[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Senate]
[Pages 5726-5786]
[From the U.S. Government Publishing Office, www.gpo.gov]




               CONSOLIDATED NATURAL RESOURCES ACT OF 2008

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to consideration of S. 2739, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 2739) to authorize certain programs and 
     activities in the Department of the Interior, the Forest 
     Service, and the Department of Energy, to implement further 
     the Act approving the Covenant to Establish a Commonwealth of 
     the Northern Mariana Islands in Political Union with the 
     United States of America, to amend the Compact of Free 
     Association Amendments Act of 2003, and for other purposes.

  Mr. BINGAMAN. Mr. President, I know my colleague from New Mexico will 
be here in a few minutes and wishes to make a statement in support of 
the legislation that is before us now. I will start by making my own 
statement, a general statement about it. I know Senator Wyden also is 
here on the Senate floor and wishes to speak on this issue and on this 
legislation. I know, of course, Senator Coburn is also very nearby and 
wishes to make a statement as well.
  The Senate will consider at this time S. 2739. It is a collection of 
over 60 noncontroversial bills that have been reported from the Energy 
and Natural Resources Committee dealing with various public land, 
national park, water, and territorial issues.
  Let me start by thanking Senator Reid, our majority leader, for 
making it possible for us to proceed with this bill at this time. This 
has been a priority of his for several months now, to get this 
legislation before the Senate. He deserves great credit for doing that.
  All of the individual bills included in S. 2739 have been passed by 
the House of Representatives and virtually all of the bills--or their 
Senate companion measures--have also been favorably reported by the 
Energy and Natural Resources Committee. The committee votes on 
reporting these bills have been unanimous.
  Typically, these bills would be considered individually and passed 
under a unanimous consent agreement. Unfortunately, as most Senators 
are aware, it has become virtually impossible to get unanimous consent 
to pass anything this year. So despite the fact these bills generally 
deal with State-specific issues and have the strong support of the 
affected congressional delegation, and despite the fact that these 
bills are noncontroversial--having passed the House of Representatives 
and having been reported by the Energy and Natural Resources Committee 
with overwhelming bipartisan support--we have not been able to get them 
cleared.
  In an attempt to move these bills forward, last month I introduced S. 
2739, which simply incorporates every bill our committee has reported 
that has also been passed by the House of Representatives. The package 
includes roughly an equal mix of Democratic-sponsored bills, 
Republican-sponsored bills, and bills with bipartisan sponsors. As I 
have already noted, since these bills have been reported out of the 
Energy and Natural Resources Committee by unanimous votes, there really 
are not any outstanding issues in dispute. Many of the individual bills 
that are included in this package have been on the Senate calendar for 
several months; in fact several were reported by our committee and have 
been pending on the calendar since January of last year--not January of 
2008 but January of 2007. A number of the bills have been approved by 
the Senate--by unanimous consent, I might add--in previous Congresses, 
in some cases in several previous Congresses.
  While the individual bills in this package may not be controversial, 
they are nonetheless very important to the individual sponsors, and the 
Senate has an obligation to try and pass these bills. I would like to 
take a few minutes to briefly identify some of the provisions included 
within S. 2739.
  The bills included within S. 2739 encompass lands and activities in 
over 30 States and the District of Columbia. The first provision in the 
package is Senator Murray's and Senator Cantwell's proposal to 
designate the 106,000-acre Wild Sky wilderness in Washington State, 
which the Senate has passed in each of the last three previous 
Congresses. The Wild Sky wilderness is an important addition to the 
National Wilderness Preservation, and has strong local and national 
support.
  Another provision in the bill includes language sponsored by Senators 
Wyden and Akaka to give the National Park Service important new 
authority to enter into cooperative agreements to protect threatened 
natural resources in national parks.
  S. 2739 also includes additions to the Minidoka National Monument in 
Idaho and Washington State, the Carl Sandburg National Historic Site in 
North Carolina, and the Lowell National Historical Park in 
Massachusetts, and the bill provides the National Park Service with 
important new authorities at Acadia National Park in Maine and Denali 
National Park in Alaska.
  It authorizes studies of potential new parks in Missouri, Texas, 
Arkansas, California, Arizona, and Massachusetts to assess whether any 
would be appropriate for addition to the National Park System, and it 
establishes commissions to commemorate significant anniversaries of the 
Hudson and Champlain expeditions in what are now the northeastern 
United States.
  S. 2739 would designate two new Outstanding Natural Areas to be 
managed by the Bureau of Land Management: the Piedras Blancas Historic 
Light Station in California, and the Jupiter Inlet Lighthouse in 
Florida. It also allows for BLM land in Nevada to be transferred for 
use by the Nevada National Guard.
  The package includes a new addition to the Wild and Scenic River 
System in Connecticut, and a new addition to the National Trails 
System, the ``Star-Spangled Banner'' National Historic Trail in 
Virginia and Maryland.
  The bill includes authorizations related to new commemorative works 
in the District of Columbia, including one honoring President 
Eisenhower, and establishes a commission to study the potential 
creation of a National Museum of the American Latino, here in 
Washington.
  S. 2739 would establish three new National Heritage Areas: the 
Abraham Lincoln National Heritage Area in Illinois; the Niagara Falls 
National Heritage Area in New York, and the multi-State Journey Through 
Hallowed Ground National Heritage Area in Virginia, Maryland, West 
Virginia, and Pennsylvania, and it authorizes studies of potential new 
heritage areas in Oregon and Kentucky. It would also increase the 
authorization ceiling for several existing heritage areas.
  This bill will help address the water resource challenges facing many 
regions of the country. There are 16 provisions in the bill affecting 
States west-wide, including sections that will promote partnerships 
between the Federal Government, States, and local entities in the area 
of water, including paying for security costs at Bureau of Reclamation 
facilities; ensure a better understanding of groundwater resources; 
facilitate a feasibility study of serious proposals to address water 
shortages and avoid litigation; transfer Federal property to local 
ownership and eliminate Federal restrictions impeding water 
conservation projects; promote water recycling activities; and 
authorize Federal participation in the Platte River Endangered Species 
Recovery Program, which is strongly supported in Colorado, Nebraska, 
and Wyoming.
  Given the critical nature of many of these items, it's important that 
these water-related authorities be enacted as soon as possible.
  S. 2379 also reauthorizes two energy programs at the Department of 
Energy. One clarifies the Secretary of Energy's authority to make 
grants to advanced energy efficiency technology transfer centers under 
the Energy Policy Act of2005, and the other reauthorizes the Steel and 
Aluminum Energy Conservation and Technology Competitiveness Act of 
1988.
  The package contains two important measures related to the 
territories. The first involves the Commonwealth of the Northern 
Mariana Islands--

[[Page 5727]]

CNMI--to respond to longstanding Federal concerns regarding 
immigration, labor, and law enforcement--concerns that are greatly 
heightened following the September 11 attacks. This bill culminates 11 
years of congressional and executive branch efforts to extend the U.S. 
immigration laws to the CNMI including the establishment of Federal 
border control as anticipated by the 1976 covenant agreement between 
the CNMI and the United States. The bill also includes special 
provisions to meet the special needs of the islands' economy. The 
citizens of the CNMI have been U.S. citizens and members of the U.S. 
family for over 20 years, but they have been unable to participate in 
American democracy as have the other territories. S. 2793 rectifies 
this by authorizing the election of a Delegate from the CNMI to the 
House of Representatives, a necessary step if we are to keep faith with 
our Nation's founding principle of representative government.
  The final title of S. 2739 would make numerous amendments to the 
Compacts of Free Association between the United States and the Pacific 
island nations of the Federated States of Micronesia, the Republic of 
the Marshall Islands, and the Republic of Palau.
  As lengthy as that summary of the provisions in S. 2739 was, it 
reflects only a portion of the bills that have been considered in the 
Energy and Natural Resources Committee this Congress. This package 
reflects only a first step of Energy Committee bills that need to be 
considered this year. As soon as S. 2739 is passed, I will assemble a 
second package, with a similar number of bills, containing legislation 
that has been approved by our committee, but which has not yet come 
over from the other body. Like this package, the second bill will be a 
wide-ranging collection of authorizing measures.
  But regardless of whether the individual items in that package are 
large or small, all these bills will have been reported by our 
committee after a full public process. I know many Senators who have 
bills that will be, in fact, in that second package rather than in this 
first package and are eager for us to move ahead. I would point out the 
New Mexico-specific bills I have sponsored will be in that second 
package; they are not in the legislation before us today. So I share in 
that desire to move expeditiously, and I look forward to working with 
Senator Domenici and the majority leader and, of course, the Republican 
Leader as well to try to get that second package ready for floor 
consideration as soon as possible.
  Senate rule XLIV requires the chairman of the committee of 
jurisdiction to certify that each Congressionally directed spending 
item in any bill coming before the Senate has been identified and 
disclosed on a publicly accessible Congressional Web site. The rule 
defines ``congressionally directed spending items'' as spending items 
``included primarily at the request of a Senator.''
  Although I included none of the House-passed bills in S. 2739, 
primarily at the request of a Senator, in the interests of full 
disclosure I have provided a list of all spending authorizations for 
specific amounts targeted to specific localities contained in S. 2739, 
along with the name of the sponsor of the Senate companion of the 
House-passed bill.
  This list has been made available on the Web site of the Committee of 
Energy and Natural Resources since March 11 and was previously printed 
in the Congressional Record on March 11, at page S. 1869.
  In addition, I ask unanimous consent that the list, along with my 
letter to the Majority Leader accompanying the list, be printed in the 
Record for the information of all Senators.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         U.S. Senate, Committee on Energy and Natural Resources,
                                   Washington, DC, March 11, 2008.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
       Dear Mr. Leader: S. 2739, the Consolidated Natural 
     Resources Act of 2008, which I introduced yesterday, is a 
     collection of 62 separate legislative measures under the 
     jurisdiction of the Committee on Energy and Natural 
     Resources. The purpose of the bill is to facilitate 
     consideration in the Senate of the large and growing number 
     of measures relating to protection of natural resources and 
     preservation of our historic heritage that have been passed 
     by the House of Representatives and approved by the Committee 
     on Energy and Natural Resources. Forty-three of the measures 
     in S. 2739 consist of the text of separate bills passed by 
     the House of Representatives, twelve are drawn from separate 
     titles, subtitles, or sections of two other House-passed 
     bills, and two are House-passed concurrent resolutions. Only 
     one provision, section 482, contains new matter that has not 
     passed the House of Representatives.
       While S. 2739 incorporates a number of provisions of S. 
     2483, the National Forests, Parks, Public Land, and 
     Reclamation Projects Authorization Act of 2007, which I 
     introduced three months ago, on December 14, 2007, there are 
     a number of differences between the bills that are dictated 
     by the amount of time that has elapsed since last December 
     and by action that has since taken place in the House of 
     Representatives. Two of the sections included in S. 2483 last 
     December were subsequently enacted into law as part of the 
     Consolidated Appropriations Act, 2008, Public Law 110-161, 
     and, accordingly, have been left out of S. 2739. Eight new 
     provisions, drawn from eight separate House bills or 
     resolutions, have been added. Two of the effective dates in 
     title VIII of S. 2483 have been extended in S. 2739 in light 
     of the passage of time since S. 2483 was introduced. In 
     addition, minor modifications were made in a few other 
     provisions.
       Although S. 2739 has not been referred to the Committee on 
     Energy and Natural Resources, all of the House bills that 
     make up S. 2739 or their Senate companions have either been 
     reported or ordered reported by the Committee.
       Rule XLIV of the Standing Rules of the Senate provides 
     that, before proceeding to the consideration of a bill, the 
     chairman of the committee of jurisdiction must certify that 
     each congressionally designated spending item in the bill and 
     the name of the Senator requesting it has been identified and 
     posted on a publicly accessible website. The term 
     ``congressionally designated spending item'' is broadly 
     defined, in pertinent part, to include ``a provision ... 
     included primarily at the request of a Senator . . . 
     authorizing . . . a specific amount of discretionary budget 
     authority . . . for . . . expenditure with or to an entity, 
     or targeted to a specific State, locality or Congressional 
     district, other than through a statutory or administrative 
     formula-driven or competitive award process.''
       Fifteen of the House-passed measures incorporated into S. 
     2739 contain provisions authorizing the appropriation of 
     specific amounts targeted to specific entities or localities. 
     These authorizations are included in S. 2739 because they are 
     part of the text of the House-passed bills. No Senator 
     submitted a request to me to include them.
       In the interest of furthering the transparency and 
     accountability of the legislative process, however, I have 
     posted a list of the specific authorizations in S. 2739 on 
     the Committee on Energy and Natural Resources' website. The 
     list includes the name of the principal sponsor of the Senate 
     companion measure that corresponds to the House-passed bill. 
     A copy of the list is attached for your convenience.
       I previously asked the principal sponsor of the Senate 
     companion measure of each House bill contained in S. 2483 to 
     certify that neither the Senator nor the Senator's immediate 
     family has a pecuniary interest in the item, and have posted 
     the certifications I have received on the Committee's 
     website. All certifications received in relation to S. 2483 
     remain on the Committee's website, where they are available 
     for public inspection in accordance with paragraph 6 of Rule 
     XLIV. I have not received any requests for new 
     congressionally directed spending items to be included in S. 
     2739.
       Thus, in accordance with Rule XLIV of the Standing Rules of 
     the Senate, I hereby certify that each congressionally 
     directed spending item in S. 2739 has been identified through 
     a list and that the list was posted on the Committee's 
     publicly accessible website at approximately 3 p.m. on March 
     11, 2008.
           Sincerely,
                                                    Jeff Bingaman,
     Chairman.
                                  ____


  Committee on Energy and Natural Resources Congressionally Directed 
Spending Item Certification Pursuant To Rule XLIV of the Standing Rules 
                             of the Senate


        S. 2739--THE CONSOLIDATED NATURAL RESOURCES ACT OF 2008

       Provisions in S. 2739 authorizing appropriations in a 
     specific amount for expenditure with or to an entity or 
     targeted to a specific State, locality, or congressional 
     district, other than through a statutory or administrative 
     formula-driven or competitive award process:

[[Page 5728]]



----------------------------------------------------------------------------------------------------------------
                                                                                        Principal sponsor  of
              Section                   Program or entity             State                  Senate bill
----------------------------------------------------------------------------------------------------------------
314(c).............................  Acadia National Park..  ME....................  Collins.
333(e).............................  American Latino Museum  DC....................  Salazar.
                                      Commission.
334(j).............................  Hudson-Fulton and       NY & VT...............  Clinton.
                                      Champlain Commissions.
342(1).............................  Lewis & Clark Visitor   NE....................  Hagel.
                                      Center.
409................................  Hallowed Ground         VA....................  Warner.
                                      National Heritage
                                      Area.
430................................  Niagara Falls National  NY....................  Schumer.
                                      Heritage Area.
449................................  Abraham Lincoln         IL....................  Durbin.
                                      National Heritage
                                      Area.
461................................  Multiple National       OH, PA, MA, SC........  Voinovich
                                      Heritage Areas.        WV, TN, GA, IA, & NY..  none.
504(d).............................  Watkins Dam...........  UT....................  Hatch.
505................................  New Mexico water        NM....................  Domenici.
                                      planning assistance.
509................................  Multiple Oregon water   OR....................  Smith/Wyden.
                                      projects.
511................................  Eastern Municipal       CA....................  Feinstein.
                                      Water District.
512................................  Bay Area water          CA....................  Feinstein.
                                      recycling program.
515(b)(6)..........................  Platte River..........  NE. WY, CO............  Nelson (of NE).
516(c).............................  Central Oklahoma        OK....................  Inhofe.
                                      Master Conservancy
                                      District.
----------------------------------------------------------------------------------------------------------------

  Mr. BINGAMAN. While I have previously tried to describe all the 
provisions in the package, I believe the individual sponsors can better 
describe the merits of some of their specific provisions. I am sure 
many of them will want to do so.
  Passage of S. 2739 will not only allow us to send this to the House 
and then to the President, it will also allow us to move forward and 
address the many legislative pending requests within our Energy and 
Natural Resources Committee that have been awaiting consideration 
behind this bill.
  I think it is important to remember all the individual provisions 
included in the package were previously approved by the House of 
Representatives. I know in a few minutes the Senate will also be 
considering four amendments that have not been approved either in the 
House or by our Energy and Natural Resources Committee.
  To ensure that we do not jeopardize the enactment of S. 2739, I will 
be opposing all those amendments, and I will urge my colleagues to do 
so as well, so we can finally pass this bill in a form the House can 
quickly pass and send to the President for his signature.
  As I indicated before, I know Senator Domenici wishes to make a 
statement.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I wish to thank Senator Bingaman.
  I rise today in support of S. 2739, the Consolidated Natural 
Resources Act of 2008. This bill is a collection of 62 individual 
measures that were in the Energy and Natural Resources Committee that 
have been considered favorably and reported to the Senate.
  Packaging individual bills into a single bill is not typically the 
way we get the natural resources side of the Energy Committee business 
done. It is not my preference to do it this way. However, our customary 
procedure has been turned on its head since the beginning of the 109th 
Congress, and the fact that we are here considering this bill on the 
floor today reflects the frustration of many Members in this regard.
  I have served on this committee for over 30 years, 4 of those as 
chairman and the past 2 as ranking Republican member. The recent 
controversy over consideration of this bill is simply a continuation of 
the efforts by the junior Senator from Oklahoma, since the beginning of 
the 109th Congress, to frustrate, in my opinion, the legitimate 
business of this committee and the Senate in maintaining proper 
oversight over the stewardship of Federal lands.
  While I am pleased my colleague's concern about the unanimous consent 
process on an earlier version of this bill has been resolved, I 
nevertheless remain concerned about the ability of the Energy and 
Natural Resources Committee to conduct its business and that of the 
Members of the Senate. In addition to the 62 measures in this bill, we 
have reported over 40 other bills that still need to be considered, and 
we simply do not have sufficient floor time to consider each of those 
bills individually.
  Typically, we have passed these bills by unanimous consent after 
having worked out any objections by individual Senators to specific 
provisions. Yet that process we have used for years to get these types 
of bills passed has ground to a halt because of the generic objections 
about authorizations from the junior Senator from Oklahoma.
  When I, as chairman, and now Senator Bingaman as chairman, have tried 
to address the objections, we have been met with new ones each time we 
think we have resolved the issue. Frankly, I believe much of this 
problem can be attributed to a lack of understanding about the 
jurisdiction of the committee, the importance of its business in 
ensuring proper management of our Nation's natural resource treasures. 
A bit of history would shed some light on the reasons for many 
Senators' frustration and is certainly something that deserves 
attention.
  The Energy and Natural Resources Committee began as a public lands 
committee nearly 200 years ago, providing oversight over the lands 
acquired in the Louisiana Purchase. It was one of the first standing 
committees in the Senate. Over the years its jurisdiction obviously has 
expanded to include energy issues as well, but easily more than half 
the committee's business continues to be public lands issues.
  Those of you who have served on the committee know this includes 
everything from our national parks and monuments to all the Bureau of 
Reclamation water projects. The committee oversees the management of 
the Department of Interior and the Forest Service, of 535 million acres 
of land, and includes 58 national parks, 88 national monuments, 
including those on the Mall, and over 428 million acres of wilderness 
areas. This is over 30 percent of the total area of the United States.
  The committee also has oversight of the Bureau of Reclamation 
projects that include more than 600 dams and reservoirs, including 
Hoover and Grand Coulee Dams. Our job is to make sure our national 
treasures are properly managed and that the departments of the 
executive branch charged with that task maintain a proper balance 
between the Federal, State, and local interests.
  In addition, the committee oversees all matters related to U.S. 
territories, Puerto Rico, and the Virgin Islands. Because the 
jurisdiction is vast, the number of bills the Energy and Natural 
Resources Committee considers each Congress generally far exceeds that 
of other Senate committees.
  In the 109th Congress alone, a total of 491 bills and resolutions 
have been referred to the committee for consideration. Most of these 
measures, as with the measures that are embodied in 2739, the bill 
currently before us, are required because the administrative agencies 
either have not taken action in addressing such things as boundary 
adjustments, land exchanges, or other matters relating to Federal 
lands, as Senators feel are necessary within their States. But in the 
109th, we passed fewer than half of what we should have historically 
passed in previous Congresses because of the Senator from Oklahoma's 
objections. I am hoping together we are learning and the Senator from 
Oklahoma will work with us and understand all these bills are 
authorization bills, authorizing bills. They do not spend money until 
something else is done.
  Money must be appropriated or spent by some committee or 
administrative body if it has authority because these bills authorize, 
they do not appropriate. The futile exercise ignores the

[[Page 5729]]

balance between authorizing committees and appropriations committees; 
that is, the futile exercise that has been put upon us by the Senator 
from Oklahoma over the last 2\1/2\ years.
  Let me pursue this point a little further, Mr. President.
  The Constitution says, ``No Money shall be drawn from the Treasury, 
but in Consequence of Appropriations made by Law. . . .'' Note that the 
Constitution says, ``appropriations.'' Under most circumstances, an 
authorization does not compel an appropriation of money from the 
Treasury. So, as I have attempted to reason with the Senator from 
Oklahoma, authorizations that involve the HOPE of appropriations occur 
all the time in this body. Most of the time, appropriations fall far 
short of the authorized level of spending. A case in point is the 
decision of Congress to not spend as much money on No Child Left Behind 
as the authorization bill would have allowed. In some cases, 
appropriations are made in the absence of authorization. So, clearly, 
the passage of these lands bills compels no appropriations bill in the 
future, and, thus, no point of order under the Congressional Budget Act 
lies against these bills. My attempts to persuade the Senator from 
Oklahoma of this fact have failed, leading to this Senator's 
frustrations. Let's be clear here: these are authorization bills, they 
compel no appropriations in most cases, and spending to carry out the 
intent of the vast majority of these bills is contained in the salaries 
and expenses of the Departments within whose jurisdiction these matters 
lie. So, the premise of the Senator from Oklahoma--that these bills 
will inflate spending and increase the deficit--is fundamentally 
flawed.
  As I have noted, most of these measures have no direct cost to the 
Treasury; rather, they set priorities for the Departments for the use 
of their administrative budgets that will be appropriated each year. 
But one of the principal objections the Senator from Oklahoma has 
raised to all the bills the committee has is they cost too much money 
or, as he puts it: They will some day cost money.
  That may be true. But the Congressional Budget Office reports on most 
of these bills that the administrative costs to implement them would be 
negligible. In the rare instance where the bill would require 
significant resources, no action could be taken unless there were 
additional appropriations.
  So, basically, there have been no reasons for holding up these bills. 
The business of the Committee that is before us in this bill should 
have been able to have been taken a long time ago. I do not believe the 
judgment regarding park boundaries in Wyoming, a land exchange in 
Arizona, a water project in Colorado, should supplant that of the 23 
members of the committee--that one Senator should supplant that.
  Those 23 members of this committee make their judgments on 
information compiled by a professional staff with a combined service of 
relevant departments in Congress of over 70 years on the Republican 
staff side alone. They spend a great deal of time on these bills. They 
know more than anyone else. They give that knowledge to us, the 23 
members, and we vote. It is not as if these bills are put together, 
brought here, much time, effort and money and resources are put into 
them before they are put together and before we ask the Senate to pass 
them. I hope we will not find ourselves in this bind again.
  We have four amendments offered by the junior Senator from Oklahoma. 
I have seen them all. I do not think any of them have received 
appropriate hearings. I do not think any of them have had the study 
that goes into the bill, that are in this bill before us. For that 
reason and many others, I do not intend to vote for them.
  I do thank the Senator from Oklahoma, the junior Senator, for finally 
arriving at something that will conclude the matter. It will be 
concluded today, and many Senators will be pleased and many House 
members will be pleased, and all I can tell them is: We have tried our 
best to do this sooner, and we will try our best to do the next one 
sooner rather than later.
  In the face of all of this, I cannot in good conscience vote to delay 
passage of at least some of the bills that we have worked so hard on in 
the committee and that are packaged in S. 2739. The amendments the 
Senator has filed under the unanimous agreement are sweeping generic 
changes to aspects of Federal land management. While aspects of some of 
them may have merit, they should only be considered through the 
committee process where the substance and consequences can be 
illuminated and debated in hearings. I doubt that there is any Senator, 
including me, who is 100 percent supportive of every line in these 
bills that compose S. 2739; but, as with everything else we do around 
here, there had to be give and take on both sides of the aisle to come 
to agreement on many of these measures. And since it has not been my 
experience that we will ever be able to satisfy the junior Senator from 
Oklahoma, I recommend that we proceed to pass this bill without 
amendment.
  I yield the floor and thank Senator Bingaman for yielding to me.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, I wished to begin this morning by thanking 
Chairman Bingaman for his public assurance today that S. 2739, the 
Consolidated Natural Resources Act of 2008, will not be the final 
public lands bill taken up by the Senate this year.
  I know that is going to be encouraging news to the people of my home 
State who, in particular, want to see our treasured Mount Hood receive 
additional protection and want to make sure its scenic beauty will be 
preserved for future generations.
  As the chair of the Subcommittee on Public Lands and Forests, I know 
firsthand how important these public lands bills are to folks in the 
States where the lands are located. There are several pieces of 
legislation that involve my home State. The proposals contained in this 
bill have all passed the House, passed the Senate Energy and Natural 
Resources Committee, and I hope they will become law.
  I especially express my appreciation to the distinguished senior 
Senator from Washington, Mrs. Murray, who has toiled month after month 
after month on her extraordinarily important wild sky wilderness 
legislation. She, of course, is joined in that by our colleague Senator 
Cantwell. This is going to be something of great pride to all of us in 
the Pacific Northwest. I congratulate Senator Murray and Senator 
Cantwell on their efforts.
  Today, though, as we deal with S. 2739, we also include in that 
legislation that I authored, referred to by Chairman Bingaman, the Park 
Service authority to enter into cooperative agreements to better 
protect the parks' natural resources. Chairman Akaka has joined me in 
this effort, and I commend him for all of his work to protect our 
treasured national parks.
  The legislation also includes another bill to study the Columbia 
Pacific Natural Heritage Area, something that has been of great 
importance to local communities. It also includes important legislation 
for my home State to protect our water resources.
  It is important to note that our work cannot be considered done with 
this legislation. There is another public lands package reflecting the 
work of many Senators in the Energy and Natural Resources Committee 
which also contains a number of important pieces of legislation that 
have strong bipartisan support. Among those bills are two measures 
vitally important to the people of my home State: the Lewis and Clark 
Mount Hood Wilderness Act of 2007 and the Copper Salmon Wilderness Act. 
That is why it is my view that the Senate should move quickly on 
today's legislation, S. 2739, and then, with the bipartisan leadership 
of Chairman Bingaman and Senator Domenici and colleagues on both sides 
of the aisle, go forward with other measures that have been, 
regrettably, stalled for much of this Congress.
  I have been to the floor before to speak about the Mount Hood 
Wilderness Act. This is a thoroughly bipartisan piece of legislation 
that I and

[[Page 5730]]

Senator Smith have worked on for many years. It passed unanimously out 
of the Energy and Natural Resources Committee. Regrettably, it has been 
held up for many months now. Mount Hood is one of the most photographed 
and visited wild places in the United States. The legislation we have 
written to protect this icon is the result of many meetings, scores of 
discussions from a diverse number of Oregonians. They are anxious to 
see this legislation moved forward. That is why it is so important that 
the Senate act after the Senate passes S. 2739. Countless Oregonians 
and other westerners have been frustrated to see all their years' 
efforts to enact new wilderness protections for Mount Hood, which has 
passed the Senate Natural Resources Committee, get stalled here on the 
floor.
  As I have noted in the past, the bill to protect scenic areas as 
Lewis and Clark first saw them has now taken longer to get through the 
Senate than it took Lewis and Clark to get to Oregon. Our constituents 
don't understand how a bill that has such strong bipartisan support is 
being held up. They don't want to see it held hostage, not for partisan 
politics or for any other reason. They also feel that Copper Salmon is 
a gem that deserves protection.
  The bipartisan legislation to protect Mount Hood builds on existing 
Mount Hood wilderness but adds more wild and scenic rivers and provides 
a recreation area to allow diverse recreational opportunities. We would 
protect the lower elevation forests surrounding Mount Hood and the 
Columbia River gorge. The protected areas include scenic vistas, almost 
126,000 acres of wilderness and, in tribute to the great river-
dependent journey of Lewis and Clark, the addition of 79 miles on nine 
free-flowing stretchers of rivers would be added to the National Wild 
and Scenic River system. From what Senator Smith and I hear about our 
legislation and the places we have proposed for wilderness protection--
and we have talked to local community leaders, to environmentalists, to 
timber and mining interests--we believe we have gotten this legislation 
right.
  The bill responds to the thousands of comments I have received on 
both of my previous efforts to protect Mount Hood, input at public 
meetings held in Oregon, and letters and phone calls. I have met with 
over 100 community groups and local government leaders, members of our 
congressional delegation, the Governor and the Bush administration. 
Among the comments we got was a resounding cry for additional 
wilderness, particularly more recreational opportunities.
  There are currently 189,200 acres of designated wilderness on the 
Mount Hood National Forest. The legislation we are talking about would 
increase that amount by about 126,000 new acres of wilderness. These 
protections, protections for such important Oregon places, should not 
be held up by procedural wrangling. It is one thing if there is any 
sense on a piece of legislation involving wilderness of significant 
interest groups not being consulted, not being allowed to participate. 
I can see every reason to hold up that kind of legislation. But when 
everybody feels they have been consulted, you have complete bipartisan 
support from the State and the Natural Resources Committee, we ought to 
be in a position to move forward.
  I am going to repeat today what I have said before: My doors are open 
to every Member of the Senate on this legislation and everything else. 
If you want to get anything important done, you have to work with 
colleagues. If there are additional objections to Senator Smith and me 
moving forward with the Mount Hood legislation, we want anybody who has 
an objection to come to us, because we will meet them halfway in an 
effort to try to address their concerns. But we have to do what 
Chairman Bingaman has pledged today, and that is to have an additional 
package of bills that is so important. I know the distinguished 
chairman from New Mexico has measures that are important to him. He has 
brought a bill to the floor of the Senate today because he wants to 
help all of the communities across this country that have worked to try 
to address these issues. I commend Chairman Bingaman for it. Frankly, I 
respect his selflessness in this effort. But we have to move on after 
we act today.
  I hope this legislation will pass quickly, that it will then be 
possible for the Senate to turn to the next public lands bill, and we 
will be able to adopt that swiftly.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, I have listened patiently to what has been 
said. One of the things that has to be stated, if we want to change the 
rules of the Senate, that is fine, but it is important for the American 
people to know what a unanimous consent request is. This bill contains 
26 separate pieces of legislation where on over four dozen of them we 
have had no objection whatsoever, ever. Not one time have we raised any 
objection. But a unanimous consent request says, No. 1, you agree with 
the legislation. No. 2, you don't think it should be amended. No. 3, 
you don't think the Senate ought to vote on it. We have a major 
difference of opinion about what priorities are and what they should 
be.
  I heard the distinguished Senator from New Mexico talk about 
frustration. Who is watching out for the frustration a child born 
today, encompassing $400,000 of unfunded liabilities, is going to have 
when that bill comes due? Where is the worry about the frustration for 
future generations? People say this is noncontroversial. Let me tell 
you, it is controversial when you are talking about infringing on the 
property rights of people without their permission. That is 
controversial. We have a difference of opinion on that. We think 
heritage areas and the disclaiming of heritage area has no impact on 
property rights.
  That is absolutely untrue. It does impact. Property rights are a real 
right guaranteed in this country. We are going to set up boards that 
will influence, with the money we give them, private property use and 
utilization without an equal influence by the private property owners. 
We do have a difference of opinion.
  At the end of this fiscal year, September 30, the accrued actual debt 
on the books for this country will become $10 trillion. We are going to 
add $3,000--2,800 and some odd dollars--per man, woman, and child at 
the end of this year to the debt. People say it is noncontroversial. 
Four dozen of these are noncontroversial. But this idea that we have to 
authorize, it is either a wink and a nod, or we are totally dishonest 
with the American people. If we are authorizing it, we intend to spend 
the money. We wouldn't be authorizing it if we didn't intend to spend 
the money. My objections are not that we do the right things for 
protecting our parks or creating the right environments in our forests 
and ensuring that the great treasures of our country are not protected. 
I want to make sure they are available. But to claim, when we have a $9 
billion deficit in terms of backlogged work in our parks right now, as 
documented by the U.S. Park Service, $9 billion of work that needs to 
get done that we can't get done, to say this isn't going to have any 
impact on it, it is going to have an impact. It is going to delay the 
maintenance on the very things we say we treasure. So what have we 
done? What are we doing?
  We are having a discussion about a small area that supposedly doesn't 
cost much money. It hasn't been scored, but those things in it that 
have been scored, it is over $350 million per year, a third of a 
billion dollars. What are we talking about? This debate is about 
whether we face up to the priorities in front of us as a nation. It is 
not about being against parks. It is not about being against the 
process. It is about making sure somebody in this body is standing up 
thinking about the future finances of this country and what we are 
going to do to our children. This is another example of what I 
believe--and I know I am in the minority--is a misplaced priority. How 
do we justify it, when we own, as the Senator from New Mexico said, 30 
percent--I thought it was 38.5 percent--of all the land in the country? 
When we are not taking care of the land we have, how do we justify

[[Page 5731]]

adding more land? We added 90 million acres to Federal Government 
property in the last 8 years. That is 90 million acres that are taken 
off the property rolls of communities and States. We take it away. We 
control it, and then we don't take care of it. But now we are adding 
more. We are doing it more.
  Let's talk about some of the issues. This is a noncontroversial bill 
is what we have heard. How about $2 million of our kids' money to 
celebrate the 200th anniversary of Robert Fulton and the Claremont? At 
a time when this year we are going to borrow $600 billion, we are going 
to spend $2 million on a celebration? Why don't we celebrate the fact 
that we are going to put our kids in debt more? That is what we should 
be celebrating, if we are so proud of this. How about $2 million to 
create a commission to celebrate the 400th anniversary of the voyage of 
the Champlain. Do we have $2 million to throw away? We are going to 
throw that away on something that is not important, considering where 
we are in this Nation and the debt and the heritage we are going to 
leave our children. You bet we have a difference of opinion.
  The American people want us to start thinking in the long term, not 
the short term. Do we look good if we have done all these bills back 
home? You bet. We wink and nod and say: We are doing it. Either we are 
going to appropriate the money or we were dishonest with them in the 
first place. We are going to spend the money. How do we walk out of 
here and say: We got you what you wanted? We do not really intend to 
spend the money--unless we really do intend to spend the money, so then 
it really does make a difference, and we cannot maintain what we have.
  There was a very wise historian, his name was Alexander Tytler. This 
is attributed to him. I am not sure it is really his, but the words 
were spoken. They are not mine, but it is very apropos for where we 
are, not just on this issue; I am not a voice of frustration just on 
this issue. My colleagues know that. I think it is time for us to start 
thinking about the long-term in this country and not the short-term 
politically expedience that says we look good at home.
  Here is what Tytler said: A democracy cannot exist as a permanent 
form of government. It can only exist until the voters discover that 
they can vote themselves largess from the public treasury. From that 
time on, the majority always votes for the candidates promising the 
most benefits--we got you done what you want done at home; whether we 
can afford it or not does not matter, but we got it done--with the 
result that a democracy always collapses due to loose fiscal policy, 
always followed by a dictatorship.
  That is the history of the world. We are contributing to our own 
demise as we think short-term political expediency so we can look good 
at home, so we can satisfy demands at home.
  Will Durant said:

       A great civilization is [never] conquered from without 
     until it has destroyed itself [from] within.

