall compensate the Pueblo for the fair market 
     value of:
       (A) the right-of-way established pursuant to section 
     709(i)(3); and
       (B) the conservation easement established by the 
     limitations on use of the Piedra Lisa tract pursuant to 
     section 709(b).
       (e) Reimbursement of Certain Costs.--
       (1) The Pueblo, the County of Bernalillo, New Mexico, and 
     any person who owns or has owned property inside of the 
     exterior boundaries of the Area as designated on the map, and 
     who has incurred actual and direct costs as a result of 
     participating in the case of Pueblo of Sandia v. Babbitt, 
     Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
     related to resolving the issues litigated in that case, may 
     apply for reimbursement in accordance with this section. 
     Costs directly related to such participation which shall 
     qualify for reimbursement shall be--
       (A) dues or payments to a homeowner association for the 
     purpose of legal representation; and
       (B) legal fees and related expenses.
       (2) The reimbursement provided in this subsection shall be 
     in lieu of that which might otherwise be available pursuant 
     to the Equal Access to Justice Act (24 U.S.C. 2412).
       (3) The Secretary of the Treasury is authorized and 
     directed to make reimbursement payments as provided in this 
     section out of any money not otherwise appropriated.
       (4) Applications for reimbursement shall be filed within 
     180 days of the date of enactment of this Act with the 
     Department of the Treasury, Financial Management Service, 
     Washington, D.C.
       (5) In no event shall any one party be compensated in 
     excess of $750,000 and the total amount reimbursed pursuant 
     to this section shall not exceed $3,000,000.

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