  We have now $79 trillion worth of unfunded liabilities that we are 
getting ready to lay on our kids and grandkids, and we are not thinking 
a thing about probably $1 billion with this bill of new additional 
expenditures for next year, if it gets appropriated. It is the price of 
doing business in Washington. We do not have that luxury anymore. We do 
not have the luxury of mortgaging the future of our children anymore.
  Why is the dollar at a historic low right now? Is it because we are 
in a slowdown or a recession? Is that it? No. It does not have anything 
to do with it. It has to do with the world confidence in our ability to 
repay our debt and the debt the rest of the world sees coming to us, 
which comes out to, if you were born today, $400,000 over your 
lifetime. Now, how many of us have children or grandchildren who could 
absorb just the interest on $400,000? A few, but most of us could not 
do that.
  So this debate is a philosophical debate. I am not worried about 
being a source of frustration in the Senate. I am worried about the 
future of our country, and if I create some scrapes and bruises on my 
way to wake us up to what the American people want us to do--which is 
think long-term, fix the structural problems, and quit pandering back 
to our individual desires in the State--this Congress has become a 
parochial Congress. It is more important to do what is right for your 
State than it is for what is right for the country. How dare us. That 
has nothing to do with our oath. None of us has our State mentioned in 
the oath we take when we accept this office.
  So we are about to pass 62 pieces of legislation, none of which had a 
hearing until after they passed out of the committee--17 hearings post 
coming out of the committee. As to saying we have to meet this because 
it is bipartisan, it is a bipartisan failure to think about the future 
of this country and what is in the long-term best interests of the 
country, as we satisfy looking good at home to ensure our next election 
is put ahead of the next generation of this country.
  I am not going to participate in that. I am going to continue to work 
to make sure any piece of legislation that comes to this floor is 
thinking about the long-term, not the short-term. If that creates ill 
will among my colleagues, I apologize in advance. I would much rather 
be remembered as somebody who was interested in protecting the future 
of our children than playing nice in the Senate. As Phil Gramm said: I 
didn't come here to make friends, and I haven't been disappointed.
  The real fact is, what did we all come here for? We all came here 
with that in mind, to do what is best in the long-term interests of our 
country. It is important for us to be reminded when we are not doing 
that. There can be a difference of opinion about priorities. There 
cannot be a difference of opinion about the amount of trouble we are 
in. There is no difference of opinion in terms of trouble. It does not 
matter how we got here. The fact is, we are here. We are in trouble.
  How is it that we put a delegate for an island territory in this bill 
that has 60,000 residents that we are going to put $5.6 million into 
over the next 3 years? That we are going to create another delegate--
what does that have to do with natural resources and lands? How did 
that get in here?
  We have added an intermodal transportation center in Trenton, ME. It 
authorizes the Federal Government to pay 40 percent of it, no matter 
what it costs. There is no limitation that this will be a competitively 
bid contract. No matter what it costs, we are on the hook for 40 
percent of whatever it costs. And we are on the hook for 85 percent of 
what it will cost to run it thereafter. The only problem is, there are 
three other visitor centers within walking distance of this one. But we 
wanted to do it.
  I could go on and on and on. The fact is, this debate is not about 
process. It may be to you, but it is not to me. This debate, for me, is 
whether we are going to change our behavior at every point to start 
thinking about the long-term future of this country.
  I have the greatest respect for Chairman Bingaman. He has been an 
absolute gentleman to me in every way in every dealing. But we have a 
philosophical difference. He is charged to move bills out, to get 
things done. Most of them that have no cost he will readily agree I 
have had no objection to. He knows that. We have not tried to block 
those. But they are combined with the other bills because they know 
that is a force to create the votes, to get things that might be 
somewhat more controversial spending. That is his job. I understand 
that.
  I have no ill will toward anyone. What I have an ill will for--and 
when I leave the Senate, what I will take to my grave--is not being 
good enough to convince us to do what we swore an oath to do, and that 
is to think long-term, think what is best for our country, not what is 
best for our State; think what is best for our children, not what is 
best for us; think what is best for our country, not what is best for 
our party; think what is best for America. We are losing. Consequently, 
we see it happening in our country.
  So it is time to really clarify what this debate is about. It is 
really not about a lands bill; it is about the philosophy where we 
continue to work and

[[Page 5732]]

run like a loose barge in the Mississippi River that does not have a 
tug associated with it. Are we going to do that? Because that is what 
is happening.
  One amendment I am going to be offering just says we ought to know 
what things cost. How much land do we have and how much does it cost to 
have it? We are going to have it objected to, not because it is not 
common sense but because we are afraid the whole package might not get 
accepted if something common sense is in it like knowing how much our 
land costs us, knowing how much land we have, having an inventory, and 
making a judgment, a metric about what we are doing. Nobody is thinking 
the big picture. We are thinking the political picture. So here is the 
amendment. It is not going to go anywhere, most likely, but it 
absolutely makes common sense that we would do that, that we would know 
all the properties we own.
  We have another amendment that is going to say that citizens have to 
give their approval when somebody comes onto their land who does not 
own their land--just basic property rights saying: If somebody is going 
to set up a heritage area, they ought to get permission to come onto 
private land, if it is your land and somebody is coming on it. We take 
that right away in heritage areas. It is gone. They do not have to do 
it. It is a commonsense amendment that says if you own land, you ought 
to have the right that is guaranteed you under the Constitution to have 
your land protected. It is your land.
  We have so much unwanted property where all the land agencies want a 
way to get rid of it, but yet they cannot. They cannot. They do not 
even have the money to get rid of it. So there is an amendment that 
says: Let's take 1 percent of the cost of this bill and allow the 
different agencies to get rid of the excess properties they have. It is 
not complicated.
  The other thing is, we are going to offer an amendment requiring that 
citizens within a national heritage area are informed of the 
designation before it happens. If we are going to pass a law that is 
going to impact somebody's private property, shouldn't we tell them 
ahead of time? Shouldn't they have notice? Shouldn't they have the 
rights guaranteed to them under the Constitution?
  I have spoken enough, but I think under the guise of the lands bill I 
have explained the real problem. There is a difference of philosophy. I 
will not stop fighting until we start thinking about the long-term 
problems facing this country.
  I will not stop objecting to spending money that we know we intend to 
spend. We are just playing the game that: Oh, it is not an 
appropriation. Well, almost 30 percent of the appropriations are not 
authorized. So you cannot have it both ways. A third of the money we 
appropriate under the appropriations process is not authorized to begin 
with. So authorizations actually do not mean anything, do they? Or do 
they? Yes, they do, because they are not going to get appropriated, or 
they are, and if they are, we ought to be talking about real money that 
is going to be spent.
  I want to talk for a minute about the backlogs in our parks because I 
think if the American people knew it, they would not stand for it until 
we did something. The National Park Service faces, right now, a $9 
billion backlog. That is their number. That is not Tom Coburn's number. 
That is their number, a $9 billion backlog. With this legislation, they 
are going to take on more responsibility with no increased funds, which 
means the backlog is going to grow.
  The Facilities Management Division of the National Park Service 
reveals there are at least 10 States where National Park Service 
maintenance backlogs exceed $100 million per park--$100 million per 
park. Twenty States have facilities with deferred maintenance exceeding 
$50 million. That does not include road maintenance, which is far 
higher. None of these numbers include the road maintenance we have not 
supplied the money for either.
  They maintain 1,466 buildings built before 1900 but do not have the 
money to maintain them. They have 4,975 buildings constructed before 
1950 but do not have the money to maintain them. They have 2,500 fixed 
assets--2,500 fixed assets--they do not want but this committee will 
not create a way for them to get rid of. They are still spending money 
on 2,500 facilities--2,500 different buildings--that they do not want, 
that they spend money on every year, that they are not using, but they 
have to keep it up.
  The National Park Service has 31 sites in California alone. They have 
a State backlog, in California parks alone, of $584 million, exclusive 
of any roadwork. California is home to many of our treasures: Yosemite, 
Golden Gate, Sequoia.
  New York national parks: They face a $347 million backlog--$347 
million--home to Ellis Island, the Statue of Liberty. The Statue of 
Liberty has a maintenance backlog of $185 million, work that needs to 
be done on it. We are not doing it.
  National parks in Wyoming: a $205 million maintenance backlog. That 
is Yellowstone, Grand Teton, Devils Tower. Yellowstone has a $130 
million backlog. It is one of our great treasured western assets. 
Everybody who visits there has total enjoyment from it, and yet it has 
a $130 million backlog which we have not addressed.
  There are no increased authorizations for maintenance backlogs. 
Glacier National Park in Montana, a backlog of $400 million; 
Washington, DC, home to our monuments, a $371-million maintenance 
backlog; New Mexico, $41 million; Arizona, $192 million. The National 
Parks Conservation Association said this: The average budget shortfall 
among 100 park units is 32 percent. In other words, we are supplying 
two-thirds of what they need to maintain their parks adequately, and 
with this bill we are going to be adding to all that and other lands 
other things they are going to have to be doing because of this bill, 
but we are not going to address the real needs.
  Each of the new projects in this bill will siphon funds away one way 
or the other, directly or indirectly, from these important projects. 
Are we good stewards if we add things to be stewards of when we are not 
caring for the things we have already?
  There was a wise man who once said: He who is faithful with small 
things will be faithful with big things. I would surmise and put 
forward to this body that we have not been good stewards with what we 
have already. Yet we are going to add to them.


                           Amendment No. 4522

  Mr. President, I call up amendment No. 4522, and I ask unanimous 
consent that it be read and that Mr. McCain be added as a cosponsor of 
that amendment.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn] proposes an 
     amendment numbered 4522.

  Mr. COBURN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To require the Director of the Office of Management and 
  Budget to determine on an annual basis the quantity of land that is 
   owned by the Federal Government and the cost to taxpayers of the 
                         ownership of the land)

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901 ANNUAL REPORT RELATING TO LAND OWNED BY FEDERAL 
                   GOVERNMENT.

       (a) Annual Report.--
       (1) In general.--Subject to paragraph (2), not later than 
     May 15, 2009, and annually thereafter, the Director of the 
     Office of Management and Budget (referred to in this section 
     as the ``Director'') shall ensure that a report that contains 
     the information described in subsection (b) is posted on a 
     publicly available website.
       (2) Extension relating to certain segment of report.--With 
     respect to the date on which the first annual report is 
     required to be posted under paragraph (1), if the Director 
     determines that an additional period of time is required to 
     gather the information required under subsection (b)(3)(B), 
     the Director may--
       (A) as of the date described in paragraph (1), post each 
     segment of information required under paragraphs (1), (2), 
     and (3)(A) of subsection (b); and

[[Page 5733]]

       (B) as of May 15, 2010, post the segment of information 
     required under subsection (b)(3)(B).
       (b) Required Information.--An annual report described in 
     subsection (a) shall contain, for the period covered by the 
     report--
       (1) a description of the total quantity of--
       (A) land located within the jurisdiction of the United 
     States, to be expressed in acres;
       (B) the land described in subparagraph (A) that is owned by 
     the Federal Government, to be expressed--
       (i) in acres; and
       (ii) as a percentage of the quantity described in 
     subparagraph (A); and
       (C) the land described in subparagraph (B) that is located 
     in each State, to be expressed, with respect to each State--
       (i) in acres; and
       (ii) as a percentage of the quantity described in 
     subparagraph (B);
       (2) a description of the total annual cost to the Federal 
     Government for maintaining all parcels of administrative land 
     and all administrative buildings or structures under the 
     jurisdiction of each Federal agency; and
       (3) a list and detailed summary of--
       (A) with respect to each Federal agency--
       (i) the number of unused or vacant assets;
       (ii) the replacement value for each unused or vacant asset;
       (iii) the total operating costs for each unused or vacant 
     asset; and
       (iv) the length of time that each type of asset described 
     in clause (i) has been unused or vacant, organized in 
     categories comprised of periods of--

       (I) not more than 1 year;
       (II) not less than 1, but not more than 2, years; and
       (III) not less than 2 years; and

       (B) the estimated costs to the Federal Government of the 
     maintenance backlog of each Federal agency, to be--
       (i) organized in categories comprised of buildings and 
     structures; and
       (ii) expressed as an aggregate cost.
       (c) Use of Existing Annual Reports.--An annual report 
     required under subsection (a) may be comprised of any annual 
     report relating to the management of Federal real property 
     that is published by a Federal agency.

  Mr. COBURN. Mr. President, this is a straightforward amendment. It 
requires an annual report of the Federal Government detailing the 
amount of property the Federal Government owns and the cost of 
Government and landownership to taxpayers.
  This is just a small chart that shows the amount of land the Federal 
Government owns. As my colleagues can see, two-thirds of the Western 
United States is owned by the Federal Government in one form or 
another. It recognizes all of the core land, the parkland, the forest 
land, the heritage areas that are not--it doesn't recognize the 
heritage areas that we don't own, but it does recognize all the land 
holdings. Nobody has a metric on what we own. Not any one agency knows 
what we own in total, nor does anybody know what it costs us to own it, 
nor does anybody know what it costs the communities for us to own it 
because it has been taken off the tax rolls.
  Each year, the Office of Management and Budget would be required to 
issue a public report detailing Federal landownership. The report would 
specifically include the total amount of land in the United States and 
the percentage that is owned by the Federal Government; the percentage 
of all U.S. property that is controlled by the Federal Government--not 
necessarily owned, but controlled--the total cost of operating and 
maintaining Federal real property, including land, buildings and 
structures; a list of all Federal property that is unused and vacant--
because why should we continue to maintain properties that are unused 
and vacant--including all buildings and structures; and the estimated 
cost of the maintenance backlog at each Federal agency with regard to 
their land holdings.
  What this will do is give the taxpayers some transparency about the 
real nature of what we are doing. We are going down an alley blindly. 
We don't know what the cost is. We don't know what the total is. We 
certainly don't know what we are creating when we add more to it when 
we don't know the metrics on what we have already.
  One of the things we need is greater accountability on the 
maintenance. It is strange to me that we can do what we are doing with 
this bill and not already know this information. Why would we not know 
what our total land holdings are and what their costs are? There are no 
requirements under current law to require public disclosure of the 
amount of land controlled by the Federal Government or the cost of such 
occupation to the taxpayers. There was an Executive order issued in 
2004 that would require some of it to become publicly available, but 
what this amendment says is it all should be. It is an inventory. Every 
other organization, including the States, know what they own, and they 
know the cost to manage what they own. It is called management 
accountability. Transparency is the thing that leads to accountability.
  When the President directly required the Office of Management and 
Budget to release a high-level report giving a picture of property 
ownership between 2004 and 2005, the Government decided to stop 
releasing the information on public domain lands. Wonder why that is. 
What happened is 90 percent of the lands aren't reported. So this 
amendment would legally require the Government to release information 
on all land it owns, how much it costs to maintain, and require the 
Government to track the growth of Federal landownership around the 
country.
  This isn't hard to do. Once you have the database, all you do is add 
and subtract. The first year it will be tough. Every year after that it 
would not be hard at all. It is a computer program.
  Governments track the property that individuals own. The Government 
therefore should disclose the same information about the land holdings 
that it has. The Government knows what land we own. Why shouldn't the 
American people know what land the Government owns? It is just common 
sense. If we want to manage our resources and manage our properties, 
then we have to know what it is and what it costs, but we don't. We 
don't use zero-based budgeting. Whatever they spent last year, they 
just ask for more. At the end of the year, if it is not all spent, they 
make sure they spend it; otherwise, they are liable to get a cut. So we 
are not putting the money in based on what we know the need is; we are 
putting the money in based on a historical record that is obviously 
failing to maintain our national parks.
  I will discontinue with any further debate on this amendment and 
yield to the chairman of the committee. I would just say commonsense 
knowledge about what we own and what it costs us is something the 
American taxpayer ought to have, and to vote against this for some 
reason because we can't goes back to the same philosophical argument. 
We are going to have the short-term excuse for the long-term problem, 
and we are never going to get out of this hole.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, let me respond on this particular 
amendment that the Senator from Oklahoma has presented or called up for 
consideration.
  The amendment does require the Director of the Office of Management 
and Budget to post an annual report on the Internet that details quite 
a few different things. First, how much land is ``within the 
jurisdiction of the United States;'' second, how much of that land is 
owned by the Federal Government, both in total and on a State-by-State 
basis; third, a description of how much it costs to maintain all lands, 
buildings, and structures on an agency-by-agency basis; fourth, 
extensive information on the number of unused and vacant assets and the 
value of operating costs for each such vacant asset; fifth, the 
estimated maintenance backlog of each Federal agency, presumably on 
these various assets.
  The amendment does not just apply to national parks and national 
forests and reclamation projects and public domain lands which, of 
course, our committee would have jurisdiction of, the Energy and 
Natural Resources Committee, but also the national wildlife refuges, 
Indian trust lands, GSA properties, post offices, military bases and 
facilities, veterans hospitals. And those, of course, are under the 
jurisdiction of other committees I do not serve on.
  To give a sense of the breadth of the amendment, the Office of 
Management and Budget would have to provide detailed information each 
year on approximately 1.2 billion real property

[[Page 5734]]

assets worldwide and over 636 million acres of land.
  There is no provision in the amendment to exempt any sensitive 
information that the Department of Defense might wish to withhold or 
the Department of Energy or the CIA or any other agency that has a 
national security responsibility.
  While there is certainly room for improvement in Federal property 
management--and in that regard I agree with the Senator from Oklahoma--
I do not believe we are ready to act on this amendment at this time or 
adopt this amendment. I believe compliance with the amendment would be 
very burdensome, time consuming, and expensive, and, of course, it is a 
responsibility that would have to be updated each year.
  My own view is, this amendment, if proposed as a freestanding bill, 
would not be referred to our committee, not the Energy and Natural 
Resources Committee. I believe it would be referred to the Homeland 
Security Committee because they have Government-wide responsibility. We 
have no idea how much cost would be involved to each agency in 
compiling this information for the Office of Management and Budget. I 
assume it would be a substantial cost, and it is not one that I think 
we should act upon with this bill without any idea of that cost.
  So my own preference, frankly, would be that if the Senator wishes to 
have a report such as this developed, the appropriate way to proceed 
would be to go to the chairman and ranking member of the Homeland 
Security Committee, ask for a hearing on this proposal, get that 
committee to look seriously at what can be done to develop this kind of 
report, what cost is involved in developing this kind of report, 
whether there are needs that national security would require for 
putting some exemptions into this report so that we would not be 
putting on the Internet information that some of our national-security-
related agencies would not want posted on the Internet. That would be 
the approach I would urge on my colleague.
  So for all of those reasons, I oppose the amendment and urge my 
colleagues to oppose it when it comes to a vote.
  The PRESIDING OFFICER. The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, I will defer to my colleague from 
Oklahoma.
  Mr. COBURN. Mr. President, would my colleague yield for just a moment 
so I may respond?
  Mr. SCHUMER. I would be happy to.
  Mr. COBURN. I want the chairman of the committee to know that we 
worked very closely with OMB as we developed this amendment. This is 
not a significant cost because they have been gathering this data to a 
certain extent already. I would gladly take a second-degree amendment 
to offset any sensitive data that might be incurred so it would not be 
made available.
  There is no question there is some cost to it, but the yearly cost is 
minimal, and OMB has already stated that. The cost of establishing it, 
yes, I agree, it would be hard. But what my colleague has said is we 
really don't want to manage all of the properties because we don't want 
to know. That is the important thing, that we can't directly manage 
them unless we do that.
  So I yield the floor.
  Mr. SCHUMER. Mr. President, I thank my colleague from Oklahoma, with 
whom I do not agree on many things, but I know he speaks with integrity 
and from the heart.
  I rise to speak in support of S. 2739, the Consolidated Natural 
Resources Act of 2008, which we are working on. I wish to thank my 
colleague from New Mexico, Chairman Bingaman, and Vice Chairman 
Domenici for their leadership on this legislation. We have waited a 
long time for it. In the Senate we need to get just about everyone on 
board. Due to some Senators' steadfastness, including Majority Leader 
Reid's, we are here today.
  All provisions of the legislation are important, but there is one 
provision for western New York for which we have waited a very long 
time, and that is the provision that would designate land at thematic 
sites along the entire Niagara River corridor--from Buffalo in the 
south to Lake Ontario in the north--as a national heritage area.
  Establishing this heritage area will allow us to protect the world 
class natural resources of Niagara Falls while promoting tourism and 
economic development in the region. For the first 5 years of this 
heritage area, a Federal commission would work to implement a 
management plan to capture the full benefits of the natural, historic, 
cultural, and recreational resources of the entire Niagara Falls 
region.
  Known the world over, Niagara Falls, of course, is a geological 
wonder that has drawn visitors for more than 200 years. But the region 
has so much more than just the profound drama of beautifully cascading 
waters.
  The Niagara River corrridor has played an important role in our 
Nation's history. Native American culture, early European exploration, 
the French and Indian War, the American Revolution, the War of 1812, 
the Underground Railroad, and the development of hydroelectric power 
all have strong connections to the region.
  Furthermore, the Niagara River corridor abounds with scenic beauty 
that offers something for recreational enthusiasts of all stripes. With 
numerous State parks in the area, hikers, fishermen, birders, and 
hunters flock to the region to enjoy its outdoor splendor.
  Despite these strong assets for tourism, visitors to the U.S. side of 
Niagara Falls have been on the decline for several years. Too much of 
the New York side of the border is marked by aging infrastructure and 
blighted land. And all too frequently, visitors spend far more time on 
the Canadian side of the falls, while barely visiting the New York 
side. We must reverse this trend.
  Let me be clear. The attractions and resources exist for the Niagara 
River corridor to become a world class destination. But the attractions 
it offers lack a comprehensive, unifying thread that ties the elements 
together in a meaningful way for the visitor.
  Designating the land a heritage area will help us link the existing 
sites of interest in a coordinated fashion, marking the region 
effectively, and attract more visitors. It will promote collaboration 
among Federal, State, and local resources and help spur investment and 
economic development in the region.
  Let me say that this heritage area has been years in the making. When 
I first was elected to the Senate in 1999, people in Niagara Falls said 
we have to do something. It probably surprises my colleagues that there 
is virtually no Federal involvement at Niagara Falls, one of our 
greatest scenic wonders. We tried to figure out the way to go. Some 
advocated it should be a national park, and there were other things. We 
concluded that the heritage area is the right way to go. It will allow 
Federal help to come to the region, Federal resources and experience, 
with planning and linking the great wonder of Niagara Falls to other 
historic and tourist attraction sites, but at the same time it will 
allow the local region to maintain control.
  So in 2001, at my request, the NPS reconnaissance team visited the 
region and recommended a congressionally authorized study be undertaken 
to determine the best development strategies for the area along the 
Niagara River. We asked them to look at the heritage area.
  In 2005, the National Parks Service completed that study. I thank the 
Park Service, because they certainly relied on local input. There was 
tremendous local input here, so nobody in the Niagara Falls area felt 
anything was being rammed down their throat. What they found--the Park 
Service--is strong local support for a heritage area, as well as a very 
great need for the resources it would offer. The report wrote:

       In order for Niagara Falls to fulfill its strategic role as 
     a key regional attraction, it is necessary for it to upgrade 
     the visitor experience to match the expectations of 21st 
     century travelers.

  That sums up the challenge we face in Niagara Falls. The study 
concluded that based on Niagara Falls' natural and cultural resources, 
the evidence of a thematic framework, the potential for effective 
public and private partnerships, as well as strong public support, the 
region met the criteria for

[[Page 5735]]

designation as a National Heritage Area.
  Last May, the Subcommittee on National Parks held a hearing on this 
issue, where I testified in support of the bill. After the hearing, we 
worked closely with both the National Park Service and the Energy 
Committee staff--whom I thank for the good work they do--to iron out 
the technical corrections to the bill so it could be discharged by the 
full committee. The heritage area has been studied now for more than 7 
years. It has broad public support, and it is time for it to become 
law.
  The $10 million authorized under this act should help Niagara Falls 
realize a substantial return on that investment. First and foremost, 
any Federal expenditures will be matched by State, local, or private 
contributions, adding millions more to the investment in the region.
  Second, it is estimated that implementing the heritage area would 
attract 140,000 new visitors per year, and some estimates project that 
this would infuse up to $20 million into the local economy annually.
  With the summer tourist season fast approaching, we are reminded that 
far too many visitors only view Niagara Falls from the Canadian side of 
the border. They have missed out on the history, culture, recreation, 
and natural beauty that is found in equal measure on the New York side. 
This legislation will take great strides in balancing that inequity and 
help revitalize an area of our country in need of investment and 
economic development.
  With that, I yield the floor and thank my colleague for working so 
long and hard with us to make this legislation today a reality.
  Mr. BINGAMAN. Mr. President, I believe the Senator from Oklahoma has 
three additional amendments he wants to present. I believe he has 30 
minutes on his side and I have less than 15 on our side. I will defer 
to him to go ahead, and then I will have a few minutes to respond.
  The PRESIDING OFFICER (Mr. Salazar). The Senator from Oklahoma is 
recognized.


                           Amendment No. 4521

  Mr. COBURN. Mr. President, I think we will finish well before 2:15. 
That is my hope. So if we are looking at votes, I hope they will have 
some notice about that time. I ask unanimous consent to set aside the 
pending amendment and bring up my amendment No. 4521, and I ask 
unanimous consent that Senator McCain be added as a cosponsor of the 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn], for himself and Mr. 
     McCain, proposes an amendment numbered 4521.

  Mr. COBURN. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To require approval prior to the assumption of control by the 
                 Federal Government of State property)

       At the end, add the following:

                        TITLE IX--MISCELLANEOUS

     SEC. 901. REQUIREMENT OF APPROVAL OF CERTAIN CITIZENS.

       (a) In General.--Subject to subsections (b) and (c), the 
     Department of the Interior, the Department of Energy, and the 
     Forest Service, acting individually or in coordination, shall 
     not assume control of any parcel of land located in a State 
     unless the citizens of each political subdivision of the 
     State in which a portion of the parcel of land is located 
     approve the assumption of control by a referendum.
       (b) National Emergencies.--The requirement described in 
     subsection (a) shall not apply in the case of a national 
     emergency, as determined by the President.
       (c) Private Landowners.--The requirement described in 
     subsection (a) shall not apply in the case of a voluntary 
     exchange between a private landowner and the Federal 
     Government of a parcel of land.
       (d) Duration of Approval.--
       (1) In general.--With respect to a parcel of land described 
     in subsection (a), the approval of the citizens of each 
     political subdivision in which a portion of the parcel of 
     land is located terminates on the date that is 10 years after 
     the date on which the citizens of each political subdivision 
     approve the control of the parcel of land by the Department 
     of the Interior, the Department of Energy, or the Forest 
     Service under that subsection.
       (2) Renewal of approval.--With respect to a parcel of land 
     described in subsection (a), the Department of the Interior, 
     the Department of Energy, or the Forest Service, as 
     applicable, may renew, by referendum, the approval of the 
     citizens of each political subdivision in which a portion of 
     the parcel of land is located.

  Mr. COBURN. Mr. President, the American Farm Bureau and American 
farmers and ranchers had endorsed all of these amendments at an earlier 
time. I assume they would again, because it is the same language that 
was used in the past. Today, the National Taxpayers' Union endorsed 
these as commonsense freedoms for us.
  This amendment is pretty straightforward. It says that if the 
Government wants to take your land, you ought to be able to say, yes, I 
agree or you ought to be able to say no. What this bill does is it 
authorizes the Federal Government--they can still acquire new lands, 
but if it is going to have an impact on your land--not their land but 
your land--the citizens ought to get a vote on it. It is called real 
transparency in government and real participatory democracy.
  A lot of Americans are concerned about the excessive Government 
influence over their land. We can say they are not, but they are. 
People in my State of Oklahoma, in New Mexico, New York, and every 
other State have great concerns about property rights. This amendment 
is intended to address those concerns. It simply requires the citizens 
affected by Federal Government land grabs, or heritage areas, or others 
where we are talking about private lands being impacted, to have a 
vote, to have a say in the matter. It authorizes the Departments of 
Agriculture and Interior to continue to acquire land by purchase or 
exchange. It will not affect that.
  The amendment would only apply to situations involving Federal 
eminent domain, when the Government takes property without the consent 
of the owner, or State and local governments cede private land to the 
Federal Government. The decision to cede property to the Federal 
Government may be voluntary by the State and local governments, but 
such a decision impacts the whole community. So all residents of an 
area, therefore, should have a voice in the decision to turn over 
public property that is controlled by bureaucrats in DC.
  Do you realize that in all of our Western States, any single 
bureaucrat has more control in that State than the Governor of the 
State, where they own the majority of the land? Their implied power is 
greater than the highest elected official in the State. What they say 
goes, because it is the Federal Government. So whether it is a park 
ranger or forest ranger or manager of a forest or the BLM, what they 
say has more power than what the chief executive of any of those States 
says. When we look at this, we are saying if the Federal Government is 
going to take something by eminent domain, the people it will impact 
should get a chance to say yea or nay.
  This goes back to the concept that we have a real right to own and 
hold property in this country. That is something many countries don't 
offer their citizens. We ought to be about protecting it at every 
level.
  This amendment would involve local residents in Government decisions 
about their neighborhoods and communities. Sam Adams profoundly 
questioned, ``What liberty can there be where property is taken away 
without consent?'' What liberty is there when your property is taken 
away without consent or impacted without your consent or your zoning 
ordinance, because some bureaucracy from Washington funded through a 
heritage area decided what the zoning ordinances are going to be and 
has millions of dollars to move it, to your detriment, the private 
owner of property. What liberty is there when property rights are taken 
away? This amendment ensures both liberty and consent. It is very 
straightforward. It doesn't affect Federal transportation projects, 
national defense, or homeland security.
  Delegating property decisions is not unusual. Eminent domain has been 
exercised through both legislation and

[[Page 5736]]

legislative delegation. It is usually delegated to another government 
body. But the power may be delegated to private corporations, as we saw 
in Connecticut, such as public utilities, railroads, and bridge 
companies.
  This amendment will delegate the final decision to the property 
holders who are being impacted--real property rights. If we agree as a 
majority, it happens; if we disagree, it doesn't.
  The Supreme Court has approved the widespread use of the power of 
eminent domain in conjunction with private companies to facilitate 
urban renewal, for low-cost housing, for deteriorated housing, and the 
promotion of values, as well as economic development. In Berman v. 
Parker, a unanimous Court observed:

       The concept of the public welfare is broad and inclusive. 
     The values it represents are spiritual as well as physical, 
     aesthetic, as well as monetary. It is within the power of the 
     legislature to determine that the community should be 
     beautiful as well as healthy, spacious, as well as clean, 
     well-balanced, as well as carefully patrolled.

  This ever-expanding government power essentially allows Congress and 
unelected bureaucrats for any reason to take private property from 
citizens with little, if any, recourse. What liberty when property 
rights are not preserved?
  This amendment is designed to provide some check on the ever-growing 
expansion on private property rights within this country.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Mr. President, let me speak briefly in opposition to 
this amendment and explain my understanding of it. This amendment 
prohibits the three agencies, the Department of Interior, Department of 
Energy, and the Forest Service, from assuming control--that is the 
phrasing in the amendment--over any parcel of land except through a 
voluntary exchange, unless the citizens of the political subdivision in 
which the parcel is located approve the assumption of control by 
referendum. Even if the assumption of control by the agency is approved 
by a referendum, that approval terminates at the end of 10 years, 
unless there is another referendum that extends it beyond 10 years.
  It seems likely to me that the amendment would affect more than just 
the acquisition of fee title to land. It appears to include the 
interests in lands, such as rights of way, easements, possibly water 
rights, taking lands into trust for Indian tribes, and perhaps even 
friendly condemnations for public purposes.
  As I read the amendment, since the only exception is for voluntary 
exchanges of property, I would think the sale of property--if one of 
these agencies wants to buy the land and a private landowner wants to 
sell the land to the agency, it would have to be approved by 
referendum. The amendment would give counties and communities, 
political subdivisions, veto authority over any Federal land ownership 
by these three agencies. I think it would frustrate congressional 
efforts to purchase or protect lands to make it virtually impossible to 
provide for any long-term Federal management or protection, such as is 
attempted in our national parks and monuments, wildlife refuges, 
historic sites, and wilderness areas. The amendment would adversely 
impact much more than land designated for conservation purposes. It 
would also impact Bureau of Reclamation dams, reservoirs, energy 
pipelines, and DOE facilities.
  I think the concept of having to do another referendum every 10 
years--I don't know how that would work, frankly. I don't know what 
would happen if you lose. Suppose the Federal Government goes ahead and 
acquires land through whatever means for a reservoir. At the end of the 
10 years, there has to be another referendum on whether the Federal 
Government should maintain that land for that reservoir. If the 
referendum fails, I don't know what we would do with that reservoir at 
that point. There is not much of a private market for reservoirs. I 
don't know what action the Government would be expected to take at that 
point.
  For a variety of reasons, I do not think this is a workable 
amendment, and it is one I urge my colleagues to oppose.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, I am going to try to move this debate 
forward. I see the Senator from Washington. Does she have debate on a 
specific amendment or comments on the bill?
  Mrs. MURRAY. Just comments.
  Mr. COBURN. Mr. President, we are going to try to get through our 
time agreement. I have two more amendments, if that is agreeable with 
the Senator from Washington.
  I will make one comment on what the Senator from New Mexico said. 
What I heard him say is there is something wrong with people deciding 
it. The real concept of our country is we get to decide, and we have 
bastardized that by saying the Federal Government knows best.
  I believe the people out there kind of know how things impact them. I 
think a plebiscite about what we are doing would be something that 
almost every American would welcome.
  Will there be problems with it? You bet. Democracy is messy, but it 
is free. Giving them the right to have that answer and to vote, that is 
something that was guaranteed in the Constitution before we had an 
activist court that took it away. This is about putting it back.


                           Amendment No. 4520

  I ask unanimous consent that the pending amendment be set aside and 
amendment No. 4520 be called up, and I ask unanimous consent that 
Senator McCain be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn], for himself and Mr. 
     McCain, proposes an amendment numbered 4520.

  Mr. COBURN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To ensure that all individuals who reside, or own property 
 that is located, in a proposed National Heritage Area are informed of 
             the designation of the National Heritage Area)

       On page 203, between lines 2 and 3, insert the following:

Subtitle G--Notification and Consent Requirements Relating to National 
                             Heritage Areas

     SEC. 491 NOTIFICATION REQUIREMENT.

       The Secretary of the Interior shall not approve a 
     management plan for a National Heritage Area designated by 
     this title unless the local coordinating entity of the 
     proposed National Heritage Area provides written notification 
     through the United States mail of the designation to each 
     individual who resides, or owns property that is located, in 
     the proposed National Heritage Area.

     SEC. 492. WRITTEN CONSENT REQUIREMENT.

       With respect to each National Heritage Area designated by 
     this title, no employee of the National Park Service or 
     member of the local coordinating entity of the National 
     Heritage Area (including any designee of the National Park 
     Service or the local coordinating entity) may enter a parcel 
     of private property located in the proposed National Heritage 
     Area without the written consent of the owner of the parcel 
     of property.

  Mr. COBURN. Mr. President, this is another straightforward, what I 
believe most Americans would agree with, commonsense amendment. It says 
citizens within a national heritage area are informed of the 
designation and that governing officials must receive permission to 
enter private property. It is simple.
  If I am in a heritage area, what happens often now is those who are 
empowered by the heritage area stake and survey your land, do all these 
things without your permission to enter your land--your land, not their 
land, your land. What we do is we broadly give the ability to violate 
property rights through the heritage area laws so people can access 
private property without permission. If I am wrong about that, then 
this amendment would cause absolutely no harm. But the fact is, I am 
right about it.
  This amendment reestablishes the right of private property owners to

[[Page 5737]]

control who goes on their land, when they go on their land, and what 
they are doing with their land. It reaffirms that if you have 
ownership, it is your land, and it does not take that right of a 
property owner away because it happens to be in a heritage area.
  More and more heritage area designations are being made with little 
knowledge of the landowners involved. S. 2739 establishes three new 
heritage areas and extends the authorization and funding of several 
existing national heritage areas.
  There is no requirement for the Federal Government to notify the 
individual within the area of its designation or its meaning. If we are 
going to have national heritage areas--and I agree at points they are 
great--do we not have an obligation to tell the landowner their land is 
getting ready to be subjected to all the parameters associated with a 
national heritage area? Do we not have the right and the obligation to 
ensure their property rights are protected as they are brought into a 
national heritage area?
  I believe the Constitution says we ought to do this, we ought to 
restore what was already there. What is liberty without the rights of 
property?
  I yield back the remainder of my time on this amendment.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, let me speak in opposition to this 
amendment as well.
  This amendment would establish new restrictions for the three 
national heritage areas that are designated in this bill. It would 
prohibit the Secretary of the Interior from approving a management plan 
for a heritage area unless the local coordinating entity, which is 
usually a nonprofit group that is promoting tourism in this heritage 
area and developing the management plan, has provided written 
notification to each individual residing or owning property there.
  The amendment also prohibits employees of the National Park Service 
or the local coordinating entity, usually the nonprofit group, from 
entering any private property within the heritage area without the 
written consent of the property owner.
  The amendment, in my view, fails to understand what the designation 
of a heritage area means. Let me read some boilerplate language we put 
in every one of these national heritage area bills. It says in the 
bill, and we have this three times in this legislation because there 
are three heritage areas: Nothing in the subtitle abridges the rights 
of any property owner, including the right to refrain from 
participating in any plan, project, program or activity conducted 
within the heritage area. Nothing in the subtitle requires any property 
owner to permit public access to the land. Nothing in the title alters 
any duly adopted land use regulation. Nothing in the title authorizes 
or implies the reservation or appropriation of any water or water 
rights. Nothing in the title creates any liability, affects any 
liability under any other law of any private property owner with 
respect to any person injured on private property.
  There is substantial confusion, I believe, about the idea that there 
is some great decrement of private property rights by the designation 
of these heritage areas.
  The prohibition against employees of the National Park Service or 
coordinating entity from being able to enter private property without 
written permission of the landowner does not make sense, in my opinion. 
Heritage areas do not involve acquisition of Federal land. The 
amendment applies to any private land within large areas of the State. 
We have one in northern New Mexico which I was urged to try to 
establish--and we were able to establish it--by people who wanted to 
promote tourism in northern New Mexico.
  Under this language, a member of the Park Service or the coordinating 
entity would not be able to go to a mall or a restaurant or go to any 
other private property in northern New Mexico in a three-county area 
without written consent of the landowner.
  In my view, the amendment should be defeated, and I urge my 
colleagues to vote against it when the time comes.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, in response, I wish to take a moment and 
read what three experts say about what the Senator from New Mexico 
said.
  James Burling, principal property rights attorney for the Pacific 
Legal Foundation:

       The so-called protections for private property are largely 
     symbolic; so long as regulators can browbeat landowners into 
     becoming ``willing sellers'' we will continue to see the 
     erosion of fee simple property ownership in rural America. 
     With the influx of federal funding, the regulatory pressure 
     on landowners to sell will, in many cases, be insurmountable. 
     The legacy we will leave to future generations will not be 
     the preservation of our history, but the preservation of a 
     facade masquerading as our history subverted by the erosion 
     of the rights that animated our history for the first two 
     centuries of the Republic.

  Joe Waldo, president of the Virginia property rights law firm Waldo 
and Lyle, said this:

       The bill before Congress has nothing to do with a 
     ``heritage trail'' but will result in a ``trail of tears'' 
     for those least able to stand up for their property rights. 
     This is no more than an effort to overreach by the federal 
     Government with regulations that will restrict homeowners, 
     farmers and small business people in the use of their 
     property.

  I ask unanimous consent, because of time limitations, to have printed 
in the Record the rest of these comments.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Real Private Property Protections in the Bill? What Do the Experts Say?

       (1) James Burling, principal property rights attorney for 
     the Pacific Legal Foundation, had this to say about H.R. 5195 
     (similar ``protections'' in 109th Congress)
       ``The so-called protections for private property are 
     largely symbolic; so long as regulators can browbeat 
     landowners into becoming `willing sellers' we will continue 
     to see the erosion of fee simple property ownership in rural 
     America. With the influx of federal funding, the regulatory 
     pressure on landowners to sell will, in many cases, be 
     insurmountable. The legacy we will leave to future 
     generations will not be the preservation of our history, but 
     of the preservation of a facade masquerading as our history 
     subverted by the erosion of the rights that animated our 
     history for the first two centuries of the Republic.''
       (2) Joe Waldo, president of the Virginia property rights 
     law firm Waldo and Lyle, said this regarding H.R. 5195:
       ``The bill before Congress has nothing to do with a 
     `heritage trail' but will result in a `trail of tears' for 
     those least able to stand up for their property rights. This 
     is no more than an effort to over reach by the federal 
     Government with regulations that will restrict homeowners, 
     farmers and small business people in the use of their 
     property.
       ``Traditionally the elderly, minorities and the poor are 
     most impacted by regulatory measures that restrict property 
     owners in the use of their land. Protecting our heritage is a 
     noble ambition, however these matters need to be handled at 
     the local level by those closest to the issues at hand. It is 
     important that the fundamental right of private property not 
     be threatened by more misguided federal legislation.''
       (3) R.J. Smith, recognized property rights expert and 
     senior fellow at the National Center for Public Policy 
     Research, said:
       ``The name itself for this National Heritage Area raises 
     serious questions. It seems improper, even indecent, to name 
     this the Hallowed Ground corridor and claim it is to 
     `appreciate, respect and experience this cultural landscape 
     that makes it uniquely American' when it tramples on the very 
     principles of private property rights, individual liberty and 
     limited government that the Founding Fathers risked and gave 
     their lives for. Lincoln himself reminded us in the 
     Gettysburg Address that `we cannot dedicate--we cannot 
     consecrate--we cannot hallow this ground.' He reminded us 
     that we must be dedicated to see that this `new nation' 
     `conceived in liberty' had `a new birth of freedom' and did 
     `not perish from the Earth.' Rejecting the very principles of 
     the Founding Fathers that created our liberty and freedom is 
     not a journey any free person should want to undertake.
       ``Any legitimate effort to attract tourism to old homes and 
     mansions and to quaint little country main streets should 
     properly be done privately and voluntarily by chambers of 
     commerce, booster groups, and preservationist organizations. 
     Not by the compulsory diktat of the National Park Service, 
     the U.S. Congress, and anti-growth Greens. If you want to 
     attract visitors try billboards, not federal force.''
       (4) And as Dr. Roger Pilon, director of the Cato 
     Institute's Center for Constitutional Studies, notes:
       ``There's nothing wrong with historic preservation--in 
     fact, it's commendable--but it's

[[Page 5738]]

     got to be done the right way. However worthy your ends, when 
     you prohibit people from using their property as they would 
     otherwise have a perfect right to do, you've got to pay them 
     for their losses. Indeed, it is not a little ironic to simply 
     take those historic rights in the name of historic 
     preservation.''

  Mr. COBURN. Mr. President, here is what I would say in response to 
the chairman's comment. It is not unreasonable to have somebody who 
does not own your land, has no real business on your land, ask 
permission to come on your land. That is an absolute subrogation of the 
rights guaranteed under the Constitution which we are now embracing and 
say it is fine to not have to get permission. That is not what comes 
with property rights under the Constitution. If our defense is we do 
not believe in the Constitution and the rights of private property 
rights, then I would say we are misguided in what we are doing.
  This is a simple way of saying, if we are going to have heritage 
areas and if I am a private property owner in a heritage area and you 
want to come on my property and survey, you ought to have to get my 
permission. You should not be able to come on my land without 
permission to do so.
  The fact is, example after example--and I will submit additionally an 
article from the Nation magazine on examples of exactly what happens in 
heritage areas to private property rights. It is called ``An Ugly 
Heritage.'' I ask unanimous consent to have printed in the Record this 
article.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    [From the Nation, Jan. 28, 2008]

  An Ugly Heritage--The Poor Man's National Park; The Citizen's Burden

                          (By John J. Miller)

       A few years ago, Lee Ott was driving around his vegetable 
     farm in Yuma, Ariz., when he spotted a crew of surveyors 
     putting stakes in his land. ``I stopped and asked them what 
     was going on,'' he recalls. It turned out they were marking 
     the boundaries of the Yuma Crossing National Heritage Area. 
     Ott's farm fell entirely within its 22 square miles, and 
     nobody had bothered to tell him. ``I became worried because I 
     wanted to build a new house and a shop on the farm,'' he 
     says. ``I didn't need anybody to give me a bunch of rules 
     about how they should look or whether I could even build 
     them.''
       So he decided to fight back. He met with the Yuma County 
     Farm Bureau, which then contacted all of the landowners 
     within the Yuma Crossing National Heritage Area. ``About 600 
     people came to our meeting,'' says Harold Maxwell, a farm-
     equipment distributor. ``When I asked for a show of hands 
     from those who knew they were in the NHA, only one hand went 
     up.''
       National Heritage Areas are like a poor man's National 
     Park--they aren't actually owned by the federal government, 
     but they're zoned by it. Instead of employing Park Rangers in 
     stiff-brimmed hats, they're often administered by liberal 
     groups that want to weaken the property rights of the people 
     who hold a piece of land within or even near NHA boundaries. 
     This is generally done in the name of historic preservation 
     and environmental conservation. The Yuma Crossing National 
     Heritage Area, for instance, includes an old territorial 
     prison and some wetlands along the Colorado River. Yet NHAs 
     are perhaps best regarded as a clever combination of pork-
     barrel spending and land-use regulations--and they're an 
     increasingly popular tool for slow-growth activists who 
     bristle at the thought of economic development that they 
     don't personally control.
       Since the first NHA was created in 1984 to preserve a 61-
     mile canal that runs between Lake Michigan and the Illinois 
     River, more than three dozen have come into existence. Today, 
     they're a growth industry: Ten were added in 2006 alone, and 
     last fall, the House of Representatives passed a $135 million 
     bill that swould set up six more. Some, such as the one in 
     Yuma, are just dots on the map. Others are sprawling. The 
     Tennessee Civil War National Heritage Area takes up the 
     entire state.
       ``These are basically federal zoning laws,'' says Peyton 
     Knight of the National Center for Public Policy Research, a 
     free-market think tank that has tried to draw attention to 
     the problem. The rules governing NHAs vary from place to 
     place, but they tend to have a few features in common. One 
     important element is the involvement of a ``management 
     entity'' that works in conjunction with the Park Service to 
     come up with a plan--in the case of one NHA, this means 
     creating an ``inventory'' of properties of ``national 
     historic significance'' that it wants ``preserved,'' 
     ``managed,'' or ``acquired.''
       Sometimes the ambitions of an NHA amount merely to a bit of 
     parkland pump-priming. The website of the Rivers of Steel NHA 
     near Pittsburgh boasts that it ``is spearheading a drive'' to 
     have the National Park Service absorb an old steel mill and 
     mentions a bill in Congress. So it's a federally funded 
     organization that lobbies Washington for ever more subsidies.
       But does the National Park Service really need more parks? 
     It already operates almost 400 sites. Although some remain 
     incredibly popular, visits within the system have declined in 
     the last decade--a trend that started before the terrorist 
     attacks of 9/11 resulted in fewer foreign visitors. What's 
     more, the Department of the Interior is having trouble 
     maintaining the properties it already runs. Its maintenance 
     backlog is a multibillion-dollar wish list of unfunded 
     repairs and improvements. The National Parks Conservation 
     Association, a non-profit group, says that the parks need an 
     extra $800 million per year just to fund their existing 
     operations adequately. This certainly isn't the result of a 
     Scrooge-like Bush administration: The Park Service is 
     spending more money per visitor, per acre, and per employee 
     than ever before.
       Supporters of NHAs insist that they aren't in the business 
     of buying or regulating property, which is true in the sense 
     that NHAs do neither of these things directly. But they work 
     to achieve these results indirectly, by encouraging local 
     governments to implement restrictive land-use plans. ``That's 
     how they achieve their goals--by pushing counties and towns 
     to do what they can't do for themselves,'' says Cheryl 
     Chumley, a Virginia writer who has tracked NHAs.
       They do this by dangling the prospect of federal largesse 
     in front of potential recipients. West Virginia's Wheeling 
     NHA, which is basically a downtown preservation project, 
     makes this explicit, according to a Heritage Foundation 
     report by Chumley and Ron Ott. Its management plan calls for 
     new zoning ordinances and the acquisition of private 
     property. And how will it achieve these goals? As Chumley and 
     Ott write, ``Major funding to support the activities . . . 
     and the recommendations of this plan will be coming from the 
     National Park Service.'' In the year prior to its most recent 
     available tax filing, the Wheeling NHA received more than 
     $2.5 million in government contributions--and not a dime from 
     private sources.
       One of the most controversial NHAs is the proposed Journey 
     Through Hallowed Ground, which would encompass a corridor 
     roughly 175 miles in length between Charlottesville, Va., and 
     Gettysburg, Pa. The exact boundaries aren't determined 
     because this NHA at least technically remains on the drawing 
     board. But that didn't stop Congress in 2005 from giving a $1 
     million earmark to the Journey Through Hallowed Ground 
     Partnership, a non-profit group that's pushing for the NHA. 
     The organization's board is full of slow-growthers, including 
     Peter Brink, the senior vice president of the National Trust 
     for Historic Preservation. ``If this NHA becomes a reality, 
     it would essentially deputize the National Trust and its 
     allies to oversee land-use policy in the whole region,'' says 
     Knight.
       Once upon a time, historic-preservation groups operated 
     public-education programs and tried to save old homes and 
     hotels, often by purchasing them. Nowadays, however, they're 
     much more interested in regulating land that they don't own. 
     In Oregon and Washington state, where property-rights 
     advocates have put forth ballot initiatives to compensate 
     landowners when government regulations lower the value of 
     their property, the National Trust has campaigned to defeat 
     them. It even worked to derail a transportation project in 
     Virginia because a proposed road expansion would have 
     increased traffic near the Chancellorsville battlefield--not 
     in it, just near it. Three years ago, Emily Wadhams of the 
     National Trust testified to Congress that ``private-property 
     rights have never been allowed to take precedence over our 
     shared national values and the preservation of our country's 
     heritage.''
       Last October, the Journey Through Hallowed Ground 
     Partnership issued a report on how it would pursue its 
     objectives in an NHA: ``Farmland, in particular, is a 
     threatened resource. . . . There are many opportunities to 
     further protect these resources through conservation 
     easements, Rural Historic District designations, Agricultural 
     and Forestal districts, and private and public easement and 
     land acquisition.'' Except for easements, in which landowners 
     sell certain rights to their land, each of these suggestions 
     would amount to having government agencies tell property 
     holders what they can do--or, more likely, what they can't 
     do. In September, more than 110 groups, including the 
     American Conservative Union, the Family Research Council, and 
     Freedom Works, signed a letter urging Congress to reject new 
     NHAs.
       Backers of Journey Through Hallowed Ground, including 
     Republican congressman Frank Wolf of Virginia, cite a poll to 
     claim that the public is behind them. What they don't reveal 
     is something that the Fauquier Times-Democrat, a local 
     newspaper, uncovered: The poll was sponsored by a group that 
     endorses, the NHA, and 96 percent of the people in the survey 
     didn't even know what the NHA is.
       That's what happened in Yuma, Ariz.: Congress created the 
     Yuma Crossing NHA, and

[[Page 5739]]

     hardly any of the locals knew about it until Lee Ott saw the 
     surveyors on his property. The good news is that, Yuma's 
     farmers fought back--they'asked members of Arizona's 
     congressional delegation to intervene, and eventually the NHA 
     was downsized dramatically. Today, it covers only, four 
     square miles. Threats loom elsewhere, however, and an exhibit 
     on the Yuma County Farm Bureau's experience will be featured 
     at this year's American Farm Federation Bureau convention.
       Although Monticello, the home of Thomas Jefferson, is run 
     by a private group rather than the federal government, 
     supporters of the Journey Through Hallowed Ground like to 
     mention that the boundaries of their NHA would include it. 
     They would do well to read Jefferson's words, and in 
     particular a line that their foes enjoy quoting: ``The true 
     foundation of republican government is the equal right of 
     every citizen in his person and property and in their 
     management.''

  Mr. BINGAMAN. Mr. President, before we leave this amendment, I wish 
to make one more point. I read the language that is in the bill in each 
of these heritage area provisions that says there is nothing that 
prohibits or restricts the right of the landowner to deny access to his 
or her private property. That is the case under State property law in 
every State in the Union.
  If I own a piece of property, if I am a private landowner and I don't 
want people coming on the land, I have the right to deny them access on 
my land. That includes Federal officials, surveyors, anybody I want to 
deny the right to come on my land. There is nothing in our legislation 
that in any way changes that.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                           Amendment No. 4519

  Mr. COBURN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside and amendment No. 4519 be the pending business. 
I also ask unanimous consent that Senator McCain be added as a 
cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn], for himself and Mr. 
     McCain, proposes an amendment numbered 4519.

  Mr. COBURN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To require the transfer of certain funds to be used by the 
Director of the National Park Service to dispose of assets described in 
   the candidate asset disposition list of the National Park Service)

       At the end, add the following:

                 TITLE IX--DISPOSITION OF CERTAIN FUNDS

     SEC. 901 CANDIDATE ASSET DISPOSITION LIST.

       For fiscal year 2008, and each fiscal year thereafter, 
     amounts made available to be used by the Director of the 
     National Park Service to dispose of assets described in the 
     candidate asset disposition list of the National Park Service 
     shall be equal to 1 percent of, and derived by transfer from, 
     all amounts made available to the Secretary of the Interior 
     carry out this Act for each such fiscal year.

  Mr. COBURN. Mr. President, I will try to do this fairly quickly 
because I know we are under a time constraint. Amendment No. 4519 
requires 1 percent of the----
  Mr. DOMENICI. Will the Senator yield?
  Mr. COBURN. I will be happy to yield.
  Mr. DOMENICI. To inquire, I heard the Senator ask who be made a 
cosponsor?
  Mr. COBURN. Senator McCain.
  Mr. DOMENICI. Did the Senator have an opportunity to discuss this 
with Senator McCain?
  Mr. COBURN. Senator McCain contacted me and asked me, requested to be 
a cosponsor of my amendments.
  Mr. DOMENICI. Of all these amendments.
  Mr. COBURN. All four of these amendments, yes.
  Mr. DOMENICI. I see. I will speak to that in my turn. I thank the 
Senator.
  Mr. COBURN. Mr. President, this amendment requires 1 percent of the 
new spending authorized in this bill to be used to dispose of excess, 
unused, and unneeded Federal property to offset some of the cost of the 
bill.
  What we know is we have a tremendous backlog in our parks. We have a 
tremendous backlog in almost every land ownership we have. We have 
tremendous maintenance needs in the Forest Service and tremendous 
maintenance needs in BLM. We are suffering to care for what we have.
  All this amendment says is take 1 percent--they listed 6,500 
different items they want to get rid of--and use the money to help them 
get rid of them so they do not continue to spend money maintaining what 
they don't want and don't need. At a minimum, this bill authorizes $380 
million of new spending, which only represents a fraction when we 
actually see what will happen. We will track this. My staff will track 
the actual spending that comes out of this bill in terms of 
appropriations so we will have it for historical reference. My 
amendment says to take 1 percent for use to get rid of these items and 
then take them away. When we have gotten rid of the excess items, we 
would not use the money to do that and that money will go to maintain 
the public parks we all value so much. It will help offset the hundreds 
of millions of dollars of new spending in the 2,000 property assets 
that in the Park Service alone have been slated for disposal but cannot 
be sold off solely due to the lack of funding to get rid of them.
  So all this does is it directs some authorization and says: Park 
Service, take these 2,000 things, here is some money, get rid of them--
the things you want to get rid of. And everybody agrees we should get 
rid of them. They haven't because they don't have the money because 
they have to go through all these various steps under the Federal 
Government's property rights legislation. But we say to them: Here is 
the money, so you don't continue to spend money on that, and instead 
you continue to spend money against this $9 billion backlog in our 
national parks.
  What this does is it allows them to get rid of assets they no longer 
need. This gives them a way and the funds to do that. It allows them to 
truly dispose of what they want to dispose of.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, let me speak briefly on this amendment 
and in opposition to this amendment as well.
  The amendment provides 1 percent of all amounts made available to the 
Secretary of the Interior to carry out the various provisions of the 
legislation--that is to the 60-some odd bills that are included here--
beginning in 2008 and each fiscal year thereafter, be made available to 
the Director of the Park Service to dispose of assets described in the 
candidate asset disposition list. This is a list of structures the Park 
Service intends to demolish or to dispose of.
  I think the description the Senator from Oklahoma made contemplated 
the sale of property. The truth is this is a list the Park Service 
keeps of buildings they no longer want to maintain. They wish to 
dispose of these, in the sense of destroying them, or tearing them 
down.
  The amendment is essentially a tax on future appropriations for all 
of the programs in this package to pay for a specific asset disposal 
program of one agency within the Department of the Interior. Many of 
the programs authorized in this legislation have nothing to do with the 
National Park Service. It makes no sense, in my view, to reduce amounts 
appropriated for various unrelated programs and to other agencies, 
especially when the Park Service has never identified funding of its 
asset disposal program as a problem.
  Each year we get a budget from the Department of Interior. They have 
never requested specific funds for this purpose. Instead, they use 
their regular construction funding to destroy property, to destroy 
these buildings when they determine that is a priority for them.
  The amendment, of course, in my view also impinges upon the 
jurisdiction of the Appropriations Committee. I am not on the 
committee, my colleague Senator Domenici is, but we are essentially 
saying here that all future appropriations that relate to bills that

[[Page 5740]]

are part of this legislation shall be taxed by 1 percent for this other 
purpose. That seems to me an unusual way for the Congress to begin 
undermining, through an authorizing bill, the appropriations that 
otherwise should be made by the Congress.
  I urge my colleagues to oppose the legislation.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Might I ask my colleague from New Mexico, how much time 
do you have left?
  Mr. BINGAMAN. Mr. President, 2 minutes is remaining?
  Mr. DOMENICI. For both of us?
  Mr. BINGAMAN. I gather that is in our total hour?
  I am glad to yield that to my colleague.
  Mr. DOMENICI. I thank my colleague.
  Senator, were you going to get some time on an amendment?
  Mrs. MURRAY. Mr. President, I have not had a chance to speak on the 
bill. If I could--I understand we may be delaying the votes because of 
other reasons. If I could get 12 minutes to speak, after Senator 
Domenici, on the bill.
  Mr. DOMENICI. Mr. President, first, I want to say to the Senator from 
Oklahoma that I have nothing but respect for him, and we have talked 
about the profession he practiced before he was a Senator, saving lives 
and being a doctor. But I do want to say that I wholeheartedly disagree 
with his approach to these bills and to what the Senator is doing in 
the Committee on Energy and Natural Resources in producing these bills 
for a vote. I think the Senator is wrong. I hope the Senate understands 
what he is doing, and I think if they do, they could each say to him: 
We appreciate what you are trying to do, but it is the wrong way to do 
it. It won't work.
  Now, if you talk to Senators about what is going on in the Senate, I 
think most of them will tell you today that the Senate is borderline 
dysfunctional. We can't get things done. There are too many nuances 
that have been imposed upon us that we didn't know when we were putting 
them on that they were going to run us in all different directions, but 
we are there. So we can hardly get things done. It is kind of a 
dysfunctional body.
  Along comes a bright Senator, and here is a package of bills, and so 
he looks at them and says: Oh my, this is a way to show I am going to 
save money. Well, Senator, you have the wrong package of bills. You 
have got the wrong package of bills. There will be plenty of 
opportunity for you to save the taxpayers money. Every appropriations 
bill or facsimile thereof--supplemental--put them together, 10 in 1 or 
one at a time, but plenty of opportunity for you to save money by 
attacking pieces of the appropriations bills. That is how you save 
money.
  And for all those who are watching the good Senator from Oklahoma, 
all they have to do is say: Senator, we think you are on the right 
track, go after the appropriations bills. I am not asking you to, 
because I am an appropriator, but I am telling you if you want to save 
money for the taxpayers, that is what you should do, and there is 
plenty of opportunity.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. DOMENICI. I had intended to ask unanimous consent for 5 minutes. 
Did I not get it?
  The PRESIDING OFFICER. Is there objection?
  The Chair hears none, and it is so ordered.
  Mr. DOMENICI. I thank the Chair.
  Secondly, Senator, if you want to save the taxpayers money, then go 
after the place where the money is that is about to break your country, 
and that is the entitlements for Social Security, Medicare, and 
Medicaid. If you want to save your taxpayers from ruination, then get 
involved in reforming those programs so they do not make us go broke. 
Anybody who knows about your government will tell you, dear Senator, if 
that is what you want to do, Domenici is right, go after 
appropriations; that is where money is spent. Go after entitlements; 
that is where money is spent that is going to break your country.
  And to prove to you that this bill does not spend money, all I can do 
is do it the way the Senate does it and ask the Congressional Budget 
Office: How much do these bills cost the taxpayers? Senator Bingaman, 
you asked that, and I don't know whether you already said it, but I am 
going to repeat it. This is Senator Bingaman's letter. He asked the 
Congressional Budget Office.
  Now, we have to have institutions that take care of things, don't we? 
The Congressional Budget Office, not the Senator from Oklahoma, is 
charged with evaluating a bill and telling us about it. You know what 
they told us about this bill? Not only does it not cost money, it makes 
money. This bill will bring into the Treasury in the next 4 years $48 
million, because we have authorized the disposition of a couple of 
boats that were under lease. We said: Okay, go ahead and buy them, and 
they gave us the money.
  So contrary to all the debate about costing money, and the taxpayers 
going broke, the bill makes money. Now, you can say: Oh no, it doesn't, 
I have another way of figuring it out. That is what the Senator says. 
But we can't have another way to do everything around here, another way 
to figure out what bills cost. We already have enough ways to figure 
them out, and they have got us so confused with what we have that we 
don't need any more. But if the Senator thinks he has a new one, and 
that is to delay this bill and take a piece of it and talk about it and 
say it is a bad piece that doesn't make sense, that is fine. But don't 
say you have a new way to protect the great public of America from 
overspending and that is to take after a lands bill full of 
authorization that nobody heretofore has thought of taking on for 
appropriations purposes, because it doesn't appropriate.
  The good Senator is phenomenal. He is a phenomenon. But he isn't so 
great that of all the time in history we have had to look at these land 
bills nobody has said: We are going to follow each one and see how much 
it costs. That is one of his amendments, to follow its cost into 
government. You know what that means? It means there is a whole new set 
of books we have to set up. His approach will cost more money and wreak 
more havoc if we have to do that--find out how much they cost, even if 
he does them himself, as he suggested. He is going to see how much 
these authorizations cost, if anything, as they reach fruition--if they 
do.
  Now, having said that, each and every one of the amendments offered 
by the Senator is very erudite. They lend themselves to discussion and 
debate. But every one of them, Mr. President and fellow Senators, every 
one of the amendments is so complicated, so full of contortions and 
turning the government this way and that way, that they ought to at 
least have a hearing. They haven't had a hearing. They shouldn't be 
adopted on this bill, where we have carefully had hearings on the bill, 
had votes on the bill, with 23 Senators participating before we put 
them in this package.
  We should not put these four new ones on, one of which has to do with 
local government approving the acquisition of property by the Federal 
Government for parks. Before you can sell your property to the 
government, local government has to take a vote, and then 10 years 
later they have to take another vote to see if they were right. Do you 
understand, in the argument for simplicity of government, for making 
sure everybody can have their way, we have made government more complex 
by these amendments than anybody could ever imagine?
  I, for one, say my hat is off to the Senator. I hope he finds a new 
approach, something new to attack to save money, but not a group of 
lands bills that are authorization bills only, that we have been told 
by the Congressional Budget Office will cost nothing in the way we 
handle bills here.
  Now, if you want to change the way and have a new way to figure out 
how much bills cost, then we will have to have a long debate on which 
way we are going to do that.
  I thank the Senate for listening, and I thank the Senate for yielding 
me some time, and I thank the Senator from Oklahoma for letting me 
speak as long as I have.

[[Page 5741]]


  Mr. ALLARD. Mr. President, I rise today in opposition to amendment 
No. 4519 offered by my distinguished colleague from Oklahoma.
  This amendment mandates a 1 percent across-the-board redirection of 
funds each year from all amounts appropriated to programs in this bill 
for the sole and specific purpose of removing assets--mostly old 
buildings and facilities--from Park Service operated lands that are 
determined to be surplus to need.
  This 1 percent ``off the top'' charge has the effect of setting the 
disposal of National Park Service surplus assets above all other 
programs that are in this bill. In essence, it ties the hands of the 
appropriations committee to determine what amounts should be devoted to 
the disposal of Park Service surplus facilities each year.
  Also, there is no connection between the wide variety of programs and 
projects that are in this public lands bill, and would be assessed this 
1 percent charge, and the need to remove old buildings from parks. Put 
simply, this amendment does not make good sense.
  As the ranking member of the Interior Appropriations subcommittee 
that provides the funding for the Park Service, I simply can't support 
such a proposal. It is up to the Appropriations Committee to review the 
agency's budget each year and set the appropriate funding levels for 
the various activities of the Service, including the disposal of 
surplus facilities.
  Budget priorities change each year based on many factors, including 
the shifting needs of the agencies and the amount of money we have to 
work with under the budgetary caps set by Congress. That is why we have 
an annual appropriations process to weigh these variables.
  To transfer 1 percent of funds appropriated under this act for one 
purpose forevermore takes away the Appropriation Committee's 
discretion, and indeed, its obligation to set priorities each year for 
the needs of our Nation's parks.
  Last year, the Interior subcommittee provided the National Park 
Service nearly $1 billion to address maintenance and construction 
needs. I believe these funds are sufficient to allow the Park Service 
to address the most critical maintenance requirements including the 
removal of unneeded assets.
  I urge my colleagues to support the chairman and ranking member of 
the Energy and Natural Resources committee and oppose this amendment.
  I yield the floor.
  Mr. COBURN. Mr. President, how much time do I have?
  The PRESIDING OFFICER. The Senator has 13 minutes 4 seconds.
  Mr. COBURN. Mr. President, I will speak a minute or two, and then I 
will yield the Senator from Washington 5 minutes.
  Mrs. MURRAY. I will speak after.
  Mr. COBURN. We actually have a time agreement on the vote, so I am 
happy to yield the Senator some of my time, is what I am trying do, so 
I end up finishing. Is there a certain amount of time you need?
  Mrs. MURRAY. Mr. President, I was going to ask unanimous consent to 
speak after all of the votes. I wanted to speak for about 12 minutes, 
and the other Senator from Washington, Senator Cantwell, wanted to 
speak for 3 or 4 minutes. I know everyone wants to get to the vote, so 
I will use my time after the vote.
  I ask unanimous consent that following the disposition of all of the 
votes on this package, on final passage, I be recognized to speak for 
12 minutes, and the other Senator from Washington, Senator Cantwell, be 
allowed to speak for 3 minutes.
  The PRESIDING OFFICER. Is there objection?
  The Chair hears none, and it is so ordered.
  Mr. COBURN. Mr. President, I ask unanimous consent to have printed in 
the Record a letter from the Congressional Budget Office dated January 
31, 2008.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                 Washington, DC, January 31, 2008.
     Hon. Tom A. Coburn, M.D.,
     U.S. Senate,
     Washington, DC.
       Dear Senator: This letter responds to your request for 
     information on the estimated discretionary costs of S. 2483, 
     the National Forests, Parks, Public Land, and Reclamation 
     Projects Authorization Act of 2007, as introduced on December 
     13, 2007. Because the bill was not reported from committee 
     (the point at which we typically prepare estimates), CBO has 
     not prepared a complete cost estimate for S. 2483; we 
     transmitted a table showing the direct spending and revenue 
     effects of the bill to the Senate Committee on Energy and 
     Natural Resources on January 24, 2008.
       Although we have not completed our analysis of S. 2483, we 
     have previously completed cost estimates for bills (mostly in 
     the House) that authorize projects similar or identical to 
     nearly all of those authorized by S. 2483. The estimated 
     discretionary costs contained in those previous estimates 
     totaled nearly $320 million over five years, assuming 
     appropriation of the necessary amounts. That figure is a 
     reasonable approximation of the potential discretionary costs 
     of S. 2483.
       If you wish further details about S. 2483 or our previous 
     estimates, we will be pleased to provide them. The CBO staff 
     contact for this estimate is Deborah Reis.
           Sincerely,
                                                  Peter R. Orszag,
                                                         Director.
  Mr. COBURN. Mr. President, this letter shows a cost of $320 million 
for these bills over the next 5 years. So this is the Congressional 
Budget Office. This isn't my paper, this is theirs.
  I will spend a few minutes, and then I will yield back my time 
because I know people want to get to some votes.
  Mr. DOMENICI. Mr. President, will the Senator yield for a question?
  Mr. COBURN. Absolutely.
  Mr. DOMENICI. Doesn't that letter say ``if appropriated''?
  Mr. COBURN. Assuming appropriation. Yes, it does.
  Mr. DOMENICI. That means if it is not appropriated, it doesn't cost 
anything.
  Mr. COBURN. If it is not appropriated. But we are not passing these 
bills under the assumption they are not going to be appropriated. We 
are passing these bills under the assumption they will be appropriated.
  As a matter of fact, the promise is made as we pass this. And either 
it is a hollow promise you are sending back home so you can say, yes, I 
did this, and lie to your constituents, or we are going to appropriate 
the money. It is one or the other. So either we are dishonest with whom 
we are telling we are doing something for or we absolutely intend to 
appropriate it. There isn't any other option.
  I will finish up by saying this. Obviously, the senior Senator from 
New Mexico did not hear my earlier comments. We are in tremendous 
economic straits in the long term. This debate is not about the lands 
bill. It is about will we change the philosophy, will we honor our 
oath, and will we start doing what is right in the long term for those 
who come after us. The heritage we have embraced in this country is one 
of sacrifice--one generation sacrifices so the next has opportunity. If 
we keep doing this without regard--we don't know how much we are 
spending; we don't know how much the monthly costs are; we are not 
taking care of the parks as we should because we do not have an idea; 
we have a hodgepodge; we have a barge floating down the river without a 
tug on it--we are going to make the problem worse. I will remind my 
colleagues, the true accounting of this year's estimate is a $607 
billion deficit. That is over $2,000 for every man, woman and child in 
this country. Every child born today in this country inherits an 
unobligated obligation they will have to pay, that they got no benefit 
from, of $400,000.
  Am I frustrating the Senators from New Mexico? You bet. Are our 
children worth it? You bet. I am not going to stop. I am going to stand 
and say we are going to think long term, we are going to start 
protecting property rights, we are going to start thinking about our 
children, and we are not going to give up because we get lectured 
because we are not doing it the way we have always done it. The way we 
have always done it has us bankrupt. It is time for a change. 
Republicans and Democrats alike, our children are worth it.
  With that, I yield the floor.
  The PRESIDING OFFICER. Is all time yielded back?

[[Page 5742]]

  The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Mr. President, I ask for the yeas and nays on each of 
the amendments of the Senator from Oklahoma, if that is appropriate.
  The PRESIDING OFFICER. Is there an objection to that request?
  Without objection, it is so ordered.
  Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to amendment No. 4519.
  Mr. COBURN. Mr. President, I ask unanimous consent we vote on the 
amendments in the order in which they were presented.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
question is on agreeing to amendment No. 4522.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton), 
the Senator from Connecticut (Mr. Dodd), the Senator from Massachusetts 
(Mr. Kennedy), the Senator from Michigan (Mr. Levin), and the Senator 
from Illinois (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mrs. Dole) and the Senator from Arizona (Mr. 
McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 30, nays 63, as follows:

                      [Rollcall Vote No. 97 Leg.]

                                YEAS--30

     Allard
     Barrasso
     Bayh
     Brownback
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lugar
     McCaskill
     McConnell
     Sessions
     Shelby
     Specter
     Sununu
     Thune
     Vitter
     Wicker

                                NAYS--63

     Akaka
     Alexander
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Corker
     Craig
     Crapo
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gregg
     Hagel
     Harkin
     Hatch
     Inouye
     Johnson
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Lieberman
     Lincoln
     Martinez
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Stabenow
     Stevens
     Tester
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--7

     Clinton
     Dodd
     Dole
     Kennedy
     Levin
     McCain
     Obama
  The amendment (No. 4522) was rejected.
  Mrs. MURRAY. Mr President, I move to reconsider the vote.
  Mr. DOMENICI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 4521

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on amendment No. 4521 
offered by the Senator from Oklahoma.
  Mr. BINGAMAN. Mr. President, we have just now concluded the debate on 
these amendments. I would yield back the time unless the Senator from 
Oklahoma wishes to speak.
  Mr. COBURN. Mr. President, I ask unanimous consent that we yield back 
all time on all amendments so our colleagues who have planes and things 
they want to do can get them.
  Mr. DOMENICI. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. DOMENICI. If we do not do that, what will the order be?
  The PRESIDING OFFICER. There will be 2 minutes of debate equally 
divided prior to a vote on each amendment.
  Mr. DOMENICI. No objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is on agreeing to Coburn amendment No. 4521. The yeas 
and nays are ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton), 
the Senator from Massachusetts (Mr. Kennedy), and the Senator from 
Illinois (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mrs. Dole) and the Senator from Arizona (Mr. 
McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 19, nays 76, as follows:

                      [Rollcall Vote No. 98 Leg.]

                                YEAS--19

     Barrasso
     Brownback
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Inhofe
     Isakson
     McConnell
     Roberts
     Shelby
     Thune
     Wicker

                                NAYS--76

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     Dodd
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Clinton
     Dole
     Kennedy
     McCain
     Obama
  The amendment (No. 4521) was rejected.
  Mrs. MURRAY. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 4520

  The PRESIDING OFFICER (Ms. Klobuchar). Under the previous order, the 
question is on agreeing to amendment No. 4520. The yeas and nays have 
been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from Illinois (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Mississippi (Mr. Cochran), the Senator from North Carolina (Mrs. 
Dole), the Senator from New Hampshire (Mr. Gregg), and the Senator from 
Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 27, nays 67, as follows:

                      [Rollcall Vote No. 99 Leg.]

                                YEAS--27

     Allard
     Barrasso
     Brownback
     Burr
     Chambliss
     Coburn
     Coleman
     Collins
     Cornyn
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Hutchison
     Inhofe
     Isakson
     Kyl
     McConnell
     Roberts
     Sessions
     Shelby
     Snowe
     Sununu
     Thune
     Vitter
     Wicker

                                NAYS--67

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Corker
     Craig
     Crapo
     Dodd
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Hagel
     Harkin
     Hatch
     Inouye
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Specter
     Stabenow
     Stevens
     Tester
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

[[Page 5743]]



                             NOT VOTING--6

     Clinton
     Cochran
     Dole
     Gregg
     McCain
     Obama
  The amendment (No. 4520) was rejected.
  Mr. LIEBERMAN. Madam President, I move to reconsider the vote.
  Mrs. MURRAY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 4519

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
4519. The yeas and nays have been ordered. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from Illinois (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mrs. Dole), the Senator from New Hampshire (Mr. 
Gregg), and the Senator from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 22, nays 73, as follows:

                      [Rollcall Vote No. 100 Leg.]

                                YEAS--22

     Brownback
     Burr
     Chambliss
     Coburn
     Coleman
     Cornyn
     DeMint
     Ensign
     Graham
     Grassley
     Hatch
     Inhofe
     Isakson
     Kyl
     McCaskill
     McConnell
     Sessions
     Sununu
     Thune
     Vitter
     Warner
     Wicker

                                NAYS--73

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Corker
     Craig
     Crapo
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Hagel
     Harkin
     Hutchison
     Inouye
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Tester
     Voinovich
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Clinton
     Dole
     Gregg
     McCain
     Obama
  The amendment (No. 4519) was rejected.
  Mrs. MURRAY. Madam President, I move to reconsider the vote, and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. AKAKA. Madam President, today, I express my support of S. 2739, 
the Consolidated Natural Resources Act. I commend the chair and ranking 
member of the Senate Committee on Energy and Natural Resources for 
their leadership and the work of their staff on this important 
legislation. This bill represents a bicameral-and-bipartisan supported 
package of bills. It has many good initiatives that demonstrate our 
commitment to be responsible stewards of our national treasures and 
historic sites. The legislation also has targeted provisions that 
address unique circumstances and issues occurring in the Pacific 
region.
  I express my support for titles VII and VIII of S. 2739 that relate 
to the Commonwealth of the Northern Mariana Islands, CNMI, and the 
Freely Associated States, the Federated States of Micronesia, Republic 
of the Marshall Islands, and the Republic of Palau.
  The CNMI is a group of islands located east of the Philippines and 
south of Japan. Following World War II, the United States administered 
the islands under a United Nations trusteeship. In 1975, the people of 
the CNMI voted for a political union with the United States. The 1976 
covenant enacted by Congress gave U.S. citizenship to CNMI residents 
and extended most U.S. laws to the CNMI. However, the covenant exempted 
the CNMI from U.S. immigration law. As a result of the CNMI's policies, 
today the population has increased fivefold, from 16,000 to 80,000. 
This growth has made both U.S. citizens, and the indigenous people of 
the islands, minorities in their own communities.
  This legislation meets the Federal Government's interest in further 
implementation of the covenant, securing our borders, and in the 
establishment of stable immigration and labor policies on which the 
CNMI can build its future. The provisions included in title VII are 
identical to those passed by the U.S. House of Representatives on 
December 11, 2007. As the sponsor of the companion CNMI bill, I am 
pleased to report the CNMI provisions contained in S. 2739 are 
sensitive to the special circumstances and to the current economic 
downturn in the CNMI. The legislation provides a basis to transition 
the CNMI to Federal immigration laws, while protecting the local 
economy. These provisions are crucial to address the immigration abuses 
that have persisted in the CNMI for the past 20 years.
  As chairman of the Subcommittee on National Parks, I am particularly 
pleased to join Senator Wyden in including a provision on cooperative 
agreements that will protect the natural resources on our national 
parks. Title III of S. 2739 will give the Secretary of the Interior the 
authority to enter agreements with Federal, public, nonprofit 
organizations, and even private landowners to protect our coasts, 
wetlands, and watersheds contained within and outside of national park 
boundaries. This act supports collaborative efforts that will greatly 
benefit generations of park visitors.
  Just as important as having cooperative agreements is the ability of 
these entities to work together and use them to combat the spread of 
invasive species. Invasive species are one of the greatest threats to 
our natural and cultural heritage. Invasive species are the primary 
cause of decline in Hawaii's threatened and endangered species, and 
cause hundreds of millions of dollars in damages to Hawaii's 
agricultural industry, tourism, real estate, and water quality.
  One very successful public-private partnership in my State is 
occurring at Hawaii Volcanoes National Park on the island of Hawaii. 
The Ola'a-Kilauea Partnership is a cooperative land management effort 
involving State and Federal entities and willing private landowners. 
This partnership has jointly fenced 14,100 acres on State and private 
lands and eliminated the feral pig population from 9,800, while also 
controlling feral pigs in an additional 4,300 acres.
  There are other examples, such as efforts on the island of Maui. I am 
proud to mention the work of the Maui Invasive Species Committee, which 
brings together the resources of individuals, and the Federal and State 
governments to collaborate and combat invasive species. One of the 
barriers they have faced in the past is the inability to spend Federal 
funds on projects that treat invasive species on lands adjacent to 
national park borders, where there is a clear and direct benefit to 
parks. This bill will provide the necessary authorization to support 
such efforts. This is especially vital as such cooperative agreements 
focus cooperative action to reduce invasive species on our national 
parks and other lands across the country.
  The cooperative agreement provisions of Title III provide a very 
important step in controlling invasive species that are crossing 
geographic and jurisdictional boundaries. Land managers and other 
involved governments and organizations will have another tool to help 
address their invasive species management issues. Also it will allow 
the Secretary of the Department of Interior to protect park resources 
through collaborative efforts in lands within and outside of National 
Park System units.
  I stand in strong support for the Consolidated Natural Resources Act. 
I encourage my colleagues to join in keeping our precious national 
resources and historic sites available for future generations, as well 
as meeting the needs of the Pacific region.
 Mr. McCAIN. Madam President, I am pleased that the Senate 
passed the Cesar Estrada Chavez Study Act of 2007, which was included 
as part of the

[[Page 5744]]

larger public lands package, S. 2739. The bill would authorize the 
National Park Service to study whether any of the sites significant to 
Chavez's life meet the criteria for being listed on the National 
Register of Historic Landmarks. The goal of the study is to establish a 
foundation for future legislation that would then designate appropriate 
sites for national historic landmark status.
  Since the 107th Congress, I've worked to pass the Cesar Chavez study 
language. It has received an overwhelming positive response, not only 
from my fellow Arizonans, but from Americans all across the Nation.
  Cesar Chavez was a humble man of deep conviction who understood what 
it meant to serve and sacrifice for others. Honoring the places of his 
life will enable his legacy to inspire and serve as an example for our 
future leaders. It is important that we remember his struggle and do 
what we can to preserve appropriate landmarks that are significant to 
his life.
  Mr. CARDIN. Madam President, today the Senate takes an important step 
forward in celebrating and commemorating one of our Nation's most 
important emblems and historic periods. Included in the Consolidated 
Natural Resources Act of 2008 is legislation that I authored, the Star-
Spangled Banner National Historic Trail Act. I am proud to be joined by 
cosponsors of the original bill, including Senators Mikulski, Warner, 
Webb, and Kennedy.
  This land and water trail of almost 300 miles covers parts of 
Maryland, Virginia, and the District of Columbia to commemorate the 
events leading up to the writing of the ``Star-Spangled Banner'' during 
the Chesapeake Campaign of the War of 1812.
  The trail traces the following major events: the arrival of the 
British fleet on the Patuxent River; the landing of the British forces 
in Benedict, MD; the sinking of the Chesapeake Flotilla at Pig Point in 
Prince George's County and Anne Arundel County, MD; the American defeat 
at the Battle of Bladensburg; the siege of the Nation's Capital and the 
burning of the U.S. Capitol and the White House in Washington, DC; the 
route of the American troops from Washington through Georgetown, the 
Maryland counties of Montgomery, Howard, and Baltimore, and the city of 
Baltimore to the Battle of North Point; and the ultimate victory of the 
Americans at Fort McHenry on September 14, 1814.
  The National Park Service will administer the trail and coordinate 
the efforts of public and private entities on trail administration, 
planning, development, and maintenance. Fort McHenry will be the lead 
park unit for trail operations. The land routes would follow existing 
public roads, along which British and American troops traveled. Over 
time, the routes will be marked on the ground and at water access 
points. In cases where the original routes have been lost to 
development or other causes, they could be interpreted through waysides 
as appropriate and feasible.
  The bill requires the Secretary to encourage public participation and 
consult with landowners, Federal, State, and local governments on the 
administration of the trail. The bill prohibits land or interest in 
land outside the exterior boundaries of any federally administered area 
from being acquired for the trail without the consent of the owner.
  The trail will open new economic opportunities for many Maryland 
communities, including Calvert County, our Port Towns of Prince 
George's County, and Baltimore City. More importantly, the Star-
Spangled Banner National Historic Trail will guide Americans on a path 
that will help them understand the events that lead up to the epic 
battle at Fort McHenry in Baltimore Harbor.
  At the fort, the garrison flag was flown on September 13 and 14, 
1814, during the Battle of Baltimore. As the routed British ships 
sailed out of Baltimore Harbor on the morning of the 14th, lawyer 
Francis Scott Key was inspired to write the patriotic and defiant words 
of a poem that became the rallying cry for Americans who had fought 
their first war as a united nation. The poem was set to music and the 
song became the national anthem in 1931.
  The ``Star-Spangled Banner'' was given to the Smithsonian Institution 
in 1907 by the grandson of the commander of Fort McHenry, LTC George 
Armistead, so that it could be preserved and displayed for the public. 
While the Smithsonian's National Museum of American History is 
currently closed for extensive renovation, its reopening this summer 
will showcase the Banner in an impressive new exhibit.
  Mr. President, every day across the country, Americans salute the 
American flag. The Senate recites the Pledge of Allegiance to the Flag 
every legislative day. In sports arenas and countless other venues, we 
salute the flag daily. Today, I salute the work of the Senate in 
passing the Star-Spangled Banner National Historic Trail as part of the 
Consolidated Natural Resources Act of 2008. Through this legislation, 
millions of visitors will be inspired with the history of this iconic 
object and its significance during this important period of American 
history.
  Mr. NELSON of Nebraska. Madam President, I rise today to speak on an 
item included in the bill before us. Before I address this particular 
issue, I first want to voice my strong support for some of the 
individual components that have been assembled in the consolidated 
package currently before the body.
  The Lewis and Clark National Historic Trail extension and the Platte 
River Recovery Implementation Program and Pathfinder Modification 
Project authorization are measures I have been working on for some 
time, and I want to thank Chairman Bingaman for his efforts in bringing 
these measures to the point where they will shortly pass the Senate.
  But there is another matter in this bill that is of some importance 
to Nebraska and to my constituents. Included in the bill is a section 
expressing the sense of Congress that a museum located in Paducah, KY 
should be designated as ``the National Quilt Museum of the United 
States.'' Now, this measure is nonbinding and carries no legal 
authority. As far as we can tell, it confers no authority for funding 
or anything of that nature. However, I would be remiss if I failed to 
mention that I had been working to resolve some concerns that I and 
some of my constituents have with this section.
  You see, just the week before last, the International Quilt Study 
Center & Museum opened its doors in Lincoln, NE. This is a remarkable, 
37,000 square foot facility that houses the world's largest privately 
held collection of quilts.
  Thus, back in February, I objected to a unanimous consent request to 
pass H. Con. Res. 209, a concurrent resolution expressing the sense of 
Congress regarding the designation of the museum. That resolution had 
previously passed the House of Representatives unanimously. I have been 
working with the distinguished minority leader, Mr. McConnell, and 
Congressman Whitfield of Kentucky, whose district includes Paducah, to 
craft a solution that would appropriately praise both museums for their 
individual and unique contributions to the world of quilts and quilt-
making. I would like to thank them for their willingness to work with 
me.
  Unfortunately, the entirety of H. Con. Res. 209 was included in 
section 335 of this bill before these discussions were able to run 
their course. I have filed an amendment to strike this section from the 
bill, so that we might continue to work out a resolution that properly 
honors the Paducah museum while not making any exclusive designations 
that exclude the International Quilt Study Center, but I understand the 
situation is such that my amendment is prevented from consideration 
before the full Senate.
  Looking forward, I plan to honor this remarkable organization at the 
University of Nebraska in an appropriate manner. For purposes of 
balancing the record here today, I want to mention a few things about 
the remarkable facility in Nebraska.
  The International Quilt Study Center & Museum has 37,000 square feet 
of exhibition galleries, collections storage,

[[Page 5745]]

collections care, a reception hall, a library, reading room and 
classroom space. It is housed in a beautiful, newly constructed 
building designed by world-renowned architecture firm Robert A.M. Stern 
Architects and built with $12 million in private donations.
  The mission of the International Quilt Study Center & Museum is to 
collect, preserve, study, exhibit, and promote discovery of quilts and 
quilt-making traditions from many cultures, countries, and time 
periods. The International Quilt Study Center & Museum is a dynamic 
center of formal and informal learning and discovery for students, 
teachers, scholars, artists, quilters, and others from across the 
Nation and around the world.
  The International Quilt Study Center & Museum has the largest 
privately held quilt collection in the world--more than 2,300 quilts 
from 49 States and 23 foreign countries.
  The International Quilt Study Center & Museum is centrally located in 
the heart of the United States and is open to the public year-round. I 
wish I could share information on the number of visitors who enjoy the 
museum each year, but the new facility is so new that such data is 
unavailable. However, we do know that individuals from all 50 States 
and from more than 15 foreign countries have visited the International 
Quilt Study Center & Museum in its previous homes.
  The International Quilt Study Center & Museum has an international 
advisory board and annual supporters from all 50 States and many 
foreign countries, and hundreds of supporters, volunteers, and quilt 
guilds have supported the International Quilt Study Center annually 
since its formation in 1997.
  The International Quilt Study Center's collections represent the 
entire gamut of quilt making in the United States, plus its antecedents 
in Europe. In addition, the International Quilt Study Center holds 
examples of cultural traditions from more than 23 countries.
  In closing, the International Quilt Study Center & Museum in Nebraska 
is recognized nationally and internationally for its place of 
prominence in its field. It has the largest publicly held collection of 
quilts in the world; it is the largest quilt museum in the world; it is 
the only academic center devoted to quilt studies; it offers the only 
graduate program in textile history with a quilt studies emphasis. At 
the appropriate time, I hope the Congress will see fit to bestow upon 
it an honor befitting its contributions to our Nation's art, our 
heritage, and our history.
  Mr. DURBIN. Madam President, as the Senate considers the Consolidated 
Natural Resources Act, I would like to highlight two provisions that 
are important for Illinois: the Abraham Lincoln National Heritage Area 
and the Lewis and Clark National Historic Trail Extension.
  Illinois is known as the Land of Lincoln for good reason. Our 16th 
President spent more than 30 years of his life in central Illinois, 
starting in 1830 when his family moved to Macon County from Indiana. 
Abraham Lincoln had virtually no formal education--perhaps 18 months of 
schooling. His rise from humble origins to the highest office in the 
land and his decisive leadership through the most harrowing period of 
U.S. history brings hope and inspiration to all of us.
  Next year marks the bicentennial of Lincoln's birth. Among the public 
activities planned to honor his life is development of the Abraham 
Lincoln National Heritage Area. Communities in 42 Illinois counties 
have worked together to document Lincoln's time in the State, assess 
the status of the places that played a role in his life and career, and 
recommend a plan to help develop the narrative of Lincoln's imprint on 
Illinois. The goal is to help develop sites in places where there is a 
Lincoln story to tell but no place to tell that story. Although the 
heritage area focuses on the life of Abraham Lincoln, the heritage area 
also brings out the rich history of each participating community, 
creating a broader context for Lincoln and his times.
  Illinois features prominently in another important, earlier story in 
the making of America--the historic expedition of Meriwether Lewis and 
William Clark across the western frontier. Much has been said and 
written about that western journey, but equally fascinating is the 
``Eastern Legacy'' of the Lewis and Clark expedition.
  The journey began right here in the District of Columbia. That is 
where President Thomas Jefferson directed his private secretary 
Meriwether Lewis in June 1803 to lead a mission through the vast 
unknown territory west of the Mississippi River to the Pacific Ocean. 
Lewis gathered supplies and men in many Eastern States before meeting 
up with William Clark in Kentucky and traveling to Illinois.
  Lewis and Clark established their winter camp at the mouth of the 
Wood River in Illinois. The following spring their Corps of Discovery 
departed Camp Dubois and began their historic scientific expedition 
west. Lewis marked this spot near present-day Wood River, IL, as the 
official ``point of departure.'' Two and a half years later, the team 
returned to this camp after its remarkable adventure to the Pacific 
coast.
  The bill the Senate is considering will preserve this important and 
fascinating story through the Lewis and Clark National Historic Trail 
Extension, which will include sites associated with the preparation and 
return phases of the expedition--the Eastern Legacy. The trail 
extension includes sites in 11 Eastern States and the District of 
Columbia. The trail in Illinois includes sites from Metropolis along 
the Ohio River to Wood River at the confluence of the Missouri and 
Mississippi Rivers.
  These two initiatives are very important to Illinois. I know the bill 
includes similar initiatives in other States. These development areas 
are significant, not just for the historic and cultural legacy but also 
for the economic development value for the host communities. Many 
Illinois communities participating in these heritage areas are very 
rural--with populations less than 3,000, few resources, and high 
unemployment rates.
  The bill does much to preserve areas of natural beauty and expand our 
national historic trail system and national heritage areas that bring 
families outdoors and across our Nation to discover important events 
and geographic locations in the creation of America. It also celebrates 
Native American, Colonial American, European American, Latino American, 
and African American heritage. Finally, the bill establishes memorials 
and museums to honor our past and authorizes studies as the first step 
toward preserving historic sites that are at risk of being forgotten
  Illinoisans are proud of our heritage and our place in history. The 
preservation programs in the Consolidated Natural Resources Act help 
tell America's stories--stories of sacrifice, bravery, and awe of the 
land's natural beauty--so that we and our children can carry on the 
historical traditions that others have handed down to us.
  The Consolidated Natural Resources Act is a bipartisan package that 
brings together nearly four dozen projects to preserve our Nation's 
land and our Nation's heritage.
  Mr. INOUYE. Madam President, today I join my colleagues in supporting 
the passage of S. 2739, the omnibus lands bill, which included two 
issues of special interest to me. First, the bill seeks to correct 
profound problems in local immigration laws that have enabled the 
import of low paid, short termed indentured workers to be brought to 
the Commonwealth of the Northern Mariana Islands, CNMI. Some were 
bought to work in garment factories. Others arrived in the CNMI, only 
to find that there was no job waiting for them, and were forced to find 
unpalatable means to work off their bondage debt. I am pleased that 
today, this bill will address longstanding concerns regarding the 
CNMI's immigration problems.
  Secondly, this bill also includes a provision to expand the boundary 
of the Minidoka Internment National Monument, and establish a unit on 
Bainbridge Island, Washington, for a new Japanese American Memorial at 
the Eagledale Ferry Dock. The

[[Page 5746]]

Minidoka site is significant, because the Minidoka Internment Camp 
featured the highest level of military participation in any of the 
camps, and Bainbridge Island was the first community for Japanese 
Americans to be relocated to. I believe that we need to do all that we 
can to preserve internment camp sites, because they serve as a powerful 
reminder of how important it is to have a vibrant democracy that 
protects the civil liberties of all.
  Mr. WARNER. Madam President, I rise today in support of the 
Consolidated Natural Resources Act, S. 2739. This omnibus package 
includes language that is especially important to my State, as well as 
the Nation. Amongst other things, S. 2739 would designate some of 
America's most historic and beautiful lands as National Heritage Areas, 
including the area along Route 15 in Virginia. Known as the Journey 
Through Hallowed Ground, this effort has been championed by myself, my 
good friend Congressman Frank Wolf, and Senator Jim Webb. I thank them 
for all their efforts on behalf of this legislation.
  As my colleagues are aware, National Heritage Areas are intended to 
encourage residents, government agencies, nonprofit groups, and private 
partners to collaboratively plan and implement programs and projects to 
recognize, preserve, and celebrate many of America's defining 
landscapes. Today, there are 37 National Heritage Areas spread out 
across the United States.
  In Virginia, we are lucky enough to have a landscape that is worthy 
of the recognition and celebration that a National Heritage Area 
designation would afford it. Stretching through four States, and 
generally following the path of the Old Carolina Road, today's Route 
15, the proposed Journey Through Hallowed Ground National Heritage Area 
is home to some of our Nation's greatest historic, cultural, and 
natural treasures. The region's riches read like a star-studded list of 
American History: Monticello, Montpelier, Manassas, Gettysburg. The 
list goes on. In all, there are 15 National Historic Landmarks, 47 
historic districts, a number of Presidential homes, and the largest 
collection of Civil War battlefields in the Country. It is an area, 
literally, where America happened.
  With basic, technical assistance from the National Park Service, this 
proposed Heritage area would be managed by The Journey Through Hallowed 
Ground Partnership, a nonprofit entity whose sole purpose is to trumpet 
the magnificence of the Hallowed Ground's offerings. Already, the 
Partnership has provided opportunities for thousands of visitors to 
enjoy the region's spectacular natural and historical resources, and 
they have worked hard to get this area the designation and recognition 
it deserves.
  Now, before I conclude, I would like to take a quick moment to 
address several of the arguments voiced by critics against national 
heritage areas. First and foremost among these arguments, is that 
national heritage areas infringe upon private property rights. This 
simply is not accurate. As the Government Accountability Office, GAO, 
noted in testimony to the Energy and Natural Resources Committee, 
``National heritage areas do not appear [to affect] private property 
rights'', GAO-04-593T. Furthermore, as an example that they don't, I 
offer up the State of Tennessee, in its entirety, which today is 
designated a national heritage area and has had no intrusion on 
property rights. And, lastly, I point to language in this legislation 
that I specifically put in to ensure that no intrusion on property 
rights occured. It states, in some detail, that ``nothing in this 
subtitle abridges the rights of any property owner.''
  Other criticisms include concerns about the costs of heritage areas, 
and also that heritage areas increase the role of the Federal 
Government. To the issue of costs, I note that heritage areas provide a 
way for the Federal Government to highlight our Nation's historical, 
cultural, and natural resources without having to actually own and 
maintain them--which, as we know by the current maintenance backlogs in 
the Park System, are quite costly to the American taxpayer. Secondly, I 
would like to remind my friends that often heritage areas require a 
funding match before a single Federal dollar can be appropriated. This 
is the case for the heritage area which I come to champion today--The 
Journey Through Hallowed Ground. Every taxpayer dollar that is 
appropriated to the Journey Through Hallowed Ground must be matched 
equally by non-Federal entities.
  As for the other criticism, that heritage areas increase the role of 
the Federal Government and impose upon State and local governments, I 
note that heritage areas require and provide exorbitant opportunity for 
State and local input. In fact, in forming the Hallowed Ground, the 
local coordinating entity sought and received support from every local 
city, county, and town within the proposed Heritage Area. The Governor 
and Virginia General Assembly, whom I sincerely thank, also supported 
this effort. I commend the Journey Through Hallowed Ground Partnership 
for reaching out to all these groups.
  In conclusion, I urge my colleagues to join me in supporting this 
legislation, and I thank you for this opportunity to speak on behalf of 
The Journey Through Hallowed Ground.
  Mr. DOOD. Madam President, I support of S. 2739, the Consolidated 
Natural Resources Act of 2008, sponsored by Senator Bingaman, the 
chairman of the Energy and Natural Resources Committee. This 
legislation will protect and preserve natural treasures all across this 
country. It is of particular importance to me and to the people of 
Connecticut, as it contains a provision I authored that would ensure 
the preservation of the Eightmile River watershed under the auspices of 
the Wild and Scenic Rivers Act.
  As elected representatives, I believe that one of our most important 
obligations is to ensure that this country's vast array of natural 
resources and wilderness is managed in an environmentally responsible 
and sustainable way. We owe it to future generations of Americans to 
protect the areas of pristine beauty and ecological diversity that 
figure so prominently in our Nation's history and character. Since 
1968, the National Wild and Scenic River Act has played a critical role 
in furthering this mission by making it the policy of the United States 
to preserve in free-flowing fashion, rivers of, to quote the act, 
``scenic, recreational, geologic, fish and wildlife, historic, cultural 
or other similar values . . . for the benefit and enjoyment of present 
and future generations.''
  Designation of the Eightmile River as a Wild and Scenic River enjoys 
extraordinarily broad support in my home State, and a 3-year study by 
the National Park Service found that the river meets the criteria to 
receive a ``scenic'' designation. The entire Connecticut Congressional 
delegation supports this legislation, as does the Connecticut State 
Legislature, which passed a resolution of support. Most importantly, 
designation is supported by the communities that will be most affected 
by this designation, those in the Eightmile watershed. This effort to 
preserve the special attributes of the Eightmile is a product of the 
communities' recognition of the beauty and fragility of the special 
place in which they live. Votes in each community were strongly in 
favor of designation, in part because the study process and debate 
allowed for many perspectives to be heard.
  The attributes of the river that are so valued by the residents of 
Connecticut include its clean water, with 92 percent of the watershed's 
streamwater meeting the State's highest quality standards, and no point 
sources of pollution. The streams flow freely with no dams or 
diversions--rare in a State that has been densely populated as long as 
Connecticut. Eighty percent of the land area is forested. The natural 
streams and large areas of interconnected forest provide habitat for 
rare species. In fact, the study for eligibility determined that the 
Eightmile River watershed ranks in the 99th percentile in New England 
for globally rare species per unit area. The residents of this unique 
area treasure the beautiful character of the

[[Page 5747]]

Eightmile watershed. It is a quintessential rural New England 
landscape, dotted with colonial homes and historic churches and 
unmarred by modern industrial development.
  The towns within the watershed have begun to implement the parts of 
the watershed management plan that are in their jurisdiction. 
Congressional designation as a Wild and Scenic River will bolster these 
efforts and provide the stability for ongoing long-term preservation. I 
urge my colleagues to join me in supporting this important legislation, 
and I thank the chairman of the Energy Committee for his extraordinary 
commitment to protecting this country's natural treasures.
  Mr. SALAZAR. Madam President, I rise today in strong support of S. 
2739, a package of natural resource bills that Chairman Bingaman has 
assembled. The bills that are in this package have received the 
unanimous endorsement of the Senate Energy and Natural Resources 
Committee and have cleared the House. I want to thank Senator Bingaman 
for his leadership in the Committee and I want to thank Majority Leader 
Reid for bringing this package before the Senate for consideration.
  There are four bills in this package that I am particularly proud to 
support: S. 500, a bill that would form a commission to study the 
possible creation of the National Museum of the American Latino; S. 
1116, a bill that would help make better use of the water that is 
produced as a byproduct of energy development; S. 752, a bill that 
would authorize a program to assist with endangered species recovery 
along the Platte River in Colorado, Nebraska, and Wyoming; and S. 327, 
the Cesar Estrada Chavez Study Act, which would help preserve the 
legacy of one of our Nation's most important civil rights leaders.
  I want to spend a couple minutes talking about each of these bills, 
but first, Mr. President, I want to discuss the process through which 
we are debating these bills.
  This is, as my colleagues all know, a highly unusual process for 
debating natural resource bills. Typically, the Senate is able to take 
up and pass with the strong support the 100 Members in this Chamber--
most bills that pertain to national parks, forests, national museums, 
historic preservation, and cultural resource protections. If a bill 
clears the Senate Energy and Natural Resources Committee by unanimous 
consent it is likely that the full Senate will clear it by unanimous 
consent.
  Why has this been the practice? Because most of the bills we pass out 
of the Energy and Natural Resources Committee are bipartisan, 
noncontroversial, and easily garner the unanimous support of 100 
Members.
  This is how Congress established the Black Canyon of the Gunnison 
National Park in Colorado in 1999. It is how we passed the Great Sand 
Dunes National Park and Preserve Act in my native San Luis Valley in 
2000. It is how we established the Sand Creek Massacre National 
Historic Site in Kiowa County in 2005.
  It is how we pass bills like the Buffalo Soldiers Commemoration Act, 
the Eisenhower Memorial Act, and the Ojito Wilderness Act. The list 
goes on and on.
  Mr. President, on issues like health care, the economy, and Iraq, the 
parties do have real and substantial differences, and those differences 
merit serious debate here on the floor. But on how to protect our 
national treasures and traditions, we are usually in lock step.
  Unfortunately, that has not been the case this year. Instead, every 
single bill that leaves the Energy and Natural Resources Committee, 
regardless of its subject or content, has encountered an objection.
  Mr. President, each of us is certainly within our rights in objecting 
to a bill. That is a solemn right in this chamber, and it is one that 
ensures that when a Member has a strong, substantive objection to a 
bill, he or she can be heard.
  Unfortunately, Mr. President, I fear that the objections to these 
bills make it even more difficult to make progress on the issues that 
face our Nation.
  All the bills in this package have my support and the support of the 
Energy and Natural Resources Committee, but there are four bills of 
which I am particularly proud.
  The first, S. 500, would help us determine how we can more properly 
recognize the contributions of Hispanic Americans to our nation's 
history. The Commission to Study the Potential Creation of the National 
Museum of the American Latino Act of 2007 would do what its title 
suggests: it would establish a commission to study the potential 
creation of a national museum dedicated to the art, culture, and 
history of Hispanic Americans. The Commission will be tasked with 
studying the impact of the potential museum and the cost of 
construction and maintenance. It will also be tasked with developing an 
action plan, a fundraising plan, and a recommendation on whether to 
proceed with construction of the museum.
  The second, S. 1116, is a bill I worked on with my colleague from 
Colorado, Representative Mark Udall, which would help make better use 
of the water that is produced during energy development. Each day, more 
than two million gallons of useable groundwater are wasted, turned into 
what is known as ``produced water,'' after it is brought to the surface 
during oil and gas drilling or coal bed methane extraction. This water 
is often contaminated beyond use.
  The ``More Water, More Energy, Less Waste Act of 2007'', cosponsored 
by Senators Bingaman, Domenici, and Enzi--along with the late Senator 
Thomas--initiates a feasibility study on recovering ``produced water.'' 
It also establishes a grant program to test technologies that would 
convert ``produced'' water to ``useable'' water.
  This bill will be of great value in the arid West, where we are 
constantly looking for ways to increase our water supplies for crop 
irrigation, livestock watering, wildlife habitat, and recreational 
opportunities. It is deserving of swift passage.
  The third bill I would like to highlight is S. 752, the Platte River 
Recovery Implementation Program and Pathfinder Modification 
Authorization Act of 2007. It is a bill that Senator Ben Nelson, 
Senator Allard, Senator Hagel and I introduced. The bill authorizes the 
Secretary of the Interior to participate in a program to help 
endangered species recovery along the Platte River in Nebraska, 
Colorado, and Wyoming. The Governors of Nebraska, Colorado, and Wyoming 
and the Department of Interior spent nine years developing the plan for 
this program, which they finalized in 2006.
  S. 752 authorizes the Secretary of Interior to carry out the 
Endangered Species Recovery Program in partnership with the States. 
Under the bill, the States and Federal Government will share costs, 50-
50, on projects that provide benefits for endangered and threatened 
species recovery and that help with the monitoring and research on the 
benefits of the program. The bill authorizes $157 million to support 
the federal portion of the work.
  Finally, Mr. President, this package includes a bill, S. 327, that 
would help preserve the legacy of one of our Nation's top civil rights 
leaders, Cesar Estrada Chavez.
  We all know the story of Cesar Chavez. From a family of migrant farm 
workers, Cesar Chavez began working in the fields at age 10. He moved 
from job to job across the Southwest, enduring the hardships and 
injustices of farm worker life. In 1952, at age 35, Chavez started 
working as a community activist, fighting for civil rights for all 
workers. Ten years later, he founded the National Farm Workers 
Association, which became the United Farm Workers of America, and led 
efforts to improve wages and working conditions. Chavez, through his 
work to improve the lives of farm workers across the country, is one of 
our nation's most important civil rights leaders. We must honor his 
memory and remember the sacrifices he made on our behalf.
  To that end, the Cesar Estrada Chavez Study Act would authorize the 
Secretary of the Interior to conduct a resource study, not later than 3 
years after funds are made available, of sites associated with the life 
of Cesar Estrada Chavez. The study would help

[[Page 5748]]

determine whether those sites meet the criteria for being listed on the 
National Register of Historic Places or possible designation as 
national historic landmarks. I am a proud co-sponsor of this bill and 
will continue to fight until it is passed.
  Mr. President, I want to again thank Chairman Bingaman and Majority 
Leader Reid for their leadership in bringing this package of lands 
bills to the floor and for working to overcome the obstructionism that 
has, unfortunately, become so common in this body. These are 
bipartisan, common-sense bills that will help protect our nation's 
natural, cultural, and historic heritage, and I urge their prompt 
passage.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. BINGAMAN. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The bill having been read the third time, the question is, Shall the 
bill pass?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from Illinois (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mrs. Dole), the Senator from New Hampshire (Mr. 
Gregg), and the Senator from Arizona (Mr. McCain).
  Further, if present and voting, the Senator from North Carolina (Mrs. 
Dole) would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 4, as follows:

                      [Rollcall Vote No. 101 Leg.]

                                YEAS--91

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     Dodd
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--4

     Coburn
     DeMint
     Inhofe
     Vitter

                             NOT VOTING--5

     Clinton
     Dole
     Gregg
     McCain
     Obama
  The bill (S. 2739) was passed, as follows:

                                S. 2739

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                 TITLE I--FOREST SERVICE AUTHORIZATIONS

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

           TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

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

            TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

                   Subtitle A--Cooperative Agreements

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

          Subtitle B--Boundary Adjustments and Authorizations

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

                          Subtitle C--Studies

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

            Subtitle D--Memorials, Commissions, and Museums

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

                     Subtitle E--Trails and Rivers

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

     Subtitle F--Denali National Park and Alaska Railroad Exchange

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

Subtitle G--National Underground Railroad Network to Freedom Amendments

Sec. 361. Authorizing appropriations for specific purposes.

                Subtitle H--Grand Canyon Subcontractors

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

                   TITLE IV--NATIONAL HERITAGE AREAS

   Subtitle A--Journey Through Hallowed Ground National Heritage Area

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

            Subtitle B--Niagara Falls National Heritage Area

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

           Subtitle C--Abraham Lincoln National Heritage Area

Sec. 441. Purposes.

[[Page 5749]]

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

       Subtitle D--Authorization Extensions and Viability Studies

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

            Subtitle E--Technical Corrections and Additions

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

                          Subtitle F--Studies

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

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

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

             TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

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

                  TITLE VII--NORTHERN MARIANA ISLANDS

              Subtitle A--Immigration, Security, and Labor

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

             Subtitle B--Northern Mariana Islands Delegate

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

          TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

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

                 TITLE I--FOREST SERVICE AUTHORIZATIONS

     SEC. 101. WILD SKY WILDERNESS.

       (a) Additions to the National Wilderness Preservation 
     System.--
       (1) Additions.--The following Federal lands in the State of 
     Washington are hereby designated as wilderness and, 
     therefore, as components of the National Wilderness 
     Preservation System: certain lands which comprise 
     approximately 106,000 acres, as generally depicted on a map 
     entitled ``Wild Sky Wilderness Proposal'' and dated February 
     6, 2007, which shall be known as the ``Wild Sky Wilderness''.
       (2) Map and legal descriptions.--As soon as practicable 
     after the date of enactment of this Act, the Secretary of 
     Agriculture shall file a map and a legal description for the 
     wilderness area designated under this section with the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives. The map and description shall have the same 
     force and effect as if included in this section, except that 
     the Secretary of Agriculture may correct clerical and 
     typographical errors in the legal description and map. The 
     map and legal description shall be on file and available for 
     public inspection in the office of the Chief of the Forest 
     Service, Department of Agriculture.
       (b) Administration Provisions.--
       (1) In general.--
       (A) Subject to valid existing rights, lands designated as 
     wilderness by this section shall be managed by the Secretary 
     of Agriculture in accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.) and this section, except that, with 
     respect to any wilderness areas designated by this section, 
     any reference in the Wilderness Act to the effective date of 
     the Wilderness Act shall be deemed to be a reference to the 
     date of enactment of this Act.
       (B) To fulfill the purposes of this section and the 
     Wilderness Act and to achieve administrative efficiencies, 
     the Secretary of Agriculture may manage the area designated 
     by this section as a comprehensive part of the larger complex 
     of adjacent and nearby wilderness areas.
       (2) New trails.--
       (A) The Secretary of Agriculture shall consult with 
     interested parties and shall establish a trail plan for 
     Forest Service lands in order to develop--
       (i) a system of hiking and equestrian trails within the 
     wilderness designated by this section in a manner consistent 
     with the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (ii) a system of trails adjacent to or to provide access to 
     the wilderness designated by this section.
       (B) Within 2 years after the date of enactment of this Act, 
     the Secretary of Agriculture shall complete a report on the 
     implementation of the trail plan required under this section. 
     This report shall include the identification of priority 
     trails for development.
       (3) Repeater site.--Within the Wild Sky Wilderness, the 
     Secretary of Agriculture is authorized to use helicopter 
     access to construct and maintain a joint Forest Service and 
     Snohomish County telecommunications repeater site, in 
     compliance with a Forest Service approved communications site 
     plan, for the purposes of improving communications for 
     safety, health, and emergency services.
       (4) Float plane access.--As provided by section 4(d)(1) of 
     the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of 
     floatplanes on Lake Isabel, where such use has already become 
     established, shall be permitted to continue subject to such 
     reasonable restrictions as the Secretary of Agriculture 
     determines to be desirable.
       (5) Evergreen mountain lookout.--The designation under this 
     section shall not preclude the operation and maintenance of 
     the existing Evergreen Mountain Lookout in the same manner 
     and degree in which the operation and maintenance of such 
     lookout was occurring as of the date of enactment of this 
     Act.
       (c) Authorization for Land Acquisition.--
       (1) In general.--The Secretary of Agriculture is authorized 
     to acquire lands and interests therein, by purchase, 
     donation, or exchange, and shall give priority consideration 
     to those lands identified as ``Priority Acquisition Lands'' 
     on the map described in subsection (a)(1). The boundaries of 
     the Mt. Baker-Snoqualmie National Forest and the Wild Sky 
     Wilderness shall be adjusted to encompass any lands acquired 
     pursuant to this section.
       (2) Access.--Consistent with section 5(a) of the Wilderness 
     Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall 
     ensure adequate access to private inholdings within the Wild 
     Sky Wilderness.
       (3) Appraisal.--Valuation of private lands shall be 
     determined without reference to any restrictions on access or 
     use which arise out of designation as a wilderness area as a 
     result of this section.

[[Page 5750]]

       (d) Land Exchanges.--The Secretary of Agriculture shall 
     exchange lands and interests in lands, as generally depicted 
     on a map entitled ``Chelan County Public Utility District 
     Exchange'' and dated May 22, 2002, with the Chelan County 
     Public Utility District in accordance with the following 
     provisions:
       (1) If the Chelan County Public Utility District, within 90 
     days after the date of enactment of this Act, offers to the 
     Secretary of Agriculture approximately 371.8 acres within the 
     Mt. Baker-Snoqualmie National Forest in the State of 
     Washington, the Secretary shall accept such lands.
       (2) Upon acceptance of title by the Secretary of 
     Agriculture to such lands and interests therein, the 
     Secretary of Agriculture shall convey to the Chelan County 
     Public Utility District a permanent easement, including 
     helicopter access, consistent with such levels as used as of 
     the date of enactment of this Act, to maintain an existing 
     telemetry site to monitor snow pack on 1.82 acres on the 
     Wenatchee National Forest in the State of Washington.
       (3) The exchange directed by this section shall be 
     consummated if Chelan County Public Utility District conveys 
     title acceptable to the Secretary and provided there is no 
     hazardous material on the site, which is objectionable to the 
     Secretary.
       (4) In the event Chelan County Public Utility District 
     determines there is no longer a need to maintain a telemetry 
     site to monitor the snow pack for calculating expected runoff 
     into the Lake Chelan hydroelectric project and the 
     hydroelectric projects in the Columbia River Basin, the 
     Secretary shall be notified in writing and the easement shall 
     be extinguished and all rights conveyed by this exchange 
     shall revert to the United States.

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

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

           TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

     SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT STATION.

       (a) Definitions.--In this section:
       (1) Light station.--The term ``Light Station'' means 
     Piedras Blancas Light Station.
       (2) Outstanding natural area.--The term ``Outstanding 
     Natural Area'' means the Piedras Blancas Historic Light 
     Station Outstanding Natural Area established pursuant to 
     subsection (c).
       (3) Public lands.--The term ``public lands'' has the 
     meaning stated in section 103(e) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1703(e)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Findings.--Congress finds as follows:
       (1) The publicly owned Piedras Blancas Light Station has 
     nationally recognized historical structures that should be 
     preserved for present and future generations.
       (2) The coastline adjacent to the Light Station is 
     internationally recognized as having significant wildlife and 
     marine habitat that provides critical information to research 
     institutions throughout the world.
       (3) The Light Station tells an important story about 
     California's coastal prehistory and history in the context of 
     the surrounding region and communities.
       (4) The coastal area surrounding the Light Station was 
     traditionally used by Indian people, including the Chumash 
     and Salinan Indian tribes.
       (5) The Light Station is historically associated with the 
     nearby world-famous Hearst Castle (Hearst San Simeon State 
     Historical Monument), now administered by the State of 
     California.
       (6) The Light Station represents a model partnership where 
     future management can be successfully accomplished among the 
     Federal Government, the State of California, San Luis Obispo 
     County, local communities, and private groups.
       (7) Piedras Blancas Historic Light Station Outstanding 
     Natural Area would make a significant addition to the 
     National Landscape Conservation System administered by the 
     Department of the Interior's Bureau of Land Management.
       (8) Statutory protection is needed for the Light Station 
     and its surrounding Federal lands to ensure that it remains a 
     part of our historic, cultural, and natural heritage and to 
     be a source of inspiration for the people of the United 
     States.
       (c) Designation of the Piedras Blancas Historic Light 
     Station Outstanding Natural Area.--
       (1) In general.--In order to protect, conserve, and enhance 
     for the benefit and enjoyment of present and future 
     generations the unique and nationally important historical, 
     natural, cultural, scientific, educational, scenic, and 
     recreational values of certain lands in and around the 
     Piedras Blancas Light Station, in San Luis Obispo County, 
     California, while allowing certain recreational and research 
     activities to continue, there is established, subject to 
     valid existing rights, the Piedras Blancas Historic Light 
     Station Outstanding Natural Area.
       (2) Maps and legal descriptions.--The boundaries of the 
     Outstanding Natural Area as those shown on the map entitled 
     ``Piedras Blancas Historic Light Station: Outstanding Natural 
     Area'', dated May 5, 2004, which shall be on file and 
     available for public inspection in the Office of the 
     Director, Bureau of Land Management, United States Department 
     of the Interior, and the State office of the Bureau of Land 
     Management in the State of California.
       (3) Basis of management.--The Secretary shall manage the 
     Outstanding Natural Area as part of the National Landscape 
     Conservation System to protect the resources of the area, and 
     shall allow only those uses that further the purposes for the 
     establishment of the Outstanding Natural Area, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable laws.
       (4) Withdrawal.--Subject to valid existing rights, and in 
     accordance with the existing withdrawal as set forth in 
     Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, 
     Federal Register 52149), the Federal lands and interests in 
     lands included within the Outstanding Natural Area are hereby 
     withdrawn from--
       (A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (B) location, entry, and patent under the public land 
     mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws and the mineral materials laws.
       (d) Management of the Piedras Blancas Historic Light 
     Station Outstanding Natural Area.--
       (1) In general.--The Secretary shall manage the Outstanding 
     Natural Area in a manner that conserves, protects, and 
     enhances the unique and nationally important historical, 
     natural, cultural, scientific, educational, scenic, and 
     recreational values of that area, including an emphasis on 
     preserving and restoring the Light Station facilities, 
     consistent with the requirements of subsection (c)(3).
       (2) Uses.--Subject to valid existing rights, the Secretary 
     shall only allow such uses of the Outstanding Natural Area as 
     the Secretary finds are likely to further the purposes for 
     which the Outstanding Natural Area is established as set 
     forth in subsection (c)(1).
       (3) Management plan.--Not later than 3 years after of the 
     date of enactment of this Act, the Secretary shall complete a 
     comprehensive management plan consistent with the 
     requirements of section 202 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712) to provide long-term 
     management guidance for the public lands within the 
     Outstanding Natural Area and fulfill the purposes for which 
     it is established, as set forth in subsection (c)(1). The 
     management plan shall be developed in consultation with 
     appropriate Federal, State, and local government agencies, 
     with full public participation, and the contents shall 
     include--
       (A) provisions designed to ensure the protection of the 
     resources and values described in subsection (c)(1);
       (B) objectives to restore the historic Light Station and 
     ancillary buildings;
       (C) an implementation plan for a continuing program of 
     interpretation and public education about the Light Station 
     and its importance to the surrounding community;
       (D) a proposal for minimal administrative and public 
     facilities to be developed or improved at a level compatible 
     with achieving the resources objectives for the Outstanding 
     Natural Area as described in paragraph (1) and with other 
     proposed management activities to accommodate visitors and 
     researchers to the Outstanding Natural Area; and
       (E) cultural resources management strategies for the 
     Outstanding Natural Area, prepared in consultation with 
     appropriate departments of the State of California, with 
     emphasis on the preservation of the resources of the 
     Outstanding Natural Area and the interpretive, education, and 
     long-term scientific uses of the resources, giving priority 
     to the enforcement of the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470aa et seq.) and the National 
     Historic Preservation Act (16 U.S.C. 470 et seq.) within the 
     Outstanding Natural Area.
       (4) Cooperative agreements.--In order to better implement 
     the management plan and to continue the successful 
     partnerships with the local communities and the Hearst San 
     Simeon State Historical Monument, administered by the 
     California Department of Parks and Recreation, the Secretary 
     may enter into cooperative agreements with the appropriate 
     Federal, State, and local agencies pursuant to section 307(b) 
     of the Federal Land Management Policy and Management Act of 
     1976 (43 U.S.C. 1737(b)).

[[Page 5751]]

       (5) Research activities.--In order to continue the 
     successful partnership with research organizations and 
     agencies and to assist in the development and implementation 
     of the management plan, the Secretary may authorize within 
     the Outstanding Natural Area appropriate research activities 
     for the purposes identified in subsection (c)(1) and pursuant 
     to section 307(a) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1737(a)).
       (6) Acquisition.--State and privately held lands or 
     interests in lands adjacent to the Outstanding Natural Area 
     and identified as appropriate for acquisition in the 
     management plan may be acquired by the Secretary as part of 
     the Outstanding Natural Area only by--
       (A) donation;
       (B) exchange with a willing party; or
       (C) purchase from a willing seller.
       (7) Additions to the outstanding natural area.--Any lands 
     or interest in lands adjacent to the Outstanding Natural Area 
     acquired by the United States after the date of enactment of 
     this Act shall be added to and administered as part of the 
     Outstanding Natural Area.
       (8) Overflights.--Nothing in this section or the management 
     plan shall be construed to--
       (A) restrict or preclude overflights, including low level 
     overflights, military, commercial, and general aviation 
     overflights that can be seen or heard within the Outstanding 
     Natural Area;
       (B) restrict or preclude the designation or creation of new 
     units of special use airspace or the establishment of 
     military flight training routes over the Outstanding Natural 
     Area; or
       (C) modify regulations governing low-level overflights 
     above the adjacent Monterey Bay National Marine Sanctuary.
       (9) Law enforcement activities.--Nothing in this section 
     shall be construed to preclude or otherwise affect coastal 
     border security operations or other law enforcement 
     activities by the Coast Guard or other agencies within the 
     Department of Homeland Security, the Department of Justice, 
     or any other Federal, State, and local law enforcement 
     agencies within the Outstanding Natural Area.
       (10) Native american uses and interests.--In recognition of 
     the past use of the Outstanding Natural Area by Indians and 
     Indian tribes for traditional cultural and religious 
     purposes, the Secretary shall ensure access to the 
     Outstanding Natural Area by Indians and Indian tribes for 
     such traditional cultural and religious purposes. In 
     implementing this subsection, the Secretary, upon the request 
     of an Indian tribe or Indian religious community, shall 
     temporarily close to the general public use of one or more 
     specific portions of the Outstanding Natural Area in order to 
     protect the privacy of traditional cultural and religious 
     activities in such areas by the Indian tribe or Indian 
     religious community. Any such closure shall be made to affect 
     the smallest practicable area for the minimum period 
     necessary for such purposes. Such access shall be consistent 
     with the purpose and intent of Public Law 95-341 (42 U.S.C. 
     1996 et seq.; commonly referred to as the ``American Indian 
     Religious Freedom Act'').
       (11) No buffer zones.--The designation of the Outstanding 
     Natural Area is not intended to lead to the creation of 
     protective perimeters or buffer zones around area. The fact 
     that activities outside the Outstanding Natural Area and not 
     consistent with the purposes of this section can be seen or 
     heard within the Outstanding Natural Area shall not, of 
     itself, preclude such activities or uses up to the boundary 
     of the Outstanding Natural Area.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 202. JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.

       (a) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (2) Lighthouse.--The term ``Lighthouse'' means the Jupiter 
     Inlet Lighthouse located in Palm Beach County, Florida.
       (3) Local partners.--The term ``Local Partners'' includes--
       (A) Palm Beach County, Florida;
       (B) the Town of Jupiter, Florida;
       (C) the Village of Tequesta, Florida; and
       (D) the Loxahatchee River Historical Society.
       (4) Management plan.--The term ``management plan'' means 
     the management plan developed under subsection (c)(1).
       (5) Map.--The term ``map'' means the map entitled ``Jupiter 
     Inlet Lighthouse Outstanding Natural Area'' and dated October 
     29, 2007.
       (6) Outstanding natural area.--The term ``Outstanding 
     Natural Area'' means the Jupiter Inlet Lighthouse Outstanding 
     Natural Area established by subsection (b)(1).
       (7) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103(e) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1702(e)).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) State.--The term ``State'' means the State of Florida.
       (b) Establishment of the Jupiter Inlet Lighthouse 
     Outstanding Natural Area.--
       (1) Establishment.--Subject to valid existing rights, there 
     is established for the purposes described in paragraph (2) 
     the Jupiter Inlet Lighthouse Outstanding Natural Area, the 
     boundaries of which are depicted on the map.
       (2) Purposes.--The purposes of the Outstanding Natural Area 
     are to protect, conserve, and enhance the unique and 
     nationally important historic, natural, cultural, scientific, 
     educational, scenic, and recreational values of the Federal 
     land surrounding the Lighthouse for the benefit of present 
     generations and future generations of people in the United 
     States, while--
       (A) allowing certain recreational and research activities 
     to continue in the Outstanding Natural Area; and
       (B) ensuring that Coast Guard operations and activities are 
     unimpeded within the boundaries of the Outstanding Natural 
     Area.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in appropriate offices of the 
     Bureau of Land Management.
       (4) Withdrawal.--
       (A) In general.--Subject to valid existing rights, 
     subsection (e), and any existing withdrawals under the 
     Executive orders and public land order described in 
     subparagraph (B), the Federal land and any interests in the 
     Federal land included in the Outstanding Natural Area are 
     withdrawn from--
       (i) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) operation of the mineral leasing and geothermal 
     leasing laws and the mineral materials laws.
       (B) Description of executive orders.--The Executive orders 
     and public land order described in subparagraph (A) are--
       (i) the Executive Order dated October 22, 1854;
       (ii) Executive Order No. 4254 (June 12, 1925); and
       (iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).
       (c) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Commandant, shall develop a comprehensive management plan 
     in accordance with section 202 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712) to--
       (A) provide long-term management guidance for the public 
     land in the Outstanding Natural Area; and
       (B) ensure that the Outstanding Natural Area fulfills the 
     purposes for which the Outstanding Natural Area is 
     established.
       (2) Consultation; public participation.--The management 
     plan shall be developed--
       (A) in consultation with appropriate Federal, State, 
     county, and local government agencies, the Commandant, the 
     Local Partners, and other partners; and
       (B) in a manner that ensures full public participation.
       (3) Existing plans.--The management plan shall, to the 
     maximum extent practicable, be consistent with existing 
     resource plans, policies, and programs.
       (4) Inclusions.--The management plan shall include--
       (A) objectives and provisions to ensure--
       (i) the protection and conservation of the resource values 
     of the Outstanding Natural Area; and
       (ii) the restoration of native plant communities and 
     estuaries in the Outstanding Natural Area, with an emphasis 
     on the conservation and enhancement of healthy, functioning 
     ecological systems in perpetuity;
       (B) objectives and provisions to maintain or recreate 
     historic structures;
       (C) an implementation plan for a program of interpretation 
     and public education about the natural and cultural resources 
     of the Lighthouse, the public land surrounding the 
     Lighthouse, and associated structures;
       (D) a proposal for administrative and public facilities to 
     be developed or improved that--
       (i) are compatible with achieving the resource objectives 
     for the Outstanding Natural Area described in subsection 
     (d)(1)(A)(ii); and
       (ii) would accommodate visitors to the Outstanding Natural 
     Area;
       (E) natural and cultural resource management strategies for 
     the Outstanding Natural Area, to be developed in consultation 
     with appropriate departments of the State, the Local 
     Partners, and the Commandant, with an emphasis on resource 
     conservation in the Outstanding Natural Area and the 
     interpretive, educational, and long-term scientific uses of 
     the resources; and
       (F) recreational use strategies for the Outstanding Natural 
     Area, to be prepared in consultation with the Local Partners, 
     appropriate departments of the State, and the Coast Guard, 
     with an emphasis on passive recreation.
       (5) Interim plan.--Until a management plan is adopted for 
     the Outstanding Natural Area, the Jupiter Inlet Coordinated 
     Resource Management Plan (including any updates or

[[Page 5752]]

     amendments to the Jupiter Inlet Coordinated Resource 
     Management Plan) shall be in effect.
       (d) Management of the Jupiter Inlet Lighthouse Outstanding 
     Natural Area.--
       (1) Management.--
       (A) In general.--The Secretary, in consultation with the 
     Local Partners and the Commandant, shall manage the 
     Outstanding Natural Area--
       (i) as part of the National Landscape Conservation System;
       (ii) in a manner that conserves, protects, and enhances the 
     unique and nationally important historical, natural, 
     cultural, scientific, educational, scenic, and recreational 
     values of the Outstanding Natural Area, including an emphasis 
     on the restoration of native ecological systems; and
       (iii) in accordance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) and other 
     applicable laws.
       (B) Limitation.--In managing the Outstanding Natural Area, 
     the Secretary shall not take any action that precludes, 
     prohibits, or otherwise affects the conduct of ongoing or 
     future Coast Guard operations or activities on lots 16 and 
     18, as depicted on the map.
       (2) Uses.--Subject to valid existing rights and subsection 
     (e), the Secretary shall only allow uses of the Outstanding 
     Natural Area that the Secretary, in consultation with the 
     Commandant and Local Partners, determines would likely 
     further the purposes for which the Outstanding Natural Area 
     is established.
       (3) Cooperative agreements.--To facilitate implementation 
     of the management plan and to continue the successful 
     partnerships with local communities and other partners, the 
     Secretary may, in accordance with section 307(b) of the 
     Federal Land Management Policy and Management Act of 1976 (43 
     U.S.C. 1737(b)), enter into cooperative agreements with the 
     appropriate Federal, State, county, other local government 
     agencies, and other partners (including the Loxahatchee River 
     Historical Society) for the long-term management of the 
     Outstanding Natural Area
       (4) Research activities.--To continue successful research 
     partnerships, pursue future research partnerships, and assist 
     in the development and implementation of the management plan, 
     the Secretary may, in accordance with section 307(a) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1737(a)), authorize the conduct of appropriate research 
     activities in the Outstanding Natural Area for the purposes 
     described in subsection (b)(2).
       (5) Acquisition of land.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may acquire for inclusion in the Outstanding Natural Area any 
     State or private land or any interest in State or private 
     land that is--
       (i) adjacent to the Outstanding Natural Area; and
       (ii) identified in the management plan as appropriate for 
     acquisition.
       (B) Means of acquisition.--Land or an interest in land may 
     be acquired under subparagraph (A) only by donation, 
     exchange, or purchase from a willing seller with donated or 
     appropriated funds.
       (C) Additions to the outstanding natural area.--Any land or 
     interest in land adjacent to the Outstanding Natural Area 
     acquired by the United States after the date of enactment of 
     this Act under subparagraph (A) shall be added to, and 
     administered as part of, the Outstanding Natural Area.
       (6) Law enforcement activities.--Nothing in this section, 
     the management plan, or the Jupiter Inlet Coordinated 
     Resource Management Plan (including any updates or amendments 
     to the Jupiter Inlet Coordinated Resource Management Plan) 
     precludes, prohibits, or otherwise affects--
       (A) any maritime security, maritime safety, or 
     environmental protection mission or activity of the Coast 
     Guard;
       (B) any border security operation or law enforcement 
     activity by the Department of Homeland Security or the 
     Department of Justice; or
       (C) any law enforcement activity of any Federal, State, or 
     local law enforcement agency in the Outstanding Natural Area.
       (7) Future disposition of coast guard facilities.--If the 
     Commandant determines, after the date of enactment of this 
     Act, that Coast Guard facilities within the Outstanding 
     Natural Area exceed the needs of the Coast Guard, the 
     Commandant may relinquish the facilities to the Secretary 
     without removal, subject only to any environmental 
     remediation that may be required by law.
       (e) Effect on Ongoing and Future Coast Guard Operations.--
     Nothing in this section, the management plan, or the Jupiter 
     Inlet Coordinated Resource Management Plan (including updates 
     or amendments to the Jupiter Inlet Coordinated Resource 
     Management Plan) precludes, prohibits, or otherwise affects 
     ongoing or future Coast Guard operations or activities in the 
     Outstanding Natural Area, including--
       (1) the continued and future operation of, access to, 
     maintenance of, and, as may be necessitated for Coast Guard 
     missions, the expansion, enhancement, or replacement of, the 
     Coast Guard High Frequency antenna site on lot 16;
       (2) the continued and future operation of, access to, 
     maintenance of, and, as may be necessitated for Coast Guard 
     missions, the expansion, enhancement, or replacement of, the 
     military family housing area on lot 18;
       (3) the continued and future use of, access to, maintenance 
     of, and, as may be necessitated for Coast Guard missions, the 
     expansion, enhancement, or replacement of, the pier on lot 
     18;
       (4) the existing lease of the Jupiter Inlet Lighthouse on 
     lot 18 from the Coast Guard to the Loxahatchee River 
     Historical Society; or
       (5) any easements or other less-than-fee interests in 
     property appurtenant to existing Coast Guard facilities on 
     lots 16 and 18.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

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

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

            TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

                   Subtitle A--Cooperative Agreements

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

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

          Subtitle B--Boundary Adjustments and Authorizations

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

       (a) Definitions.--In this section:
       (1) Historic site.--The term ``Historic Site'' means Carl 
     Sandburg Home National Historic Site.

[[Page 5753]]

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

     SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY 
                   ADJUSTMENT.

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

     SEC. 313. MINIDOKA NATIONAL HISTORIC SITE.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of Idaho.
       (b) Bainbridge Island Japanese American Memorial.--
       (1) Boundary adjustment.--
       (A) In general.--The boundary of the Minidoka Internment 
     National Monument, located in the State and established by 
     Presidential Proclamation 7395 of January 17, 2001, is 
     adjusted to include the Nidoto Nai Yoni (``Let it not happen 
     again'') memorial (referred to in this subsection as the 
     ``memorial''), which--
       (i) commemorates the Japanese Americans of Bainbridge 
     Island, Washington, who were the first to be forcibly removed 
     from their homes and relocated to internment camps during 
     World War II under Executive Order No. 9066; and
       (ii) consists of approximately 8 acres of land owned by the 
     City of Bainbridge Island, Washington, as depicted on the map 
     entitled ``Bainbridge Island Japanese American Memorial'', 
     numbered 194/80,003, and dated September, 2006.
       (B) Map.--The map referred to in subparagraph (A) shall be 
     kept on file and made available for public inspection in the 
     appropriate offices of the National Park Service.
       (2) Administration of memorial.--
       (A) In general.--The memorial shall be administered as part 
     of the Minidoka Internment National Monument.
       (B) Agreements.--To carry out this subsection, the 
     Secretary may enter into agreements with--
       (i) the City of Bainbridge Island, Washington;
       (ii) the Bainbridge Island Metropolitan Park and 
     Recreational District;
       (iii) the Bainbridge Island Japanese American Community 
     Memorial Committee;
       (iv) the Bainbridge Island Historical Society; and
       (v) other appropriate individuals or entities.
       (C) Implementation.--To implement an agreement entered into 
     under this paragraph, the Secretary may--
       (i) enter into a cooperative management agreement relating 
     to the operation and maintenance of the memorial with the 
     City of Bainbridge Island, Washington, in accordance with 
     section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)); and
       (ii) enter into cooperative agreements with, or make grants 
     to, the City of Bainbridge Island, Washington, and other non-
     Federal entities for the development of facilities, 
     infrastructure, and interpretive media at the memorial, if 
     any Federal funds provided by a grant or through a 
     cooperative agreement are matched with non-Federal funds.
       (D) Administration and visitor use site.--The Secretary may 
     operate and maintain a site in the State of Washington for 
     administrative and visitor use purposes associated with the 
     Minidoka Internment National Monument.
       (c) Establishment of Minidoka National Historic Site.--
       (1) Definitions.--In this section:
       (A) Historic site.--The term ``Historic Site'' means the 
     Minidoka National Historic Site established by paragraph 
     (2)(A).
       (B) Minidoka map.--The term ``Minidoka Map'' means the map 
     entitled ``Minidoka National Historic Site, Proposed Boundary 
     Map'', numbered 194/80,004, and dated December 2006.
       (2) Establishment.--
       (A) National historic site.--In order to protect, preserve, 
     and interpret the resources associated with the former 
     Minidoka Relocation Center where Japanese Americans were 
     incarcerated during World War II, there is established the 
     Minidoka National Historic Site.
       (B) Minidoka internment national monument.--
       (i) In general.--The Minidoka Internment National Monument 
     (referred to in this subsection as the ``Monument)'', as 
     described in Presidential Proclamation 7395 of January 17, 
     2001, is abolished.
       (ii) Incorporation.--The land and any interests in the land 
     at the Monument are incorporated within, and made part of, 
     the Historic Site.
       (iii) Funds.--Any funds available for purposes of the 
     Monument shall be available for the Historic Site.
       (C) References.--Any reference in a law (other than in this 
     title), map, regulation, document, record, or other paper of 
     the United States to the ``Minidoka Internment National 
     Monument'' shall be considered to be a reference to the 
     ``Minidoka National Historic Site''.
       (3) Boundary of historic site.--
       (A) Boundary.--The boundary of the Historic Site shall 
     include--
       (i) approximately 292 acres of land, as depicted on the 
     Minidoka Map; and
       (ii) approximately 8 acres of land, as described in 
     subsection (b)(1)(A)(ii).
       (B) Availability of map.--The Minidoka Map shall be on file 
     and available for public inspection in the appropriate 
     offices of the National Park Service.
       (4) Land transfers and acquisition.--
       (A) Transfer from bureau of reclamation.--Administrative 
     jurisdiction over the land identified on the Minidoka Map as 
     ``BOR parcel 1'' and ``BOR parcel 2'', including any 
     improvements on, and appurtenances to, the parcels, is 
     transferred from the Bureau of Reclamation to the National 
     Park Service for inclusion in the Historic Site.
       (B) Transfer from bureau of land management.--
     Administrative jurisdiction over the land identified on the 
     Minidoka Map as ``Public Domain Lands'' is transferred from 
     the Bureau of Land Management to the National Park Service 
     for inclusion in the Historic Site, and the portions of any 
     prior Secretarial orders withdrawing the land are revoked.
       (C) Acquisition authority.--The Secretary may acquire any 
     land or interest in land located within the boundary of the 
     Historic Site, as depicted on the Minidoka Map, by--
       (i) donation;
       (ii) purchase with donated or appropriated funds from a 
     willing seller; or
       (iii) exchange.
       (5) Administration.--
       (A) In general.--The Historic Site shall be administered in 
     accordance with--
       (i) this Act; and
       (ii) laws (including regulations) generally applicable to 
     units of the National Park System, including--

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

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

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

       (ii) Oral histories.--To the extent feasible, the 
     collection of oral histories and testimonials from Japanese 
     Americans who were confined shall be a part of the 
     interpretive program at the Historic Site.
       (iii) Coordination.--The Secretary shall coordinate the 
     development of interpretive and educational materials and 
     programs for the Historic Site with the Manzanar National 
     Historic Site in the State of California.
       (C) Bainbridge island japanese american memorial.--The 
     Bainbridge Island Japanese American Memorial shall be 
     administered in accordance with subsection (b)(2).
       (D) Continued agricultural use.--In keeping with the 
     historical use of the land following the decommission of the 
     Minidoka Relocation Center, the Secretary may issue

[[Page 5754]]

     a special use permit or enter into a lease to allow 
     agricultural uses within the Historic Site under appropriate 
     terms and conditions, as determined by the Secretary.
       (6) Disclaimer of interest in land.--
       (A) In general.--The Secretary may issue to Jerome County, 
     Idaho, a document of disclaimer of interest in land for the 
     parcel identified as ``Tract No. 2''--
       (i) in the final order of condemnation, for the case 
     numbered 2479, filed on January 31, 1947, in the District 
     Court of the United States, in and for the District of Idaho, 
     Southern Division; and
       (ii) on the Minidoka Map.
       (B) Process.--The Secretary shall issue the document of 
     disclaimer of interest in land under subsection (a) in 
     accordance with section 315(b) of Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1745(b)).
       (C) Effect.--The issuance by the Secretary of the document 
     of disclaimer of interest in land under subsection (a) shall 
     have the same effect as a quit-claim deed issued by the 
     United States.
       (d) Conveyance of American Falls Reservoir District Number 
     2.--
       (1) Definitions.--In this subsection:
       (A) Agreement.--The term ``Agreement'' means Agreement No. 
     5-07-10-L1688 between the United States and the District, 
     entitled ``Agreement Between the United States and the 
     American Falls Reservoir District No. 2 to Transfer Title to 
     the Federally Owned Milner-Gooding Canal and Certain Property 
     Rights, Title and Interest to the American Falls Reservoir 
     District No. 2''.
       (B) District.--The term ``District'' means the American 
     Falls Reservoir District No. 2, located in Jerome, Lincoln, 
     and Gooding Counties, of the State.
       (2) Authority to convey title.--
       (A) In general.--In accordance with all applicable law and 
     the terms and conditions set forth in the Agreement, the 
     Secretary may convey--
       (i) to the District all right, title, and interest in and 
     to the land and improvements described in Appendix A of the 
     Agreement, subject to valid existing rights;
       (ii) to the city of Gooding, located in Gooding County, of 
     the State, all right, title, and interest in and to the 5.0 
     acres of land and improvements described in Appendix D of the 
     Agreement; and
       (iii) to the Idaho Department of Fish and Game all right, 
     title, and interest in and to the 39.72 acres of land and 
     improvements described in Appendix D of the Agreement.
       (B) Compliance with agreement.--All parties to the 
     conveyance under subparagraph (A) shall comply with the terms 
     and conditions of the Agreement, to the extent consistent 
     with this section.
       (3) Compliance with other laws.--
       (A) In general.--On conveyance of the land and improvements 
     under paragraph (2)(A)(i), the District shall comply with all 
     applicable Federal, State, and local laws (including 
     regulations) in the operation of each facility transferred.
       (B) Applicable authority.--Nothing in this subsection 
     modifies or otherwise affects the applicability of Federal 
     reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
     chapter 1093), and Acts supplemental to and amendatory of 
     that Act (43 U.S.C. 371 et seq.)) to project water provided 
     to the District.
       (4) Revocation of withdrawals.--
       (A) In general.--The portions of the Secretarial Orders 
     dated March 18, 1908, October 7, 1908, September 29, 1919, 
     October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 
     1963, withdrawing the approximately 6,900 acres described in 
     Appendix E of the Agreement for the purpose of the Gooding 
     Division of the Minidoka Project, are revoked.
       (B) Management of withdrawn land.--The Secretary, acting 
     through the Director of the Bureau of Land Management, shall 
     manage the withdrawn land described in subparagraph (A) 
     subject to valid existing rights.
       (5) Liability.--
       (A) In general.--Subject to subparagraph (B), upon 
     completion of a conveyance under paragraph (2), the United 
     States shall not be liable for damages of any kind for any 
     injury arising out of an act, omission, or occurrence 
     relating to the land (including any improvements to the land) 
     conveyed under the conveyance.
       (B) Exception.--Subparagraph (A) shall not apply to 
     liability for damages resulting from an injury caused by any 
     act of negligence committed by the United States (or by any 
     officer, employee, or agent of the United States) before the 
     date of completion of the conveyance.
       (C) Federal tort claims act.--Nothing in this paragraph 
     increases the liability of the United States beyond that 
     provided in chapter 171 of title 28, United States Code.
       (6) Future benefits.--
       (A) Responsibility of the district.--After completion of 
     the conveyance of land and improvements to the District under 
     paragraph (2)(A)(i), and consistent with the Agreement, the 
     District shall assume responsibility for all duties and costs 
     associated with the operation, replacement, maintenance, 
     enhancement, and betterment of the transferred land 
     (including any improvements to the land).
       (B) Eligibility for federal funding.--
       (i) In general.--Except as provided in clause (ii), the 
     District shall not be eligible to receive Federal funding to 
     assist in any activity described in subparagraph (A) relating 
     to land and improvements transferred under paragraph 
     (2)(A)(i).
       (ii) Exception.--Clause (i) shall not apply to any funding 
     that would be available to a similarly situated 
     nonreclamation district, as determined by the Secretary.
       (7) National environmental policy act.--Before completing 
     any conveyance under this subsection, the Secretary shall 
     complete all actions required under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (C) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); and
       (D) all other applicable laws (including regulations).
       (8) Payment.--
       (A) Fair market value requirement.--As a condition of the 
     conveyance under paragraph (2)(A)(i), the District shall pay 
     the fair market value for the withdrawn lands to be acquired 
     by the District, in accordance with the terms of the 
     Agreement.
       (B) Grant for building replacement.--As soon as practicable 
     after the date of enactment of this Act, and in full 
     satisfaction of the Federal obligation to the District for 
     the replacement of the structure in existence on that date of 
     enactment that is to be transferred to the National Park 
     Service for inclusion in the Minidoka National Historic Site, 
     the Secretary, acting through the Commissioner of 
     Reclamation, shall provide to the District a grant in the 
     amount of $52,996, in accordance with the terms of the 
     Agreement.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT.

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

     ``SEC. 108. INTERMODAL TRANSPORTATION CENTER.

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

[[Page 5755]]



                          Subtitle C--Studies

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

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

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

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

     SEC. 323. WOLF HOUSE STUDY.

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

     SEC. 324. SPACE SHUTTLE COLUMBIA STUDY.

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

     SEC. 325. CESAR E. CHAVEZ STUDY.

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

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

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary''), in consultation with 
     the appropriate State historic preservation officers, State 
     historical societies, the city of Taunton, Massachusetts, and 
     other appropriate organizations, shall conduct a special 
     resources study regarding the suitability and feasibility of 
     designating certain historic buildings and areas in Taunton, 
     Massachusetts, as a unit of the National Park System. The 
     study shall be conducted and completed in accordance with 
     section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and 
     shall include analysis, documentation, and determinations 
     regarding whether the historic areas in Taunton--
       (1) can be managed, curated, interpreted, restored, 
     preserved, and presented as an organic whole under management 
     by the National Park Service or under an alternative 
     management structure;

[[Page 5756]]

       (2) have an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use;
       (3) reflect traditions, customs, beliefs, and historical 
     events that are valuable parts of the national story;
       (4) provide outstanding opportunities to conserve natural, 
     historic, cultural, architectural, or scenic features;
       (5) provide outstanding recreational and educational 
     opportunities; and
       (6) can be managed by the National Park Service in 
     partnership with residents, business interests, nonprofit 
     organizations, and State and local governments to develop a 
     unit of the National Park System consistent with State and 
     local economic activity.
       (b) Report.--Not later than 3 fiscal years after the date 
     on which funds are first made available for this section, the 
     Secretary shall submit to the Committee on Natural Resources 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate a report on the findings, 
     conclusions, and recommendations of the study required under 
     subsection (a).
       (c) Private Property.--The recommendations in the report 
     submitted pursuant to subsection (b) shall include discussion 
     and consideration of the concerns expressed by private 
     landowners with respect to designating certain structures 
     referred to in this section as a unit of the National Park 
     System.

     SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY.

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

            Subtitle D--Memorials, Commissions, and Museums

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

       (a) Findings.--The Congress finds the following:
       (1) Francis Marion was born in 1732 in St. John's Parish, 
     Berkeley County, South Carolina. He married Mary Esther 
     Videau on April 20th, 1786. Francis and Mary Esther Marion 
     had no children, but raised a son of a relative as their own, 
     and gave the child Francis Marion's name.
       (2) Brigadier General Marion commanded the Williamsburg 
     Militia Revolutionary force in South Carolina and was 
     instrumental in delaying the advance of British forces by 
     leading his troops in disrupting supply lines.
       (3) Brigadier General Marion's tactics, which were unheard 
     of in rules of warfare at the time, included lightning raids 
     on British convoys, after which he and his forces would 
     retreat into the swamps to avoid capture. British Lieutenant 
     Colonel Tarleton stated that ``as for this damned old swamp 
     fox, the devil himself could not catch him''. Thus, the 
     legend of the ``Swamp Fox'' was born.
       (4) His victory at the Battle of Eutaw Springs in September 
     of 1781 was officially recognized by Congress.
       (5) Brigadier General Marion's troops are believed to be 
     the first racially integrated force fighting for the United 
     States, as his band was a mix of Whites, Blacks, both free 
     and slave, and Native Americans.
       (6) As a statesman, he represented his parish in the South 
     Carolina senate as well as his State at the Constitutional 
     Convention.
       (7) Although the Congress has authorized the establishment 
     of commemorative works on Federal lands in the District of 
     Columbia honoring such celebrated Americans as George 
     Washington, Thomas Jefferson, and Abraham Lincoln, the 
     National Capital has no comparable memorial to Brigadier 
     General Francis Marion for his bravery and leadership during 
     the Revolutionary War, without which the United States would 
     not exist.
       (8) Brigadier General Marion's legacy must live on. Since 
     1878, United States Reservation 18 has been officially 
     referred to as Marion Park. Located between 4th and 6th 
     Streets, S.E., at the intersection of E Street and South 
     Carolina Avenue, S.E., in Washington, DC, the park lacks a 
     formal commemoration to this South Carolina hero who was 
     important to the initiation of the Nation's heritage.
       (9) The time has come to correct this oversight so that 
     future generations of Americans will know and understand the 
     preeminent historical and lasting significance to the Nation 
     of Brigadier General Marion's contributions. Such a South 
     Carolina hero deserves to be given the proper recognition.
       (b) Authority To Establish Commemorative Work.--The Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, may establish a commemorative work on Federal 
     land in the District of Columbia and its environs to honor 
     Brigadier General Francis Marion and his service.
       (c) Compliance With Standards for Commemorative Works.--The 
     commemorative work authorized by subsection (b) shall be 
     established in accordance with chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'').
       (d) Use of Federal Funds Prohibited.--Federal funds may not 
     be used to pay any expense of the establishment of the 
     commemorative work authorized by subsection (b). The Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, shall be solely responsible for acceptance of 
     contributions for, and payment of the expenses of, the 
     establishment of that commemorative work.
       (e) Deposit of Excess Funds.--If, upon payment of all 
     expenses of the establishment of the commemorative work 
     authorized by subsection (b) (including the maintenance and 
     preservation amount provided for in section 8906(b) of title 
     40, United States Code), or upon expiration of the authority 
     for the commemorative work under chapter 89 of title 40, 
     United States Code, there remains a balance of funds received 
     for the establishment of that commemorative work, the Marion 
     Park Project, a committee of the Palmetto Conservation 
     Foundation, shall transmit the amount of the balance to the 
     Secretary of the Treasury for deposit in the account provided 
     for in section 8906(b)(1) of such title.
       (f) Definitions.--For the purposes of this section, the 
     terms ``commemorative work'' and ``the District of Columbia 
     and its environs'' have the meanings given to such terms in 
     section 8902(a) of title 40, United States Code.

     SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.

       Section 8162 of the Department of Defense Appropriations 
     Act, 2000 (Public Law 106-79; 113 Stat. 1274) is amended--
       (1) by striking subsection (j) and inserting the following:
       ``(j) Powers of the Commission.--
       ``(1) In general.--
       ``(A) Powers.--The Commission may--
       ``(i) make such expenditures for services and materials for 
     the purpose of carrying out this section as the Commission 
     considers advisable from funds appropriated or received as 
     gifts for that purpose;
       ``(ii) solicit and accept contributions to be used in 
     carrying out this section or to be used in connection with 
     the construction or other expenses of the memorial;
       ``(iii) hold hearings and enter into contracts;
       ``(iv) enter into contracts for specialized or professional 
     services as necessary to carry out this section; and
       ``(v) take such actions as are necessary to carry out this 
     section.
       ``(B) Specialized or professional services.--Services under 
     subparagraph (A)(iv) may be--
       ``(i) obtained without regard to the provisions of title 5, 
     United States Code, including section 3109 of that title; and
       ``(ii) may be paid without regard to the provisions of 
     title 5, United States Code, including chapter 51 and 
     subchapter III of chapter 53 of that title.
       ``(2) Gifts of property.--The Commission may accept gifts 
     of real or personal property to be used in carrying out this 
     section, including to be used in connection with the 
     construction or other expenses of the memorial.
       ``(3) Federal cooperation.--At the request of the 
     Commission, a Federal department or agency may provide any 
     information or other assistance to the Commission that the 
     head of the Federal department or agency determines to be 
     appropriate.
       ``(4) Powers of members and agents.--
       ``(A) In general.--If authorized by the Commission, any 
     member or agent of the Commission may take any action that 
     the Commission is authorized to take under this section.
       ``(B) Architect.--The Commission may appoint an architect 
     as an agent of the Commission to--
       ``(i) represent the Commission on various governmental 
     source selection and planning boards on the selection of the 
     firms that will design and construct the memorial; and

[[Page 5757]]

       ``(ii) perform other duties as designated by the 
     Chairperson of the Commission.
       ``(C) Treatment.--An authorized member or agent of the 
     Commission (including an individual appointed under 
     subparagraph (B)) providing services to the Commission shall 
     be considered an employee of the Federal Government in the 
     performance of those services for the purposes of chapter 171 
     of title 28, United States Code, relating to tort claims.
       ``(5) Travel.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the 
     Commission.'';
       (2) by redesignating subsection (o) as subsection (q); and
       (3) by adding after subsection (n) the following:
       ``(o) Staff and Support Services.--
       ``(1) Executive director.--There shall be an Executive 
     Director appointed by the Commission to be paid at a rate not 
     to exceed the maximum rate of basic pay for level IV of the 
     Executive Schedule.
       ``(2) Staff.--
       ``(A) In general.--The staff of the Commission may be 
     appointed and terminated without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service, and may be paid without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     that title, relating to classification and General Schedule 
     pay rates, except that an individual appointed under this 
     paragraph may not receive pay in excess of the maximum rate 
     of basic pay for GS-15 of the General Schedule.
       ``(B) Senior staff.--Notwithstanding subparagraph (A), not 
     more than 3 staff employees of the Commission (in addition to 
     the Executive Director) may be paid at a rate not to exceed 
     the maximum rate of basic pay for level IV of the Executive 
     Schedule.
       ``(3) Staff of federal agencies.--On request of the 
     Commission, the head of any Federal department or agency may 
     detail any of the personnel of the department or agency to 
     the Commission to assist the Commission to carry out its 
     duties under this section.
       ``(4) Federal support.--The Commission shall obtain 
     administrative and support services from the General Services 
     Administration on a reimbursable basis. The Commission may 
     use all contracts, schedules, and acquisition vehicles 
     allowed to external clients through the General Services 
     Administration.
       ``(5) Cooperative agreements.--The Commission may enter 
     into cooperative agreements with Federal agencies, State, 
     local, tribal and international governments, and private 
     interests and organizations which will further the goals and 
     purposes of this section.
       ``(6) Temporary, intermittent, and part-time services.--
       ``(A) In general.--The Commission may obtain temporary, 
     intermittent, and part-time services under section 3109 of 
     title 5, United States Code, at rates not to exceed the 
     maximum annual rate of basic pay payable under section 5376 
     of that title.
       ``(B) Non-applicability to certain services.--This 
     paragraph shall not apply to services under subsection 
     (j)(1)(A)(iv).
       ``(7) Volunteer services.--
       ``(A) In general.--Notwithstanding section 1342 of title 
     31, United States Code, the Commission may accept and utilize 
     the services of volunteers serving without compensation.
       ``(B) Reimbursement.--The Commission may reimburse such 
     volunteers for local travel and office supplies, and for 
     other travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code.
       ``(C) Liability.--
       ``(i) In general.--Subject to clause (ii), a volunteer 
     described in subparagraph (A) shall be considered to be a 
     volunteer for purposes of the Volunteer Protection Act of 
     1997 (42 U.S.C. 14501 et seq.).
       ``(ii) Exception.--Section 4(d) of the Volunteer Protection 
     Act of 1997 (42 U.S.C. 14503(d)) shall not apply for purposes 
     of a claim against a volunteer described in subparagraph (A).
       ``(p) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as necessary to carry 
     out this section.''.

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

       (a) Establishment of Commission.--
       (1) In general.--There is established the Commission to 
     Study the Potential Creation of a National Museum of the 
     American Latino (hereafter in this section referred to as the 
     ``Commission'').
       (2) Membership.--The Commission shall consist of 23 members 
     appointed not later than 6 months after the date of enactment 
     of this Act as follows:
       (A) The President shall appoint 7 voting members.
       (B) The Speaker of the House of Representatives, the 
     Minority Leader of the House of Representatives, the Majority 
     Leader of the Senate, and the Minority Leader of the Senate 
     shall each appoint 3 voting members.
       (C) In addition to the members appointed under subparagraph 
     (B), the Speaker of the House of Representatives, the 
     Minority Leader of the House of Representatives, the Majority 
     Leader of the Senate, and the Minority Leader of the Senate 
     shall each appoint 1 nonvoting member.
       (3) Qualifications.--Members of the Commission shall be 
     chosen from among individuals, or representatives of 
     institutions or entities, who possess either--
       (A) a demonstrated commitment to the research, study, or 
     promotion of American Latino life, art, history, political or 
     economic status, or culture, together with--
       (i) expertise in museum administration;
       (ii) expertise in fundraising for nonprofit or cultural 
     institutions;
       (iii) experience in the study and teaching of Latino 
     culture and history at the post-secondary level;
       (iv) experience in studying the issue of the Smithsonian 
     Institution's representation of American Latino art, life, 
     history, and culture; or
       (v) extensive experience in public or elected service; or
       (B) experience in the administration of, or the planning 
     for the establishment of, museums devoted to the study and 
     promotion of the role of ethnic, racial, or cultural groups 
     in American history.
       (b) Functions of the Commission.--
       (1) Plan of action for establishment and maintenance of 
     museum.--The Commission shall submit a report to the 
     President and the Congress containing its recommendations 
     with respect to a plan of action for the establishment and 
     maintenance of a National Museum of the American Latino in 
     Washington, DC (hereafter in this section referred to as the 
     ``Museum'').
       (2) Fundraising plan.--The Commission shall develop a 
     fundraising plan for supporting the creation and maintenance 
     of the Museum through contributions by the American people, 
     and a separate plan on fundraising by the American Latino 
     community.
       (3) Report on issues.--The Commission shall examine (in 
     consultation with the Secretary of the Smithsonian 
     Institution), and submit a report to the President and the 
     Congress on, the following issues:
       (A) The availability and cost of collections to be acquired 
     and housed in the Museum.
       (B) The impact of the Museum on regional Hispanic- and 
     Latino-related museums.
       (C) Possible locations for the Museum in Washington, DC and 
     its environs, to be considered in consultation with the 
     National Capital Planning Commission and the Commission of 
     Fine Arts, the Department of the Interior and Smithsonian 
     Institution.
       (D) Whether the Museum should be located within the 
     Smithsonian Institution.
       (E) The governance and organizational structure from which 
     the Museum should operate.
       (F) How to engage the American Latino community in the 
     development and design of the Museum.
       (G) The cost of constructing, operating, and maintaining 
     the Museum.
       (4) Legislation to carry out plan of action.--Based on the 
     recommendations contained in the report submitted under 
     paragraph (1) and the report submitted under paragraph (3), 
     the Commission shall submit for consideration to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, the Committee on House Administration of 
     the House of Representatives, the Committee on Rules and 
     Administration of the Senate, the Committee on Natural 
     Resources of the House of Representatives, the Committee on 
     Energy and Natural Resources of the Senate, and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate recommendations for a legislative plan of 
     action to create and construct the Museum.
       (5) National conference.--In carrying out its functions 
     under this section, the Commission may convene a national 
     conference on the Museum, comprised of individuals committed 
     to the advancement of American Latino life, art, history, and 
     culture, not later than 18 months after the commission 
     members are selected.
       (c) Administrative Provisions.--
       (1) Facilities and support of department of the interior.--
     The Department of the Interior shall provide from funds 
     appropriated for this purpose administrative services, 
     facilities, and funds necessary for the performance of the 
     Commission's functions. These funds shall be made available 
     prior to any meetings of the Commission.
       (2) Compensation.--Each member of the Commission who is not 
     an officer or employee of the Federal Government may receive 
     compensation for each day on which the member is engaged in 
     the work of the Commission, at a daily rate to be determined 
     by the Secretary of the Interior.
       (3) Travel expenses.--Each member shall be entitled to 
     travel expenses, including per diem in lieu of subsistence, 
     in accordance with applicable provisions under subchapter I 
     of chapter 57 of title 5, United States Code.
       (4) Federal advisory committee act.--The Commission is not 
     subject to the provisions of the Federal Advisory Committee 
     Act.
       (d) Deadline for Submission of Reports; Termination.--

[[Page 5758]]

       (1) Deadline.--The Commission shall submit final versions 
     of the reports and plans required under subsection (b) not 
     later than 24 months after the date of the Commission's first 
     meeting.
       (2) Termination.--The Commission shall terminate not later 
     than 30 days after submitting the final versions of reports 
     and plans pursuant to paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for carrying out the activities of the 
     Commission $2,100,000 for the first fiscal year beginning 
     after the date of enactment of this Act and $1,100,000 for 
     the second fiscal year beginning after the date of enactment 
     of this Act.

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

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

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

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

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

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

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

       (B) Term; vacancies.--
       (i) Term.--A member of the Champlain Commission shall be 
     appointed for the life of the Champlain Commission.
       (ii) Vacancies.--A vacancy on the Champlain Commission 
     shall be filled in the same manner in which the original 
     appointment was made.
       (3) Duties.--The Champlain Commission shall--
       (A) plan, develop, and execute programs and activities 
     appropriate to commemorate the 400th anniversary of the 
     voyage of Samuel de Champlain, the first European to discover 
     and explore Lake Champlain;
       (B) facilitate activities relating to the Champlain 
     Quadricentennial throughout the United States;
       (C) coordinate the activities of the Champlain Commission 
     with--
       (i) State commemoration commissions;
       (ii) appropriate Federal agencies;
       (iii) the Lake Champlain Basin Program;
       (iv) the National Endowment for the Arts; and
       (v) the Smithsonian Institution;
       (D) encourage civic, patriotic, historical, educational, 
     artistic, religious, economic, and other organizations 
     throughout the United States to organize and participate in 
     anniversary activities to expand the understanding and 
     appreciation of the significance of the voyage of Samuel de 
     Champlain;
       (E) provide technical assistance to States, localities, and 
     nonprofit organizations to further the Champlain 
     commemoration;
       (F) coordinate and facilitate for the public scholarly 
     research on, publication about, and interpretation of, the 
     voyage of Samuel de Champlain;
       (G) ensure that the Champlain 2009 anniversary provides a 
     lasting legacy and a long-term public benefit by assisting in 
     the development of appropriate programs and facilities;
       (H) help ensure that the observances of the voyage of 
     Samuel de Champlain are inclusive and appropriately recognize 
     the experiences and heritage of all people present when 
     Samuel de Champlain arrived in the Champlain Valley; and
       (I) consult and coordinate with the Lake Champlain Basin 
     Program and other relevant organizations to plan and develop 
     programs and activities to commemorate the voyage of Samuel 
     de Champlain.
       (d) Establishment of Hudson-Fulton Commission.--
       (1) Establishment.--There is established a commission to be 
     known as the ``Hudson-Fulton 400th Commemoration 
     Commission''.
       (2) Membership.--
       (A) Composition.--The Hudson-Fulton Commission shall be 
     composed of 15 members, of whom--
       (i) 1 member shall be the Director of the National Park 
     Service (or a designee);
       (ii) 1 member shall be appointed by the Secretary, after 
     considering the recommendation of the Governor of the State 
     of New York;
       (iii) 6 members shall be appointed by the Secretary, after 
     considering the recommendations of the Members of the House 
     of Representatives whose districts encompass the Hudson River 
     Valley;
       (iv) 2 members shall be appointed by the Secretary, after 
     considering the recommendations of the Members of the Senate 
     from the State of New York;
       (v) 2 members shall be--

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

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

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

       (B) Term; vacancies.--
       (i) Term.--A member of the Hudson-Fulton Commission shall 
     be appointed for the life of the Hudson-Fulton Commission.
       (ii) Vacancies.--A vacancy on the Hudson-Fulton Commission 
     shall be filled in the same manner in which the original 
     appointment was made.
       (3) Duties.--The Hudson-Fulton Commission shall--
       (A) plan, develop, and execute programs and activities 
     appropriate to commemorate--
       (i) the 400th anniversary of the voyage of Henry Hudson, 
     the first European to sail up the Hudson River; and
       (ii) the 200th anniversary of the voyage of Robert Fulton, 
     the first person to use steam navigation on a commercial 
     basis;
       (B) facilitate activities relating to the Hudson-Fulton-
     Champlain Quadricentennial throughout the United States;
       (C) coordinate the activities of the Hudson-Fulton 
     Commission with--
       (i) State commemoration commissions;
       (ii) appropriate Federal agencies;
       (iii) the National Park Service, with respect to the Hudson 
     River Valley National Heritage Area;
       (iv) the American Heritage Rivers Initiative Interagency 
     Committee established by Executive Order 13061, dated 
     September 11, 1997;
       (v) the National Endowment for the Humanities;
       (vi) the National Endowment for the Arts; and
       (vii) the Smithsonian Institution;
       (D) encourage civic, patriotic, historical, educational, 
     artistic, religious, economic, and other organizations 
     throughout the United States to organize and participate in 
     anniversary activities to expand the understanding and 
     appreciation of the significance of the voyages of Henry 
     Hudson and Robert Fulton;
       (E) provide technical assistance to States, localities, and 
     nonprofit organizations to further the Hudson-Fulton 
     commemoration;

[[Page 5759]]

       (F) coordinate and facilitate for the public scholarly 
     research on, publication about, and interpretation of, the 
     voyages of Henry Hudson and Robert Fulton;
       (G) ensure that the Hudson-Fulton 2009 commemorations 
     provide a lasting legacy and long-term public benefit by 
     assisting in the development of appropriate programs and 
     facilities; and
       (H) help ensure that the observances of Henry Hudson are 
     inclusive and appropriately recognize the experiences and 
     heritage of all people present when Henry Hudson sailed the 
     Hudson River.
       (e) Commission Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of a commission established under this 
     section have been appointed, the applicable Commission shall 
     hold an initial meeting.
       (2) Meetings.--A commission established under this section 
     shall meet--
       (A) at least twice each year; or
       (B) at the call of the Chairperson or the majority of the 
     members of the Commission.
       (3) Quorum.--A majority of voting members shall constitute 
     a quorum, but a lesser number may hold meetings.
       (4) Chairperson and vice chairperson.--
       (A) Election.--The Commission shall elect the Chairperson 
     and the Vice Chairperson of the Commission on an annual 
     basis.
       (B) Absence of the chairperson.--The Vice Chairperson shall 
     serve as the Chairperson in the absence of the Chairperson.
       (5) Voting.--A commission established under this section 
     shall act only on an affirmative vote of a majority of the 
     voting members of the applicable Commission.
       (f) Commission Powers.--
       (1) Gifts.--The Commission may solicit, accept, use, and 
     dispose of gifts, bequests, or devises of money or other 
     property for aiding or facilitating the work of the 
     Commission.
       (2) Appointment of advisory committees.--The Commission may 
     appoint such advisory committees as the Commission determines 
     to be necessary to carry out this section.
       (3) Authorization of action.--The Commission may authorize 
     any member or employee of the Commission to take any action 
     that the Commission is authorized to take under this section.
       (4) Procurement.--
       (A) In general.--The Commission may procure supplies, 
     services, and property, and make or enter into contracts, 
     leases, or other legal agreements, to carry out this section 
     (except that a contract, lease, or other legal agreement made 
     or entered into by the Commission shall not extend beyond the 
     date of termination of the Commission).
       (B) Limitation.--The Commission may not purchase real 
     property.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (6) Grants.--
       (A)  Champlain commission.--The Champlain Commission may 
     make grants in amounts not to exceed $20,000--
       (i) to communities, nonprofit organizations, and State 
     commemorative commissions to develop programs to assist in 
     the Champlain commemoration; and
       (ii) to research and scholarly organizations to research, 
     publish, or distribute information relating to the early 
     history of the voyage of Samuel de Champlain.
       (B) Hudson-fulton commission.--The Hudson-Fulton Commission 
     may make grants in amounts not to exceed $20,000--
       (i) to communities, nonprofit organizations, and State 
     commemorative commissions to develop programs to assist in 
     the Hudson-Fulton commemoration; and
       (ii) to research and scholarly organizations to research, 
     publish, or distribute information relating to the early 
     history of the voyages of Henry Hudson and Robert Fulton.
       (7) Technical assistance.--The Commission shall provide 
     technical assistance to States, localities, and nonprofit 
     organizations to further the Champlain commemoration and 
     Hudson-Fulton commemoration, as applicable.
       (8) Coordination and consultation with lake champlain basin 
     program.--The Champlain Commission shall coordinate and 
     consult with the Lake Champlain Basin Program to provide 
     grants and technical assistance under paragraphs (6)(A) and 
     (7) for the development of activities commemorating the 
     voyage of Samuel de Champlain.
       (g) Commission Personnel Matters.--
       (1) Compensation of members.--
       (A) In general.--Except as provided in subparagraph (B), a 
     member of the Commission shall serve without compensation.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (3) Staff.--The Commission may, without regard to the civil 
     service laws (including regulations), appoint and terminate 
     an Executive Director and such other additional personnel as 
     are necessary to enable the Commission to perform the duties 
     of the Commission.
       (4) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Commission may fix the compensation of the Executive 
     Director and other personnel without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the Executive 
     Director and other personnel shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (5) Detail of government employees.--
       (A) Federal employees.--
       (i) In general.--At the request of the Commission, the head 
     of any Federal agency may detail, on a reimbursable or 
     nonreimbursable basis, any of the personnel of the agency to 
     the Commission to assist the Commission in carrying out the 
     duties of the Commission under this section.
       (ii) Civil service status.--The detail of an employee under 
     clause (i) shall be without interruption or loss of civil 
     service status or privilege.
       (B) State employees.--The Commission may--
       (i) accept the services of personnel detailed from the 
     State of New York or the State of Vermont, as appropriate 
     (including subdivisions of the States); and
       (ii) reimburse the State of New York or the State of 
     Vermont for services of detailed personnel.
       (C) Lake champlain basin program employees.--The Champlain 
     Commission may--
       (i) accept the services of personnel detailed from the Lake 
     Champlain Basin Program; and
       (ii) reimburse the Lake Champlain Basin Program for 
     services of detailed personnel.
       (D) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (6) Volunteer and uncompensated services.--Notwithstanding 
     section 1342 of title 31, United States Code, the Commission 
     may accept and use voluntary and uncompensated services as 
     the Commission determines necessary.
       (7) Support services.--The Secretary shall provide to the 
     Commission, on a reimbursable basis, such administrative 
     support services as the Commission may request.
       (8) FACA nonapplicability.--Section 14(b) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) Reports.--Not later than September 30, 2010, the 
     Commission shall submit to the Secretary a report that 
     contains--
       (1) a summary of the activities of the Commission;
       (2) a final accounting of funds received and expended by 
     the Commission; and
       (3) the findings and recommendations of the Commission.
       (i) Termination of Commissions.--
       (1) Date of termination.--The Commission shall terminate on 
     December 31, 2010.
       (2) Transfer of documents and materials.--Before the date 
     of termination specified in paragraph (1), the Commission 
     shall transfer all of its documents and materials of the 
     Commission to the National Archives or another appropriate 
     Federal entity.
       (j) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section for each of fiscal years 2008 through 
     2011--
       (A) $500,000 to the Champlain Commission; and
       (B) $500,000 to the Hudson-Fulton Commission.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.

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

       (a) Findings.--Congress finds that--
       (1) the Museum of the American Quilter's Society is the 
     largest quilt museum in the world, with a total of 13,400 
     square feet of exhibition space and more than 150 quilts 
     exhibited year-round in its 3 galleries;
       (2) the mission of the Museum is to educate the local, 
     national, and international public about the art, history, 
     and heritage of quiltmaking;
       (3) quilts in the Museum's permanent collection are made by 
     quilters from 44 of the 50 States and many foreign countries;
       (4) the Museum, centrally located in Paducah, Kentucky, and 
     open to the public year-round, averages 40,000 visitors per 
     year;

[[Page 5760]]

       (5) individuals from all 50 States and from more than 25 
     foreign countries have visited the Museum;
       (6) the Museum's Friends, an organization dedicated to 
     supporting and sustaining the Museum, also has members in all 
     50 States, with 84 percent of members living more than 60 
     miles from the Museum;
       (7) many members of the Museum's Friends have supported the 
     Museum annually since the Museum began in 1991;
       (8) quilts exhibited in the Museum are representative of 
     the Nation and its cultures thanks to the wide diversity of 
     themes and topics, quilts, and quiltmakers; and
       (9) the Museum of the American Quilter's Society has 
     national significance and support.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Museum of the American Quilter's Society, located at 215 
     Jefferson Street, Paducah, Kentucky, should be designated as 
     the ``National Quilt Museum of the United States''.

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

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

     SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY.

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

                     Subtitle E--Trails and Rivers

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

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

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

       (a) Conveyance Authorized.--The Secretary of the Interior 
     may convey, without consideration, to the Missouri River 
     Basin Lewis and Clark Interpretive Trail and Visitor Center 
     Foundation, Inc. (a 501(c)(3) not-for-profit organization 
     with operational headquarters at 100 Valmont Drive, Nebraska 
     City, Nebraska 68410), all right, title, and interest of the 
     United States in and to the federally owned land under 
     jurisdiction of the Secretary consisting of 2 parcels as 
     generally depicted on the map titled ``Lewis and Clark 
     National Historic Trail'', numbered 648/80,002, and dated 
     March 2006.
       (b) Survey; Conveyance Cost.--The exact acreage and legal 
     description of the land to be conveyed under subsection (a) 
     shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey and all other costs 
     incurred by the Secretary to convey the land shall be borne 
     by the Missouri River Basin Lewis and Clark Interpretive 
     Trail and Visitor Center Foundation, Inc.
       (c) Condition of Conveyance, Use of Conveyed Land.--The 
     conveyance authorized under subsection (a) shall be subject 
     to the condition that the Missouri River Basin Lewis and 
     Clark Interpretive Trail and Visitor Center Foundation, Inc. 
     use the conveyed land as an historic site and interpretive 
     center for the Lewis and Clark National Historic Trail.
       (d) Discontinuance of Use.--If Missouri River Basin Lewis 
     and Clark Interpretive Trail and Visitor Center Foundation, 
     Inc. determines to discontinue use of the land conveyed under 
     subsection (a) as an historic site and interpretive center 
     for the Lewis and Clark National Historic Trail, the Missouri 
     River Basin Lewis and Clark Interpretive Trail and Visitor 
     Center Foundation, Inc. shall convey lands back to the 
     Secretary without consideration.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) or the conveyance, 
     if any, under subsection (d) as the Secretary considers 
     appropriate to protect the interests of the United States. 
     Through a written agreement with the Foundation, the National 
     Park Service shall ensure that the operation of the land 
     conveyed under subsection (a) is in accordance with National 
     Park Service standards for preservation, maintenance, and 
     interpretation.
       (f) Authorization of Appropriations.--To assist with the 
     operation of the historic site and interpretive center, there 
     is authorized to be appropriated $150,000 per year for a 
     period not to exceed 10 years.

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

       (a) Definitions.--In this section:
       (1) Eastern legacy sites.--The term ``Eastern Legacy 
     sites'' means the sites associated with the preparation or 
     return phases of the Lewis and Clark expedition, commonly 
     known as the ``Eastern Legacy'', including sites in Virginia, 
     the District of Columbia, Maryland, Delaware, Pennsylvania, 
     West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri, 
     and Illinois. This includes the routes followed by Meriwether 
     Lewis and William Clark, whether independently or together.

[[Page 5761]]

       (2) Trail.--The term ``Trail'' means the Lewis and Clark 
     National Historic Trail designated by section 5(a)(6) of the 
     National Trails System Act (16 U.S.C. 1244(a)(6)).
       (b) Special Resource Study.--
       (1) In general.--The Secretary shall complete a special 
     resource study of the Eastern Legacy sites to determine--
       (A) the suitability and feasibility of adding these sites 
     to the Trail; and
       (B) the methods and means for the protection and 
     interpretation of these sites by the National Park Service, 
     other Federal, State, or local government entities or private 
     or non-profit organizations.
       (2) Study requirements.--
       (A) In general.--The Secretary shall conduct the study in 
     accordance with section 5(b) of the National Trails System 
     Act (16 U.S.C. 1244(b)).
       (B) Impact on tourism.--In conducting the study, the 
     Secretary shall analyze the potential impact that the 
     inclusion of the Eastern Legacy sites is likely to have on 
     tourist visitation to the western portion of the trail.
       (c) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out this section, the 
     Secretary shall submit to the Committee on Natural Resources 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate a report containing--
       (1) the results of the study; and
       (2) any recommendations of the Secretary.

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

       (a) Findings.--Congress finds the following:
       (1) The Eightmile River Wild and Scenic River Study Act of 
     2001 (Public Law 107-65; 115 Stat. 484) authorized the study 
     of the Eightmile River in the State of Connecticut from its 
     headwaters downstream to its confluence with the Connecticut 
     River for potential inclusion in the National Wild and Scenic 
     Rivers System.
       (2) The segments of the Eightmile River covered by the 
     study are in a free-flowing condition, and the outstanding 
     resource values of the river segments include the cultural 
     landscape, water quality, watershed hydrology, unique species 
     and natural communities, geology, and watershed ecosystem.
       (3) The Eightmile River Wild and Scenic Study Committee has 
     determined that--
       (A) the outstanding resource values of these river segments 
     depend on sustaining the integrity and quality of the 
     Eightmile River watershed;
       (B) these resource values are manifest within the entire 
     watershed; and
       (C) the watershed as a whole, including its protection, is 
     itself intrinsically important to this designation.
       (4) The Eightmile River Wild and Scenic Study Committee 
     took a watershed approach in studying and recommending 
     management options for the river segments and the Eightmile 
     River watershed as a whole.
       (5) During the study, the Eightmile River Wild and Scenic 
     Study Committee, with assistance from the National Park 
     Service, prepared a comprehensive management plan for the 
     Eightmile River watershed, dated December 8, 2005 (in this 
     section referred to as the ``Eightmile River Watershed 
     Management Plan''), which establishes objectives, standards, 
     and action programs that will ensure long-term protection of 
     the outstanding values of the river and compatible management 
     of the land and water resources of the Eightmile River and 
     its watershed, without Federal management of affected lands 
     not owned by the United States.
       (6) The Eightmile River Wild and Scenic Study Committee 
     voted in favor of inclusion of the Eightmile River in the 
     National Wild and Scenic Rivers System and included this 
     recommendation as an integral part of the Eightmile River 
     Watershed Management Plan.
       (7) The residents of the towns lying along the Eightmile 
     River and comprising most of its watershed (Salem, East 
     Haddam, and Lyme, Connecticut), as well as the Boards of 
     Selectmen and Land Use Commissions of these towns, voted to 
     endorse the Eightmile River Watershed Management Plan and to 
     seek designation of the river as a component of the National 
     Wild and Scenic Rivers System.
       (8) The State of Connecticut General Assembly enacted 
     Public Act 05-18 to endorse the Eightmile River Watershed 
     Management Plan and to seek designation of the river as a 
     component of the National Wild and Scenic Rivers System.
       (b) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended--
       (1) by redesignating paragraph (167) (relating to the 
     Musconetcong River, New Jersey) as paragraph (169);
       (2) by designating the undesignated paragraph relating to 
     the White Salmon River, Washington, as paragraph (167);
       (3) by designating the undesignated paragraph relating to 
     the Black Butte River, California, as paragraph (168); and
       (4) by adding at the end the following:
       ``(170) Eightmile River, Connecticut.--Segments of the main 
     stem and specified tributaries of the Eightmile River in the 
     State of Connecticut, totaling approximately 25.3 miles, to 
     be administered by the Secretary of the Interior as follows:
       ``(A) The entire 10.8-mile segment of the main stem, 
     starting at its confluence with Lake Hayward Brook to its 
     confluence with the Connecticut River at the mouth of Hamburg 
     Cove, as a scenic river.
       ``(B) The 8.0-mile segment of the East Branch of the 
     Eightmile River starting at Witch Meadow Road to its 
     confluence with the main stem of the Eightmile River, as a 
     scenic river.
       ``(C) The 3.9-mile segment of Harris Brook starting with 
     the confluence of an unnamed stream lying 0.74 miles due east 
     of the intersection of Hartford Road (State Route 85) and 
     Round Hill Road to its confluence with the East Branch of the 
     Eightmile River, as a scenic river.
       ``(D) The 1.9-mile segment of Beaver Brook starting at its 
     confluence with Cedar Pond Brook to its confluence with the 
     main stem of the Eightmile River, as a scenic river.
       ``(E) The 0.7-mile segment of Falls Brook from its 
     confluence with Tisdale Brook to its confluence with the main 
     stem of the Eightmile River at Hamburg Cove, as a scenic 
     river.''.
       (c) Management.--The segments of the main stem and certain 
     tributaries of the Eightmile River in the State of 
     Connecticut designated as components of the National Wild and 
     Scenic Rivers System by the amendment made by subsection (b) 
     (in this section referred to as the ``Eightmile River'') 
     shall be managed in accordance with the Eightmile River 
     Watershed Management Plan and such amendments to the plan as 
     the Secretary of the Interior determines are consistent with 
     this section. The Eightmile River Watershed Management Plan 
     is deemed to satisfy the requirements for a comprehensive 
     management plan required by section 3(d) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(d)).
       (d) Committee.--The Secretary of the Interior shall 
     coordinate the management responsibilities of the Secretary 
     with regard to the Eightmile River with the Eightmile River 
     Coordinating Committee, as specified in the Eightmile River 
     Watershed Management Plan.
       (e) Cooperative Agreements.--In order to provide for the 
     long-term protection, preservation, and enhancement of the 
     Eightmile River, the Secretary of the Interior may enter into 
     cooperative agreements pursuant to sections 10(e) and 
     11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(e), 1282(b)(1)) with the State of Connecticut, the towns 
     of Salem, Lyme, and East Haddam, Connecticut, and appropriate 
     local planning and environmental organizations. All 
     cooperative agreements authorized by this subsection shall be 
     consistent with the Eightmile River Watershed Management Plan 
     and may include provisions for financial or other assistance 
     from the United States.
       (f) Relation to National Park System.--Notwithstanding 
     section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(c)), the Eightmile River shall not be administered as 
     part of the National Park System or be subject to regulations 
     which govern the National Park System.
       (g) Land Management.--The zoning ordinances adopted by the 
     towns of Salem, East Haddam, and Lyme, Connecticut, in effect 
     as of December 8, 2005, including provisions for conservation 
     of floodplains, wetlands, and watercourses associated with 
     the segments, are deemed to satisfy the standards and 
     requirements of section 6(c) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of 
     that Act, such towns shall be deemed ``villages'' and the 
     provisions of that section, which prohibit Federal 
     acquisition of lands by condemnation, shall apply to the 
     segments designated by subsection (b). The authority of the 
     Secretary to acquire lands for the purposes of this section 
     shall be limited to acquisition by donation or acquisition 
     with the consent of the owner thereof, and shall be subject 
     to the additional criteria set forth in the Eightmile River 
     Watershed Management Plan.
       (h) Watershed Approach.--
       (1) In general.--In furtherance of the watershed approach 
     to resource preservation and enhancement articulated in the 
     Eightmile River Watershed Management Plan, the tributaries of 
     the Eightmile River watershed specified in paragraph (2) are 
     recognized as integral to the protection and enhancement of 
     the Eightmile River and its watershed.
       (2) Covered tributaries.--Paragraph (1) applies with 
     respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar 
     Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, 
     Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, 
     Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake 
     Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale 
     Brook, Witch Meadow Brook, and all other perennial streams 
     within the Eightmile River watershed.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section and the amendment made by subsection (b).

     Subtitle F--Denali National Park and Alaska Railroad Exchange

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

       (a) Definitions.--In this section:

[[Page 5762]]

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

Subtitle G--National Underground Railroad Network to Freedom Amendments

     SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES.

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

     ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

                Subtitle H--Grand Canyon Subcontractors

     SEC. 371. DEFINITIONS.

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

     SEC. 372. AUTHORIZATION.

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

                   TITLE IV--NATIONAL HERITAGE AREAS

   Subtitle A--Journey Through Hallowed Ground National Heritage Area

     SEC. 401. PURPOSES.

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

     SEC. 402. DEFINITIONS.

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

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

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

     SEC. 404. MANAGEMENT PLAN.

       (a) Requirements.--The management plan for the National 
     Heritage Area shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered

[[Page 5763]]

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

     SEC. 405. EVALUATION; REPORT.

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

     SEC. 406. LOCAL COORDINATING ENTITY.

       (a) Duties.--To further the purposes of the National 
     Heritage Area, the Journey Through Hallowed Ground 
     Partnership, as the local coordinating entity, shall--
       (1) prepare a management plan for the National Heritage 
     Area, and submit the management plan to the Secretary, in 
     accordance with this subtitle;
       (2) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this subtitle, specifying--
       (A) the specific performance goals and accomplishments of 
     the local coordinating entity;
       (B) the expenses and income of the local coordinating 
     entity;
       (C) the amounts and sources of matching funds;
       (D) the amounts leveraged with Federal funds and sources of 
     the leveraging; and
       (E) grants made to any other entities during the fiscal 
     year;
       (3) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this subtitle, all information pertaining to the expenditure 
     of the funds and any matching funds; and
       (4) encourage economic viability and sustainability that is 
     consistent with the purposes of the National Heritage Area.
       (b) Authorities.--For the purposes of preparing and 
     implementing the approved management plan for the National 
     Heritage Area, the local coordinating entity may use Federal 
     funds made available under this subtitle to--

[[Page 5764]]

       (1) make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the National Heritage 
     Area;
       (2) enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (3) hire and compensate staff, including individuals with 
     expertise in--
       (A) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;
       (B) economic and community development; and
       (C) heritage planning;
       (4) obtain funds or services from any source, including 
     other Federal programs;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that further the purposes of the National Heritage Area and 
     are consistent with the approved management plan.
       (c) Prohibition on Acquisition of Real Property.--The local 
     coordinating entity may not use Federal funds authorized 
     under this subtitle to acquire any interest in real property.

     SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

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

     SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

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

     SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

            Subtitle B--Niagara Falls National Heritage Area

     SEC. 421. PURPOSES.

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

     SEC. 422. DEFINITIONS.

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

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

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

     SEC. 424. MANAGEMENT PLAN.

       (a) Requirements.--The management plan for the National 
     Heritage Area shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered by the National Heritage Area and encouraging 
     long-term resource protection, enhancement, interpretation, 
     funding, management, and development of the National Heritage 
     Area;
       (2) include a description of actions and commitments that 
     Federal, State, Tribal, and local governments, private 
     organizations, and citizens will take to protect, enhance, 
     interpret, fund, manage, and develop the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the National Heritage Area;
       (3) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the National Heritage 
     Area;
       (4) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the National Heritage Area related to the national importance 
     and themes of the National Heritage Area that should be 
     protected, enhanced, interpreted, managed, funded, and 
     developed;
       (5) recommend policies and strategies for resource 
     management, including the development of intergovernmental 
     and interagency agreements to protect, enhance, interpret, 
     fund, manage, and develop the natural, historical, cultural, 
     educational, scenic, and recreational resources of the 
     National Heritage Area;

[[Page 5765]]

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

     SEC. 425. EVALUATION; REPORT.

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

     SEC. 426. LOCAL COORDINATING ENTITY.

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

[[Page 5766]]

     this subtitle to acquire any interest in real property.

     SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.

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

     SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

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

     SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

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

     SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

           Subtitle C--Abraham Lincoln National Heritage Area

     SEC. 441. PURPOSES.

       The purposes of this subtitle include--
       (1) to recognize the significant natural and cultural 
     legacies of the area, as demonstrated in the study entitled 
     ``Feasibility

[[Page 5767]]

     Study of the Proposed Abraham Lincoln National Heritage 
     Area'' prepared for the Looking for Lincoln Heritage 
     Coalition in 2002 and revised in 2007;
       (2) to promote heritage, cultural and recreational tourism 
     and to develop educational and cultural programs for visitors 
     and the general public;
       (3) to recognize and interpret important events and 
     geographic locations representing key periods in the growth 
     of America, including Native American, Colonial American, 
     European American, and African American heritage;
       (4) to recognize and interpret the distinctive role the 
     region played in shaping the man who would become the 16th 
     President of the United States, and how Abraham Lincoln's 
     life left its traces in the stories, folklore, buildings, 
     streetscapes, and landscapes of the region;
       (5) to provide a cooperative management framework to foster 
     a close working relationship with all levels of government, 
     the private sector, and the local communities in the region 
     in identifying, preserving, interpreting, and developing the 
     historical, cultural, scenic, and natural resources of the 
     region for the educational and inspirational benefit of 
     current and future generations; and
       (6) to provide appropriate linkages between units of the 
     National Park System and communities, governments, and 
     organizations within the Heritage Area.

     SEC. 442. DEFINITIONS.

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

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

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

     SEC. 444. MANAGEMENT PLAN.

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

[[Page 5768]]

     shall be reviewed by the Secretary and approved or 
     disapproved in the same manner as the original management 
     plan.
       (B) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized by this subtitle to 
     implement an amendment to the management plan until the 
     Secretary approves the amendment.
       (6) Authorities.--The Secretary may--
       (A) provide technical assistance under the authority of 
     this subtitle for the development and implementation of the 
     management plan; and
       (B) enter into cooperative agreements with interested 
     parties to carry out this subtitle.

     SEC. 445. EVALUATION; REPORT.

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

     SEC. 446. LOCAL COORDINATING ENTITY.

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

     SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

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

     SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

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

     SEC. 449. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

       Subtitle D--Authorization Extensions and Viability Studies

     SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.

       Division II of the Omnibus Parks and Public Lands 
     Management Act of 1996 (Public Law 104-333; 16 U.S.C. 461 
     note) is amended in each of sections 108(a), 209(a), 311(a), 
     409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by 
     section 474(9)), and 909(c), by striking ``$10,000,000'' and 
     inserting ``$15,000,000''.

     SEC. 462. EVALUATION AND REPORT.

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

[[Page 5769]]

       (c) Report.--Based on the evaluation conducted under 
     subsection (a)(1), the Secretary shall submit a report to the 
     Committee on Natural Resources of the United States House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate. The report shall include 
     recommendations for the future role of the National Park 
     Service, if any, with respect to the National Heritage Area.

            Subtitle E--Technical Corrections and Additions

     SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.

       Title I of Division II of the Omnibus Parks and Public 
     Lands Management Act of 1996 (Public Law 104-333 as amended 
     by Public Law 106-176 and Public Law 109-338) is amended--
       (1) by striking section 103(b) and inserting the following:
       ``(b) Boundaries.--The National Coal Heritage Area shall be 
     comprised of Lincoln County, West Virginia, and Paint Creek 
     and Cabin Creek within Kanawah County, West Virginia, and the 
     counties that are the subject of the study by the National 
     Park Service, dated 1993, entitled `A Coal Mining Heritage 
     Study: Southern West Virginia' conducted pursuant to title VI 
     of Public Law 100-699.'';
       (2) by striking section 105 and inserting the following:

     ``SEC. 105. ELIGIBLE RESOURCES.

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

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

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

     SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.

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

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

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

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

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

                          Subtitle F--Studies

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

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means--
       (A) the coastal areas of Clatsop and Pacific Counties (also 
     known as the North Beach Peninsula); and
       (B) areas relating to Native American history, local 
     history, Euro-American settlement culture, and related 
     economic activities of the Columbia River within a corridor 
     along the Columbia River eastward in Clatsop, Pacific, 
     Columbia, and Wahkiakum Counties.
       (b) Columbia-Pacific National Heritage Area Study.--
       (1) In general.--The Secretary, in consultation with the 
     managers of any Federal land within the study area, 
     appropriate State and local governmental agencies, tribal 
     governments, and any interested organizations, shall conduct 
     a study to determine the feasibility of designating the study 
     area as the Columbia-Pacific National Heritage Area.
       (2) Requirements.--The study shall include analysis, 
     documentation, and determinations on whether the study area--
       (A) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (C) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (D) provides outstanding recreational and educational 
     opportunities;
       (E) contains resources important to the identified theme or 
     themes of the study area that retain a degree of integrity 
     capable of supporting interpretation;
       (F) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles for all participants, 
     including the Federal Government, and have demonstrated 
     support for the concept of a national heritage area;
       (G) has a potential local coordinating entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity; and
       (H) has a conceptual boundary map that is supported by the 
     public.

[[Page 5770]]

       (3) Private property.--In conducting the study required by 
     this subsection, the Secretary shall analyze the potential 
     impact that designation of the area as a national heritage 
     area is likely to have on land within the proposed area or 
     bordering the proposed area that is privately owned at the 
     time that the study is conducted.
       (c) Report.--Not later than 3 fiscal years after the date 
     on which funds are made available to carry out the study, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that 
     describes the findings, conclusions, and recommendations of 
     the Secretary with respect to the study.

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

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means a 
     National Heritage Area in the State to honor Abraham Lincoln.
       (2) State.--The term ``State'' means the Commonwealth of 
     Kentucky.
       (3) Study area.--The term ``study area'' means the study 
     area described in subsection (b)(2).
       (b) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Kentucky Historical Society, other State historical 
     societies, the State Historic Preservation Officer, State 
     tourism offices, and other appropriate organizations and 
     agencies, shall conduct a study to assess the suitability and 
     feasibility of designating the study area as a National 
     Heritage Area in the State to honor Abraham Lincoln.
       (2) Description of study area.--The study area shall 
     include--
       (A) Boyle, Breckinridge, Fayette, Franklin, Hardin, 
     Jefferson, Jessamine, Larue, Madison, Mercer, and Washington 
     Counties in the State; and
       (B) the following sites in the State:
       (i) The Abraham Lincoln Birthplace National Historic Site.
       (ii) The Abraham Lincoln Boyhood Home Unit.
       (iii) Downtown Hodgenville, Kentucky, including the Lincoln 
     Museum and Adolph A. Weinman statue.
       (iv) Lincoln Homestead State Park and Mordecai Lincoln 
     House.
       (v) Camp Nelson Heritage Park.
       (vi) Farmington Historic Home.
       (vii) The Mary Todd Lincoln House.
       (viii) Ashland, which is the Henry Clay Estate.
       (ix) The Old State Capitol.
       (x) The Kentucky Military History Museum.
       (xi) The Thomas D. Clark Center for Kentucky History.
       (xii) The New State Capitol.
       (xiii) Whitehall.
       (xiv) Perryville Battlefield State Historic Site.
       (xv) The Joseph Holt House.
       (xvi) Elizabethtown, Kentucky, including the Lincoln 
     Heritage House.
       (xvii) Lincoln Marriage Temple at Fort Harrod.
       (3) Requirements.--The study shall include analysis, 
     documentation, and determinations on whether the study area--
       (A) has an assemblage of natural, historic, and cultural 
     resources that--
       (i) interpret--

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

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

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

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

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

     SEC. 501. ALASKA WATER RESOURCES STUDY.

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

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

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

     SEC. 503. AMERICAN RIVER PUMP STATION PROJECT TRANSFER.

       (a) Authority To Transfer.--The Secretary of the Interior 
     (hereafter in this section referred to as the ``Secretary'') 
     shall transfer ownership of the American River Pump Station 
     Project located at Auburn, California, which includes the 
     Pumping Plant, associated facilities, and easements necessary 
     for permanent operation of the facilities, to the Placer 
     County Water Agency, in accordance with the terms of Contract 
     No. 02-LC-20-7790 between the United States and Placer County 
     Water Agency and the terms and conditions established in this 
     section.
       (b) Federal Costs Nonreimbursable.--Federal costs 
     associated with construction of the American River Pump 
     Station Project located at Auburn, California, are 
     nonreimbursable.
       (c) Grant of Real Property Interest.--The Secretary is 
     authorized to grant title to Placer County Water Agency as 
     provided in subsection (a) in full satisfaction of the United 
     States' obligations under Land Purchase Contract 14-06-859-
     308 to provide a water supply to the Placer County Water 
     Agency.
       (d) Compliance With Environmental Laws.--
       (1) In general.--Before conveying land and facilities 
     pursuant to this section, the Secretary shall comply with all 
     applicable requirements under--

[[Page 5771]]

       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) any other law applicable to the land and facilities.
       (2) Effect.--Nothing in this section modifies or alters any 
     obligations under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (e) Release From Liability.--Effective on the date of 
     transfer to the Placer County Water Agency of any land or 
     facility under this section, the United States shall not be 
     liable for damages arising out of any act, omission, or 
     occurrence relating to the land and facilities, consistent 
     with Article 9 of Contract No. 02-LC-20-7790 between the 
     United States and Placer County Water Agency.

     SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT.

       (a) Findings.--Congress finds the following:
       (1) Arthur V. Watkins Dam is a feature of the Weber Basin 
     Project, which was authorized by law on August 29, 1949.
       (2) Increasing the height of Arthur V. Watkins Dam and 
     construction of pertinent facilities may provide additional 
     storage capacity for the development of additional water 
     supply for the Weber Basin Project for uses of municipal and 
     industrial water supply, flood control, fish and wildlife, 
     and recreation.
       (b) Authorization of Feasibility Study.--The Secretary of 
     the Interior, acting through the Bureau of Reclamation, is 
     authorized to conduct a feasibility study on raising the 
     height of Arthur V. Watkins Dam for the development of 
     additional storage to meet water supply needs within the 
     Weber Basin Project area and the Wasatch Front. The 
     feasibility study shall include such environmental evaluation 
     as required under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) and a cost allocation as 
     required under the Reclamation Project Act of 1939 (43 U.S.C. 
     485 et seq.).
       (c) Cost Shares.--
       (1) Federal share.--The Federal share of the costs of the 
     study authorized in subsection (b) shall not exceed 50 
     percent of the total cost of the study.
       (2) In-kind contributions.--The Secretary shall accept, as 
     appropriate, in-kind contributions of goods or services from 
     the Weber Basin Water Conservancy District. Such goods and 
     services accepted under this subsection shall be counted as 
     part of the non-Federal cost share for the study.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $1,000,000 for the 
     Federal cost share of the study authorized in subsection (b).
       (e) Sunset.--The authority of the Secretary to carry out 
     any provisions of this section shall terminate 10 years after 
     the date of enactment of this Act.

     SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE.

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

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

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

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

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

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

       (a) In General.--Notwithstanding section 213 of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any 
     landowner within the A & B Irrigation District in the State 
     (referred to in this section as the ``District'') may repay, 
     at any time, the construction costs of District project 
     facilities that are allocated to land of the landowner within 
     the District.
       (b) Applicability of Full-Cost Pricing Limitations.--On 
     discharge, in full, of the obligation for repayment of all 
     construction costs described in subsection (a) that are 
     allocated to all land the landowner owns in the District in 
     question, the parcels of land shall not be subject to the 
     ownership and full-cost pricing limitations under Federal 
     reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
     chapter 1093), and Acts supplemental to

[[Page 5772]]

     and amendatory of that Act (43 U.S.C. 371 et seq.), including 
     the Reclamation Reform Act of 1982 (13 U.S.C. 390aa et seq.).
       (c) Certification.--On request of a landowner that has 
     repaid, in full, the construction costs described in 
     subsection (a), the Secretary of the Interior shall provide 
     to the landowner a certificate described in section 213(b)(1) 
     of the Reclamation Reform Act of 1982 (43 U.S.C. 
     390mm(b)(1)).
       (d) Effect.--Nothing in this section--
       (1) modifies any contractual rights under, or amends or 
     reopens, the reclamation contract between the District and 
     the United States; or
       (2) modifies any rights, obligations, or relationships 
     between the District and landowners in the District under 
     Idaho State law.

     SEC. 509. OREGON WATER RESOURCES.

       (a) Extension of Participation of Bureau of Reclamation in 
     Deschutes River Conservancy.--Section 301 of the Oregon 
     Resource Conservation Act of 1996 (division B of Public Law 
     104-208; 110 Stat. 3009-534) is amended--
       (1) in subsection (a)(1), by striking ``Deschutes River 
     Basin Working Group'' and inserting ``Deschutes River 
     Conservancy Working Group'';
       (2) by amending the text of subsection (a)(1)(B) to read as 
     follows: ``4 representatives of private interests including 
     two from irrigated agriculture who actively farm more than 
     100 acres of irrigated land and are not irrigation district 
     managers and two from the environmental community;'';
       (3) in subsection (b)(3), by inserting before the final 
     period the following: ``, and up to a total amount of 
     $2,000,000 during each of fiscal years 2007 through 2016''; 
     and
       (4) in subsection (h), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2016''.
       (b) Wallowa Lake Dam Rehabilitation Act.--
       (1) Definitions.--In this subsection:
       (A) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the 
     nonprofit corporation established under the laws of the State 
     of Oregon that operates Wallowa Lake Dam.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (C) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document titled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     December 2002, and on file with the Bureau of Reclamation.
       (2) Authorization to participate in program.--
       (A) Grants and cooperative agreements.--The Secretary may 
     provide grants to, or enter into cooperative or other 
     agreements with, tribal, State, and local governmental 
     entities and the Associated Ditch Companies, Incorporated, to 
     plan, design, and construct facilities needed to implement 
     the Wallowa Lake Dam Rehabilitation Program.
       (B) Conditions.--As a condition of providing funds under 
     subparagraph (A), the Secretary shall ensure that--
       (i) the Wallowa Lake Dam Rehabilitation Program and 
     activities under this section meet the standards of the dam 
     safety program of the State of Oregon;
       (ii) the Associated Ditch Companies, Incorporated, agrees 
     to assume liability for any work performed, or supervised, 
     with Federal funds provided to it under this subsection; and
       (iii) the United States shall not be liable for damages of 
     any kind arising out of any act, omission, or occurrence 
     relating to a facility rehabilitated or constructed with 
     Federal funds provided under this subsection, both while and 
     after activities are conducted using Federal funds provided 
     under this subsection.
       (C) Cost sharing.--
       (i) In general.--The Federal share of the costs of 
     activities authorized under this subsection shall not exceed 
     50 percent.
       (ii) Exclusions from federal share.--There shall not be 
     credited against the Federal share of such costs--

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

       (D) Compliance with state law.--The Secretary, in carrying 
     out this subsection, shall comply with applicable Oregon 
     State water law.
       (E) Prohibition on holding title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this subsection.
       (F) Prohibition on operation and maintenance.--The Federal 
     Government shall not be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this subsection.
       (3) Relationship to other law.--Activities funded under 
     this subsection shall not be considered a supplemental or 
     additional benefit under Federal reclamation law (the Act of 
     June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
     supplemental to and amendatory of that Act (43 U.S.C. 371 et 
     seq.)).
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to pay the Federal share 
     of the costs of activities authorized under this subsection 
     $6,000,000.
       (5) Sunset.--The authority of the Secretary to carry out 
     any provisions of this subsection shall terminate 10 years 
     after the date of the enactment of this subsection.
       (c) Little Butte/Bear Creek Subbasins, Oregon, Water 
     Resource Study.--
       (1) Authorization.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may participate in the 
     Water for Irrigation, Streams and the Economy Project water 
     management feasibility study and environmental impact 
     statement in accordance with the ``Memorandum of Agreement 
     Between City of Medford and Bureau of Reclamation for the 
     Water for Irrigation, Streams, and the Economy Project'', 
     dated July 2, 2004.
       (2) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     the Bureau of Reclamation $500,000 to carry out activities 
     under this subsection.
       (B) Non-federal share.--
       (i) In general.--The non-Federal share shall be 50 percent 
     of the total costs of the Bureau of Reclamation in carrying 
     out paragraph (1).
       (ii) Form.--The non-Federal share required under clause (i) 
     may be in the form of any in-kind services that the Secretary 
     of the Interior determines would contribute substantially 
     toward the conduct and completion of the study and 
     environmental impact statement required under paragraph (1).
       (3) Sunset.--The authority of the Secretary to carry out 
     any provisions of this subsection shall terminate 10 years 
     after the date of the enactment of this section.
       (d) North Unit Irrigation District.--The Act of August 10, 
     1954 (68 Stat. 679, chapter 663), is amended--
       (1) in the first section--
       (A) by inserting ``(referred to in this Act as the 
     `District')'' after ``irrigation district''; and
       (B) by inserting ``(referred to in this Act as the 
     `Contract')'' after ``1953''; and
       (2) by adding at the end the following:

     ``SEC. 3. ADDITIONAL TERMS.

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

[[Page 5773]]

     above,' after `irrigation, stock and domestic uses', and by 
     inserting `, including natural flow rights out of the Crooked 
     River held by the District' after `irrigation system'.
       ``(7) In Article 29(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law' 
     after `provided in article 11'.
       ``(8) In Article 34 of the Contract, by deleting `The 
     District, after the election and upon the execution of this 
     contract, shall promptly secure final decree of the proper 
     State court approving and confirming this contract and 
     decreeing and adjudging it to be a lawful, valid, and binding 
     general obligation of the District. The District shall 
     furnish to the United States certified copies of such decrees 
     and of all pertinent supporting records.' after `for that 
     purpose.'.

     ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

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

     SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.

       (a) Authorization of Study.--Pursuant to reclamation laws, 
     the Secretary of the Interior, acting through the Bureau of 
     Reclamation and in consultation and cooperation with the 
     States of Nebraska, Kansas, and Colorado, may conduct a study 
     to--
       (1) determine the feasibility of implementing a water 
     supply and conservation project that will--
       (A) improve water supply reliability in the Republican 
     River Basin between Harlan County Lake in Nebraska and 
     Milford Lake in Kansas, including areas in the counties of 
     Harlan, Franklin, Webster, and Nuckolls in Nebraska and 
     Jewel, Republic, Cloud, Washington, and Clay in Kansas (in 
     this section referred to as the ``Republican River Basin'');
       (B) increase the capacity of water storage through 
     modifications of existing projects or through new projects 
     that serve areas in the Republican River Basin; and
       (C) improve water management efficiency in the Republican 
     River Basin through conservation and other available means 
     and, where appropriate, evaluate integrated water resource 
     management and supply needs in the Republican River Basin; 
     and
       (2) consider appropriate cost-sharing options for 
     implementation of the project.
       (b) Cost Sharing.--The Federal share of the cost of the 
     study shall not exceed 50 percent of the total cost of the 
     study, and shall be nonreimbursable.
       (c) Cooperative Agreements.--The Secretary shall undertake 
     the study through cooperative agreements with the State of 
     Kansas or Nebraska and other appropriate entities determined 
     by the Secretary.
       (d) Completion and Report.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 3 years after the date of the enactment of this 
     Act, the Secretary of the Interior shall complete the study 
     and transmit to the Congress a report containing the results 
     of the study.
       (2) Extension.--If the Secretary determines that the study 
     cannot be completed within the 3-year period beginning on the 
     date of the enactment of this Act, the Secretary--
       (A) shall, at the time of that determination, report to the 
     Congress on the status of the study, including an estimate of 
     the date of completion; and
       (B) complete the study and transmit to the Congress a 
     report containing the results of the study by not later than 
     that date.
       (e) Sunset of Authority.--The authority of the Secretary to 
     carry out any provisions of this section shall terminate 10 
     years after the date of the enactment of this Act.

     SEC. 511. EASTERN MUNICIPAL WATER DISTRICT.

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

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

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

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

     SEC. 512. BAY AREA REGIONAL WATER RECYCLING PROGRAM.

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

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

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

     ``SEC. 1643. PITTSBURG RECYCLED WATER PROJECT.

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

     ``SEC. 1644. ANTIOCH RECYCLED WATER PROJECT.

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

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

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

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

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

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

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

[[Page 5774]]

       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,000,000.

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

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

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

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

     SEC. 513. BUREAU OF RECLAMATION SITE SECURITY.

       (a) Treatment of Capital Costs.--Costs incurred by the 
     Secretary of the Interior for the physical fortification of 
     Bureau of Reclamation facilities to satisfy increased post-
     September 11, 2001, security needs, including the 
     construction, modification, upgrade, or replacement of such 
     facility fortifications, shall be nonreimbursable.
       (b) Treatment of Security-Related Operation and Maintenance 
     Costs.--
       (1) Reimbursable costs.--The Secretary of the Interior 
     shall include no more than $18,900,000 per fiscal year, 
     indexed each fiscal year after fiscal year 2008 according to 
     the preceding year's Consumer Price Index, of those costs 
     incurred for increased levels of guards and patrols, 
     training, patrols by local and tribal law enforcement 
     entities, operation, maintenance, and replacement of guard 
     and response force equipment, and operation and maintenance 
     of facility fortifications at Bureau of Reclamation 
     facilities after the events of September 11, 2001, as 
     reimbursable operation and maintenance costs under 
     Reclamation law.
       (2) Costs collected through water rates.--In the case of 
     the Central Valley Project of California, site security costs 
     allocated to irrigation and municipal and industrial water 
     service in accordance with this section shall be collected by 
     the Secretary exclusively through inclusion of these costs in 
     the operation and maintenance water rates.
       (c) Transparency and Report to Congress.--
       (1) Policies and procedures.--The Secretary is authorized 
     to develop policies and procedures with project 
     beneficiaries, consistent with the requirements of paragraphs 
     (2) and (3), to provide for the payment of the reimbursable 
     costs described in subsection (b).
       (2) Notice.--On identifying a Bureau of Reclamation 
     facility for a site security measure, the Secretary shall 
     provide to the project beneficiaries written notice--
       (A) describing the need for the site security measure and 
     the process for identifying and implementing the site 
     security measure; and
       (B) summarizing the administrative and legal requirements 
     relating to the site security measure.
       (3) Consultation.--The Secretary shall--
       (A) provide project beneficiaries an opportunity to consult 
     with the Bureau of Reclamation on the planning, design, and 
     construction of the site security measure; and
       (B) in consultation with project beneficiaries, develop and 
     provide timeframes for the consultation described in 
     subparagraph (A).
       (4) Response; notice.--Before incurring costs pursuant to 
     activities described in subsection (b), the Secretary shall 
     consider cost containment measures recommended by a project 
     beneficiary that has elected to consult with the Bureau of 
     Reclamation on such activities. The Secretary shall provide 
     to the project beneficiary--
       (A) a timely written response describing proposed actions, 
     if any, to address the recommendation; and
       (B) notice regarding the costs and status of such 
     activities on a periodic basis.
       (5) Report.--The Secretary shall report annually to the 
     Natural Resources Committee of the House of Representatives 
     and the Energy and Natural Resources Committee of the Senate 
     on site security actions and activities undertaken pursuant 
     to this Act for each fiscal year. The report shall include a 
     summary of Federal and non-Federal expenditures for the 
     fiscal year and information relating to a 5-year planning 
     horizon for the program, detailed to show pre-September 11, 
     2001, and post-September 11, 2001, costs for the site 
     security activities.
       (d) Pre-September 11, 2001 Security Cost Levels.--
     Reclamation project security costs at the levels of activity 
     that existed prior to September 11, 2001, shall remain 
     reimbursable.

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

       (a) Findings.--The Congress finds that--
       (1) development of energy resources, including oil, natural 
     gas, coalbed methane, and geothermal resources, frequently 
     results in bringing to the surface water extracted from 
     underground sources;
       (2) some of that produced water is used for irrigation or 
     other purposes, but most of the water is returned to the 
     subsurface or otherwise disposed of as waste;
       (3) reducing the quantity of produced water returned to the 
     subsurface and increasing the quantity of produced water that 
     is made available for irrigation and other uses--
       (A) would augment water supplies;
       (B) could reduce the costs to energy developers for 
     disposing of the water; and
       (C) in some cases, could increase the efficiency of energy 
     development activities; and
       (4) it is in the national interest--
       (A) to limit the quantity of produced water disposed of as 
     waste;
       (B) to optimize the production of energy resources; and
       (C) to remove or reduce obstacles to use of produced water 
     for irrigation or other purposes in ways that will not 
     adversely affect water quality or the environment.
       (b) Purposes.--The purposes of this section are--
       (1) to optimize the production of energy resources--
       (A) by minimizing the quantity of produced water; and
       (B) by facilitating the use of produced water for 
     irrigation and other purposes without adversely affecting 
     water quality or the environment; and
       (2) to demonstrate means of accomplishing those results.
       (c) Definitions.--In this section:
       (1) Lower basin state.--The term ``Lower Basin State'' 
     means any of the States of--
       (A) Arizona;
       (B) California; and
       (C) Nevada.
       (2) Produced water.--The term ``produced water'' means 
     water from an underground source that is brought to the 
     surface as part of the process of exploration for, or 
     development of--
       (A) oil;
       (B) natural gas;
       (C) coalbed methane; or
       (D) any other substance to be used as an energy source.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Upper basin state.--The term ``Upper Basin State'' 
     means any of the States of--
       (A) Colorado;
       (B) New Mexico;
       (C) Utah; and
       (D) Wyoming.
       (d) Identification of Problems and Solutions.--
       (1) Study.--The Secretary shall conduct a study to 
     identify--
       (A) the technical, economic, environmental, and other 
     obstacles to reducing the quantity of produced water;
       (B) the technical, economic, environmental, legal, and 
     other obstacles to increasing the extent to which produced 
     water can be used for irrigation and other purposes without 
     adversely affecting water quality, public health, or the 
     environment;
       (C) the legislative, administrative, and other actions that 
     could reduce or eliminate the obstacles identified in 
     subparagraphs (A) and (B); and
       (D) the costs and benefits associated with reducing or 
     eliminating the obstacles identified in subparagraphs (A) and 
     (B).
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report describing the results of 
     the study under paragraph (1).
       (e) Implementation.--
       (1) Grants.--Subject to the availability of appropriations, 
     the Secretary shall provide financial assistance for the 
     development of facilities, technologies, and processes to 
     demonstrate the feasibility, effectiveness, and safety of--
       (A) optimizing energy resource production by reducing the 
     quantity of produced water generated; or
       (B) increasing the extent to which produced water may be 
     recovered and made

[[Page 5775]]

     suitable for use for irrigation, municipal, or industrial 
     uses, or other purposes without adversely affecting water 
     quality or the environment.
       (2) Limitations.--Assistance under this subsection--
       (A) shall be provided for--
       (i) at least 1 project in each of the Upper Basin States; 
     and
       (ii) at least 1 project in at least 1 of the Lower Basin 
     States;
       (B) shall not exceed $1,000,000 for any project;
       (C) shall be used to pay not more than 50 percent of the 
     total cost of a project;
       (D) shall not be used for the operation or maintenance of 
     any facility; and
       (E) may be in addition to assistance provided by the 
     Federal Government pursuant to other provisions of law.
       (f) Consultation, Advice, and Comments.--In carrying out 
     this section, including in preparing the report under 
     subsection (d)(2) and establishing criteria to be used in 
     connection with an award of financial assistance under 
     subsection (e), the Secretary shall--
       (1) consult with the Secretary of Energy, the Administrator 
     of the Environmental Protection Agency, and appropriate 
     Governors and local officials;
       (2)(A) review any relevant information developed in 
     connection with research carried out by others, including 
     research carried out pursuant to subtitle J of title IX of 
     the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
       (B) to the extent the Secretary determines to be advisable, 
     include that information in the report under subsection 
     (d)(2);
       (3) seek the advice of--
       (A) individuals with relevant professional or academic 
     expertise; and
       (B) individuals or representatives of entities with 
     industrial experience, particularly experience relating to 
     production of oil, natural gas, coalbed methane, or other 
     energy resources (including geothermal resources); and
       (4) solicit comments and suggestions from the public.
       (g) Relation to Other Laws.--Nothing in this section 
     supersedes, modifies, abrogates, or limits--
       (1) the effect of any State law or any interstate authority 
     or compact relating to--
       (A) any use of water; or
       (B) the regulation of water quantity or quality; or
       (2) the applicability or effect of any Federal law 
     (including regulations).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $1,000,000 to carry out subsection (d); and
       (2) $7,500,000 to carry out subsection (e).

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

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

[[Page 5776]]

       (2) Authorized uses of pathfinder reservoir.--Provided that 
     all of the conditions described in paragraph (3) are first 
     met, the approximately 54,000 acre-feet capacity of 
     Pathfinder Reservoir, which has been lost to sediment but 
     will be recaptured by the Project, may be used for municipal, 
     environmental, and other purposes, as described in Appendix F 
     to the Final Settlement Stipulation in Nebraska v. Wyoming, 
     534 U.S. 40 (2001).
       (3) Conditions precedent.--The actions and water uses 
     authorized in paragraphs (1)(A)(i) and (2) shall not occur 
     until each of the following actions have been completed:
       (A) Final approval from the Wyoming legislature for the 
     export of Project water to the State of Nebraska under the 
     laws (including regulations) of the State of Wyoming.
       (B) Final approval in a change of water use proceeding 
     under the laws (including regulations) of the State of 
     Wyoming for all new uses planned for Project water. Final 
     approval, as used in this subparagraph, includes exhaustion 
     of any available review under State law of any administrative 
     action authorizing the change of the Pathfinder Reservoir 
     water right.

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

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

             TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

     SEC. 601. ENERGY TECHNOLOGY TRANSFER.

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

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

       ``(a) Grants.--Not later than 18 months after the date of 
     enactment of the National Forests, Parks, Public Land, and 
     Reclamation Projects Authorization Act of 2008, the Secretary 
     shall make grants to nonprofit institutions, State and local 
     governments, cooperative extension services, or institutions 
     of higher education (or consortia thereof), to establish a 
     geographically dispersed network of Advanced Energy 
     Technology Transfer Centers, to be located in areas the 
     Secretary determines have the greatest need of the services 
     of such Centers. In making awards under this section, the 
     Secretary shall--
       ``(1) give priority to applicants already operating or 
     partnered with an outreach program capable of transferring 
     knowledge and information about advanced energy efficiency 
     methods and technologies;
       ``(2) ensure that, to the extent practicable, the program 
     enables the transfer of knowledge and information--
       ``(A) about a variety of technologies; and
       ``(B) in a variety of geographic areas;
       ``(3) give preference to applicants that would 
     significantly expand on or fill a gap in existing programs in 
     a geographical region; and
       ``(4) consider the special needs and opportunities for 
     increased energy efficiency for manufactured and site-built 
     housing, including construction, renovation, and retrofit.
       ``(b) Activities.--Each Center shall operate a program to 
     encourage demonstration and commercial application of 
     advanced energy methods and technologies through education 
     and outreach to building and industrial professionals, and to 
     other individuals and organizations with an interest in 
     efficient energy use. Funds awarded under this section may be 
     used for the following activities:
       ``(1) Developing and distributing informational materials 
     on technologies that could use energy more efficiently.
       ``(2) Carrying out demonstrations of advanced energy 
     methods and technologies.
       ``(3) Developing and conducting seminars, workshops, long-
     distance learning sessions, and other activities to aid in 
     the dissemination of knowledge and information on 
     technologies that could use energy more efficiently.
       ``(4) Providing or coordinating onsite energy evaluations, 
     including instruction on the commissioning of building 
     heating and cooling systems, for a wide range of energy end-
     users.
       ``(5) Examining the energy efficiency needs of energy end-
     users to develop recommended research projects for the 
     Department.
       ``(6) Hiring experts in energy efficient technologies to 
     carry out activities described in paragraphs (1) through (5).
       ``(c) Application.--A person seeking a grant under this 
     section shall submit to the Secretary an application in such 
     form and containing such information as the Secretary may 
     require. The Secretary may award a grant under this section 
     to an entity already in existence if the entity is otherwise 
     eligible under this section. The application shall include, 
     at a minimum--
       ``(1) a description of the applicant's outreach program, 
     and the geographic region it would serve, and of why the 
     program would be capable of transferring knowledge and 
     information about advanced energy technologies that increase 
     efficiency of energy use;
       ``(2) a description of the activities the applicant would 
     carry out, of the technologies that would be transferred, and 
     of any other organizations that will help facilitate a 
     regional approach to carrying out those activities;
       ``(3) a description of how the proposed activities would be 
     appropriate to the specific energy needs of the geographic 
     region to be served;
       ``(4) an estimate of the number and types of energy end-
     users expected to be reached through such activities; and
       ``(5) a description of how the applicant will assess the 
     success of the program.
       ``(d) Selection Criteria.--The Secretary shall award grants 
     under this section on the basis of the following criteria, at 
     a minimum:
       ``(1) The ability of the applicant to carry out the 
     proposed activities.
       ``(2) The extent to which the applicant will coordinate the 
     activities of the Center with other entities as appropriate, 
     such as State and local governments, utilities, institutions 
     of higher education, and National Laboratories.
       ``(3) The appropriateness of the applicant's outreach 
     program for carrying out the program described in this 
     section.
       ``(4) The likelihood that proposed activities could be 
     expanded or used as a model for other areas.
       ``(e) Cost-Sharing.--In carrying out this section, the 
     Secretary shall require cost-sharing in accordance with the 
     requirements of section 988 for commercial application 
     activities.
       ``(f) Duration.--
       ``(1) Initial grant period.--A grant awarded under this 
     section shall be for a period of 5 years.
       ``(2) Initial evaluation.--Each grantee under this section 
     shall be evaluated during its third year of operation under 
     procedures established by the Secretary to determine if the 
     grantee is accomplishing the purposes of this section 
     described in subsection (a). The Secretary shall terminate 
     any grant that does not receive a positive evaluation. If an 
     evaluation is positive, the Secretary may extend the grant 
     for 3 additional years beyond the original term of the grant.
       ``(3) Additional extension.--If a grantee receives an 
     extension under paragraph (2), the grantee shall be evaluated 
     again during the second year of the extension. The Secretary 
     shall terminate any grant that does not receive a positive 
     evaluation. If an evaluation is positive, the Secretary may 
     extend the grant for a final additional period of 3 
     additional years beyond the original extension.
       ``(4) Limitation.--No grantee may receive more than 11 
     years of support under this section without reapplying for 
     support and competing against all other applicants seeking a 
     grant at that time.
       ``(g) Prohibition.--None of the funds awarded under this 
     section may be used for the construction of facilities.
       ``(h) Definitions.--For purposes of this section:
       ``(1) Advanced energy methods and technologies.--The term 
     `advanced energy methods and technologies' means all methods 
     and technologies that promote energy efficiency and 
     conservation, including distributed generation technologies, 
     and life-cycle analysis of energy use.
       ``(2) Center.--The term `Center' means an Advanced Energy 
     Technology Transfer Center established pursuant to this 
     section.
       ``(3) Distributed generation.--The term `distributed 
     generation' means an electric power generation technology, 
     including photovoltaic, small wind, and micro-combined heat 
     and power, that serves electric consumers at or near the site 
     of production.
       ``(4) Cooperative extension.--The term `Cooperative 
     Extension' means the extension services established at the 
     land-grant colleges and universities under the Smith-Lever 
     Act of May 8, 1914.
       ``(5) Land-grant colleges and universities.--The term 
     `land-grant colleges and universities' means--
       ``(A) 1862 Institutions (as defined in section 2 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7601));
       ``(B) 1890 Institutions (as defined in section 2 of that 
     Act); and

[[Page 5777]]

       ``(C) 1994 Institutions (as defined in section 2 of that 
     Act).
       ``(i) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated in section 
     911, there are authorized to be appropriated for the program 
     under this section such sums as may be appropriated.''.

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

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

     ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE VII--NORTHERN MARIANA ISLANDS

              Subtitle A--Immigration, Security, and Labor

     SEC. 701. STATEMENT OF CONGRESSIONAL INTENT.

       (a) Immigration and Growth.--In recognition of the need to 
     ensure uniform adherence to long-standing fundamental 
     immigration policies of the United States, it is the 
     intention of the Congress in enacting this subtitle--
       (1) to ensure that effective border control procedures are 
     implemented and observed, and that national security and 
     homeland security issues are properly addressed, by extending 
     the immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to 
     apply to the Commonwealth of the Northern Mariana Islands 
     (referred to in this subtitle as the ``Commonwealth''), with 
     special provisions to allow for--
       (A) the orderly phasing-out of the nonresident contract 
     worker program of the Commonwealth; and
       (B) the orderly phasing-in of Federal responsibilities over 
     immigration in the Commonwealth; and
       (2) to minimize, to the greatest extent practicable, 
     potential adverse economic and fiscal effects of phasing-out 
     the Commonwealth's nonresident contract worker program and to 
     maximize the Commonwealth's potential for future economic and 
     business growth by--
       (A) encouraging diversification and growth of the economy 
     of the Commonwealth in accordance with fundamental values 
     underlying Federal immigration policy;
       (B) recognizing local self-government, as provided for in 
     the Covenant To Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union With the United States of 
     America through consultation with the Governor of the 
     Commonwealth;
       (C) assisting the Commonwealth in achieving a progressively 
     higher standard of living for citizens of the Commonwealth 
     through the provision of technical and other assistance;
       (D) providing opportunities for individuals authorized to 
     work in the United States, including citizens of the freely 
     associated states; and
       (E) providing a mechanism for the continued use of alien 
     workers, to the extent those workers continue to be necessary 
     to supplement the Commonwealth's resident workforce, and to 
     protect those workers from the potential for abuse and 
     exploitation.
       (b) Avoiding Adverse Effects.--In recognition of the 
     Commonwealth's unique economic circumstances, history, and 
     geographical location, it is the intent of the Congress that 
     the Commonwealth be given as much flexibility as possible in 
     maintaining existing businesses and other revenue sources, 
     and developing new economic opportunities, consistent with 
     the mandates of this subtitle. This subtitle, and the 
     amendments made by this subtitle, should be implemented 
     wherever possible to expand tourism and economic development 
     in the Commonwealth, including aiding prospective tourists in 
     gaining access to the Commonwealth's memorials, beaches, 
     parks, dive sites, and other points of interest.

     SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH.

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

     ``SEC. 6. IMMIGRATION AND TRANSITION.

       ``(a) Application of the Immigration and Nationality Act 
     and Establishment of a Transition Program.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     effective on the first day of the first full month commencing 
     1 year after the date of enactment of the Consolidated 
     Natural Resources Act of 2008 (hereafter referred to as the 
     `transition program effective date'), the provisions of the 
     `immigration laws' (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall 
     apply to the Commonwealth of the Northern Mariana Islands 
     (referred to in this section as the `Commonwealth'), except 
     as otherwise provided in this section.
       ``(2) Transition period.--There shall be a transition 
     period beginning on the transition program effective date and 
     ending on December 31, 2014, except as provided in 
     subsections (b) and (d), during which the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     State, the Attorney General, the Secretary of Labor, and the 
     Secretary of the Interior, shall establish, administer, and 
     enforce a transition program to regulate immigration to the 
     Commonwealth, as provided in this section (hereafter referred 
     to as the `transition program').
       ``(3) Delay of commencement of transition period.--
       ``(A) In general.--The Secretary of Homeland Security, in 
     the Secretary's sole discretion, in consultation with the 
     Secretary of the Interior, the Secretary of Labor, the 
     Secretary of State, the Attorney General, and the Governor of 
     the Commonwealth, may determine that the transition program 
     effective date be delayed for a period not to exceed more 
     than 180 days after such date.
       ``(B) Congressional notification.--The Secretary of 
     Homeland Security shall notify the Congress of a 
     determination under subparagraph (A) not later than 30 days 
     prior to the transition program effective date.
       ``(C) Congressional review.--A delay of the transition 
     program effective date shall not take effect until 30 days 
     after the date on which the notification under subparagraph 
     (B) is made.
       ``(4) Requirement for regulations.--The transition program 
     shall be implemented pursuant to regulations to be 
     promulgated, as appropriate, by the head of each agency or 
     department of the United States having responsibilities under 
     the transition program.
       ``(5) Interagency agreements.--The Secretary of Homeland 
     Security, the Secretary of State, the Secretary of Labor, and 
     the Secretary of the Interior shall negotiate and implement 
     agreements among their agencies to identify and assign their 
     respective duties so as to ensure timely and proper 
     implementation of the provisions of this section. The 
     agreements should address, at a minimum, procedures to ensure 
     that Commonwealth employers have access to adequate labor, 
     and that tourists, students, retirees, and other visitors 
     have access to the Commonwealth without unnecessary delay or 
     impediment. The agreements may also allocate funding between 
     the respective agencies tasked with various responsibilities 
     under this section.
       ``(6) Certain education funding.--In addition to fees 
     charged pursuant to section 286(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(m)) to recover the full costs 
     of providing adjudication services, the Secretary of Homeland 
     Security shall charge an annual supplemental fee of $150 per 
     nonimmigrant worker to each prospective employer who is 
     issued a permit under subsection (d) of this section during 
     the transition period. Such supplemental fee shall be paid 
     into the Treasury of the Commonwealth government for the 
     purpose of funding ongoing vocational educational curricula 
     and program development by Commonwealth educational entities.
       ``(7) Asylum.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) shall not apply during the 
     transition period to persons physically present in the 
     Commonwealth or arriving in the Commonwealth (whether or not 
     at a designated port of arrival), including persons brought 
     to the Commonwealth after having been interdicted in 
     international or United States waters.
       ``(b) Numerical Limitations for Nonimmigrant Workers.--An 
     alien, if otherwise qualified, may seek admission to Guam or 
     to the Commonwealth during the transition program as a 
     nonimmigrant worker under section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     without counting against the numerical limitations set forth 
     in section 214(g) of such Act (8 U.S.C. 1184(g)). This 
     subsection does not apply to any employment to be performed 
     outside of Guam or the Commonwealth. Not later than 3 years 
     following the transition program effective date, the 
     Secretary of Homeland Security shall issue a report to the 
     Committee on Energy and Natural Resources and the Committee 
     on the Judiciary of the Senate and the Committee on Natural 
     Resources and the Committee on the Judiciary of the House of 
     Representatives projecting the number of asylum claims the

[[Page 5778]]

     Secretary anticipates following the termination of the 
     transition period, the efforts the Secretary has made to 
     ensure appropriate interdiction efforts, provide for 
     appropriate treatment of asylum seekers, and prepare to 
     accept and adjudicate asylum claims in the Commonwealth.
       ``(c) Nonimmigrant Investor Visas.--
       ``(1) In general.--Notwithstanding the treaty requirements 
     in section 101(a)(15)(E) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(E)), during the transition period, 
     the Secretary of Homeland Security may, upon the application 
     of an alien, classify an alien as a CNMI-only nonimmigrant 
     under section 101(a)(15)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
       ``(A) has been admitted to the Commonwealth in long-term 
     investor status under the immigration laws of the 
     Commonwealth before the transition program effective date;
       ``(B) has continuously maintained residence in the 
     Commonwealth under long-term investor status;
       ``(C) is otherwise admissible; and
       ``(D) maintains the investment or investments that formed 
     the basis for such long-term investor status.
       ``(2) Requirement for regulations.--Not later than 60 days 
     before the transition program effective date, the Secretary 
     of Homeland Security shall publish regulations in the Federal 
     Register to implement this subsection.
       ``(d) Special Provision To Ensure Adequate Employment; 
     Commonwealth Only Transitional Workers.--An alien who is 
     seeking to enter the Commonwealth as a nonimmigrant worker 
     may be admitted to perform work during the transition period 
     subject to the following requirements:
       ``(1) Such an alien shall be treated as a nonimmigrant 
     described in section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)), including the ability 
     to apply, if otherwise eligible, for a change of nonimmigrant 
     classification under section 248 of such Act (8 U.S.C. 1258) 
     or adjustment of status under this section and section 245 of 
     such Act (8 U.S.C. 1255).
       ``(2) The Secretary of Homeland Security shall establish, 
     administer, and enforce a system for allocating and 
     determining the number, terms, and conditions of permits to 
     be issued to prospective employers for each such nonimmigrant 
     worker described in this subsection who would not otherwise 
     be eligible for admission under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.). In adopting and 
     enforcing this system, the Secretary shall also consider, in 
     good faith and not later than 30 days after receipt by the 
     Secretary, any comments and advice submitted by the Governor 
     of the Commonwealth. This system shall provide for a 
     reduction in the allocation of permits for such workers on an 
     annual basisto zero, during a period not to extend beyond 
     December 31, 2014, unless extended pursuant to paragraph 5 of 
     this subsection. In no event shall a permit be valid beyond 
     the expiration of the transition period. This system may be 
     based on any reasonable method and criteria determined by the 
     Secretary of Homeland Security to promote the maximum use of, 
     and to prevent adverse effects on wages and working 
     conditions of, workers authorized to be employed in the 
     United States, including lawfully admissible freely 
     associated state citizen labor. No alien shall be granted 
     nonimmigrant classification or a visa under this subsection 
     unless the permit requirements established under this 
     paragraph have been met.
       ``(3) The Secretary of Homeland Security shall set the 
     conditions for admission of such an alien under the 
     transition program, and the Secretary of State shall 
     authorize the issuance of nonimmigrant visas for such an 
     alien. Such a visa shall not be valid for admission to the 
     United States, as defined in section 101(a)(38) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(38)), 
     except admission to the Commonwealth. An alien admitted to 
     the Commonwealth on the basis of such a visa shall be 
     permitted to engage in employment only as authorized pursuant 
     to the transition program.
       ``(4) Such an alien shall be permitted to transfer between 
     employers in the Commonwealth during the period of such 
     alien's authorized stay therein, without permission of the 
     employee's current or prior employer, within the alien's 
     occupational category or another occupational category the 
     Secretary of Homeland Security has found requires alien 
     workers to supplement the resident workforce.
       ``(5)(A) Not later than 180 days prior to the expiration of 
     the transition period, or any extension thereof, the 
     Secretary of Labor, in consultation with the Secretary of 
     Homeland Security, the Secretary of Defense, the Secretary of 
     the Interior, and the Governor of the Commonwealth, shall 
     ascertain the current and anticipated labor needs of the 
     Commonwealth and determine whether an extension of up to 5 
     years of the provisions of this subsection is necessary to 
     ensure an adequate number of workers will be available for 
     legitimate businesses in the Commonwealth. For the purpose of 
     this subparagraph, a business shall not be considered 
     legitimate if it engages directly or indirectly in 
     prostitution, trafficking in minors, or any other activity 
     that is illegal under Federal or local law. The 
     determinations of whether a business is legitimate and to 
     what extent, if any, it may require alien workers to 
     supplement the resident workforce, shall be made by the 
     Secretary of Homeland Security, in the Secretary's sole 
     discretion.
       ``(B) If the Secretary of Labor determines that such an 
     extension is necessary to ensure an adequate number of 
     workers for legitimate businesses in the Commonwealth, the 
     Secretary of Labor may, through notice published in the 
     Federal Register, provide for an additional extension period 
     of up to 5 years.
       ``(C) In making the determination of whether alien workers 
     are necessary to ensure an adequate number of workers for 
     legitimate businesses in the Commonwealth, and if so, the 
     number of such workers that are necessary, the Secretary of 
     Labor may consider, among other relevant factors--
       ``(i) government, industry, or independent workforce 
     studies reporting on the need, or lack thereof, for alien 
     workers in the Commonwealth's businesses;
       ``(ii) the unemployment rate of United States citizen 
     workers residing in the Commonwealth;
       ``(iii) the unemployment rate of aliens in the Commonwealth 
     who have been lawfully admitted for permanent residence;
       ``(iv) the number of unemployed alien workers in the 
     Commonwealth;
       ``(v) any good faith efforts to locate, educate, train, or 
     otherwise prepare United States citizen residents, lawful 
     permanent residents, and unemployed alien workers already 
     within the Commonwealth, to assume those jobs;
       ``(vi) any available evidence tending to show that United 
     States citizen residents, lawful permanent residents, and 
     unemployed alien workers already in the Commonwealth are not 
     willing to accept jobs of the type offered;
       ``(vii) the extent to which admittance of alien workers 
     will affect the compensation, benefits, and living standards 
     of existing workers within those industries and other 
     industries authorized to employ alien workers; and
       ``(viii) the prior use, if any, of alien workers to fill 
     those industry jobs, and whether the industry requires alien 
     workers to fill those jobs.
       ``(6) The Secretary of Homeland Security may authorize the 
     admission of a spouse or minor child accompanying or 
     following to join a worker admitted pursuant to this 
     subsection.
       ``(e) Persons Lawfully Admitted Under the Commonwealth 
     Immigration Law.--
       ``(1) Prohibition on removal.--
       ``(A) In general.--Subject to subparagraph (B), no alien 
     who is lawfully present in the Commonwealth pursuant to the 
     immigration laws of the Commonwealth on the transition 
     program effective date shall be removed from the United 
     States on the grounds that such alien's presence in the 
     Commonwealth is in violation of section 212(a)(6)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), 
     until the earlier of the date--
       ``(i) of the completion of the period of the alien's 
     admission under the immigration laws of the Commonwealth; or
       ``(ii) that is 2 years after the transition program 
     effective date.
       ``(B) Limitations.--Nothing in this subsection shall be 
     construed to prevent or limit the removal under subparagraph 
     212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(6)(A)) of such an alien at any time, if the alien 
     entered the Commonwealth after the date of enactment of the 
     Consolidated Natural Resources Act of 2008, and the Secretary 
     of Homeland Security has determined that the Government of 
     the Commonwealth has violated section 702(i) of the 
     Consolidated Natural Resources Act of 2008.
       ``(2) Employment authorization.--An alien who is lawfully 
     present and authorized to be employed in the Commonwealth 
     pursuant to the immigration laws of the Commonwealth on the 
     transition program effective date shall be considered 
     authorized by the Secretary of Homeland Security to be 
     employed in the Commonwealth until the earlier of the date--
       ``(A) of expiration of the alien's employment authorization 
     under the immigration laws of the Commonwealth; or
       ``(B) that is 2 years after the transition program 
     effective date.
       ``(3) Registration.--The Secretary of Homeland Security may 
     require any alien present in the Commonwealth on or after the 
     transition period effective date to register with the 
     Secretary in such a manner, and according to such schedule, 
     as he may in his discretion require. Paragraphs (1) and (2) 
     of this subsection shall not apply to any alien who fails to 
     comply with such registration requirement. Notwithstanding 
     any other law, the Government of the Commonwealth shall 
     provide to the Secretary all Commonwealth immigration records 
     or other information that the Secretary deems necessary to 
     assist the implementation of this paragraph or other 
     provisions of the Consolidated Natural Resources Act of 2008. 
     Nothing in this paragraph shall modify or limit section 262 
     of the Immigration and Nationality Act (8 U.S.C. 1302) or 
     other provision of the Immigration and Nationality Act 
     relating to the registration of aliens.
       ``(4) Removable aliens.--Except as specifically provided in 
     paragraph (1)(A) of this

[[Page 5779]]

     subsection, nothing in this subsection shall prohibit or 
     limit the removal of any alien who is removable under the 
     Immigration and Nationality Act.
       ``(5) Prior orders of removal.--The Secretary of Homeland 
     Security may execute any administratively final order of 
     exclusion, deportation or removal issued under authority of 
     the immigration laws of the United States before, on, or 
     after the transition period effective date, or under 
     authority of the immigration laws of the Commonwealth before 
     the transition period effective date, upon any subject of 
     such order found in the Commonwealth on or after the 
     transition period effective date, regardless whether the 
     alien has previously been removed from the United States or 
     the Commonwealth pursuant to such order.
       ``(f) Effect on Other Laws.--The provisions of this section 
     and of the immigration laws, as defined in section 101(a)(17) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)), shall, on the transition program effective 
     date, supersede and replace all laws, provisions, or programs 
     of the Commonwealth relating to the admission of aliens and 
     the removal of aliens from the Commonwealth.
       ``(g) Accrual of Time for Purposes of Section 212(a)(9)(B) 
     of the Immigration and Nationality Act.--No time that an 
     alien is present in the Commonwealth in violation of the 
     immigration laws of the Commonwealth shall be counted for 
     purposes of inadmissibility under section 212(a)(9)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
       ``(h) Report on Nonresident Guestworker Population.--The 
     Secretary of the Interior, in consultation with the Secretary 
     of Homeland Security, and the Governor of the Commonwealth, 
     shall report to the Congress not later than 2 years after the 
     date of enactment of the Consolidated Natural Resources Act 
     of 2008. The report shall include--
       ``(1) the number of aliens residing in the Commonwealth;
       ``(2) a description of the legal status (under Federal law) 
     of such aliens;
       ``(3) the number of years each alien has been residing in 
     the Commonwealth;
       ``(4) the current and future requirements of the 
     Commonwealth economy for an alien workforce; and
       ``(5) such recommendations to the Congress, as the 
     Secretary may deem appropriate, related to whether or not the 
     Congress should consider permitting lawfully admitted guest 
     workers lawfully residing in the Commonwealth on such 
     enactment date to apply for long-term status under the 
     immigration and nationality laws of the United States.''.
       (b) Waiver of Requirements for Nonimmigrant Visitors.--The 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended--
       (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
       (A) by striking ``Guam'' each place such term appears and 
     inserting ``Guam or the Commonwealth of the Northern Mariana 
     Islands''; and
       (B) by striking ``fifteen'' and inserting ``45'';
       (2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by 
     amending clause (iii) to read as follows:
       ``(iii) Guam and northern mariana islands visa waiver.--For 
     provision authorizing waiver of clause (i) in the case of 
     visitors to Guam or the Commonwealth of the Northern Mariana 
     Islands, see subsection (l).''; and
       (3) by amending section 212(l) (8 U.S.C. 1182(l)) to read 
     as follows:
       ``(l) Guam and Northern Mariana Islands Visa Waiver 
     Program.--
       ``(1) In general.--The requirement of subsection 
     (a)(7)(B)(i) may be waived by the Secretary of Homeland 
     Security, in the case of an alien applying for admission as a 
     nonimmigrant visitor for business or pleasure and solely for 
     entry into and stay in Guam or the Commonwealth of the 
     Northern Mariana Islands for a period not to exceed 45 days, 
     if the Secretary of Homeland Security, after consultation 
     with the Secretary of the Interior, the Secretary of State, 
     the Governor of Guam and the Governor of the Commonwealth of 
     the Northern Mariana Islands, determines that--
       ``(A) an adequate arrival and departure control system has 
     been developed in Guam and the Commonwealth of the Northern 
     Mariana Islands; and
       ``(B) such a waiver does not represent a threat to the 
     welfare, safety, or security of the United States or its 
     territories and commonwealths.
       ``(2) Alien waiver of rights.--An alien may not be provided 
     a waiver under this subsection unless the alien has waived 
     any right--
       ``(A) to review or appeal under this Act an immigration 
     officer's determination as to the admissibility of the alien 
     at the port of entry into Guam or the Commonwealth of the 
     Northern Mariana Islands; or
       ``(B) to contest, other than on the basis of an application 
     for withholding of removal under section 241(b)(3) of this 
     Act or under the Convention Against Torture, or an 
     application for asylum if permitted under section 208, any 
     action for removal of the alien.
       ``(3) Regulations.--All necessary regulations to implement 
     this subsection shall be promulgated by the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Interior and the Secretary of State, on or before the 180th 
     day after the date of enactment of the Consolidated Natural 
     Resources Act of 2008. The promulgation of such regulations 
     shall be considered a foreign affairs function for purposes 
     of section 553(a) of title 5, United States Code. At a 
     minimum, such regulations should include, but not necessarily 
     be limited to--
       ``(A) a listing of all countries whose nationals may obtain 
     the waiver also provided by this subsection, except that such 
     regulations shall provide for a listing of any country from 
     which the Commonwealth has received a significant economic 
     benefit from the number of visitors for pleasure within the 
     one-year period preceding the date of enactment of the 
     Consolidated Natural Resources Act of 2008, unless the 
     Secretary of Homeland Security determines that such country's 
     inclusion on such list would represent a threat to the 
     welfare, safety, or security of the United States or its 
     territories; and
       ``(B) any bonding requirements for nationals of some or all 
     of those countries who may present an increased risk of 
     overstays or other potential problems, if different from such 
     requirements otherwise provided by law for nonimmigrant 
     visitors.
       ``(4) Factors.--In determining whether to grant or continue 
     providing the waiver under this subsection to nationals of 
     any country, the Secretary of Homeland Security, in 
     consultation with the Secretary of the Interior and the 
     Secretary of State, shall consider all factors that the 
     Secretary deems relevant, including electronic travel 
     authorizations, procedures for reporting lost and stolen 
     passports, repatriation of aliens, rates of refusal for 
     nonimmigrant visitor visas, overstays, exit systems, and 
     information exchange.
       ``(5) Suspension.--The Secretary of Homeland Security shall 
     monitor the admission of nonimmigrant visitors to Guam and 
     the Commonwealth of the Northern Mariana Islands under this 
     subsection. If the Secretary determines that such admissions 
     have resulted in an unacceptable number of visitors from a 
     country remaining unlawfully in Guam or the Commonwealth of 
     the Northern Mariana Islands, unlawfully obtaining entry to 
     other parts of the United States, or seeking withholding of 
     removal or asylum, or that visitors from a country pose a 
     risk to law enforcement or security interests of Guam or the 
     Commonwealth of the Northern Mariana Islands or of the United 
     States (including the interest in the enforcement of the 
     immigration laws of the United States), the Secretary shall 
     suspend the admission of nationals of such country under this 
     subsection. The Secretary of Homeland Security may in the 
     Secretary's discretion suspend the Guam and Northern Mariana 
     Islands visa waiver program at any time, on a country-by-
     country basis, for other good cause.
       ``(6) Addition of countries.--The Governor of Guam and the 
     Governor of the Commonwealth of the Northern Mariana Islands 
     may request the Secretary of the Interior and the Secretary 
     of Homeland Security to add a particular country to the list 
     of countries whose nationals may obtain the waiver provided 
     by this subsection, and the Secretary of Homeland Security 
     may grant such request after consultation with the Secretary 
     of the Interior and the Secretary of State, and may 
     promulgate regulations with respect to the inclusion of that 
     country and any special requirements the Secretary of 
     Homeland Security, in the Secretary's sole discretion, may 
     impose prior to allowing nationals of that country to obtain 
     the waiver provided by this subsection.''.
       (c) Special Nonimmigrant Categories for Guam and the 
     Commonwealth of the Northern Mariana Islands.--The Governor 
     of Guam and the Governor of the Commonwealth of the Northern 
     Mariana Islands (referred to in this subsection as ``CNMI'') 
     may request that the Secretary of Homeland Security study the 
     feasibility of creating additional Guam or CNMI-only 
     nonimmigrant visas to the extent that existing nonimmigrant 
     visa categories under the Immigration and Nationality Act do 
     not provide for the type of visitor, the duration of 
     allowable visit, or other circumstance. The Secretary of 
     Homeland Security may review such a request, and, after 
     consultation with the Secretary of State and the Secretary of 
     the Interior, shall issue a report to the Committee on Energy 
     and Natural Resources and the Committee on the Judiciary of 
     the Senate and the Committee on Natural Resources and the 
     Committee on the Judiciary of the House of Representatives 
     with respect to the feasibility of creating those additional 
     Guam or CNMI-only visa categories. Consideration of such 
     additional Guam or CNMI-only visa categories may include, but 
     are not limited to, special nonimmigrant statuses for 
     investors, students, and retirees, but shall not include 
     nonimmigrant status for the purpose of employment in Guam or 
     the CNMI.
       (d) Inspection of Persons Arriving From the Commonwealth of 
     the Northern Mariana Islands; Guam and Northern Mariana 
     Islands-Only Visas Not Valid for Entry Into Other Parts of 
     the United States.--Section 212(d)(7) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(7)) is amended

[[Page 5780]]

     by inserting ``the Commonwealth of the Northern Mariana 
     Islands,'' after ``Guam,''.
       (e) Technical Assistance Program.--
       (1) In general.--The Secretary of the Interior, in 
     consultation with the Governor of the Commonwealth, the 
     Secretary of Labor, and the Secretary of Commerce, and as 
     provided in the Interagency Agreements required to be 
     negotiated under section 6(a)(4) of the Joint Resolution 
     entitled ``A Joint Resolution to approve the `Covenant To 
     Establish a Commonwealth of the Northern Mariana Islands in 
     Political Union with the United States of America', and for 
     other purposes'', approved March 24, 1976 (Public Law 94-
     241), as added by subsection (a), shall provide--
       (A) technical assistance and other support to the 
     Commonwealth to identify opportunities for, and encourage 
     diversification and growth of, the economy of the 
     Commonwealth;
       (B) technical assistance, including assistance in 
     recruiting, training, and hiring of workers, to assist 
     employers in the Commonwealth in securing employees first 
     from among United States citizens and nationals resident in 
     the Commonwealth and if an adequate number of such workers 
     are not available, from among legal permanent residents, 
     including lawfully admissible citizens of the freely 
     associated states; and
       (C) technical assistance, including assistance to identify 
     types of jobs needed, identify skills needed to fulfill such 
     jobs, and assistance to Commonwealth educational entities to 
     develop curricula for such job skills to include training 
     teachers and students for such skills.
       (2) Consultation.--In providing such technical assistance 
     under paragraph (1), the Secretaries shall--
       (A) consult with the Government of the Commonwealth, local 
     businesses, regional banks, educational institutions, and 
     other experts in the economy of the Commonwealth; and
       (B) assist in the development and implementation of a 
     process to identify opportunities for and encourage 
     diversification and growth of the economy of the Commonwealth 
     and to identify and encourage opportunities to meet the labor 
     needs of the Commonwealth.
       (3) Cost-sharing.--For the provision of technical 
     assistance or support under this paragraph (other than that 
     required to pay the salaries and expenses of Federal 
     personnel), the Secretary of the Interior shall require a 
     non-Federal matching contribution of 10 percent.
       (f) Operations.--
       (1) Establishment.--At any time on and after the date of 
     enactment of this Act, the Attorney General, Secretary of 
     Homeland Security, and the Secretary of Labor may establish 
     and maintain offices and other operations in the Commonwealth 
     for the purpose of carrying out duties under--
       (A) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.); and
       (B) the transition program established under section 6 of 
     the Joint Resolution entitled ``A Joint Resolution to approve 
     the `Covenant to Establish a Commonwealth of the Northern 
     Mariana Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (Public Law 94-241), as added by subsection (a).
       (2) Personnel.--To the maximum extent practicable and 
     consistent with the satisfactory performance of assigned 
     duties under applicable law, the Attorney General, Secretary 
     of Homeland Security, and the Secretary of Labor shall 
     recruit and hire personnel from among qualified United States 
     citizens and national applicants residing in the Commonwealth 
     to serve as staff in carrying out operations described in 
     paragraph (1).
       (g) Conforming Amendments to Public Law 94-241.--
       (1) Amendments.--Public Law 94-241 is amended as follows:
       (A) In section 503 of the covenant set forth in section 1, 
     by striking subsection (a) and redesignating subsections (b) 
     and (c) as subsections (a) and (b), respectively.
       (B) By striking section 506 of the covenant set forth in 
     section 1.
       (C) In section 703(b) of the covenant set forth in section 
     1, by striking ``quarantine, passport, immigration and 
     naturalization'' and inserting ``quarantine and passport''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the transition program effective date 
     described in section 6 of Public Law 94-241 (as added by 
     subsection (a)).
       (h) Reports to Congress.--
       (1) In general.--Not later than March 1 of the first year 
     that is at least 2 full years after the date of enactment of 
     this subtitle, and annually thereafter, the President shall 
     submit to the Committee on Energy and Natural Resources and 
     the Committee on the Judiciary of the Senate and the 
     Committee on Natural Resources and the Committee on the 
     Judiciary of the House of Representatives a report that 
     evaluates the overall effect of the transition program 
     established under section 6 of the Joint Resolution entitled 
     ``A Joint Resolution to approve the `Covenant To Establish a 
     Commonwealth of the Northern Mariana Islands in Political 
     Union with the United States of America', and for other 
     purposes'', approved March 24, 1976 (Public Law 94-241), as 
     added by subsection (a), and the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
       (2) Contents.--In addition to other topics otherwise 
     required to be included under this subtitle or the amendments 
     made by this subtitle, each report submitted under paragraph 
     (1) shall include a description of the efforts that have been 
     undertaken during the period covered by the report to 
     diversify and strengthen the local economy of the 
     Commonwealth, including efforts to promote the Commonwealth 
     as a tourist destination. The report by the President shall 
     include an estimate for the numbers of nonimmigrant workers 
     described under section 101(a)(15)(H) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid 
     adverse economic effects in Guam and the Commonwealth.
       (3) GAO report.--The Government Accountability Office shall 
     submit a report to the Congress not later than 2 years after 
     the date of enactment of this Act, to include, at a minimum, 
     the following items:
       (A) An assessment of the implementation of this subtitle 
     and the amendments made by this subtitle, including an 
     assessment of the performance of Federal agencies and the 
     Government of the Commonwealth in meeting congressional 
     intent.
       (B) An assessment of the short-term and long-term impacts 
     of implementation of this subtitle and the amendments made by 
     this subtitle on the economy of the Commonwealth, including 
     its ability to obtain workers to supplement its resident 
     workforce and to maintain access to its tourists and 
     customers, and any effect on compliance with United States 
     treaty obligations mandating non-refoulement for refugees.
       (C) An assessment of the economic benefit of the investors 
     ``grandfathered'' under subsection (c) of section 6 of the 
     Joint Resolution entitled ``A Joint Resolution to approve the 
     `Covenant To Establish a Commonwealth of the Northern Mariana 
     Islands in Political Union with the United States of 
     America', and for other purposes'', approved March 24, 1976 
     (Public Law 94-241), as added by subsection (a), and the 
     Commonwealth's ability to attract new investors after the 
     date of enactment of this Act.
       (D) An assessment of the number of illegal aliens in the 
     Commonwealth, including any Federal and Commonwealth efforts 
     to locate and repatriate them.
       (4) Reports by the local government.--The Governor of the 
     Commonwealth may submit an annual report to the President on 
     the implementation of this subtitle, and the amendments made 
     by this subtitle, with recommendations for future changes. 
     The President shall forward the Governor's report to the 
     Congress with any Administration comment after an appropriate 
     period of time for internal review, provided that nothing in 
     this paragraph shall be construed to require the President to 
     provide any legislative recommendation to the Congress.
       (5) Report on federal personnel and resource 
     requirements.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     after consulting with the Secretary of the Interior and other 
     departments and agencies as may be deemed necessary, shall 
     submit a report to the Committee on Natural Resources, the 
     Committee on Homeland Security, and the Committee on the 
     Judiciary of the House of Representatives, and to the 
     Committee on Energy and Natural Resources, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate, on the current and planned 
     levels of Transportation Security Administration, United 
     States Customs and Border Protection, United States 
     Immigration and Customs Enforcement, United States 
     Citizenship and Immigration Services, and United States Coast 
     Guard personnel and resources necessary for fulfilling 
     mission requirements on Guam and the Commonwealth in a manner 
     comparable to the level provided at other similar ports of 
     entry in the United States. In fulfilling this reporting 
     requirement, the Secretary shall consider and anticipate the 
     increased requirements due to the proposed realignment of 
     military forces on Guam and in the Commonwealth and growth in 
     the tourism sector.
       (i) Required Actions Prior to Transition Program Effective 
     Date.--During the period beginning on the date of enactment 
     of this Act and ending on the transition program effective 
     date described in section 6 of Public Law 94-241 (as added by 
     subsection (a)), the Government of the Commonwealth shall--
       (1) not permit an increase in the total number of alien 
     workers who are present in the Commonwealth as of the date of 
     enactment of this Act; and
       (2) administer its nonrefoulement protection program--
       (A) according to the terms and procedures set forth in the 
     Memorandum of Agreement entered into between the Commonwealth 
     of the Northern Mariana Islands and the United States 
     Department of Interior, Office of Insular Affairs, executed 
     on September 12, 2003 (which terms and procedures, including 
     but

[[Page 5781]]

     not limited to funding by the Secretary of the Interior and 
     performance by the Secretary of Homeland Security of the 
     duties of ``Protection Consultant'' to the Commonwealth, 
     shall have effect on and after the date of enactment of this 
     Act), as well as CNMI Public Law 13-61 and the Immigration 
     Regulations Establishing a Procedural Mechanism for Persons 
     Requesting Protection from Refoulement; and
       (B) so as not to remove or otherwise effect the involuntary 
     return of any alien whom the Protection Consultant has 
     determined to be eligible for protection from persecution or 
     torture.
       (j) Conforming Amendments to the Immigration and 
     Nationality Act.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(D)(ii), by inserting ``or the 
     Commonwealth of the Northern Mariana Islands'' after ``Guam'' 
     each time such term appears;
       (2) in section 101(a)(36), by striking ``and the Virgin 
     Islands of the United States'' and inserting ``the Virgin 
     Islands of the United States, and the Commonwealth of the 
     Northern Mariana Islands'';
       (3) in section 101(a)(38), by striking ``and the Virgin 
     Islands of the United States'' and inserting ``the Virgin 
     Islands of the United States, and the Commonwealth of the 
     Northern Mariana Islands'';
       (4) in section 208, by adding at the end the following:
       ``(e) Commonwealth of the Northern Mariana Islands.--The 
     provisions of this section and section 209(b) shall apply to 
     persons physically present in the Commonwealth of the 
     Northern Mariana Islands or arriving in the Commonwealth 
     (whether or not at a designated port of arrival and including 
     persons who are brought to the Commonwealth after having been 
     interdicted in international or United States waters) only on 
     or after January 1, 2014.''; and
       (5) in section 235(b)(1), by adding at the end the 
     following:
       ``(G) Commonwealth of the northern mariana islands.--
     Nothing in this subsection shall be construed to authorize or 
     require any person described in section 208(e) to be 
     permitted to apply for asylum under section 208 at any time 
     before January 1, 2014.''.
       (k) Availability of Other Nonimmigrant Professionals.--The 
     requirements of section 212(m)(6)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a 
     facility in Guam, the Commonwealth of the Northern Mariana 
     Islands, or the Virgin Islands.

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

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

     SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 705. EFFECTIVE DATE.

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

             Subtitle B--Northern Mariana Islands Delegate

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

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

     SEC. 712. ELECTION OF DELEGATE.

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

     SEC. 713. QUALIFICATIONS FOR OFFICE OF DELEGATE.

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

     SEC. 714. DETERMINATION OF ELECTION PROCEDURE.

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

     SEC. 715. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

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

     SEC. 716. LACK OF EFFECT ON COVENANT.

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

     SEC. 717. DEFINITION.

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

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

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

          TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

     SEC. 801. APPROVAL OF AGREEMENTS.

       (a) In General.--Section 101 of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921) is 
     amended--
       (1) in the first sentence of subsection (a), by inserting 
     before the period at the end the following: ``, including 
     Article X of the Federal Programs and Services Agreement 
     Between the Government of the United States and the 
     Government of the Federated States of Micronesia, as amended 
     under the Agreement to Amend Article X that was signed by 
     those two Governments on June 30, 2004,

[[Page 5782]]

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

     SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES.

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

     SEC. 803. CONFORMING AMENDMENT.

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

     SEC. 804. CLARIFICATIONS REGARDING PALAU.

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

     SEC. 805. AVAILABILITY OF LEGAL SERVICES.

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

     SEC. 806. TECHNICAL AMENDMENTS.

       (a) Title I.--
       (1) Section 177 agreement.--Section 103(c)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921b(c)(1)) is amended by striking ``section 177'' and 
     inserting ``Section 177''.
       (2) Interpretation and united states policy.--Section 104 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921c) is amended--
       (A) in subsection (b)(1), by inserting ``the'' before 
     ``U.S.-RMI Compact,'';
       (B) in subsection (e)--
       (i) in the matter preceding subparagraph (A) of paragraph 
     (8), by striking ``to include'' and inserting ``and 
     include'';
       (ii) in paragraph (9)(A), by inserting a comma after 
     ``may''; and
       (iii) in paragraph (10), by striking ``related to service'' 
     and inserting ``related to such services''; and
       (C) in the first sentence of subsection (j), by inserting 
     ``the'' before ``Interior''.
       (3) Supplemental provisions.--Section 105(b)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921d(b)(1)) is amended by striking ``Trust Fund'' and 
     inserting ``Trust Funds''.
       (b) Title II.--
       (1) U.S.-FSM compact.--The Compact of Free Association, as 
     amended, between the Government of the United States of 
     America and the Government of the Federated States of 
     Micronesia (as provided in section 201(a) of the Compact of 
     Free Association Amendments Act of 2003 (117 Stat. 2757)) is 
     amended--
       (A) in section 174--
       (i) in subsection (a), by striking ``courts'' and inserting 
     ``court''; and
       (ii) in subsection (b)(2), by striking ``the'' before 
     ``November'';
       (B) in section 177(a), by striking ``, or Palau'' and 
     inserting ``(or Palau)'';
       (C) in section 179(b), by striking ``amended Compact'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the fourth sentence of subsection (a), by striking 
     ``Compact, as Amended, of Free Association'' and inserting 
     ``Compact of Free Association, as amended'';
       (ii) in the fifth sentence of subsection (a), by striking 
     ``Trust Fund Agreement,'' and inserting ``Agreement Between 
     the Government of the United States of America and the 
     Government of the Federated States of Micronesia Implementing 
     Section 215 and Section 216 of the Compact, as Amended, 
     Regarding a Trust Fund (Trust Fund Agreement),'';
       (iii) in subsection (b)--

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

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

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

       (L) in the third sentence of section 354(a), by striking 
     ``section 442 and 452'' and inserting ``sections 442 and 
     452'';
       (M) in section 461(h), by striking ``Telecommunications'' 
     and inserting ``Telecommunication'';
       (N) in section 462(b)(4), by striking ``of Free 
     Association'' the second place it appears; and
       (O) in section 463(b), by striking ``Articles IV'' and 
     inserting ``Article IV''.
       (2) U.S.-RMI compact.--The Compact of Free Association, as 
     amended, between the Government of the United States of 
     America and the Government of the Republic of the Marshall 
     Islands (as provided in section 201(b) of the Compact of Free 
     Association Amendments Act of 2003 (117 Stat. 2795)) is 
     amended--
       (A) in section 174(a), by striking ``court'' and inserting 
     ``courts'';
       (B) in section 177(a), by striking the comma before ``(or 
     Palau)'';
       (C) in section 179(b), by striking ``amended Compact,'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the fourth sentence of subsection (a), by striking 
     ``Compact, as Amended, of Free Association'' and inserting 
     ``Compact of Free Association, as amended'';
       (ii) in the first sentence of subsection (b), by striking 
     ``Agreement between the Government of the United States and 
     the Government of the Republic of the Marshall Islands 
     Regarding Miliary Use and Operating Rights'' and inserting 
     ``Agreement Regarding the Military Use and Operating Rights 
     of the Government of the United States in the Republic of the 
     Marshall Islands concluded Pursuant to Sections 321 and 323 
     of the Compact of Free Association, as Amended (Agreement 
     between the Government of the United States and the 
     Government of the Republic of the Marshall Islands Regarding 
     Military Use and Operating Rights)''; and
       (iii) in the last sentence of subsection (e), by inserting 
     before the period at the end the following: ``and the Federal 
     Programs and

[[Page 5783]]

     Services Agreement referred to in section 231'';
       (E) in section 221(a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Section 231'' and inserting ``section 231''; and
       (ii) in paragraph (5), by inserting ``(Federal Emergency 
     Management Agency)'' after ``Homeland Security'';
       (F) in the second sentence of section 232, by striking 
     ``sections 103(m)'' and all that follows through ``(January 
     14, 1986)'' and inserting ``section 103(k) of Public Law 108-
     188, 117 Stat. 2734, December 17, 2003'';
       (G) in the first sentence of section 341, by striking 
     ``Section 141'' and inserting ``section 141'';
       (H) in section 342--
       (i) in subsection (a), by striking ``14 U.S.C. 195'' and 
     inserting ``section 195 of title 14, United States Code''; 
     and
       (ii) in subsection (b)--

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

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

     SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

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

     SEC. 808. PALAU ROAD MAINTENANCE.

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

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

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

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

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

  Mr. BINGAMAN. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. Madam President, I know the Senator from Washington, 
Mrs. Murray, is waiting to speak, and I will not take much time except 
to say Senator Domenici and I obviously had tremendously good help from 
our staffs. They worked long and hard to put this legislation together 
and get it into a form where it could be considered by the Senate.
  We will seek time later this afternoon to elaborate as to the 
individual members of our staffs who participated and to thank them for 
their good work.
  I will yield the floor and allow Senator Murray and Senator Cantwell 
to speak as provided in the unanimous consent agreement.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mrs. MURRAY. Madam President, I thank my colleague from New Mexico 
for his tremendous work. I rise to thank all of my colleagues for 
supporting the public lands and natural resources package that was just 
passed by the Senate.
  I, like many of my colleagues, have a vested interest in this bill. 
It contains my Wild Sky Wilderness Act which will designate over 
100,000 acres as wilderness. This proposal is the result of almost 9 
years of work by myself and Congressman Larsen of my home State. It has 
the support of the vast majority of the communities around the area, as 
well as outdoor enthusiasts, area businesses, and literally thousands 
of Washington State residents.
  Congressman Larsen and I began working on Wild Sky back in 1999 
because we were troubled by the rapid growth in Seattle and surrounding 
areas. We are so fortunate in our State to have unique and beautiful 
natural landscapes from the peaks of the Cascade Mountains, the 
northwest rain forest, the Olympic Peninsula to the mighty Columbia 
River. But many of our special lands could be jeopardized if we do not 
take action to preserve them now.
  The Wild Sky Wilderness area will ensure that 106,000 acres of 
rolling hills, rushing rivers, and low-elevation forest in Washington 
State's Mount Baker-Snoqualmie National Forest are going to be 
preserved for generations to come.
  I am immensely proud of this legislation. The Wild Sky Wilderness 
area is just 90 minutes away from downtown Seattle. It will give more 
than 2.4 million from Snohomish, King, and Skagit Counties easy access 
to hike and camp in a distinctive northwest landscape, it will preserve 
unique low elevation ecosystems, and it is going to give the 
surrounding towns a great economic boost by increasing the number of 
visitors.
  I am especially proud because so many people in Washington State are 
so excited about this wilderness proposal. Newspapers have endorsed it 
in more than 50 editorials, and more than 200 newspaper articles, op-
eds, and letters to the editor have raved about it.
  This is the fourth time the Senate has considered this bill. Wild Sky 
in the past has passed the Senate unanimously three times because we 
saw the value of this wilderness proposal and recognized that this bill 
is something my State supports.
  Last year, for the first time, Wild Sky passed the House, and now 
passing the Senate, we are so close to making this truly a reality.
  With that in mind, I want to take a few minutes to share with my 
colleagues what they just did. I want them to see some of the benefits 
this bill offers my home State of Washington and why people in my State 
are so eager to create the Wild Sky Wilderness.

[[Page 5784]]

  Since the days when Native people and early settlers harvested salmon 
and timber from our streams and forests, people who live in Washington 
State have recognized the importance of our natural heritage. We have a 
great tradition in my State of respecting and enjoying the natural 
beauty that surrounds us.
  Washington State is home to tremendously natural resources, and we 
have a proud history of embracing our national parks and our forests. 
The Wild Sky area is already being enjoyed by many of our citizens who 
hike or hunt or raft or camp there. And since we proposed designating 
it as wilderness, literally thousands of people have written 
Congressman Larsen and me to share their support. Many of those writers 
told personal stories about their experiences in the Wild Sky area.
  Mike Town is a high school science teacher from Duvall, WA. He 
described introducing his students to a wild salmon spawning site near 
the Wild Sky Wilderness. Because that river's headwaters are in the 
proposed wilderness area, the water is still so pristine there that 
salmon are able to thrive, and today it is the one of the few places 
left in the Cascades where spawning salmon are still so numerous you 
could actually walk across the river on their backs.
  Mike called that river one of the greatest spectacles in nature, and 
he said to me:

       I cherish the belief that with federal protection for this 
     area, my teenage students will have the ability to share the 
     experience of spawning wild salmon with their grandchildren.

  So the first reason we are so excited about Wild Sky is because it 
reflects the values of the people of Washington State.
  But another reason this bill has so much support is because we worked 
hard to accommodate the needs of the users of this area. Very early on 
in the process, we reached out to all the local stakeholders to gauge 
their interest and ask if they had any concerns, and we were able to 
work with them and address many of the issues they raised.
  We worked with Longview Fibre, a paper company that had some land in 
the proposed boundary. As a result, we were able to draw out certain 
areas and prioritize others that the company was willing to sell.
  We heard from local and State snowmobile groups concerned that the 
boundaries of our original proposal would shut out important riding 
areas. So we took out a vast majority of those areas.
  We ensured that float planes still have access to Lake Isabel.
  We worked with the Forest Service and excluded heavily used areas 
around Barclay Lake and the only two areas where timber sales were 
being considered.
  We made sure that Snohomish County and the Forest Service were 
comfortable with the emergency communication capability in and around 
the wilderness area.
  And last winter, massive floods altered the path of the Skykomish 
River and displaced and destroyed parts of that road that provides 
access through our proposed wilderness area. So Congressman Larsen and 
I got back together and brought together Snohomish County, the Forest 
Service, and local advocates to responsibly adjust the boundaries of 
this wilderness to make sure the road could be rebuilt and remain open 
for future use.
  Thanks to all of this work, we have the support now of many of the 
locally elected officials and most of the surrounding towns and 
counties. Local conservation, hunting, and fishing groups back this 
bill. The Seaplane Pilots Association and many local businesses endorse 
it, and the Under Secretary of Natural Resources for the Forest 
Service, Mark Rey, said the President will sign this bill.
  Even though many people in Washington State understand and appreciate 
the value of wilderness, this bill has a lot of support because we were 
also willing to work with the diverse groups of people who have an 
interest in how this land is used. This truly was a public process.
  Although we, of course, could not meet every single need, we have 
made every effort to accommodate everyone who engaged in this process, 
and thanks to this effort, this bill is an example of wilderness done 
the right way.
  I wish to talk about the benefits of Wild Sky because I am so excited 
about what it offers people who live in my State and those who visit. 
Several years ago, I took a trip through the area where the Wild Sky 
Wilderness would be. It is very hard to put into words how beautiful 
this stunning, amazing area is that is 90 minutes from downtown 
Seattle.
  A significant part of this wilderness is seemingly endless expanses 
of meadows. Rolling mountains can be seen that are covered with stands 
of huge old moss-covered trees, and some of those trees are over 100 
years old. From the ridges, you have incredible views of the western 
slopes of the Cascade Mountains.
  This area is so unique. And one of the things that makes it unique is 
its relatively low elevation. About one-third of Wild Sky is below 
3,000 feet. So the Wild Sky Wilderness area is going to bring new 
ecological systems into our wilderness lands that are underrepresented 
right now.
  Wild Sky links our forests and meadows and steep craggy peaks, as you 
can see, and it is going to create a protected habitat corridor for all 
the wildlife living in this area. We have wolves and mountain goats, 
black and grizzly bears, and deer and trout.
  Salmon spawning grounds teeming with fish--just like the one my 
town's science teacher showed his students--used to be very common, but 
today many of those species are struggling to survive. So at a time 
when we are asking private landowners to assist in recovering wild fish 
runs, I believe the Federal Government ought to do everything it can on 
its own land to help protect and restore that wildlife habitat.
  Secondly, Madam President, the Wild Sky Wilderness is going to offer 
us great new recreational opportunities for people in a growing region. 
Wild Sky is unusually accessible because of its low elevation, and it 
is near an urban area. So families looking for a quick and easy access 
to nature are going to be able to enjoy this very pristine land. 
Climbers and hikers, hunters and anglers have already sent us letters 
and e-mails talking about the opportunities that Wild Sky offers.
  Mark Heckert, who is a fish and wildlife biologist from Puyallup, 
wrote to me that he has taken his two sons to camp and hunt and fish in 
this area. He wrote me about how much he values the outdoors and said 
he hopes to secure the Wild Sky Wilderness for his children to enjoy. 
He said to me:

       Wild landscapes like those provided in the Wild Sky provide 
     the stage for a generational right of passage where young 
     boys and girls can discover their connection to our land.

  Creating this Wild Sky Wilderness is going to ensure that Mark and 
his sons can return to Wild Sky in the years to come.
  Finally, Madam President, hikers, climbers, rafters, hunters, and 
anglers who visit us in the Puget Sound area--and I invite everyone who 
is listening to come and enjoy Wild Sky--will spend their money as they 
travel through this area. Recreational enthusiasts will see Wild Sky in 
the future listed on maps and guide books as a special destination, and 
those tourists will come and stay in our hotels and our campgrounds and 
eat in our restaurants and use local guides and outfitters.
  In recent years, the outdoor recreation business appears to have 
stayed healthy, even during bad economic times, and Wild Sky is going 
to help contribute to that in the future. And, again, I invite all who 
are listening to come and enjoy this beautiful place that you saw get 
voted on here in the Senate this afternoon.
  Madam President, those are just a few of the benefits of this Wild 
Sky Wilderness. We have done a lot of hard work on this bill in the 
last 8 years, and we couldn't have done it without the help of a lot of 
people. So let me take the last few minutes and thank all of the people 
across my State and

[[Page 5785]]

here in the Senate who have worked so hard to get this bill done.
  I thank Chairman Bingaman and his great staff, especially Bob Simon 
and David Brooks, for their help and their unwavering support of Wild 
Sky throughout all the years.
  I thank Senator Domenici, who is leaving us this year to retire. 
Without him and his hard work on this bill, we wouldn't be here today.
  I thank Senators Crapo and Murkowski for all they did over the past 
weeks and months to move this package forward. I couldn't have gotten 
here--we couldn't have gotten here--without their hard work.
  I thank many of my staff members, especially Doug Clapp, who helped 
me originally develop this bill many years ago; Jaime Shimek, Evan 
Schatz, and Mike Spahn. I can't even begin to say all the names of my 
staff members who over the years have worked with us as we have 
developed this bill and gotten it over the finish line. I thank all of 
them.
  I recognize the hard work and support of Congressman Larsen and his 
staff, Senator Cantwell and her staff. She is on the Senate floor this 
afternoon as well and serves on the committee. I could not have done it 
without her help and support. I know she has climbed into the Wild Sky 
and seen it as well as I have and is as excited as I am to be out there 
to see this completed.
  I thank Under Secretary Mark Rey of the administration, who supported 
this bill for many years.
  But above all, Madam President, I thank the people of my home State 
of Washington who have worked tirelessly to bring this idea from a 
proposal on a piece of paper 9 years ago to legislation that was passed 
in the Senate this afternoon.
  I am going to be back when the President signs this bill into law and 
thank a broader list of people who have been so essential, but as I 
finish this afternoon I want to note the work of Tom Uniack and Mike 
Town, and I thank them personally for all their work. They have been so 
willing to listen and to answer questions and to give tours of the Wild 
Sky country and have worked with us every step of the way.
  Tom and Mike, thank you. All your hard work has paid off, and we now 
have passed in the Senate a very popular bill.
  Wild Sky is going to help my State take a great step forward in 
protecting our environment. It is going to enhance our economy, it is 
going to improve our recreational opportunities, and I can tell you, 
people from my State are eager to get this bill through the House 
quickly and on to the President's desk to be signed.
  We took a major step forward toward this goal today, and, again, I 
invite all of you who are listening to come to the State of Washington 
and visit Wild Sky.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Ms. CANTWELL. Madam President, I rise to speak a few minutes about 
the public lands bill we just voted out of the Senate with a pretty 
resounding majority of Members.
  Within that public lands bill we just voted on is the only wilderness 
designation, the one my colleague from Washington just described--the 
Wild Sky Wilderness area. And I am here to not only congratulate her on 
this important legislation but to also speak because so much was said 
prior to the vote about why we would have such legislation on the 
Senate floor, and about the issue of Federal lands in individual 
States.
  I think my colleague from Washington just articulated exactly why 
such an important piece of legislation is needed, the fact that it is 
the designation of a wilderness area that she has been trying to get 
ever since I have been in the Senate. In fact, she mentioned 9 years 
she has been working on that legislation. Since at least 2001, I have 
seen this legislation in various forms move through either the House or 
the Senate. I am sure her enthusiasm today is about the prospect of the 
Senate and the House, under Democratic control, actually getting this 
legislation passed.
  But let me make a couple of points because my colleague, Senator 
Murray, brought up this issue, the specifics of Wild Sky's designation. 
It is a beautiful place. I have had the opportunity to hike there and 
to see the beauty firsthand. But people don't understand the 
designation of these Federal lands. I will say right now that I know 
how much Federal land is in Washington State. We have 12.2 million 
acres out of over 42 million acres. That is 29 percent of our State. I 
understand other States may not like that kind of designation, but for 
us in Washington State it has been part of our lifestyle and part of 
what we want to preserve.
  In fact, Mount Rainier, one of our most visited special places, over 
1 million people visit it on an annual basis. And a little company some 
people may have heard of, REI, based in Seattle, has outdoor 
recreational gear and does about $1 million worth of business annually. 
So there are people who very much believe in the outdoors.
  I am sure the Presiding Officer knows very well that the beauty of 
special places is worth preserving, and it is a great boon to our 
economy.
  Senator Murray did an unbelievable job in shepherding this 
legislation through the Senate and working with her colleague in the 
House, Congressman Larsen, now for 7 years. There were many times in 
which she could have gotten detoured by various Members. Actually, this 
has passed three times in the Senate on the consent calendar but has 
been either delayed in the House or a Member held it up, and really 
held up an opportunity for many people to enjoy what our State has, in 
a very bipartisan way, been supporting.
  In Washington State, many people are conservationists. Before they 
are Republicans or Democrats or Independents, they are conservationists 
first. Senator Murray has had to persevere with this legislation 
through various individual Members holding it up. So I say a special 
thanks to her. And I know if Scoop Jackson were alive, Scoop Jackson 
would be here to also congratulate her, as someone who did the original 
wilderness designation. She would be very honored to know that someone 
such as Scoop, in writing this original legislation, had the issues of 
Wild Sky very much in mind.
  Madam President, how much time do I have?
  The PRESIDING OFFICER. The Senator has spoken for 3 minutes.
  Ms. CANTWELL. Madam President, I ask unanimous consent for an 
additional 1 minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. Madam President, I want to also mention another piece 
of the underlying legislation because, again, some people have 
questioned, why do a public lands bill of this nature. Another piece of 
this legislation that I have worked on with my colleague, Congressman 
Inslee of Bainbridge Island in our State, is to preserve an area known 
as the Eagledale Ferry Dock site on Bainbridge Island as a unit of the 
national monument designation under our national park system.
  People may say, well, why designate this particular area? During 
World War II, over 120,000 Japanese Americans were forced into 
internment camps, and the first place from which they were forced to 
leave and to go to the internment camps was from this site on 
Bainbridge Island in Washington State. On March 30, 1942, 227 residents 
of Bainbridge Island were asked to report to this ferry dock site and 
were taken to internment camps in Minidoka, ID, and Tule Lake in 
northern California.
  So this is what this lands bill is about. It is about protecting 
wilderness and making designations of sites that should be remembered. 
So I am very proud we got this bill off the floor, and I hope we will 
see immediate action by the House.
  I thank the Chair.

[[Page 5786]]



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